Metro South-West Joint Development Assessment … daps... · Item 8.1. Mr Stephen Corns (MJA...

Metro South-West Joint Development Assessment Panel Agenda

Meeting Date and Time: Monday, 7 November 2016; 9.00am Meeting Number: MSWJDAP/ 117 Meeting Venue: City of Fremantle 8 William Street, Fremantle Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Stacey Towne (Deputy Presiding Member) Mr Rob Nicholson (Specialist Member) Cr Andrew Sullivan (Local Government Member, City of Fremantle) Cr Rachel Pemberton (Local Government Member, City of Fremantle) Officers in attendance Mr Anthony Denholm (City of Fremantle) Mr Justin Lawrence (City of Fremantle) Mr Nathan Blumenthal (City of Fremantle) Local Government Minute Secretary Ms Emma Wallace (City of Fremantle) Applicants and Submitters Mr Luke Montgomery (Taylor Burrell Barnett) Mr Jono Harris (Harris Architects) Mr David Caddy (TPG) Members of the Public Nil 1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held.

2. Apologies

Cr Jon Strachan (Local Government Member, City of Fremantle)

3. Members on Leave of Absence

Nil

Version: 3 Page 1

4. Noting of Minutes

Note the Minutes of the Metro South-West JDAP meeting No.116 held on the 20 October 2016.

5. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

7.1 Mr Luke Montgomery (Taylor Burrell Barnett) and Mr Jono Harris (Harris Architects) presenting for the application at Item 8.1. The presentation will address the amended plan and reasons for modifications.

7.2 Mr David Caddy (TPG) presenting for the application at Item 9.1. The

presentation will support the officer recommendation but will request an amendment to condition 19.

8. Form 1 - Responsible Authority Reports – DAP Applications 8.1 Property Location: No. 52 (Lot 2) Adelaide Street, Fremantle Application Details: Demolition of existing building and construction

of an eight (8) storey (plus basement) Mixed use development (71 x Multiple Dwellings, 7 x Commercial tenancies)

Applicant: Taylor Burrell Barnett Owner: Glenwaye Pty Ltd Responsible authority: City of Fremantle DoP File No: DAP/16/01060

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

development approval

9.1 Property Location: No.29 (Lot 3) Leighton Beach Boulevard, North Fremantle

Application Details: Minor amendments to approved Multiple Dwelling development (DAP80003/14)

Applicant: TPG Town Planning & Urban Design Owner: Mirvac (Wa) Pty Ltd Responsible authority: City of Fremantle DoP File No: DAP/14/00558

Version: 3 Page 2

10. Appeals to the State Administrative Tribunal

Nil

11. General Business / Meeting Closure

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

Version: 3 Page 3

Meeting No.116 20 October 2016

Minutes of the Metro South-West Joint Development Assessment Panel

Meeting Date and Time: Thursday, 20 October 2016; 10.00am Meeting Number: MSWJDAP/ 116 Meeting Venue: City of Cockburn 9 Coleville Crescent, Spearwood Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Stacey Towne (Deputy Presiding Member) Mr Rob Nicholson (Specialist Member) Cr Steven Portelli (Local Government Member, City of Cockburn) Cr Kevin Allen (Local Government Member, City of Cockburn) Officers in attendance Mr Andrew Lefort (City of Cockburn) Mr Daniel Arndt (City of Cockburn) Local Government Minute Secretary Ms Lynette Jakovcevic (City of Cockburn) Applicants and Submitters Mr Trent Will (Planning Solutions) Mr Stephen Corns (M J Solutions) Mr Richard Eden (Blue Ocean Enterprise) Members of the Public Nil 1. Declaration of Opening

The Presiding Member, Mr Ian Birch declared the meeting open at 10.04 a.m. on 20 October 2016 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

The Presiding Member announced the meeting would be run in accordance with the Development Assessment Panel Standing Orders 2012 under the Planning and Development (Development Assessment Panels) Regulations 2011.

The Presiding Member advised that the meeting is being audio recorded in accordance with Section 5.16 of the Standing Orders 2012; No Recording of Meeting, which states: 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting

Mr Ian Birch Presiding Member, Metro South-West JDAP Page 1


unless the Presiding Member has given permission to do so.' The Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Nil

3. Members on Leave of absence Nil

4. Noting of minutes

Minutes of the Metro South-West JDAP meeting No.115 held on 6 October 2016 were noted by DAP members.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of interests

Nil

7. Deputations and presentations 7.1 Mr Trent Will (Planning Solutions) addressed the DAP for the application at

Item 8.1. Mr Stephen Corns (MJA Studio) along with Mr Tent Will (Planning Solutions) answered questions from the panel.

8. Form 1 - Responsible Authority Reports – DAP Applications

8.1 Property Location: No. 25 (Lot: 53) Ocean Drive, North Coogee Application Details: 24 Grouped Dwellings Applicant: Planning Solutions Owner: Blue Ocean Enterprises Responsible authority: City of Cockburn DoP File No: DAP/16/01101

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Kevin Allen Seconded by: Mr Rob Nicholson Officer’s Recommendation: That the Metro South-West JDAP resolves to: Approve DAP Application DAP/16/01101 and accompanying plans A1.02, A1.03, A2.01, A2.02, A2.03, A2.04, A2.05, A2.06, A2.07, A2.08, A2.09, A2.10, A3.01, A3.02, A3.03 & A3.04 in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011, as depicted on plans dated 7 July 2016, subject to the following conditions:



Conditions

1. The submission of final material, colour and finish schedule for assessment

and approval by the City prior to the issue of a Building Permit application for new buildings and then implemented to the satisfaction of the City.

2. All vehicular parking, including access ways, shall be designed and

constructed to the requirements of Australian Standard 22890 to the satisfaction of the City.

3. A detailed landscaping plan shall be submitted to and approved by the City, prior to the issue of a Building Permit Application for new buildings and shall include the following:- a) the location, number, size and species type of existing and

proposed trees and shrubs, including calculations for the landscaping area;

b) any lawns to be established; c) any existing landscaped areas to be retained; d) those areas to be reticulated or irrigated; e) details of any common area lighting; and f) details of landscaping within the public open space adjoining the site

to the west with details of the Boardwalk including the type of wood which is to match the existing boardwalk to the north.

4. The landscaping shall be installed in accordance with the approved detailed

landscape plan, and shall be reticulated or irrigated and maintained to the satisfaction of the City.

5. All outdoor lighting shall be installed and maintained in accordance with

Australian Standard AS 4282 - 1997 "Control of the Obtrusive Effects of Outdoor Lighting".

6. All service areas and service related hardware, including antennae, satellite

dishes and air-conditioning units, being suitably located from public view and/or screened from view from adjacent streets and/or the public domain.

7. A Construction Management Plan shall be submitted to and approved by the

City prior to issue of a Building Permit application for new buildings detailing management of: a) access to and from the site; b) the delivery of materials and equipment to the site; c) the storage of materials and equipment on the site; d) the parking arrangements for contractors and subcontractors; e) other matters likely to impact on surrounding properties; and f) management of construction waste.

The Construction Management Plan shall be implemented at all times during the construction phase.

8. Earthworks over the site and batters being stabilised to prevent sand or dust

blowing, with appropriate measures implemented within the time and in the manner directed by the City in the event that sand or dust is blown from the



site.

9. No building or construction related activities associated with this approval

causing noise and/or inconvenience to neighbours shall occur between the hours 7.00pm and 7.00am, Monday to Saturday, and shall not occur at all on Sundays or Public Holidays.

10. All stormwater shall be contained and disposed of on-site to the satisfaction of

the City. 11. Walls, fences and landscaped areas shall be truncated within 1.5 metres of

where they adjoin vehicle access points, where a driveway and/or parking bay meets a public street or limited in height to 0.75 metres to the satisfaction of the City.

12. A further Acoustic Report shall be submitted to and approved by the City, prior

to the issue of a Building Permit for new buildings, and implemented thereafter, to the satisfaction of the City.

13. Written confirmation from a recognised acoustic consultant that all

recommendations made in the Acoustic Report prepared by Herring Storer Acoustics dated May 2016 have been incorporated into the proposed development, shall be submitted to the City prior to the issue of a Building Permit for new buildings.

14. Prior to occupation of the development, the builder shall provide written

confirmation that the requirements of the Acoustic Report referred to in condition 13 have been incorporated into the completed development with the Form BA15 Application for Building Approval – Strata.

15. A notification, pursuant to section 165 of the Planning and Development Act

2005 shall be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification to be included on the deposited plan. The notification to state as follows: “This lot is situated in the vicinity of a transport corridor and is currently affected, or may be affected, by transport noise. Transportation noise controls and Quiet House Design strategies at potential cost to the owner may be required to achieve an acceptable level of noise reduction. Further information is available on request from the relevant local government offices.”

16. Prior to the submission of the Building Permit for new buildings, the Developer is to provide the City with a report from a suitably qualified and experienced specialist acoustic consultant, demonstrating that ground-borne vibration levels have been measured following clearing and compaction of the development site and identifying that the proposed design and construction methods will ensure that occupants of the development are not exposed to an unacceptable level of vibration.

17. The Building Permit is to be accompanied by a report from a recognised

acoustic consultant confirming that all recommendations made in the Vibration Report referred to in condition 16, have been incorporated into the proposed development.



18. The builder shall provide written confirmation that the requirements of the

Vibration Report referred to in condition 16 have been incorporated into the completed development with the Form BA7 Completion Form, prior to occupation of the development.

19. Details of the letter boxes and locations shall be submitted to and approved

by the City prior to the lodgement of a Building Permit Application for new buildings.

20. Arrangements being made for the proposed public open space to be

developed by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods and to the specifications of the local government.

21. The Bushfire Management Plan for Strata Lot 53 (No. 21) & Lot 8004

Ocean Drive and Lot 802 Robb Road, North Coogee dated June 2016 shall be implemented to the satisfaction of the City.

22. A Legal Agreement shall be submitted to the City Prior to the issue of a

Building Permit for new Buildings, between the owners of the subject property and the adjoining property at lot 802 Robb Road, North Coogee for the purpose of maintaining appropriate fire separation as per the Bushfire Management Plan for Strata Lot 53 (No. 21) & Lot 8004 Ocean Drive and Lot 802 Robb Road, North Coogee dated June 2016.

23. Prior to the issue of a Building Permit application for new buildings,

arrangements being made to the satisfaction of the City for the pro-rata developer contributions towards those items listed in the City of Cockburn Town Planning Scheme No. 3 for Community Infrastructure (DCA 13).

24. The required residential visitor parking bays shown on the approved plans

shall be clearly delineated (marked, signed) on-site, available for use within the development free of cost for the bona fide visitors of the occupants of the dwellings the subject of this approval, for the life of the development, and reflected as such on any strata plan as part of the common property of the strata scheme. No by-law pursuant to the Strata Titles Act 1985 shall be made that assigns any exclusive use of the visitor parking bays to any strata lot.

25. If dust is detected at adjacent premises and is deemed a nuisance by an

Environmental Health officer, then any process, equipment and/or activities that are causing the dust nuisance shall be stopped until the process, equipment or activity has been altered to prevent the dust to the satisfaction of the City.

26. Provisions identified in the Waste Management Plan approved by the City in

August 2016, which may include recycling measures and management of commercial and residential waste, are to be implemented and maintained thereafter to the satisfaction of the City.

27. Prior to the issue of a Building Permit for new Buildings, the existing

easement in gross over the subject property is to be modified to



accommodate the proposed development as required.

28. This decision constitutes planning approval only and is valid for a period of

two (2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

Advice Notes 1. The application has been determined by the JDAP on the basis of the plans

and information provided to the City for assessment. 2. This is a Planning Approval only and does not remove the responsibility of the

applicant/owner to comply with all relevant building, health and engineering requirements of the Council, or with any requirements of the City, or the requirements of the City. Prior to the commencement of any works associated with the development, a building permit is required.

3. The development is to comply with the requirements of the National

Construction Code. In this regard, it is recommended the City’s Building Services team should be consulted prior to the commencement of working drawings.

4. All stormwater drainage shall be designed in accordance with Australian

Standard AS3500. 5. With regard to Condition 12 above, the acoustic report shall be prepared by a

suitably qualified and recognised acoustic consultant and demonstrate that the design of the development meets the following requirements: (a) the design of the development when assessed against the criteria within

the WAPC State Planning Policy 5.4 entitled “Road and Rail Transport Noise and Freight Considerations in Land Use Planning”, will result in the acceptable indoor noise levels and at least one outdoor living area exposed to noise which meets the criteria for outdoor living areas identified in Table 1 of the Policy;

(b) the design and location of plant and other sources of noise within the development (such as air-conditioners, entry gates and break out noise) will not exceed the assigned noise levels set out in the Environmental Protection (Noise) Regulations 1997 (as amended); and

(c) that indoor noise levels will comply with the requirements of the National Construction Code (Building Code of Australia) with regard to sound transmission between units and floors of the development.

6. With regard to Condition 16 above, the report should demonstrate compliance

with the 1.4 times the base curves identified by Australian Standard 2670.2-1990 “Evaluation of human exposure to whole-body vibration; Part 2: Continuous and shock induced vibration in buildings (1 to 80 Hz)”, and the requirements of the South Beach Village Noise Management Strategy (including all attachments) as adopted by the Metropolitan Region Scheme Amendment No 1008/33.

7. With regard to Condition 16 above, the developer is to provide to the City a

report confirming that the recommendations made in the Vibration Report



referred to in condition 16 have been incorporated into the plans and supporting documents.

8. The builder shall provide written confirmation that the requirements of the Vibration Report referred to in condition 16 have been incorporated into the completed development with the Form BA7 Completion Form, prior to occupation of the development.

9. The parking bay/s, driveway/s and points of ingress and egress are to be

designed in accordance with the Australian Standard for Offstreet Carparking (AS2890.1) and are to be constructed, drained and marked in accordance with the design and specifications certified by a suitably qualified practicing Engineer and are to be completed prior to the development being occupied and thereafter maintained to the satisfaction of the City.

10. With regard to condition 21 above, the individual dwellings shall be designed

and constructed in accordance with figure 5 BAL Ratings of the Bushfire Management Plan.

11. All toilets, ensuites and kitchen facilities in the development are to be

provided with mechanical ventilation flued to the outside air, in accordance with the requirements of the National Construction Code (Building Code of Australia), the Sewerage (Lighting, Ventilation and Construction) Regulations 1971, Australian Standard S1668.2-1991 “The use of mechanical ventilation for acceptable indoor air quality” and the City of Cockburn Health Local Laws 2000. The City's Health Service further recommends that laundries without external windows and doors should be ventilated to external air and condensating clothes dryers installed.

12. Retaining walls being constructed in accordance with a qualified Structural

Engineer’s design and a building permit being obtained prior to construction. 13. A Demolition Licence is required to be obtained from the City’s Building

Department prior to the commencement of demolition works for the existing basement structures on the subject site.

14. The development shall comply with the noise pollution provisions of the

Environmental Protection Act 1986, and more particularly with the requirements of the Environmental Protection (Noise) Regulations 1997. The design and location of plant equipment and other sources of noise within the development (such as air-conditioners, entry gates and break out noise) will not exceed the assigned noise levels set out in the Environmental Protection (Noise) Regulations 1997 (as amended).

15. Where an approval has so lapsed, no development shall be carried out

without further approval having first being sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

AMENDING MOTION



Moved by: Cr Kevin Allen Seconded by: Mr Rob Nicholson To delete Conditions No. 25 and 8 and replace it with a new Condition 25 so as to read as follows:

“A Dust Management Plan shall be submitted to and approved by the City prior to the submission of a building permit application and all measures identified in the plan are to be implemented during the construction phase to the satisfaction of the City.”

REASON: This is a standard Dust Management Plan condition and should be implemented to mitigate any possible dust nuisance. This provides more clarity and understanding of the requirements of the condition. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Rob Nicholson Seconded by: Cr Kevin Allen To delete Advice Notes No. 8 and No. 7 and renumber all remaining Advice Notes. REASON: Advice Note No. 8 is repeated in Condition No. 18 and Advice Note No. 7 is repeated in Condition No. 17. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Rob Nicholson Seconded by: Cr Stephen Portelli To delete Condition 2 and replace with Advice Note No.9. Renumber remaining Advice Notes and amend the reference to the Australian Standard so as to read as follows:

“The parking bay/s, driveway/s and points of ingress and egress are to be designed in accordance with the Australian Standard for Offstreet Carparking (AS2890) and are to be constructed, drained and marked in accordance with the design and specifications certified by a suitably qualified practicing Engineer and are to be completed prior to the development being occupied and thereafter maintained to the satisfaction of the City.”

REASON: The panel decided Advice Note 9 is better suited as a planning condition which more adequately covers the intent of Condition 2, making it now redundant. The Amending Motion was put and CARRIED UNANIMOUSLY.



PRIMARY MOTION (AS AMENDED) That the Metro South-West JDAP resolves to: Approve DAP Application DAP/16/01101 and accompanying plans A1.02, A1.03, A2.01, A2.02, A2.03, A2.04, A2.05, A2.06, A2.07, A2.08, A2.09, A2.10, A3.01, A3.02, A3.03 & A3.04 in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011, as depicted on plans dated 7 July 2016, subject to the following conditions: Conditions

1. The submission of final material, colour and finish schedule for assessment

and approval by the City prior to the issue of a Building Permit application for new buildings and then implemented to the satisfaction of the City.

2. The parking bay/s, driveway/s and points of ingress and egress are to be

designed in accordance with the Australian Standard for Offstreet Carparking (AS2890) and are to be constructed, drained and marked in accordance with the design and specifications certified by a suitably qualified practicing Engineer and are to be completed prior to the development being occupied and thereafter maintained to the satisfaction of the City.

3. A detailed landscaping plan shall be submitted to and approved by the City,

prior to the issue of a Building Permit Application for new buildings and shall include the following:- a) the location, number, size and species type of existing and proposed

trees and shrubs, including calculations for the landscaping area; b) any lawns to be established; c) any existing landscaped areas to be retained; d) those areas to be reticulated or irrigated; e) details of any common area lighting; and f) details of landscaping within the public open space adjoining the site

to the west with details of the Boardwalk including the type of wood which is to match the existing boardwalk to the north.

4. The landscaping shall be installed in accordance with the approved detailed

landscape plan, and shall be reticulated or irrigated and maintained to the satisfaction of the City.

5. All outdoor lighting shall be installed and maintained in accordance with

Australian Standard AS 4282 - 1997 "Control of the Obtrusive Effects of Outdoor Lighting".

6. All service areas and service related hardware, including antennae, satellite

dishes and air-conditioning units, being suitably located from public view and/or screened from view from adjacent streets and/or the public domain.

7. A Construction Management Plan shall be submitted to and approved by the City prior to issue of a Building Permit application for new buildings detailing management of: a) access to and from the site;



b) the delivery of materials and equipment to the site; c) the storage of materials and equipment on the site; d) the parking arrangements for contractors and subcontractors; e) other matters likely to impact on surrounding properties; and f) management of construction waste.

The Construction Management Plan shall be implemented at all times during the construction phase.

8. No building or construction related activities associated with this approval

causing noise and/or inconvenience to neighbours shall occur between the hours 7.00pm and 7.00am, Monday to Saturday, and shall not occur at all on Sundays or Public Holidays.

9. All stormwater shall be contained and disposed of on-site to the satisfaction of the City.

10. Walls, fences and landscaped areas shall be truncated within 1.5 metres of where they adjoin vehicle access points, where a driveway and/or parking bay meets a public street or limited in height to 0.75 metres to the satisfaction of the City.

11. A further Acoustic Report shall be submitted to and approved by the City, prior to the issue of a Building Permit for new buildings, and implemented thereafter, to the satisfaction of the City.

12. Written confirmation from a recognised acoustic consultant that all recommendations made in the Acoustic Report prepared by Herring Storer Acoustics dated May 2016 have been incorporated into the proposed development, shall be submitted to the City prior to the issue of a Building Permit for new buildings.

13. Prior to occupation of the development, the builder shall provide written confirmation that the requirements of the Acoustic Report referred to in condition 13 have been incorporated into the completed development with the Form BA15 Application for Building Approval – Strata.

14. A notification, pursuant to section 165 of the Planning and Development Act 2005 shall be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification to be included on the deposited plan. The notification to state as follows: “This lot is situated in the vicinity of a transport corridor and is currently affected, or may be affected, by transport noise. Transportation noise controls and Quiet House Design strategies at potential cost to the owner may be required to achieve an acceptable level of noise reduction. Further information is available on request from the relevant local government offices.”

15. Prior to the submission of the Building Permit for new buildings, the Developer is to provide the City with a report from a suitably qualified and experienced specialist acoustic consultant, demonstrating that ground-borne vibration levels have been measured following clearing and compaction of the development site and identifying that the proposed design and construction



methods will ensure that occupants of the development are not exposed to an unacceptable level of vibration.

16. The Building Permit is to be accompanied by a report from a recognised acoustic consultant confirming that all recommendations made in the Vibration Report referred to in condition 16, have been incorporated into the proposed development.

17. The builder shall provide written confirmation that the requirements of the Vibration Report referred to in condition 16 have been incorporated into the completed development with the Form BA7 Completion Form, prior to occupation of the development.

18. Details of the letter boxes and locations shall be submitted to and approved by the City prior to the lodgement of a Building Permit Application for new buildings.

19. Arrangements being made for the proposed public open space to be developed by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods and to the specifications of the local government.

20. The Bushfire Management Plan for Strata Lot 53 (No. 21) & Lot 8004 Ocean Drive and Lot 802 Robb Road, North Coogee dated June 2016 shall be implemented to the satisfaction of the City.

21. A Legal Agreement shall be submitted to the City Prior to the issue of a Building Permit for new Buildings, between the owners of the subject property and the adjoining property at lot 802 Robb Road, North Coogee for the purpose of maintaining appropriate fire separation as per the Bushfire Management Plan for Strata Lot 53 (No. 21) & Lot 8004 Ocean Drive and Lot 802 Robb Road, North Coogee dated June 2016.

22. Prior to the issue of a Building Permit application for new buildings, arrangements being made to the satisfaction of the City for the pro-rata developer contributions towards those items listed in the City of Cockburn Town Planning Scheme No. 3 for Community Infrastructure (DCA 13).

23. The required residential visitor parking bays shown on the approved plans shall be clearly delineated (marked, signed) on-site, available for use within the development free of cost for the bona fide visitors of the occupants of the dwellings the subject of this approval, for the life of the development, and reflected as such on any strata plan as part of the common property of the strata scheme. No by-law pursuant to the Strata Titles Act 1985 shall be made that assigns any exclusive use of the visitor parking bays to any strata lot.

24. A Dust Management Plan shall be submitted to and approved by the City prior to the submission of a building permit application and all measures identified in the plan are to be implemented during the construction phase to the satisfaction of the City.



25. Provisions identified in the Waste Management Plan approved by the City in August 2016, which may include recycling measures and management of commercial and residential waste, are to be implemented and maintained thereafter to the satisfaction of the City.

26. Prior to the issue of a Building Permit for new Buildings, the existing easement in gross over the subject property is to be modified to accommodate the proposed development as required.

27. This decision constitutes planning approval only and is valid for a period of

two (2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

Advice Notes 1. The application has been determined by the JDAP on the basis of the plans

and information provided to the City for assessment.

2. This is a Planning Approval only and does not remove the responsibility of the applicant/owner to comply with all relevant building, health and engineering requirements of the Council, or with any requirements of the City, or the requirements of the City. Prior to the commencement of any works associated with the development, a building permit is required.

3. The development is to comply with the requirements of the National

Construction Code. In this regard, it is recommended the City’s Building Services team should be consulted prior to the commencement of working drawings.

4. All stormwater drainage shall be designed in accordance with Australian

Standard AS3500.

5. With regard to Condition 11 above, the acoustic report shall be prepared by a suitably qualified and recognised acoustic consultant and demonstrate that the design of the development meets the following requirements: (a) the design of the development when assessed against the criteria within

the WAPC State Planning Policy 5.4 entitled “Road and Rail Transport Noise and Freight Considerations in Land Use Planning”, will result in the acceptable indoor noise levels and at least one outdoor living area exposed to noise which meets the criteria for outdoor living areas identified in Table 1 of the Policy;

(b) the design and location of plant and other sources of noise within the development (such as air-conditioners, entry gates and break out noise) will not exceed the assigned noise levels set out in the Environmental Protection (Noise) Regulations 1997 (as amended); and

(c) that indoor noise levels will comply with the requirements of the National Construction Code (Building Code of Australia) with regard to sound transmission between units and floors of the development.

6. With regard to Condition 15 above, the report should demonstrate compliance

with the 1.4 times the base curves identified by Australian Standard 2670.2-



1990 “Evaluation of human exposure to whole-body vibration; Part 2: Continuous and shock induced vibration in buildings (1 to 80 Hz)”, and the requirements of the South Beach Village Noise Management Strategy (including all attachments) as adopted by the Metropolitan Region Scheme Amendment No 1008/33.

7. With regard to condition 20 above, the individual dwellings shall be designed and constructed in accordance with figure 5 BAL Ratings of the Bushfire Management Plan.

8. All toilets, ensuites and kitchen facilities in the development are to be

provided with mechanical ventilation flued to the outside air, in accordance with the requirements of the National Construction Code (Building Code of Australia), the Sewerage (Lighting, Ventilation and Construction) Regulations 1971, Australian Standard S1668.2-1991 “The use of mechanical ventilation for acceptable indoor air quality” and the City of Cockburn Health Local Laws 2000. The City's Health Service further recommends that laundries without external windows and doors should be ventilated to external air and condensating clothes dryers installed.

9. Retaining walls being constructed in accordance with a qualified Structural Engineer’s design and a building permit being obtained prior to construction.

10. A Demolition Licence is required to be obtained from the City’s Building Department prior to the commencement of demolition works for the existing basement structures on the subject site.

11. The development shall comply with the noise pollution provisions of the Environmental Protection Act 1986, and more particularly with the requirements of the Environmental Protection (Noise) Regulations 1997. The design and location of plant equipment and other sources of noise within the development (such as air-conditioners, entry gates and break out noise) will not exceed the assigned noise levels set out in the Environmental Protection (Noise) Regulations 1997 (as amended).

12. Where an approval has so lapsed, no development shall be carried out without further approval having first being sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

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

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

development approval

Nil

10. Appeals to the State Administrative Tribunal

Nil



11. General Business / Meeting Close

The Presiding Member reminded the meeting that in accordance with Standing Order 7.3 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the Presiding Member declared the meeting closed at 11.02a.m.


Form 1 - Responsible Authority Report (Regulation 12)

Property Location: No. 52 (Lot 2) Adelaide Street, Fremantle Application Details: Demolition of existing building and

construction of an eight (8) storey (plus basement) Mixed use development (71 x Multiple Dwellings, 7 x Commercial tenancies)

DAP Name: Metro South-West Joint Development Assessment Panel

Applicant: Taylor Burrell Barnett Owner: Glenwaye Pty Ltd LG Reference: DAP004/16 Responsible Authority: City of Fremantle Authorising Officer: A/Manager Development Approvals Department of Planning File No: DAP/16/01060 Report Date: 31 October 2016 Application Receipt Date: 10 June 2016

14 October 2016 (amended plans) Application Process Days: +90 days (deferral by JDAP) Attachment(s): 1: Development Plans (as amended)

2: Original RAR Officer Recommendation: That the Metropolitan South-West Joint Development Assessment Panel resolves to: REFUSE DAP Application reference DAP/16/01060 and accompanying plans dated 14 October 2016 (Plan reference: SK00; SK01; SK02 (site plan/site section CC); SK03 (Basement Floor Plan); SK04 (Ground Floor Plan); SK05 (First Floor Plan); SK06 (Second, Fourth, Sixth Floor Plan); SK07 (Third and Fifth Floor Plan); SK08 (Seventh Floor Plan); SK09 (Roof Plan); SK10 (East Elevation); SK11 (South Elevation – Westgate Mall); SK12 (West Elevation – Westgate Mall); SK13 (North Elevation); SK14 (Section AA); SK15 (Section BB); SK16 (Westgate Mall Conceptual Plan) in accordance with Clause 10.3.1(b) of the City of Local Planning Scheme No. 4, for the following reasons: 1. The proposal is inappropriate having regard Clause 1.3.2(e) of Schedule 12 of

the City of Fremantle Local Planning Scheme 4 which relates to building height.

2. The proposal would be detrimental to the amenity of the area under clause 67(a), (b), (m), (n), (x) and (y) of the Planning and Development (Local Planning Schemes) Regulations 2015.

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Background: Insert Property Address: No. 52 (Lot 2) Adelaide Street, Fremantle Insert Zoning MRS: Central City TPS: City Centre Insert Use Class: Residential: Multiple Dwelling ‘D’

Commercial: Office ‘P’; Shop ‘P’ Insert Strategy Policy: N/A Insert Development Scheme: City of Fremantle Local Planning Scheme No. 4 Insert Lot Size: 1,492m2 Insert Existing Land Use: Shop (currently vacant) Value of Development: $15,840,000 At its meeting of 19 September 2016 (meeting no. 112), the Metro South-West JDAP considered an application for the demolition of an existing building and construction of an eight (8) storey (plus basement) Mixed use development (72 x Multiple Dwellings, 7 x commercial tenancies) at No. 52 (Lot 2) Adelaide Street, Fremantle (DAP/16/01060), whereby it was resolved as follows:

“That the Metro South-West JDAP resolves to defer DAP Application reference DAP/16/01060 for a period of 6 weeks to allow the applicant to address the following:

1. The first floor level fronting Adelaide Street to be set closer to 4.5 metres above the level of the footpath adjacent to the site in general accordance with clause 1.3.2 (g) of schedule 12 of the City of Fremantle Local Planning Scheme No.4, whilst ensuring that the overall building height does not exceed 26.60m (AHD 30.7m), and

2. The maximum façade height facing Adelaide Street to be no higher than 21.0m (AHD 25.20M) and any portion of building exceeding this maximum façade height facing Adelaide Street to be set back sufficiently from the street façade so as to not be visible from Adelaide Street in general accordance with clause 1.3.2 (e)(i) of schedule 12 of Fremantle Local Planning Scheme No.4

REASON: The amendments sought to the plans were considered to be too significant a change to the proposal and would not satisfy the Newbury ‘but for test’ as a valid condition.”

Subsequent to the above JDAP deferral, on 14 October 2016, the City received amended plans from the applicant, which are contained as Attachment 1 of this report. As part of the applicant’s amended proposal, they have provided the following written response detailing the design changes:

“In response to the JDAP’s decision at its meeting on 19 September as outlined below, please find attached revised plans. The following comment is provided in response to the items raised in the JDAP’s decision: 1. The first floor level has been increased to 4m, which is an increase of 0.2m.

This has resulted in the overall height of the building also increasing by 0.2m, with the overall height now being 26.1m, which is still under the overall height

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of the Johnson Court development. It is not possible to lift the first floor level without lifting the entire height of the building. Due to design constraints, the height of the first floor cannot be increased any further. Our position relating to the height and entrance of the building as detailed in the Development Application report still remains valid.

2. There are two elements addressed under this point: a) relating to the facade height being no greater than 21.0m and; b) the portion of the building exceeding 21m not being visible from Adelaide Street in accordance with the Town Planning Scheme. The plans have been revised to accommodate item b) by reconfiguring the top level apartments and setting the development back from Adelaide Street. This results in one less apartment with there now being a total of 71. With the increase to the ground/ first floor, and the floor to ceiling heights for the remaining levels to floor 6, it is not possible to reduce the Adelaide Street facade height below 23.0m, which is comparable to the sixth floor height under the original Development Application plans. Please note this includes a small wall (0.8m) above the sixth floor to accommodate an outdoor terrace for the seventh floor. To reduce the height to 21.0m or lower an apartment would need to be removed from the sixth floor adjacent to Adelaide Street. This would then result in an apartment being removed from the seventh floor so that the portion of the building above 21.0m was not visible from the street in accordance with point a) above. This scenario would result in another two apartments being removed through further design revisions, which would seriously question the financial viability of the project for the proponent. In addition, such changes to the design at the sixth floor would also compromise the current structural design for the floor above and may not be able to be accommodated without significant overall redesign to the building, which the proponent needs to avoid.

The revised plans are considered a compromise between the discussions held at the JDAP meeting and providing a suitable development outcome for the developer. As outlined above, revisions undertaken to the plans are not able to entirely meet the requirements of the JDAP meeting minutes. However, based on our interpretation of the discussions held at the meeting, the proponent has responded to the issues relating to height whilst still ensuring a development outcome which it can proceed with. As discussed above, the two design requirements under 2) are linked, which means the lower facade height results in the development above needing to be setback a greater distance from the Adelaide Street boundary. Under this scenario, a suitable development outcome cannot be achieved for the proponent. Consequently, we question the intent of these provisions as a collective, as we believe for all intents and purposes the revised plans will still accommodate an appropriate height and suitable facade consistent with the overall objectives of the Town Planning Scheme relating to this locality. We trust the revised plans will meet with Council’s and the JDAP’s support. Should any further information or clarification be required regarding the above or the attached, please do not hesitate to contact the undersigned.”

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