Minutes of the Metro West Joint Development Assessment … DAPs... · Mr Steven Cohen-Jones ......

Meeting No.178 8 January 2018

Ms Megan Adair Presiding Member, Metro West JDAP Page 1

Minutes of the Metro West Joint Development Assessment

Panel Meeting Date and Time: 8 January 2018; 9.30am Meeting Number: MWJDAP/178 Meeting Venue: Town of Mosman Park Cnr Bay View Terrace and Memorial Drive Mosman Park Attendance

DAP Members Ms Megan Adair (Presiding Member) Mr Clayton Higham (Deputy Presiding Member) Mr Lou D’Alessandro (Alternate Specialist Member) Cr Zenda Johnson (Local Government Member, Town of Mosman Park) Cr Andrew Maurice (Local Government Member, Town of Mosman Park) Cr Andres Timmermanis (Local Government Member, Town of Cambridge) Officers in attendance Ms Gabriela Poezyn (Town of Mosman Park) Mr Luke Pickersgill (Town of Mosman Park) Mr Simon Shub (Town of Cambridge) Mr Petar Mrdja (Town of Cambridge) Ms Marlaine Lavery (Town of Cambridge) Mr Frank Strever (Town of Cambridge) Minute Secretary Ms Erika Bekeris (Town of Mosman Park) Applicants and Submitters Mr Paul Kotsoglo (Planning Solutions) Mr Behnam Bordbar (Transcore) Mr Paul Ghantous (Transcore) Mr Kim Short (Project Directors Australia) Mr Steven Cohen-Jones (Project Directors Australia) Mr Andrew Rogerson (St John of God Hospital) Mayor Keri Shannon (Town of Cambridge) Mr Peter Simpson (PTS Town Planning Pty Ltd) Mr Michael Tait (Rocky Bay) Mr Jeff Holloway (Rocky Bay) Mr Brian Millmore Mayor Brett Pollock (Town of Mosman Park) Cr Jenna Ledgerwood (Town of Mosman Park) Cr Paul Shaw (Town of Mosman Park) Mr Edwin Bollig (Bollig Design Group)



Members of the Public / Media There were no members of the public in attendance. Ms Jessica Warriner, Reporter from Western Suburbs Weekly was in attendance (for Items 8.1 and 8.2). Ben Dickinson, Journalist from Post Newspapers Pty Ltd was in attendance (for Item 8.1 only). David Hudleston, Subeditor from Post Newspapers Pty Ltd was in attendance (for Items 8.1 and 8.2). 1. Declaration of Opening

The Presiding Member, Ms Megan Adair, declared the meeting open at 9.35am on 8 January 2018 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 DAP Standing Orders 2017 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 DAP Standing Orders 2017; 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 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

Mr Fred Zuideveld (Specialist Member) Cr Jane Powell (Town of Cambridge)

3. Members on Leave of absence Panel member, Mr Fred Zuideveld has been granted leave of absence by the Director General for the period of 21 December 2017 to 8 January 2018 inclusive.

4. Noting of Minutes

Minutes of the Metro West JDAP meeting No.177 held on 20 December 2017 were noted by DAP members.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.



6. Disclosure of Interests

In accordance with section 2.4.6 of the DAP Code of Conduct 2017, DAP members participated in a site visit for the application at item 8.2 prior to the DAP Meeting.

7. Deputations and Presentations

7.1 Mr Paul Kotsoglo (Planning Solutions) addressed the DAP in support of

the application at Item 8.1. Mr Kotsoglo and Mr Andrew Rogerson (St John of God Hospital) answered questions from the panel.

7.2 Mr Behnam Bordbar (Transcore) addressed the DAP in support of the

application at Item 8.1. Mr Bordbar answered questions from the panel. 7.3 Mr Kim Short (Project Directors Australia) addressed the DAP in support of

the application at Item 8.1. Mr Short answered questions from the panel. 7.4 Mr Steven Cohen-Jones (Project Directors Australia) addressed the DAP

in support of the application at Item 8.1. Mr Cohen-Jones answered questions from the panel.

7.5 Mr Andrew Rogerson (St John of God Hospital) addressed the DAP in

support of the application at Item 8.1. Mr Rogerson answered questions from the panel.

7.6 Mayor Keri Shannon (Town of Cambridge) addressed the DAP against the

application at Item 8.1. 7.7 Mr Petar Mrdja, Mr Simon Shub and Mr Frank Strever (Town of

Cambridge) answered questions from the panel. 7.8 Mr Peter Simpson (PTS Town Planning Pty Ltd) addressed the DAP in

support of the application at Item 8.2. Mr Simpson answered questions from the panel.

7.9 Mr Michael Tait (Rocky Bay) addressed the DAP in support of the

application at Item 8.2. Mr Tait answered questions from the panel. 7.10 Mr Brian Millmore addressed the DAP against the application at Item No.

8.2. 7.11 Cr Jenna Ledgerwood (Town of Mosman Park) addressed the DAP

against the application at Item 8.2.

7.12 Ms Gabriela Poezyn (Town of Mosman Park) answered questions from the panel.



8. Form 1 - Responsible Authority Reports – DAP Applications

8.1 Property Location: Lot 800 (No. 12) Salvado Road, Subiaco Application Details: Proposed Expansion of Existing Hospital Car Park Applicant: JCY Architects and Urban Designers Owner: St John of God Health Care Inc. Responsible authority: Town of Cambridge DAP File No: DAP/17/01242

REPORT RECOMMENDATION Moved by: Cr Andres Timmermanis Seconded by: Nil That the Metro West JDAP resolves to: Refuse DAP Application reference DAP/17/01242 and accompanying plans dated 9 September 2017 (Drawing No. SDA00.02G-2, SDA 02.10F-2, SDA 02.11E-1, SDA 02.21H-1, SDA 02.23G-2, SDA 02.25G-2, SDA 02.27G-1, SDA 02.29G-1, SDA 02.31G-1, SDA 02.33G-1, SDA 03.02H-2 and SDA 04.00A) in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, for the following reasons: Reasons: 1. The proposal does not satisfy Schedule 2, Part 6, Clause 56(2) of the Planning

and Development (Local Planning Schemes) Regulations 2015, as the development conflicts with the principles of orderly and proper planning, as:

a. The intersection of Cambridge Street and Station Street is fundamental to the function of the development and vehicle movement in the area and should the development proceed without suitable arrangements being put in place for the treatment of the intersection through a Local Development Plan, there is potential for traffic safety issues to arise which will have an adverse impact on the traffic network in this area; and

b. The proposed development prejudices the overall development potential of the St John of God Hospital site by not having any approved detailed planning for the site (a Local Development Plan), as required by the Western Australian Planning Commission.

2. The proposal does not satisfy Schedule 2, Part 9, Clause 67(t) of the Planning

and Development (Local Planning Schemes) Regulations 2015 as the development:

a. Provides traffic solutions and vehicle management treatments at the intersection of Cambridge Street and Station Street to address the increase in traffic and vehicle movements which are not supported; and

b. Impacts the movement and safety of pedestrians through the increase in vehicle movements, which are not supported.

3. The proposal does not satisfy Schedule 2, Part 9, Clause 67(v) of the Planning

and Development (Local Planning Schemes) Regulations 2015, as the development proposes the loss of 18 on-street car bays, which are frequently used by the local community and are a benefit to surrounding businesses in the locality;



4. The proposal does not satisfy Schedule 2, Part 9, Clause 67(g) of the Planning and Development (Local Planning Schemes) Regulations 2015, as:

a. The proposed intersection does not satisfy Clause 1.1 'Safety' of Local Planning Policy 4.1 'Design of Non-Residential Development' as the proposed development increases conflict between vehicles, pedestrians and cyclists by proposing a vehicle entry point off Station Street.; and

b. The number of car bays proposed within the development provides for an oversupply of car parking required by the hospital under Local Planning Policy 5.1 'Parking' by a total of 787 car bays.

The Report Recommendation LAPSED for want of a seconder. ALTERNATE MOTION Moved by: Mr Clayton Higham Seconded by: Mr Lou D’Alessandro That the Metro West Joint Development Assessment Panel resolves to: Approve DAP application reference DAP/17/01242 and accompanying plans dated 9 September 2017 (Drawing No. SDA00.02G-2, SDA 02.10F-2, SDA 02.11E-1, SDA 02.21H-1, SDA 02.23G-2, SDA 02.25G-2, SDA 02.27G-1, SDA 02.29G-1, SDA 02.31G-1, SDA 02.33G-1, SDA 03.02H-2 and SDA 04.00A) in accordance with Clause 68 of the Planning and Development (Local Planning schemes) Regulations 2015 subject to the following conditions: Conditions Intersection Modification 1. This approval, while otherwise current and effective as a development approval

from the date of the decision to approve, commences and can only be acted upon from the date that plans are approved by the Town of Cambridge and Main Roads WA for the modifications to the intersections of Cambridge Street and Station Street as well as Salvado Road and Station Street to safely accommodate the additional traffic that will be generated by the use of the car park.

2. The use of the carpark development shall not commence until the intersection

modification has been completed in accordance with the approved plans. The works are to be undertaken at the cost of the property owner.

Compensation for Loss of On-Street Parking Bays 3. The owner of the subject site (No. 12 Salvado Road) shall enter into a legal

agreement with the Town for compensation of $178, 214 per annum for 18 on-street car parking bays in Station Street and Cambridge Street lost as a consequence of the approval of the development. This amount shall be paid in full to the Town prior to the use of the car park commencing.

Vehicle Manoeuvrability 4. All car parking dimensions, manoeuvring areas, ramps to basements, circulation

areas, crossovers and driveways shall be constructed in accordance with Australian Standard AS2890.1 (as amended);



5. The car bays specifically indicated on the approved plans for the use of people with a disability shall be constructed and appropriately marked, in accordance with AS2890.6 - 2009 - Off-street parking for people with disabilities.

Construction Management Plan 6. Prior to the submission of an application for a Building Permit or a Demolition

Permit, or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the Town. The Construction Management Plan must address the following issues, where applicable:

a. Public safety and amenity b. Site plan and security c. contact details of essential site personnel, construction period and

operating hours d. community information, consultation and complaints management Plan; e. noise, vibration, air and dust management f. dilapidation reports of nearby properties; g. traffic, access and parking management; h. waste management and materials re-use; i. earthworks, excavation, land retention/piling methods and associated

matters; j. stormwater and sediment control; k. street tree management and protection; l. asbestos removal management Plan; m. any other matter deemed relevant by the Town.

The construction management plan as approved by the Town must be complied with at all times during the development.

Materials and Finishes 7. The materials and finishes used in the development shall be consistent with the

schedule of materials and finishes submitted to the Town as part of this application, dated 21 June 2017.

Building Design and Landscaping 8. The building shall incorporate the design treatment to the corner of Station Street

and Salvado Road (south-western corner) as shown on the approved plans, to the satisfaction of the Town.

9. Prior to the issue of an occupancy permit, the applicant shall: a. Submit additional information regarding the irrigation of the landscaping

plan dated 21 June 2017, to the Town. The landscaping and irrigated areas as shown on the approved plan shall be installed prior to the issue of an Occupancy Permit, and thereafter maintained to the satisfaction of the Town.

End of Trip Facilities 10. A minimum of 35 lockers and 5 showers shall be provided within the end of trip

facilities for the long-stay bicycle parking spaces contained within the north-west



corner of the development. The lockers shall be of suitable volume and dimensions to allow storage of clothing, towels, cycling helmet and footwear, well ventilated, secure and lockable.

Public Art 11. Prior to the issue of an occupancy permit, in accordance with Local Planning

Policy 5.6 'Percent for Public Art', the applicant shall: a. prepare a Public Art Report for consideration and approval by the Town's

Public Art Committee, prior to the issue of a building permit; and b. Install the approved public art scheme on the subject site, in accordance

with the Local Planning Policy 5.6 'Percent for Public Art'. 12. A cash in lieu of public art contribution to the value of no less than 1% of the

construction value of the development to be paid to the Town prior to the issue of an Occupancy Permit should the Town determine the applicant cannot provide a piece of art on site

Car Park Lighting 13. Lighting shall be provided to pathways and car parking areas within the

development to the satisfaction of the Town. Details shall be provided at Building Permit stage.

Advice Notes 1. The applicant is advised that a development application should be submitted for

any signage that does not satisfy the requirements of Local Planning Policy 5.2 'Advertising Signs'

2. The applicant is advised that the car park is to comply with the Health Act (Carbon monoxide) Regulations 1975.

3. Obtrusive or spill lighting from the development must not cause a 'nuisance' and shall comply with the Town of Cambridge Private Property Local Law 2016 and AS 4282.1997 - 'Control of obtrusive effects of outdoor lighting'.

4. In relation to the landscaping plan and the provision of advanced growth trees,

the applicant is advised that the landscaping shall incorporate Corymbia Ficifolia, as per the Town's Streetscape Plan. The landscaping details are to be provided to satisfaction of the Town prior to the issue of a building permit.

5. An owner or the occupier of land must ensure that artificial light does not create or cause nuisance to the occupier of any other premises or to a person lawfully using the thoroughfare. The applicant and owner are advised to consult the Town's Private Property Local Law 2016 in relation to the specific illuminance permitted on neighbouring properties in particular circumstances.

6. The applicant is advised that in accordance with Section 3.50 of the Local

Government Act 1995, the Town of Cambridge will need to determine whether thoroughfares will be closed to facilitate any intersection modifications.



7. The applicant is advised that in accordance with the Local Government (Uniform Local Provisions) Regulations 1996¸ the Town of Cambridge is the determining authority for crossover applications.

AMENDING MOTION Moved by: Mr Lou D’Alessandro Seconded by: Ms Megan Adair To following amendments were moved en bloc: (i) To delete Condition 1. REASON: The condition is not a valid planning condition as it requires the approval of a third party. (ii) To amend Condition 2 (now Condition 1) to read as follows:

The use of the car park development shall not commence until the applicant or owner enters into a legal agreement to pay the Town of Cambridge a monetary contribution of an agreed percentage between the Applicant and the Town of Cambridge for the cost of upgrading the intersection of Cambridge Street and Station Street, generally as per plan T16.047 SK03 dated 6 November 2017.

REASON: The proposed application does not provide a planning nexus for the complete upgrade of Station/Cambridge Streets by the applicant. The percentage contribution will reflect the increased use of the intersection by the application. (iii) To delete Condition 3 (Compensation for Loss of On-Street Parking Bays) and

renumber the remaining Conditions accordingly. REASON: There is no head of power to require compensation to be paid to the Town therefore this is not a valid planning condition. The Amending Motion was put and CARRIED (3/1). For: Ms Megan Adair Mr Clayton Higham Mr Lou D’Alessandro Against: Cr Andres Timmermanis ALTERNATE MOTION (AS AMENDED) That the Metro West Joint Development Assessment Panel resolves to: Approve DAP application reference DAP/17/01242 and accompanying plans dated 9 September 2017 (Drawing No. SDA00.02G-2, SDA 02.10F-2, SDA 02.11E-1, SDA 02.21H-1, SDA 02.23G-2, SDA 02.25G-2, SDA 02.27G-1, SDA 02.29G-1, SDA 02.31G-1, SDA 02.33G-1, SDA 03.02H-2 and SDA 04.00A) in accordance with Clause 68 of the Planning and Development (Local Planning schemes) Regulations 2015 subject to the following conditions:



Conditions Intersection Modification 1. The use of the car park development shall not commence until the applicant or

owner enters into a legal agreement to pay the Town of Cambridge a monetary contribution of an agreed percentage between the Applicant and the Town of Cambridge for the cost of upgrading the intersection of Cambridge Street and Station Street, generally as per plan T16.047 SK03 dated 6 November 2017.

Vehicle Manoeuvrability 2. All car parking dimensions, manoeuvring areas, ramps to basements, circulation

areas, crossovers and driveways shall be constructed in accordance with Australian Standard AS2890.1 (as amended);

3. The car bays specifically indicated on the approved plans for the use of people

with a disability shall be constructed and appropriately marked, in accordance with AS2890.6 - 2009 - Off-street parking for people with disabilities.

Construction Management Plan 4. Prior to the submission of an application for a Building Permit or a Demolition

Permit, or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the Town. The Construction Management Plan must address the following issues, where applicable:

a. Public safety and amenity b. Site plan and security c. contact details of essential site personnel, construction period and

operating hours d. community information, consultation and complaints management Plan; e. noise, vibration, air and dust management f. dilapidation reports of nearby properties; g. traffic, access and parking management; h. waste management and materials re-use; i. earthworks, excavation, land retention/piling methods and associated

matters; j. stormwater and sediment control; k. street tree management and protection; l. asbestos removal management Plan; m. any other matter deemed relevant by the Town.

The construction management plan as approved by the Town must be complied with at all times during the development. Materials and Finishes 5. The materials and finishes used in the development shall be consistent with the

schedule of materials and finishes submitted to the Town as part of this application, dated 21 June 2017.



Building Design and Landscaping 6. The building shall incorporate the design treatment to the corner of Station Street

and Salvado Road (south-western corner) as shown on the approved plans, to the satisfaction of the Town.

7. Prior to the issue of an occupancy permit, the applicant shall: a. Submit additional information regarding the irrigation of the landscaping

plan dated 21 June 2017, to the Town. The landscaping and irrigated areas as shown on the approved plan shall be installed prior to the issue of an Occupancy Permit, and thereafter maintained to the satisfaction of the Town. End of Trip Facilities 8. A minimum of 35 lockers and 5 showers shall be provided within the end of trip

facilities for the long-stay bicycle parking spaces contained within the north-west corner of the development. The lockers shall be of suitable volume and dimensions to allow storage of clothing, towels, cycling helmet and footwear, well ventilated, secure and lockable.

Public Art 9. Prior to the issue of an occupancy permit, in accordance with Local Planning

Policy 5.6 'Percent for Public Art', the applicant shall: a. prepare a Public Art Report for consideration and approval by the Town's

Public Art Committee, prior to the issue of a building permit; and b. Install the approved public art scheme on the subject site, in accordance

with the Local Planning Policy 5.6 'Percent for Public Art'. 10. A cash in lieu of public art contribution to the value of no less than 1% of the

construction value of the development to be paid to the Town prior to the issue of an Occupancy Permit should the Town determine the applicant cannot provide a piece of art on site

Car Park Lighting 11. Lighting shall be provided to pathways and car parking areas within the

development to the satisfaction of the Town. Details shall be provided at Building Permit stage.

Advice Notes 1. The applicant is advised that a development application should be submitted for

any signage that does not satisfy the requirements of Local Planning Policy 5.2 'Advertising Signs'

2. The applicant is advised that the car park is to comply with the Health Act

(Carbon monoxide) Regulations 1975. 3. Obtrusive or spill lighting from the development must not cause a 'nuisance' and

shall comply with the Town of Cambridge Private Property Local Law 2016 and AS 4282.1997 - 'Control of obtrusive effects of outdoor lighting'.



4. In relation to the landscaping plan and the provision of advanced growth trees,

the applicant is advised that the landscaping shall incorporate Corymbia Ficifolia, as per the Town's Streetscape Plan. The landscaping details are to be provided to satisfaction of the Town prior to the issue of a building permit.

5. An owner or the occupier of land must ensure that artificial light does not create

or cause nuisance to the occupier of any other premises or to a person lawfully using the thoroughfare. The applicant and owner are advised to consult the Town's Private Property Local Law 2016 in relation to the specific illuminance permitted on neighbouring properties in particular circumstances.

6. The applicant is advised that in accordance with Section 3.50 of the Local

Government Act 1995, the Town of Cambridge will need to determine whether thoroughfares will be closed to facilitate any intersection modifications.

7. The applicant is advised that in accordance with the Local Government (Uniform

Local Provisions) Regulations 1996 the Town of Cambridge is the determining authority for crossover applications.

REASON: The Panel believed that the applicant had met the requirements to satisfy the planning outcomes for the expansion of the Carpark and that the alternate recommendation as provided by the Town, and conditions therein, would ensure that all traffic and safety obligations would be met, as required, prior to the implementation. It was also agreed by the Panel that a Local Development Plan (LDP) for this site would be beneficial for future holistic development of the hospital site; however, the requirement for an LDP came well after this application was lodged and was not grounds to refuse this application. The Report Alternate Recommendation (as amended) was put and CARRIED (3/1). For: Ms Megan Adair Mr Clayton Higham Mr Lou D’Alessandro Against: Cr Andres Timmermanis

8.2 Property Location: Lot 591 (No. 60) McCabe Street, Mosman Park Application Details: Demolition of 270m2 of an existing building and

construction of a four storey building Applicant: PTS Town Planning Pty Ltd Owner: Rocky Bay Incorporated Responsible authority: Town of Mosman Park DAP File No: DAP/17/01282

REPORT RECOMMENDATION Moved by: Cr Andrew Maurice Seconded by: Cr Zenda Johnson With the agreement of the mover and seconder, the following amendments were made:



(i) To amend Condition 1 to read as follows:

The application is approved as to the development proposed in the first three levels, and subject to the plans submitted for a building permit being amended to delete the proposed training and function facility on the fourth level.

REASON: To restrict the development to three storeys. (ii) To amend Condition 5 to read as follows:

5.1 Prior to the application of the Building Permit, an acoustics report demonstrating compliance with the Environmental Protection (Noise) Regulations shall be prepared for the new office, new café and new workshop and submitted to the Town for approval.

5.2 Any recommended measures of the acoustics report shall be

incorporated in the building design for each of the buildings and implemented to the satisfaction of the Town of Mosman Park.

REASON: To provide clarity around the condition. (iii) To amend Condition 9 to read as follows:

If the glare from the roof surface of any of the new building is identified to adversely affect the amenity of the adjoining or nearby neighbours within 24 months following completion of the works, the proponent shall treat the roof surface to reduce glare to the satisfaction of the Town.

REASON: To provide a timeframe within the condition. (iv) To amend Condition 10 to read as follows:

A comprehensive plan that outlines the future vision for development of this site shall be developed and submitted to the Town within 24 months of completion of this development.

REASON: To provide a timeframe within the condition. That the Metro West JDAP resolves to:

Approve DAP Application DAP/17/01282 and accompanying plans dated 8 December 2017 as shown in Attachment 2 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the Town of Mosman Park Town Planning Scheme No 2, subject to the following conditions: Conditions 1. Revised Plans

The application is approved as to the development proposed in the first three levels, and subject to the plans submitted for a building permit being amended to delete the proposed training and function facility on the fourth level.



2. Operating Times

2.1 The operating hours of the proposed café shall be limited to be between

6.30am to 7pm seven (7) days per week. 2.2 All deliveries to the site shall occur during the hours of 7am – 7pm

Mondays to Fridays. 2.3 Rubbish removal shall only occur between the hours of 7am – 7pm

daily. 2.4 Washing and detailing of vehicles in the washbay located behind the

new workshop shall be limited to the hours of 7am and 7pm Monday to Fridays.

3. Landscaping

3.1 A landscape plan shall be submitted and approved by the Town prior to

application for Building Permit and shall show, but is not limited to the following:

a) Species and sizes of proposed new plants at time of planting. b) The potential height of the trees being proposed and expected

time period required to reach maturity. c) The proposed irrigation system. d) Materials, colours and textures of all proposed hard landscaping. e) Location and type of outdoor furniture if proposed. f) Landscaping measures to be taken in the area between the new

carpark and the southern boundary to maximize the buffer effect of this area for the adjoining residential properties.

g) All proposed lighting.

3.2 All new landscaping shall be installed in accordance with the approved plan at the cost of the proponent.

3.3 If construction work is proposed to be staged, the implementation of the

landscaping plan shall also be staged to match, so that landscaping is completed as each separate element of this proposal is completed.

3.4 All landscaping shall be maintained on an ongoing basis to the

satisfaction of the Town. 4. Carparking and Access

4.1 A minimum of 253 parking bays shall be available for staff, visitors and

residents on the site. 4.2 Parking bays provided for fleet vehicles shall not be included in the

number of parking bays required under 4.1 above. 4.3 The bicycle facilities shall be designed in accordance with AS2890.3.



4.4 All parking and access areas shall be sealed, drained, paved and line marked in accordance with the approved plans on completion of the development.

4.5 “Staff only” signs shall be erected at the entrance to the new parking

area as car parking in the south-eastern corner of the lot. 4.6 Parking bays shall not be used for any other purpose, such as storage

and the like.

5. Noise




6. Stormwater

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

7. Lighting

All lighting on site shall be contained within the property boundaries of the site. 8. Construction Management Plan

8.1 A Construction Management Plan that details how construction of the development and any ancillary construction necessary for the development will be managed to minimize the impact on the surrounding area, shall be submitted and approved by the Town prior to making application for a Building Permit.

8.2 Construction and management of all construction shall thereafter

comply with the approved Construction Management Plan. 9. Roof Surface

If the glare from the roof surface of any of the new building is identified to adversely affect the amenity of the adjoining or nearby neighbours within 24 months following completion of the works, the proponent shall treat the roof surface to reduce glare to the satisfaction of the Town.

10. Future Development

A comprehensive plan that outlines the future vision for development of this site shall be developed and submitted to the Town within 24 months of completion of this development.



11. Waste Management

11.1 A Waste Management Plan prepared to the satisfaction of the Town shall be submitted and approved prior to commencement of construction.

11.2 Waste Management for the development shall thereafter comply with

the approved Waste Management Plan. 12. Verge Trees No verge trees or trees located in the adjoining public reserve shall be

removed or damaged, including unauthorised pruning, and any tree on public land likely to be affected by the development shall be protected during construction to the satisfaction of the Town in accordance with Council Policy 2.2.7 Street Trees.

13. Heritage

A photographic record of suitable quality to be used for archival purposes of the

interior and exterior of the existing structures that are proposed to be demolished on the site shall be provided by the proponent to the Town to the satisfaction of the Town prior to demolition.

Advice Notes 1. Dilapidation Reports It is recommended that dilapidation reports are undertaken for adjoining

residential properties prior to commencement of construction of the additions to the Administration building.

2. Public Building The new buildings are required to be registered as a public building under the

Health (Public Buildings) Regulations 1992 prior to occupation. 3. Food Premises All relevant approvals required under the Food Act 2008 must be obtained from

the Town’s Health Services prior to commencement of operation, and all food related facilities are required to be registered with the Town of Mosman Park.

4. Construction Noise All construction is to occur in accordance with the Environment Protection

(Noise) Regulations 1997. 5. Nuisance The proponent is required to take all necessary measures to ensure that

nuisance to adjoining properties, from dust or noise (which exceeds the



limitations of the Environmental Protection Act) as a result of enacting this approval, is minimised.

6. Change of Use Should any areas be proposed to be used for purposes other than the

approved uses as shown on Attachment 2, a new Planning Approval must be obtained for the proposed use.

7. Restriction imposed on Title This approval is not an authority to ignore any constraint to development/use

on the land, which may exist through Contract or on Title, such as an easement or Restrictive Covenant. It is the responsibility of the applicant and not the Town to investigate any such constraints before commencing development.

AMENDING MOTION Moved by: Mr Clayton Higham Seconded by: Mr Lou D’Alessandro To delete Condition 1. REASON: The removal of the fourth floor, if intended by this condition, was considered to be a substantial change which could mean that the proposed condition was invalid. It was also considered that the inclusion of the fourth floor did not unduly impact on the amenity of the locality because of the size of the site and the proximity of the nearest residential properties to the proposed development. The Amending Motion was put and LOST (2/3). For: Mr Clayton Higham Mr Lou D’Alessandro Against: Cr Andrew Maurice Cr Zenda Johnson Ms Megan Adair AMENDING MOTION Moved by: Mr Clayton Higham Seconded by: Mr Lou D’Alessandro To delete Condition 9. REASON: The proposed condition lacks certainty and the issue could be dealt with at building licence stage. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Clayton Higham Seconded by: Mr Lou D’Alessandro To delete Condition 10 and renumber the remaining Conditions accordingly.



REASON: The proposed condition does not relate specifically to this proposed development and the matter would be better dealt with outside the development approval process. The Amending Motion was put and CARRIED (3/2). For: Ms Megan Adair Mr Clayton Higham Mr Lou D’Alessandro Against: Cr Andrew Maurice Cr Zenda Johnson AMENDING MOTION Moved by: Ms Megan Adair Seconded by: Mr Clayton Higham To amend Condition 1 to reads as follows:

The application is approved as to the development proposed in the first three levels, and subject to the plans submitted for a building permit being amended to delete the proposed function facility use on the fourth floor.

REASON: The applicant had advised that the fourth floor is required for training purposes however the inclusion of a function facility use is not considered part of the core business of the facility and should not be included. The Amended Motion was put and CARRIED (3/2). For: Ms Megan Adair Mr Clayton Higham Mr Lou D’Alessandro Against: Cr Andrew Maurice Cr Zenda Johnson REPORT RECOMMENDATION (AS AMENDED) That the Metro West JDAP resolves to:

Approve DAP Application DAP/17/01282 and accompanying plans dated 8 December 2017 as shown in Attachment 2 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the Town of Mosman Park Town Planning Scheme No 2, subject to the following conditions: Conditions 1. Revised Plans

The application is approved as to the development proposed in the first three levels, and subject to the plans submitted for a building permit being amended to delete the proposed function facility use on the fourth floor.



2. Operating Times

2.1 The operating hours of the proposed café shall be limited to be between

6.30am to 7pm seven (7) days per week. 2.2 All deliveries to the site shall occur during the hours of 7am – 7pm

Mondays to Fridays. 2.3 Rubbish removal shall only occur between the hours of 7am – 7pm

daily. 2.4 Washing and detailing of vehicles in the washbay located behind the

new workshop shall be limited to the hours of 7am and 7pm Monday to Fridays.

3. Landscaping

3.1 A landscape plan shall be submitted and approved by the Town prior to

application for Building Permit and shall show, but is not limited to the following:

a) Species and sizes of proposed new plants at time of planting. b) The potential height of the trees being proposed and expected

time period required to reach maturity. c) The proposed irrigation system. d) Materials, colours and textures of all proposed hard landscaping. e) Location and type of outdoor furniture if proposed. f) Landscaping measures to be taken in the area between the new

carpark and the southern boundary to maximize the buffer effect of this area for the adjoining residential properties.

g) All proposed lighting.

3.2 All new landscaping shall be installed in accordance with the approved plan at the cost of the proponent.

3.3 If construction work is proposed to be staged, the implementation of the

landscaping plan shall also be staged to match, so that landscaping is completed as each separate element of this proposal is completed.

3.4 All landscaping shall be maintained on an ongoing basis to the

satisfaction of the Town. 4. Carparking and Access

4.1 A minimum of 253 parking bays shall be available for staff, visitors and

residents on the site. 4.2 Parking bays provided for fleet vehicles shall not be included in the

number of parking bays required under 4.1 above. 4.3 The bicycle facilities shall be designed in accordance with AS2890.3.



4.4 All parking and access areas shall be sealed, drained, paved and line marked in accordance with the approved plans on completion of the development.

4.5 “Staff only” signs shall be erected at the entrance to the new parking

area as car parking in the south-eastern corner of the lot. 4.6 Parking bays shall not be used for any other purpose, such as storage

and the like.

5. Noise




6. Stormwater

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

7. Lighting

All lighting on site shall be contained within the property boundaries of the site. 8. Construction Management Plan

8.1 A Construction Management Plan that details how construction of the development and any ancillary construction necessary for the development will be managed to minimize the impact on the surrounding area, shall be submitted and approved by the Town prior to making application for a Building Permit.

8.2 Construction and management of all construction shall thereafter

comply with the approved Construction Management Plan. 9. Waste Management

9.1 A Waste Management Plan prepared to the satisfaction of the Town shall be submitted and approved prior to commencement of construction.

9.2 Waste Management for the development shall thereafter comply with

the approved Waste Management Plan. 10. Verge Trees No verge trees or trees located in the adjoining public reserve shall be

removed or damaged, including unauthorised pruning, and any tree on public



land likely to be affected by the development shall be protected during construction to the satisfaction of the Town in accordance with Council Policy 2.2.7 Street Trees.

11. Heritage

A photographic record of suitable quality to be used for archival purposes of the

interior and exterior of the existing structures that are proposed to be demolished on the site shall be provided by the proponent to the Town to the satisfaction of the Town prior to demolition.

Advice Notes 1. Dilapidation Reports It is recommended that dilapidation reports are undertaken for adjoining

residential properties prior to commencement of construction of the additions to the Administration building.

2. Public Building The new buildings are required to be registered as a public building under the

Health (Public Buildings) Regulations 1992 prior to occupation. 3. Food Premises All relevant approvals required under the Food Act 2008 must be obtained from

the Town’s Health Services prior to commencement of operation, and all food related facilities are required to be registered with the Town of Mosman Park.

4. Construction Noise All construction is to occur in accordance with the Environment Protection

(Noise) Regulations 1997. 5. Nuisance The proponent is required to take all necessary measures to ensure that

nuisance to adjoining properties, from dust or noise (which exceeds the limitations of the Environmental Protection Act) as a result of enacting this approval, is minimised.

6. Change of Use Should any areas be proposed to be used for purposes other than the

approved uses as shown on Attachment 2, a new Planning Approval must be obtained for the proposed use.

7. Restriction imposed on Title

This approval is not an authority to ignore any constraint to development/use on the land, which may exist through Contract or on Title, such as an easement or Restrictive Covenant. It is the responsibility of the applicant and



not the Town to investigate any such constraints before commencing development.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motions. The Report Recommendation (as amended) was put and CARRIED (3/2). For: Ms Megan Adair Mr Clayton Higham Mr Lou D’Alessandro Against: Cr Andrew Maurice Cr Zenda Johnson

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

development approval

Nil 10. Appeals to the State Administrative Tribunal

The Presiding Member noted that the following State Administrative Tribunal Application has been received:

City of Vincent – Lot 41 (125-127) Richmond Street, Leederville – Proposed Sixteen (16) Unit Multiple Dwelling Development and Demolition of Existing House – Amendment to Conditions of Approval relating to tree placement and landscaping.

11. General Business / Meeting Close

The Presiding Member reminded the meeting that in accordance with Section 7.3 of DAP Standing Order 2017 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 12.25pm.

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