2.2 albion draft district structure plan …€¦ · the draft albion district structure plan dated...

Ordinary Meeting of Council 4 February 2009

2.2 ALBION DRAFT DISTRICT STRUCTURE PLAN - CONSIDERATION OF PUBLIC SUBMISSIONS

(Swan Valley) (Community Planning)

KEY ISSUES

• The purpose of a District Structure Plan is to guide the orderly pattern of land use and provide a reporting framework for subsequent local structure plans and subdivision approvals to implement.

• A draft Albion District Structure Plan dated August 2008 has been received which proposes the development of a 504ha site in Henley Brook, east of Whiteman Park and south of Park Street. The land is appropriately zoned for urban development in the Metropolitan Region Scheme (MRS) and the City’s Local Planning Scheme 17 (LPS17).

• The draft Plan proposes the development of approximately 5,500 residential lots, a large neighbourhood commercial centre, three local centres, a kindergarten to year 12 educational precinct, two primary schools, two community purpose facilities, a variety of public open spaces and a regionally connected transport system.

• A copy of the draft District Structure Plan (with appendices) was provided to all Elected Members on 20 August 2008.

• The draft Albion District Structure Plan was advertised from 25 August to 13 October 2008. A total of 60 submissions were received (42 land owner and 18 agency) with objections broadly relating to traffic, impact upon the amenity of neighbouring rural residences, drainage, availability of groundwater and the resolution of servicing. A third of submissions were non-objections.

• The proponents have agreed to make modifications to the advertised draft District Structure Plan, in response to submissions received. These are listed in “Modifications to DSP as a response to the City of Swan, agency and public submissions”, a copy of which forms Attachment One to this item. The proposed changes do not fundamentally change the draft Plan; they are required to provide clarification for subsequent planning stages.

• The City is firmly of the view that there should be no subdivision of land within the area of the Albion District Structure Plan until:

o A Local Structure Plan covering the land to be subdivided: and

o A Development Contribution Plan dealing with contributions to the costs of shared infrastructure works;

have been finalised to the satisfaction of the City.

• Therefore it is not intended that the City’s approval of the Albion District Structure Plan will lead to the approval of subdivisions within the Structure


Planning Area prior to the finalisation, to the satisfaction of the City, of a relevant Local Structure Plan and a related Development Contribution Plan.

Subject to the proposed modifications contained in Attachment 1 being made, to the satisfaction of the Chief Executive Officer, it is recommended that Council adopt the draft Albion District Structure Plan and confirm the modified draft be sent to the Western Australian Planning Commission for endorsement.

AUTHORITY/DISCRETION

The area subject of the proposal is zoned "Special Use" under Local Planning Scheme No.17 (LPS17) and therefore is a “Structure Planning Area” under clause 5A.1.1 of the Scheme. Clause 5A.1.4.1 of the Scheme requires approval of a structure plan prior to subdivision or development within a Structure Planning Area. Council resolution is required for approval of a structure plan.

Clause 5A1.9.1 of the Scheme requires the local government within sixty (60) days of the latest date specified in the notice or advertisement for the making of submission to make a determination on the proposed structure plan. In making a determination, the local government is to consider all submissions received and have due regard to the comments and advice received from the Western Australian Planning Commission (WAPC).

Clause 5A1.9.4 stipulates that if the local government has not made a determination within the period, or such further time as may be agreed in writing between the applicant and the local government, the local government is deemed to have refused to adopt the proposed structure plan. In this instance, the applicant has agreed to extend the determination date to 9 February 2009.

BACKGROUND

Applicant: Chappell Lambert Everett (Directors Peter Chappell, Tony Lambert and Ian Everett)

Owner: Brookfield Multiplex Development Aust Pty Ltd (Director Anthony Rowbottom, George Kostas and Robert John Rayner) Department of Housing and Works, Land and Housing Development (Acting Director Attila Mencshleyi)

Zoning: TPS - Special Use MRS - Urban Strategy/Policy: Swan Sub-regional Structure Plan (DPI)

Liveable Neighbourhoods (WAPC) Swan District Water Management Plan (DoW) WAPC SPP 2.2 Gnangara Groundwater Protection WAPC SPP 3 Urban Growth and Settlement WAPC draft SPP 3.6 Development Contributions for Infrastructure WAPC draft SPP for Road and Rail Transport Noise WAPC Development Control (DC) Policy 1.5 Bicycle


Planning WAPC DC Policy 1.6 Planning to Support Transit Use and Transit Oriented Development WAPC DC Policy 2.3 Public Open Space in Residential Areas WAPC DC Policy 2.4 School Sites City of Swan Commercial Centres Strategy POL-C-083 City of Swan Urban Growth Planning Policy POL-C-102 City of Swan Neighbourhood Planning Policy POL-C-103 City of Swan Environmental Planning Policy POL-C-104 City of Swan Community and Economic Development Planning Policy POL-C-105 City of Swan Public Open Space - Residential Areas POL-C-112

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Predominately agricultural land uses.

Former Caversham RAAF Air Base Lot Size: N/A Area: 504ha (wrongly stated in draft Plan as 570ha) Use Class: Proposed residential

DETAILS OF THE PROPOSAL

The draft Albion District Structure Plan dated August 2008 guides land use and development patterns and provides a reporting framework for future local structure plans to establish zoning and residential density coding and subdivision applications to implement. It envisages the development of:

• approximately 5,500 residential lots (with a population of 14,000), with higher densities along the “Activity Corridor” of Partridge Street and within the proposed Large Neighbourhood Commercial Centre;

• a Large Neighbourhood Commercial Centre and three Local Centres;

• Kindergarten – Year 12 (K-12) educational precinct and two primary schools;

• a district community purpose facility in the proposed Large Neighbourhood Commercial Centre and a neighbourhood community purpose facility in the north-east Local Centre (LSP3);

• retention of two wetlands, St Leonards Creek and a Possible Threatened Ecological Community (TEC) area;

• a variety of public open spaces types, and;

• a regionally connected transport system.

DESCRIPTION OF SITE

The 504ha site is situated in Henley Brook, east of Whiteman Park, south of Park Street and north of Bush Forever Site 200, which divides Albion from the West Swan


East development cell. The future Henley Brook Avenue forms the eastern boundary of the structure plan area.

The site topography in the north and north east corner generally consists of sand dunes on elongated east-west alignments up to 500m wide, with the remainder of the site typically flat palusplain and sumplands. Several natural drainage lines and excavated drains traverse the land, forming three surface water catchments; Horse Swamp, St Leonards Creek and Wandoo Creek. Horse Swamp catchment drains to the west through Whiteman Park to the Bennett Brook, whereas St Leonards Creek and Wandoo Creek drain to the east and discharge into the Swan River.

The land has been predominately cleared for grazing of cattle and horses. Notable features include a former poultry farm on Lot 350 Park Street, remnant bushland on Lot 350 Park Street, Lot 345 Woolcott Avenue and Lot 353 Murray Street, multiple wetlands and St Leonards Creek. The southern area includes gravel runways and buildings from the de-commissioned RAAF Caversham Air Base, which has been used for grazing. It has also been used by the Vintage Sports Car Club of WA for club meets. The Parmelia and Dampier to Bunbury Natural Gas Pipelines bisects the site in a north-south alignment.

The site constitutes the most northern development cell of the Swan Urban Growth Corridor. It contains 26 lots owned by 12 landholders and encompasses the area zoned "Special Use - Albion". Portions of the following lots are outside the proposed Structure Plan's boundaries:

• land identified for the future Henley Brook Avenue (zoned MRS "Other Regional Road") is contained within Lot 9000 Park Street, Lots 352-355 Murray Street and Lot 10 Woolcott Avenue.

• a small portion of Lot 352 Murray Street and Lot 10 Woolcott Avenue is divided by the above mentioned road reserve and the eastern area is zoned "Rural Residential - Swan Valley Area C", and;

• approximately 2 hectares of Lots 308, 309, 348, 349, 350 and 9000 Park Street is zoned MRS "Rural" along the length of streetscape to provide some transition between Albion and rural residences to the north.

SITE HISTORY/PREVIOUS APPROVALS

Planning for the site has been ongoing since the subject site was identified for urban development in the North East Corridor Structure Plan (March 1994). However, no previous approvals for large scale urban development have been issued.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

The relevant Council decision under the current Local Planning Scheme 17 is below:

2 July 2008: Council resolved to advertise the draft Albion District Structure Plan for a period of 42 days.


Council has also resolved to advertise two Local Context Plans for the Lots 349, 350 and 9000 Park Street (north eastern corner of Albion). The assessing officer for these plans has indicated that significant liaison with those applicants is required and it is likely changes will be needed. These plans have not yet been adopted and therefore they do not prejudice Council’s consideration of the draft Albion District Structure Plan. Adoption of a District Structure Plan for the Albion area is likely to assist the assessment of the Local Context Plans.

APPLICANT'S SUBMISSION

Pursuant to the provisions of Clause 5A and Schedule 4 ‘Special Use - Albion’ of Local Planning Scheme No.17, the draft Albion District Structure Plan has been submitted by the two largest landholders, who own approximately 65% of the area. Technical reports were prepared in support of the application to address aspects of the development requiring coordination at the district level. These include:

• Local Water Management Strategy (Appendix Three in the August 2008 document);

• Bushland Management Plans - Possible Threatened Ecological Community (Appendix Four in the August 2008 document);

• Bushland Management Plans - Bush Forever Site (Appendix Five in the August 2008 document);

• Acoustic Assessment Report (Appendix Six in the August 2008 document);

• Traffic and Access Report (Appendix Seven “a” Seven “b” in the August 2008 document);

• Commercial Centre Strategy (Appendix Eight in the August 2008 document), and;

• Albion District Community and Economic Development Plan Report (Appendix Ten in the August 2008 document).

The applicants have communicated prior to submission, with the ten other landholders in the Albion DSP area who make up the other 35% of the Albion area. This is consistent with the guidance provided in the City’s Urban Growth Policy. As the City has also taken an active role to coordinate all landowners, during the consultation and assessment period, all landowners have had the opportunity for views to be aired and considered.

PUBLIC CONSULTATION

Detailed comments on the draft Plan are in the Schedule of Submissions (Attachment Three) with the main objections discussed in the “Report” section of this item. A total of 42 public submissions were received at the close of advertising on 13 October 2008 with 25 objections and 17 non-objections. The main issues raised broadly related to:


• the need for a transitional area and noise management measures proposed along Henley Brook Avenue to protect the semi-rural amenity of existing Swan Valley residents;

• the need for traffic controls to alleviate traffic build-up in Swan Valley and Lord Street;

• concern regarding the impact on water quality and availability of groundwater to surrounding areas;

• claims that the location of servicing infrastructure necessary for urban development was not resolved in the advertised plan, and;

• the total amount of POS provided is likely to be over estimated.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Detailed comments on the draft Plan are in the Schedule of Submissions (Attachment Three) with the main objections discussed in the “Report” section of this item. Significant consultation has occurred with government agencies and service providers resulting in a total of 18 agency submissions. Since the consultation period, officers have been able to progress major issues to the satisfaction of the agencies and the applicant. In some instances, agencies had been seeking levels of detail more appropriate for the local structure plan and subdivision stages. A summary of issues raised is listed below.

Department of Planning and Infrastructure: Environment and Sustainability Directorate (DPI Bush Forever): No objection.

Department of Planning and Infrastructure (DPI) Urban Growth Management Program: No objection.

Department of Water (DoW): The Local Water Management Strategy (LWMS) submitted as Appendix Three to the draft Plan did not adhere the new DoW “Better Urban Water Management” planning framework and the Swan Urban Growth Corridor Drainage and Water Management Plan (DWMP). Further discussions have occurred with the applicant, the City, Swan River Trust and DoW. Modifications to the LWMS (detailed in Attachment One of this item) are proposed to ensure it is consistent with these two documents. Both agencies are satisfied with these proposed modifications.

Western Power: Advised that the proposed substation located on Lot 95 (WAPC landholding) was not technically feasible. The applicant has provided alternative sites, in consultation with affected landowners. The agency supports these alternative sites.

Water Corporation: The location of the pump station is indicated on Lot 309 Park Street in the draft Plan. Water Corporation advised Lot 347 Woollcott Ave is their preferred site. The affected land owner does not want the pump station located on their lot and therefore the applicant has left pump station as proposed for Lot 309 Park St. This has been explained to Water Corporation who are satisfied as more technical information to finalise a location will be available at the next planning stage (local structure plan).

Main Roads WA: No objection.


West Net Energy: No objection.

Department of Environment & Conservation – Wetlands Branch: No objection.

Department of Environment & Conservation – Land Use Planning: No objection.

Department of Environment & Conservation – Contaminated Sites Branch: No objection.

Department of Education and Training: No objection.

Department of Indigenous Affairs: No objection.

Department of Health: No objection.

Department of Defence: No objection.

Telstra: No objection.

Public Transport Authority: No objection.

Swan River Trust: The Trust reinforced the comments of the Department of Water advising that the Local Water Management Strategy (LWMS) submitted as Appendix Three to the draft Plan did not adhere the new DoW “Better Urban Water Management” planning framework and the Swan Urban Growth Corridor Drainage and Water Management Plan (DWMP). Further discussions have occurred with the applicant, the City, Swan River Trust and DoW. Modifications to the LWMS (detailed in Attachment One of this item) are proposed to ensure it is consistent with these two documents. Both agencies are satisfied with these proposed modifications.

REPORT

Land use pattern

The general pattern of land use in the advertised draft District Structure Plan promotes a cohesive community and provides adequate and accessible open space, educational precincts and retail and employment opportunities. Detailed issues are discussed in headings below. The draft District Structure Plan is consistent with proper and orderly planning principles and will form a robust guiding document for further detailed planning stages. Issues which arose during consultation and assessment are detailed below.

Density

The estimated 24 dwelling units per site hectare (du/ha) for the entire Structure Plan Area meets the minimum 22du/ha target in Liveable Neighbourhoods, the Swan Sub-regional Structure Plan and the City’s Neighbourhood Planning Policy. The indicative layout of residential densities of the draft Plan intensifies residences around the town centre and the public transport corridor on Partridge Street to capitalise on walkable catchments. This is consistent with the density advice provided by PTA and DPI to support high frequency bus services and ultimately, a train station at Youle-Dean Road.


Principles for housing also mention that larger lots should apply along the interface with Park Street. A buffer to Park Street was set aside when the Albion area was rezoned to Urban. There is a strip of land along the south side of Park Street which is not part of the Structure Planning Area. Landowners of the lots abutting the south side of Park Street will need to resolve future lot sizes and uses separately, but with regard for the reason this area was left in the Rural zone. The State Administrative Tribunal (SAT) is in receipt of an application for review relating to Lots 349, 350 and 9000 Park Street (affected by the rural zone).

Additional text has been proposed to refer to the need for lower densities towards the adjacent Swan Valley, east of Henley Brook Ave. This is to be defined in more detail in the relevant local structure plans where zoning, residential density coding and street lot layout are detailed.

Public Transport

One issue of concern raised in the submissions received was for the need to ensure public transport to this area. Public transport is particularly important for encouraging links to employment centres, health care and schools. The frequency of services is also important as it assists to make public transport a convenient option for commuters.

It is important for applicants to incorporate provision for public transport in their planning, and this has been done in the draft Albion District Structure Plan. The provision of public transport services is, however, a State Government role.

The Public Transport Authority have planned bus routes along the Activity Corridor and have advised a minimum density of R40 should be provided on the corridor to support a frequent bus service. Densities are not detailed until the Local Structure Plan stage, however the draft Plan includes an Indicative Residential Densities Plan which shows densities of R40 density as a minimum along the Activity Corridor.

Advice from PTA also indicates they are doing a feasibility study into the proposed train line to Ellenbrook. The model being examined would be similar to those used in Joondalup and Mandurah which have 4-5km station spacings and a large catchment base. The Department of Planning and Infrastructure have advised development within 800m of any future rail stations should be staged later in the development so as to ensure maximum use is made of those sites. To respond to this, the applicant has included additional text for Section 5.3 of the draft Plan that as additional information becomes available from PTA it is to be considered with the local structure plans.

Centres

The District Structure Plan proposes three Local Centres and a Large Neighbourhood Commercial Centre with a retail net leasable area (NLA) of up to 10,000sqm beyond 2016; the equivalent of a District Centre as per WAPC SPP 4.2 Metropolitan Centres Policy. This exceeds what is envisaged in the City’s Commercial Centres Strategy. However, City officers support the centre classification, distribution and proposed method of implementation as it maintains flexibility early in the planning process and has been justified by more recent retail modelling. The adopted principle of mixed-use residential in the Large Neighbourhood Commercial Centre is supported. Local structure plans will have to outline additional permissible uses within the commercial zoning, in consultation with the City and DPI.


School sites

The general location of school sites is supported by the City and the Department of Education and Training. The number of schools proposed and the adopted principle of co-locating active open spaces complies with WAPC Development Control (DC) Policy 2.4 School Sites and Sub-Regional Structure Plan. The City supports the co-location of local active open spaces subject to further design work and detailed site investigation outcomes.

The City considered a land owner's submission to relocate the north-west primary school and active open space to Lots 309 and 310. The indicative location on Lot 347 affords a more equitable distribution of open spaces in the District Structure Plan and retains good linkages to the activity corridor. DPI have advised that this school should remain set back from the Activity Corridor to enable residential densities to be clustered along the public transport route. Given that both DPI and DET support the existing site, no change is recommended.

Public Open Space (POS)

Provision

The distribution of public open space as depicted in the District Structure Plan is supported by the City, with a range of open space types being provided to meet the recreational and social needs of the community. The total public open space is 63.36ha (approximately 16.03% of the 395.30ha gross subdivisible area). The POS schedule which was include in the draft Plan has been revised, at the City’s request, to propose a maximum of 41.03ha of this land being given credit (10.38% of gross subdivisible area).

Through the Development Contribution Plan (DCP) the City is seeking a contribution towards the 15ha District Open Space site in West Swan East. Section Seven of the draft Plan is proposed to be modified to clarify that equitable provision of district open space will be managed through the DCP and that the function of POS for active uses must be demonstrated through detailed landscape design at local structure plan stage.

Asset implications

The common issue which arises for Council with POS in new urban areas is the long term maintenance costs for what ultimately becomes a City asset. Two major components are the standard of embellishment, which the City controls through development approvals, and the maintenance costs.

The Council has adopted an interim policy, POL-C-112 “Public Open Space Residential Areas” which requires maintenance periods to be 5 years. The policy allows the period of time to be reduced in exceptional circumstances. The indicative maintenance costs for proposed Albion public open spaces are low compared to recent developments such as Aveley. Section Seven of the draft Plan is proposed to be modified to ensure standards of embellishment will relate directly to an open space’s importance and function.


Parmelia and Dampier to Bunbury natural gas pipelines

There is a significant portion of land in Albion which is bisected by two major gas pipelines. The land is currently encumbered by easements to allow the pipeline operators access for maintenance of the pipelines. Several submissions were received from land owners who are currently burdened with these easements. These land owners wish for the areas affected by the gas pipeline to be included as part of the required public open space for the estate.

On face value the notion of a linear corridor of public open space could be a valuable contribution to the future Albion community. With proper urban design to address personal safety issues, such an area could be well used by pedestrians, runners and cyclists. This type of POS exists and is well used in Ellenbrook (Forest View Park). However, on detailed examination of the distribution/balance of POS, management implications and vesting issues, City officers have determined that POS on land affected by the gas pipeline (easement and buffer) would not be a sustainable option for Council to pursue.

The advertised version of the draft District Structure Plan included four management options, three of them private and one as public open space vested with the City. Consultation involved significant agency liaison through meetings and advice from the respective agencies and parties involved. Part of the assessment process also involved the assessment of the POS strategy provided with the draft Plan. Further discussion on POS can be found in the section titled “Public Open Space” above.

Distribution/balance of Public Open Space

There is sufficient POS within the Structure Planning Area which is well distributed both in location and type (active, passive and natural). Considering that public open space of greater utility to the community has been indicated elsewhere, without encumbrances, the City should have no interest in accepting gas pipeline easements (or buffer areas) as public open space.

Management implications

Having considered the land use options proposed, City officers advised affected landholders, pipeline operators and DPI that it is not prepared to accept vesting of land affected by the gas pipeline easements or buffers for public open space (POS). Whilst the Planning Bulletin mentions the possibility of using the area as POS, the significant restrictions to installing structures (even as simple as park benches and dual use paths) limit what the City could undertake on the land thereby reducing potential for POS function and in turn, the potential community benefit.

Written confirmation has been received from both pipeline custodians (APA Group and West Net Energy) that infrastructure such as footpaths will not be permitted. Excerpts below:

“APA will not agree to dual use paths or paths of any description running parallel on the easement or on the same alignment of the Parmelia Pipeline” (APA Group).

“No water reticulation, park equipment, trees, shrubs, cycle network or footpaths to be installed over the corridor” (West Net Energy).


The land owner has stated that an annual “blanket approval” can be obtained for works in the corridor. City officer discussions with DPI – State Land Services indicate that this is incorrect; no such approval for physical works is available.

Affected land owners (not the applicant) and the Parmelia pipeline operator APA Group have asked the City to reconsider this position. Land owners propose a “sinking fund” for affected developers to contribute to future reinstatement costs associated with pipeline works and request a POS credit of 50% credit over the gas pipeline corridor. . While it is understandable that some developers may prefer the City to take on the vesting and future management of the corridor, there are no real benefits to the City or community in doing so.

Vesting issues

There is the additional concern that during the vesting process any current easement would need to be lifted and a new easement put in place. There is no guarantee that the width or conditions of the easement would not change and become more onerous. This level of risk is not acceptable to the City.

Local Structure Plans

A submission was also received from a land owner (not the applicant) to require the Quantitative Risk Assessment (QRA) which they have prepared to be included in the draft Plan. Local Planning Scheme 10 (LPS17) requires the submission of a QRA and notes for a District Structure Plan, setback distances as per WAPC Planning Bulletin 87 for Gas Pipelines are sufficient.

The district structure plan proposes setback distances consistent with the generic distances prescribed in the Planning Bulletin. City officers cannot reasonably require the applicant to alter their draft Plan to include a QRA when they have already complied with the requirements of LPS17.

The land owner who submitted this request has lodged an Application for Review with the State Administrative Tribunal (SAT) to have their own Local Structure Plan advertised by the City. Their plan features a POS area which is not affected by the gas pipelines, but sits between the two pipelines. It must be noted that the land between the two pipelines is developable land and the Local Structure Plan can investigate a use for this area. As acknowledged in Note 3 of the POS Strategy in the draft District Structure Plan, the configuration of Neighbourhood Parks will be determined at Local Structure Plan stage, as this dependant on detailed lot design. Assessment of Neighbourhood Parks will need to be cognisant of the distribution of other POS, provide a reasonable catchment of users and be of sufficient size to be economical to maintain.

The position not to accept POS encumbered by the gas pipelines (including easement and buffers) remains.

Possible Threatened Ecological Community (TEC)

Submissions were received from the affected land owner and the Department of Environment and Conservation relating to the Possible Threatened Ecological Community.

Clarification has been provided by the Department that this area is not a TEC. They have also reiterated that the area still provides an important ecological linkage with


the creek, contains vegetation worthy of protection and could be greatly improved by management measures including access and weed control.

City staff does not recommend the removal of this area from the public open space network as disturbed areas can be used for passive recreation, provide amenity and educational values whilst maintaining an ecological link with the St Leonard’s Creek.

Water & drainage

Appendix Three of the draft Plan is the Local Water Management Strategy, which the applicant was required to provide with the draft District Structure Plan. This is the overall guidance document to inform the Urban Water Management Plans which will accompany each local structure plan.

The LWMS includes a post-development concept design, based on Water Sensitive Urban Design principles. This includes infiltration of storm water where possible and the incorporation of surface water flow paths in swales within multiple use corridors. To retain existing groundwater levels and reduce the risk of disturbing Acid Sulphate Soils, fill (ranging from 0.7-1.2m) is proposed, rather than excavation. This is the same approach as taken in nearby Aveley.

Since the applicant lodged this documentation, two new Department of Water documents have been released. The new documents are Department of Water's Drainage & Water Management Plan (for the Swan Urban Growth Corridor) and the Better Urban Water Management framework. This has resulted in minor modifications being required to ensure terminology used is consistent.

The Department of Water and the Swan River Trust lodged comments on the LWMS initially objecting to the proposal. City officers have had discussions with the agencies and the applicant. Several modifications have been proposed by the applicant to meet the agency concerns. These include notations that local structure plans will need to use nutrient reduction targets as established by the Swan River Trust and post development monitoring will be required for five years.

In essence, the modifications do not change the intent of the LWMS, they provide clarity to inform later planning stages and how those later stages will adhere to the new Better Urban Water Management framework.

The Department of Water (DoW) and City officers have discussed the LWMS following the submission period and are now satisfied with the modifications proposed in the schedule of modifications.

Traffic & Noise

Several submissions from land owners located east of Albion raised concerns with intersections to Henley Brook Ave. It is important to remember that this road is outside the Albion proposal and there will be a separate design process for it. This will involve community consultation, especially with those parties affected by intersections. In response to submissions, the proponent has proposed to show the indicative connection of existing roads within the Structure Planning Area with Henley Brook Avenue.

The Albion District Structure Plan Road Network Plan (Plan 2142-61 included as Attachment Two to this item) Appendix 7a of the draft District Structure Plan will also be updated to remove the Partridge (north) St connection to Lord St. Once the Perth-


Darwin Highway is constructed, the only connection to remain will be Youle-Dean Road.

Several submissions raised the issue of noise from Henley Brook Ave. Noise is a consideration also for the Perth Darwin National Highway and the future rail corridor. It is difficult to address noise issues at this level as each infrastructure project will require design before noise impacts can be determined.

The applicant has included an acoustic assessment and proposed amelioration model to guide local structure plans to develop more detailed strategies for the Highway and rail corridor. Options for land within the Albion area will require further analysis as the street block layout is refined at local structure plan stage.

The noise impacts on land outside the Albion area from Henley Brook Avenue will be considered by the City of Swan and DPI during the road design and these impacts will be partially funded through the Development Contribution Plan for the Urban Growth Corridor.

Servicing infrastructure

Figure 12 of the draft Plan is a proposed Servicing Strategy, which formed the basis of discussions between affected land owners and the relevant government agencies. The location of key infrastructure related to servicing needs, such as sewer pump stations and power substations and major electricity transmission lines are included in the Servicing Strategy.

Water Corporation has advised Lot 347 Woollcott Ave is their preferred site for the pump station. The affected land owner does not want the pump station located on their lot and therefore the applicant has left pump station as proposed for Lot 309 Park St. This has been explained to Water Corporation who is satisfied, as more technical information to finalise a location will be available at the next planning stage (local structure plan).

Western Power advised that the proposed substation located on Lot 95 (WAPC landholding) was not technically feasible. The applicant has provided alternative sites, in consultation with affected landowners. The agency supports these alternative sites.

Another option being explored with the Whiteman Park Board is the inclusion of a north-south 132Kv power transmission line alignment west of the Perth-Darwin Highway in Whiteman Park. This option would be preferable as it reduces potential land use conflicts within the Albion area. If this option is not permitted, the alternative site in the Albion area is acceptable.

Community & Economic Development Plan

The Community and Economic Development Plan (CEDP) is a document which will evolve as the level of planning becomes more detailed. The CEDP identifies the need for a 5,000sqm multi-purpose community facility in the town centre and a 3,000-4,000sqm facility in the north east local centre. This is consistent with the endorsed Swan sub-regional Structure Plan and the draft Development Contribution Plan (DCP).

Employment opportunities will also evolve as the Albion community grows. Initially links to other employment centres, such as Midland, Malaga and Ellenbrook will be most important. Business viability within the Albion area will grow with the residential


population. Ultimately, 21% of employment is envisaged within the Urban Growth Corridor and overall 60% of employment within the eastern sector of Perth.

European heritage

An objection was received on the basis that the heritage significance of the former Caversham Air Base was not recognised. There are no European heritage sites included in the State or Local Heritage Registers: the Air Base is not a recognised heritage place.

Development contributions

Albion is identified as a Development Contribution Area under Schedule 13 of the Scheme. Clause 5A.1.6.1(f)(x) requires the DSP report to address the proposed method of implementation including any cost sharing arrangements and details of any staging of subdivision and development.

The applicant states that the method of contribution will be via a Development Contribution Plan (DCP) to ensure equitable distributions of costs amongst landowners. The City is preparing the DCP for the Swan Urban Growth Corridor with input from developers. Items for contributions have been detailed and catchments have been drafted and circulated to Albion landowners. A draft legal agreement is also being prepared.

Whilst work on the DCP is underway, it is not yet complete. The City therefore needs to ensure that landowners fully understand that they will be required to make fair and equitable contributions to shared infrastructure works and expenses.

Local Structure Plan

Schedule 4, No.10 – Special Use Zones - Condition 6.1 of Local Planning Scheme No. 17 requires subdivision of land to be in accordance with an approved Local Structure Plan.

Therefore it is not intended that the City’s approval of the Albion District Structure Plan will lead to the approval of subdivisions within the Structure Planning Area prior to the finalisation, to the satisfaction of the City, of a relevant Local Structure Plan.

OPTIONS AND IMPLICATIONS

Local Planning Scheme No.17 Clause 5A.1.9.1 provides the following options (note all options may be appealed):

Option 1: Council adopt the draft District Structure Plan.

Implications: The Albion District Structure Plan (August 2008) would be adopted as advertised. This is not recommended as it forgoes Council's ability to impose changes prior to forwarding to the WAPC for endorsement.

Option 2: Council adopt the District Structure Plan with modifications.

Implications: The applicant would be required to make modifications to address outstanding issues to the satisfaction of the Chief Executive Officer prior to forwarding


to the WAPC for endorsement. The modifications are minor in nature and the applicant has agreed to address these issues. This option would provide the applicant with some surety as to Council's issues with the draft District Structure Plan and is the recommended option.

Option 3: Council defer determination until additional information / modifications are provided by the applicant.

Implications: The applicant would be required to make modifications to address outstanding issues before the matter was referred back to Council for formal consideration. Given the nature of the minor modifications requested, and the willingness of the applicant to resolve them, this option is not deemed necessary.

Option 4: Council refuse to adopt the District Structure Plan.

Implications: The applicant, if aggrieved by the decision, may choose to appeal to the State Administrative Tribunal. This is not the recommended option given the minor nature of the issues which need to be addressed and the adherence to proper and orderly planning.

CONCLUSION

The purpose of a District Structure Plan is to propose an orderly pattern of land use and provide a proper reporting framework for subsequent Local Structure Plans and subdivision to implement. The broad pattern of land use proposed promotes a functional and cohesive community. However, minor modifications are required to build on the submitted draft before forwarding to the WAPC for endorsement. These issues do not fundamentally change the proposal but are necessary to provide clarity on future reporting requirements.

It is recommended that Council adopt the District Structure Plan and its appendices, subject to modifications to the satisfaction of the Chief Executive Officer and forward the documents to the Western Australian Planning Commission for endorsement.

ATTACHMENTS

Attachment One: Modifications to DSP as a response to the City of Swan, Agency and Public Submissions (2142Misc112ET-09)

Attachment Two: Albion District Structure Plan Road Network (Plan 2142-61)

Attachment Three: Schedule of Submissions

Note: A colour copy of the draft Albion District Structure Plan (dated August 2008) was circulated to Elected Members in August 2008.


STRATEGIC IMPLICATIONS

The Albion development represents a significant urban growth area for the City and therefore has a range of strategic implications for future residential, commercial, facility and operational planning, particularly the City of Swan's Urban Growth Policies.

STATUTORY ENVIRONMENT

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

A development of this scale will create a need for the City to provide and manage infrastructure and services in the future. The Developer Contribution Plan for the Urban Growth Corridor will equitably require contributions for City infrastructure. See also the section on “Public Open Space” in the “Report” heading above.

In previous urban areas, matters which have proved to strain Council resources are artificial lakes and continuing community educational programs (such as for stormwater management). Part six, seven and eight of the officer recommendation are included to provide advice to future Local Structure Plan applicants (likely to be other Albion land owners) that these matters need to be considered at the more detailed planning stages.

RECOMMENDATION

That the Council resolve to:

1) Adopt the Albion District Structure Plan (and all ten appendices) dated August 2008 subject to the proposed modifications in Attachments One and Two of this report being made;

2) Forward the modified Albion District Structure Plan to the WA Planning Commission for their endorsement, subject to the City’s Chief Executive Officer being satisfied that the required modifications have been made;

3) Support the resolution of the alternative sites for the pump station, initially indicated on Lot 309 Park St, to the satisfaction of Water Corporation;

4) Support the resolution of the alternative sites for the power substation, initially shown on Lot 95 Lord St, to the satisfaction of Western Power and continue to support the preferred location of the north-south 132kV power transmission line adjacent to the western side of the Perth-Darwin Highway reserve;

5) Write to all Landowners within the Albion Structure Planning Area and all known proponents of Local Structure Plans within the Swan Urban Growth Corridor advising that, prior to advertising of any such Local Structure Plan, a Development Contribution Plan for the Structure Planning Area prepared to the satisfaction of the Chief Executive Officer, must be submitted or otherwise


available to the City. Owners are to be further advised that the City does not consider that the land within the Albion District Structure Plan area should be subdivided until relevant Local Structure Plans and Development Contribution Plan have been finalised to the satisfaction of the City.

6) Landowners within Albion are to equitably contribute to District Open Space and other shared infrastructure works and expenses. The contribution arrangements are to be confirmed through the finalisation of the Development Contribution Plan pursuant to Clause 5A.2 of the Local Planning Scheme No.17.

7) Write to and advise Albion land owners (as potential Local Structure Plan proponents) that Council will not support the installation and marketing of wet stormwater detention basins as artificial lakes and ponds unless the proponent can demonstrate long term cost effectiveness and sustainability of these structures, as per s.2.3.2.16 of the City's Environmental Planning Policy;

8) Write to and advise Albion land owners (as potential Local Structure Plan proponents) Council has a preference for preventative measures for stormwater nutrient management in the urban design stage, as opposed to instigating control and educational programs, which represent a future financial burden on the City, as per the City's Environmental Planning Policy;

9) Write to and advise Albion land owners (as potential Local Structure Plan proponents) that a Financial Assessment Report is to be prepared in support of Local Structure Plans, addressing the provisions of s.4.4.5 of the City's Urban Growth Policy (Pol-C-102) in collaboration with City officers to ensure the methodology aligns with the City's finance system.

10) Write to and advise those persons and agencies who lodged a submission of Council's decision.

The following revised Recommendation was tabled at the meeting:

REVISED STAFF RECOMMENDATION

Amend Part 1) of the Recommendation to read as follows:

"Adopt the Albion District Structure Plan (and all ten appendices) dated August 2008 subject to the proposed modifications in Attachments One and Two of this report being made and an additional modification requiring the southern primary school site to be set back from the Activity Corridor to provide for residential lots directly adjacent to the Activity Corridor."

MOTION that the Council resolve to:

1) Adopt the revised Recommendation, including the amendment to part 1, subject to parts 11, 12 and 13 being added as follows :

11) Note that the City of Bayswater has a preference for the primary school proposed for their land to be relocated to the western side of Partridge St;


12) Note that the Education Department’s willingness to consider an alternative site for the primary school was provided to the City of Swan by the City of Bayswater on 24 November 2008, after the closing date for public submissions on 13 October 2008, and therefore was not considered;

13) Request the Western Australian Planning Commission to consider the 24 November 2008 information provided by the City of Bayswater in their determination of the District Structure Plan.

2) Record that the reason for changing the Recommendation is to ensure that the City of Bayswater’s concerns are taken into account in the decision-making process.

(Cr Fardig - Cr Wainwright)

RESOLVED UNANIMOUSLY TO:

1) Adopt the Albion District Structure Plan (and all ten appendices) dated August 2008 subject to the proposed modifications in Attachments One and Two of this report being made and an additional modification requiring the southern primary school site to be set back from the Activity Corridor to provide for residential lots directly adjacent to the Activity Corridor;

2) Forward the modified Albion District Structure Plan to the WA Planning Commission for their endorsement, subject to the City’s Chief Executive Officer being satisfied that the required modifications have been made;

3) Support the resolution of the alternative sites for the pump station, initially indicated on Lot 309 Park St, to the satisfaction of Water Corporation;

4) Support the resolution of the alternative sites for the power substation, initially shown on Lot 95 Lord St, to the satisfaction of Western Power and continue to support the preferred location of the north-south 132kV power transmission line adjacent to the western side of the Perth-Darwin Highway reserve;

5) Write to all Landowners within the Albion Structure Planning Area and all known proponents of Local Structure Plans within the Swan Urban Growth Corridor advising that, prior to advertising of any such Local Structure Plan, a Development Contribution Plan for the Structure Planning Area prepared to the satisfaction of the Chief Executive Officer, must be submitted or otherwise available to the City. Owners are to be further advised that the City does not consider that the land within the Albion District Structure Plan area should be subdivided until relevant Local Structure Plans and Development Contribution Plan have been finalised to the satisfaction of the City.

6) Landowners within Albion are to equitably contribute to District Open Space and other shared infrastructure works and expenses. The contribution arrangements are to be confirmed through the finalisation of the Development Contribution Plan pursuant to Clause 5A.2 of the Local Planning Scheme No.17.

7) Write to and advise Albion land owners (as potential Local Structure Plan proponents) that Council will not support the installation and marketing of wet stormwater detention basins as artificial lakes and ponds unless the proponent


can demonstrate long term cost effectiveness and sustainability of these structures, as per s.2.3.2.16 of the City's Environmental Planning Policy;

8) Write to and advise Albion land owners (as potential Local Structure Plan proponents) Council has a preference for preventative measures for stormwater nutrient management in the urban design stage, as opposed to instigating control and educational programs, which represent a future financial burden on the City, as per the City's Environmental Planning Policy;

9) Write to and advise Albion land owners (as potential Local Structure Plan proponents) that a Financial Assessment Report is to be prepared in support of Local Structure Plans, addressing the provisions of s.4.4.5 of the City's Urban Growth Policy (Pol-C-102) in collaboration with City officers to ensure the methodology aligns with the City's finance system.

10) Write to and advise those persons and agencies who lodged a submission of Council's decision.

11) Note that the City of Bayswater has a preference for the primary school proposed for their land to be relocated to the western side of Partridge St;

12) Note that the Education Department’s willingness to consider an alternative site for the primary school was provided to the City of Swan by the City of Bayswater on 24 November 2008, after the closing date for public submissions on 13 October 2008, and therefore was not considered;

13) Request the Western Australian Planning Commission to consider the 24 November 2008 information provided by the City of Bayswater in their determination of the District Structure Plan.

14) Record that the reason for changing the Recommendation is to ensure that the City of Bayswater’s concerns are taken into account in the decision-making process.

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