3.5 proposed amendments (nos.82 to 87) to local …

Ordinary Meeting of Council 23 May 2012

3.5 PROPOSED AMENDMENTS (NOS.82 TO 87) TO LOCAL PLANNING SCHEME NO. 17 FOR THE HAZELMERE ENTERPRISE AREA STRUCTURE PLAN

Ward: (Guildford Ward) (Strategic Planning)

Disclosure of Interest: None

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Hazelmere Enterprise Area (HEA) Structure Plan, 2011 was adopted by Council 28 September 2011 and endorsed by the Western Australian Planning Commission (WAPC) 18 October 2011 to provide guidance on future rezoning of land within part of the Hazelmere locality for generally industrial purposes and to define the land use intent and development requirements for specific precincts within the Structure Plan area.

• It is now proposed that Council initiate amendments to the City of Swan Local Planning Scheme No.17 and formally request the WAPC to amend the Metropolitan Region Scheme (MRS) in accordance with the recommendations of the HEA Structure Plan.

• Scheme amendments are proposed to rezone and reclassify land within seven of the identified Precincts (two propose no change from current zoning) and introduce a definition for 'dry industry', in six Scheme amendments.

• A Restricted Use 'dry industry' is required for lots proposed as 'General Industrial' zone, owing to lack of reticulated sewer within the affected Precincts (Precinct 1 and Precinct 7). The Restricted Use will place limits on on-site effluent disposal generated unless development is connected to reticulated sewer.

• Precincts 2 (2A & 2B), 3A, 8 and 9A are proposed as 'Special Use' zones in order to facilitate the requirement for local structure plans to be completed prior to any further subdivision or development in order to co-ordinate the development of land and provision of service infrastructure and for specific issues to be addressed through the local structure plan process.

• Precinct 3B is proposed as 'Industrial Development' in order to facilitate future light industrial uses but with the requirement for a local structure plan in order to co-ordinate development across lots and Precinct 4 is proposed as 'Residential Development' in order to facilitate local structure planning for residential development.

• Because the Scheme amendments also require amendment of the MRS, prior approval of the WAPC is required to advertise the Scheme amendment proposals.

It is recommended that the Council initiate the respective Amendments (Nos.82 to 87)


to the City of Swan Local Planning Scheme No.17 to rezone and reclassify land within the HEA Structure Plan area generally in accordance with the adopted HEA Structure Plan, 2011 and request the Minister for Planning to amended the Metropolitan Region Scheme in accordance with the HEA Structure Plan in order to facilitate the proposed Local Planning Scheme amendments.

BACKGROUND

The consideration of a land use planning framework to facilitate industrial development in Hazelmere has existed since the 1992 City of Swan Hazelmere Land Use Strategy report. A draft Guided Development Scheme - Town Planning Scheme No. 15 was proposed to implement the Strategy, however this did not progress. The need for a district structure plan was identified. This was progressed with the preparation by the Western Australian Planning Commission (WAPC) of the Kewdale-Hazelmere Integrated Masterplan (KHIM) 2006, which identified part of the Hazelmere locality suitable for the freight industry in Perth and Western Australia. Further refinement of the planning process and Masterplan for Hazelmere culminated in the preparation and advertising of the Hazelmere Enterprise Area (HEA) Structure Plan.

Council, at its Ordinary meeting on 28 September 2011 adopted The Hazelmere Enterprise Area (HEA) Structure Plan (The Structure Plan). The Structure Plan was subsequently endorsed by the Western Australian Planning Commission on 18 October 2011. The Structure Plan is a strategic planning document which provides the basis on which to indentify the need for more detailed local planning, to introduce statutory planning controls through the rezoning of land and development control provisions. The Structure Plan report includes the following supporting documents:

• Transport and Civil Planning Report; • Environmental Assessment; • District Stormwater Management Strategy; and • Helena River Foreshore Definition. The structure plan identifies precincts within the structure plan area and for each precinct identifies the intended rezoning under the Metropolitan Region Scheme and the City of Swan Local Planning Scheme No. 17.

DETAILS OF PROPOSAL

Local Planning Scheme Amendments

The individual Scheme amendments are proposed on the basis of the specific precincts as identified within the Structure Plan. Two precincts - Precinct 5 (Hazelmere Lakes) and Precinct 6 (WAC) - are not subject to a Scheme amendment.

The detailed justification for the rezoning and scheme text modification, which apply to each Precinct is provided within the adopted Hazelmere Enterprise Area Structure Plan 2011. The Scheme amendments are consistent with the adopted Structure Plan except for three lots in Precinct 2B (Lot 1000 and Lot 1002 Bushmead Road and Lot 111 Military Road), which now form part of Precinct 1, where the 'General Industrial' zone has been extended over entire lots to accord generally with existing approved uses.


The Local Planning Scheme amendments include the proposed rezoning of land and the introduction of Scheme text provisions, which will provide the statutory planning control mechanism by which to implement the strategies and recommendations identified within the adopted Hazelmere Enterprise Area Structure Plan 2011, in particular, the Land Use Intent and Development Requirements identified for each precinct. The proposed zones which will apply to land within the area of the Structure Plan include the 'General Industrial' zone, the 'Special Use' zone, the 'Industrial Development' zone and the 'Residential Development' zone.

The application of the 'Special Use' zone also requires a modification to the Scheme Text whereby the land that is being rezoned is specifically identified and listed into a Schedule in the Scheme Text. The inclusion of land within the Schedule enables specific development, subdivision and/or structure plan requirements to be applied to a particular land holding and precinct. This form of planning control will assist to co-ordinate the future planning and development of the locality.

The Local Planning Scheme amendments proposed are:

1. Precinct 1 (HEA Core) & 7 (HEA South) and Dry Industry definition

Rezone land located within Precinct 1 and Precinct 7 to the 'General Industrial' zone consistent with the Structure Plan (see Scheme amendment maps at Attachment 3 and Attachment 4) in order to accommodate industrial uses. A minor variation from the Structure Plan is the incorporation of the whole of Lots 1000 and 1002 Bushmead Road and Lot 111 Military Road into Precinct 1, to be zoned 'General Industrial' from Precinct 2B in order to bring consistent zoning within entire lots in accordance with approved land use. The parcels are small, irregular in shape or otherwise difficult to incorporate within a local structure plan under Precinct 2B. The interface of development within the Helena River may be managed in this instance through the development approval process.

Restrict all land uses within the 'General Industrial' zoned land to a 'Dry Industry', unless the lot is connected to reticulated sewer. The lots affected by this 'Restricted Use' will be listed in the Scheme text within Schedule 3 - Restricted Uses'.

Introduce appropriate development control provisions within Schedule 3 - Restricted Uses';

Delete existing Additional Uses (Nos. 41 & 45) which are no longer required as the Additional Uses are consistent with the proposed zoning of the land and therefore no longer required.

Introduce a definition for 'Dry Industry' within Schedule 1 - Dictionary of defined Terms' of the Scheme text as follows:

"Dry Industry" means any industrial use permitted by the City of Swan Local Planning Scheme No. 17 where it can be demonstrated that the quality and volume of effluent to be disposed of on-site can be successfully disposed of, without adverse environmental or health effects, utilising effluent disposal systems approved by the Department of Health, the Department of Environment and Conservation, and Department of Water. In addition, development shall be restricted to the type which is predicted to generate waste water intended for disposal on site at a daily volume not exceeding 540 litres per 2000m2 of site area."


2. Precinct 2 (Helena River)

Rezone land within sub Precinct 2A and sub Precinct 2B to 'Special Use' zones consistent with the Structure Plan (see Scheme amendment maps at Attachment 5 and Attachment 6) in order to accommodate light industrial and institutional uses and any further foreshore reserve requirements. A minor variation is the transfer of part of Lots 1000 and 1002 Bushmead Road and Lot 111 Military Road from Precinct 2B to Precinct 1 as detailed in Precinct 1 above.

This will make provision for the requirement to prepare a Local Structure Plan for all land within the precincts prior to any additional land use, development or subdivision on any land.

Correct the existing duplication in error of the number '12' in the listings within Schedule 4 - Special Use Zones' and on the Scheme map with respect to Portion Lot 338 Morrison Road, Midvale and renumber the site to 'SUZ 13'.

3. Precinct 3 (HEA Buffer Area)

Rezone land within sub Precinct 3A to a 'Special Use' zone in order to accommodate residential uses to the west of a proposed local road and commercial uses to the east of the proposed local road (see Scheme amendment map at Attachment 7). This will make provision for the requirement to prepare a Local Structure Plan for all land within the precinct prior to any additional land use, development or subdivision on any land.

Rezone land within Precinct 3B to the 'Industrial Development' zone in order to accommodate light industrial uses in accordance with the Structure Plan (see Scheme amendment map at Attachment 7). This will make provision for the requirement to prepare a Local Structure Plan for all land within the precincts prior to any additional land use, development or subdivision on any land.

Delete the Additional Use 13 (Agricultural Machinery Sales and Service) over Lot 1 Vale Road, Hazelmere as the Additional Use is consistent with the proposed zoning and therefore redundant.

4. Precinct 4 (Hazelmere Interface)

Rezone land located within Precinct 4 to a 'Residential Development' zone consistent with the Structure Plan in order to accommodate use of the land for residential purposes (see Scheme amendment map at Attachment 8). This zone makes provision for the requirement to prepare a Local structure Plan for all land within the precinct prior to any additional land use, development or subdivision proposal on any land.

5. Precinct 8 (HEA South Buffer)

Rezone land located within Precinct 8 to a 'Special Use' zone consistent with the Structure Plan in order to accommodate composite residential/light industrial uses along the Adelaide Street frontage with light industrial uses to the rear (see Scheme amendment map at Attachment 9). This will make provision for the requirement to prepare a Local Structure Plan for all land within the precinct prior to any additional land use, development or subdivision on any land. This includes the deletion of Additional Use No.32 and the current use to be incorporated into the Special Use provision.


6. Precinct 9A (Bushmead - West of Midland Road)

Rezone land within sub Precinct 9A to a 'Special Use' zone consistent with the Structure Plan in order to provide for residential and/or light industrial uses subject to further investigations (see Scheme amendment map at Attachment 10). This zone makes provision for the requirement to prepare a Local structure Plan for all land within the precinct prior to any additional land use, development or subdivision proposal on any land. This includes the deletion of the existing Additional Uses Nos. 52 & 75 as the current uses will be incorporated into the proposed Special Use provisions.

Metropolitan Region Scheme Amendments

In conjunction with the Local Planning Scheme Amendments, it is also necessary for the Metropolitan Region Scheme (MRS) to reflect the proposed land use zoning of the Structure Plan. This will identify the regional planning land use intent for Hazelmere. Council should now consider a formal request to the WAPC to initiate the required MRS amendments that will enable the Local Planning Scheme amendments to proceed.

The Metropolitan Region Scheme Amendments proposed (see MRS Amendment map at Attachment 11) are:

1. Precinct 1 (HEA Core)

Rezoning irregular parcels of land, in the west and south part of the precinct from 'Rural' to 'Industrial'.

Reclassifying 'Urban' zoned land to 'Other Regional Roads' reserve (Lloyd St extension).

2. Precinct 2 (Helena River)

Rezoning land north of Stirling Crescent from 'Rural' to 'Urban',

Reclassifying irregular portions of Crown land from 'Rural' to 'Parks and Recreation' reserve,

Reclassifying a portion of Crown land north of Stirling Crescent for the extension of Lloyd Street, from 'Rural' zone to 'Other Regional Roads' reserve.

3. Precinct 3 (HEA Buffer Area)

Rezoning land east of Hazelmere residential area and generally parallel with the future Amherst Road extension from 'Rural' to 'Urban', and 'Industrial' to 'Urban'.

Rezoning land between the proposed 'Urban' zone mentioned above and the HEA Core General Industry land from 'Rural' to 'Industrial'.

4. Precinct 4 (Hazelmere Interface)

Rezoning land north of Stirling Crescent and between Amherst Road and the railway line from 'Rural' to 'Urban'.

5. Precinct 7 (HEA South)


Rezoning the land south of Great Eastern Highway Bypass and west of the Roe Highway from 'Rural' to 'Industrial'.

6. Precinct 8 (HEA South Buffer)

Rezoning land north of the Adelaide Street extension from 'Rural' to 'Urban'.

7. Precinct 9A (Bushmead - West of Midland Road)

Rezoning the land east of Roe Highway to Midland Road from 'Rural' to 'Urban'.

CONSULTATION

Public Consultation

A minimum public consultation period of 42 days will be undertaken by the City of Swan; however, a longer period may be determined by the WAPC to coincide with public consultation of the attendant amendments to the MRS by the WAPC. Extensive consultation was undertaken in the development of the Hazelmere Enterprise Area Structure Plan, 2011, which these Scheme amendments will implement.

Consultation with other agencies

The City has not undertaken any specific consultation with regard to these Scheme amendments but has extensively consulted with other agencies in the preparation of the Structure Plan. Formal advertising and consultation of each Scheme amendment will be undertaken after the Environmental Protection Authority (EPA) has considered the Scheme amendments and where no further environmental assessment is required by the EPA on the amendment proposals.

The City undertook consultation and advertising on the draft HEA Structure Plan during October - November 2010. The advertising was via direct mail to landowners and affected government agencies, notices in newspapers, details on the City's website and documents were available for viewing at the City's Administration Centre and the Midland and Guildford libraries. A community workshop was also undertaken in December 2010 at the Midland Junction Arts Centre.

STRATEGIC IMPLICATIONS

The Hazelmere Enterprise Area Structure Plan, September 2011 identifies the strategic planning for part of the Hazelmere locality and the specific objectives and proposed zoning for the seven precincts - Precincts 1, 2, 3, 4, 7, 8, 9A, which are the subject of the Scheme amendments. The Structure Plan process also formulated the proposed land use definition of 'dry industry'. This land use restriction reinforces the strategic objective to allow for land uses with limited waste water disposal.


STATUTORY IMPLICATIONS

Section 75 of the Planning and Development Act 2005 allows a local government to amend its planning scheme with the approval of the Minister for Planning.

Advertising of the proposed amendments requires prior approval of the Minister for Planning because the proposals entail amendments to the Metropolitan Region scheme.

FINANCIAL IMPLICATIONS

Advertising and gazettal of the proposed Scheme amendments.

OPTIONS AND IMPLICATIONS

Option 1: Council could resolve to not initiate Scheme amendments at this time.

Implications: Although there is no right of appeal, this would be contrary to the expectations of the community established in the HEA Structure Plan adopted by Council and endorsed by the WAPC.

Option 2: Council resolve to initiate the proposed Scheme amendments as outlined in the Recommendations.

Implications: Because the amendments require amendment of the MRS, prior approval of the WAPC is required in order to advertise the amendments. The proposed amendments will result in the implementation of the recommendations of the endorsed HEA Structure Plan.

CONCLUSION

The proposed Local Planning Scheme and Metropolitan Region Scheme Amendments are consistent with the land use and development strategies, which are identified within the Hazelmere Enterprise Area Structure Plan, September 2011. The Structure Plan has been extensively advertised, adopted by the City and endorsed by the WAPC. Consequently, the proposed Scheme Amendments represent the next stage to progress the implementation of the Structure Plan.

ATTACHMENTS

• Hazelmere Enterprise Area Structure Plan map, September 2012

• Hazelmere Enterprise Area Structure Plan Precincts

• Precincts 1 Scheme amendment map


• Precinct 7 Scheme amendment map

• Precinct 2A Scheme amendment map

• Precinct 2B Scheme amendment map




• Precinct 9A Scheme amendment map

• Metropolitan Region Scheme amendment map

RECOMMENDATION

That the Council resolve to:

1) Initiate Amendment No. 82 to Local Planning Scheme No. 17 for Precincts 1 and 7 of the HEA Structure Plan by:

1. Rezoning from 'Industrial Development' zone to 'General Industrial' zone the following:

Lot 3001 on DP66027 (No. 50) Central Avenue; The west portion of Lot 25 on P4556 Stirling Crescent; The south portion of Lot 1000 on DP34782 (No. 447) Bushmead Road; The south west portion of Lot 1002 on DP66464 (No. 441) Bushmead Road; Lot 29 on D4539 (No. 463); Lot 80 on P4539 (No. 290); Lot 1001 on DP66027 (No. 301); Lot 79 on P4539; Lot 77 on P4539 (No.364); Lot 76 on P4539; Lot 202 on DP39720 (No. 398); Lot 4 on D55932; Lot 5 on D5593; Lot 6 on D55931 (No. 442); Lot 101 on D66237 (No. 460) Bushmead Road; Lot 402 on DP45208 (No.385), Lot 804, Lot 805 and Lot 806 on DP72824 Bushmead Road; Lot 103 on P4553; Lot 10 on DP62935 (No. 311) Stirling Crescent; Lot 11 on DP62935 (No. 155); Lot 5000 on DP67434 (No. 122); Lot 10 on D91161 (No. 108); Lot 116 on P4553; Lot 1 on D55932 (No. 107); Lot 201 on DP39720 (No.77); Lot 100 on P4553 (No. 77) Lakes Road; The north east portion of Lot 50 on P7475 Lakes Road (being the portion east of the proposed Lloyd Street 'Other Regional Roads' reserve); The east corner of Lot 117 on P4553 Lakes Road (being the portion east of the proposed Lloyd Street 'Other Regional Roads' reserve); The north triangular portion of Lot 140 on P4553 Talbot Road; The north portion of Lot 139 on P4553 Talbot Road; and The north east corner of Lot 138 on P4553 Talbot Road.

2. Rezoning from 'Rural-Residential' zone and 'Industrial Development' zone to 'General Industrial' zone, the following:

The respective portions of Lot 403 on DP55161 and Lot 404 on DP55161 (No. 207) Bushmead Road, Hazelmere.


3. Rezoning from 'Rural-Residential' zone to 'General Industrial' zone the following:

Lot 81 on P4539 (No. 220) Bushmead Road, and the eastern triangular portion of Lot 99 on P4553 (Nos. 53 - 61) Lakes Road, Hazelmere.

4. Rezoning from 'General Rural' zone to 'General Industrial' zone the following:

The south east corner of Lot 138 on P4553 Talbot Road; The south east portion of Lot 139 on P4553 Talbot Road; The south portion of Lot 140 on P4553 Talbot Road; Lot 141 on P4553; Lot 5001 on DP67434; Lot 144 on P4553; Lot 145 on P4553; Lot 7 on DP 40987; Pt Lot 147 on P4553; Lot 11 on D52977, Lot 152 on P4553; Lot 153 on P4553; Lot 4 on D27196 Talbot Road Hazelmere and Lot 5 on D27196 (No. 391) Stirling Crescent; Lot 155 on P4553 (No. 390); Lot 2 on D4425; Lot 1 on D4425; Lot 20 on D79082 (No. 200) Stirling Crescent Hazelmere; Lot 111 on DP56752 (No.5) Military Road; The north east portion of Lot 1002 on DP66464 (No. 441) Bushmead Road; and The northern portion of Lot1000 on DP34782 (No. 447) Bushmead Road;

5. Reclassifying from a 'Local Road' reserve to 'General Industrial' zone the portion of land shown as a road reserve and which traverses the following land:

The south portion of Lot 1002 on DP66464 (No. 441) Bushmead Road and Lot 1000 on DP34782 (No. 447) Bushmead Road; the south and east portion of Lot 29 on D4539 (No. 463) Bushmead Road, and the northern portion of Lot 3001 on DP66027 (No. 50) Central Avenue, Hazelmere.

6. Allocating the 'Restricted Use' - 'RU 13' notation and border around all lots zoned 'General Industrial' as detailed in Schedule 3 below.

7. Allocating the 'Restricted Use' - 'RU14' notation and border around all lots zoned 'General Industrial' as detailed in Schedule 3 below.

8. Inserting into 'Schedule 3 - Restricted Uses' of the Scheme Text the following:

No.

Description of

Land

Restricted use Conditions

13. Lot 3001 on DP66027 (No. 50) Central Avenue, Hazelmere.

The west portion of Lot 25 on P4556 Stirling Crescent.

Lot 1000 on

The Use Classes listed in the Zoning Table against the 'General Industrial' Zone and cross referenced with the symbols of 'P' , 'D', and 'A'.

1. Land use and development is restricted to 'Dry Industry' activities unless the site and development is connected to reticulated sewer.

2. A Wastewater Management Plan shall be submitted to


DP34782 (No. 447) Stirling Crescent,

Lot 103 on P4553 Stirling Crescent,

Lot 10 on DP62935 (No. 311) Stirling Crescent, Hazelmere.

Lot 1002 on DP66464 (No. 441) Bushmead Road,

Lot 29 on D4539 (No. 463),

Lot 80 on P4539 (No. 290), Lot 1001 on DP66027 (No. 301), Lot 79 on P4539, Lot 804, lot 805 and Lot 806 on DP72824 Lot 77 on P4539 (No.364), Lot 76 on P4539, Lot 202 on DP39720 (No. 398), Lot 4 on D55932, Lot 5 on D5593, Lot 6 on D55931 (No. 442), Lot 101 on D66237 (No. 460),and Lot 402 on DP45208 (No.385) Bushmead Road.

Lot 403 on DP55161,

Lot 404 on DP55161 (No. 207,

Lot 81 on P4539 (No. 220) Bushmead Road,

the City of Swan with each development application. The management plan shall be prepared to the satisfaction of the City of Swan, Health Department of Western Australia, the Department of Environment and Conservation, and Department of Water and shall demonstrate that the proposed development and land use will comply with the waste water disposal limits as identified within the definition of 'Dry Industry'.

3. Connection to an Aerobic Treatment Unit (ATU) or Nutrient Effluent Disposal System may be permitted where acceptable groundwater depths exist and subject to the approval by the City of Swan and Health Department of Western Australia.

4. Land use and development shall connect to reticulated sewer where available.

5. Subdivision of existing lots into smaller lot sizes, shall not be supported unless the subdivision represents a minor lot boundary realignment, or the land is connected to


Hazelmere.

Lot 11 on DP62935 (No. 155) Lakes Road,

Lot 5000 on DP67434 (No. 122),

Lot 10 on D91161 (No. 108),

Lot 116 on P4553,

Lot 1 on D55932 (No. 107),

Lot 201 on DP39720 (No.77),

Lot 100 on P4553 (No. 77),

Lot 116 on P4553 Lakes Road,

The north east portion of Lot 50 on P7475 and the east corner of Lot 117 on P4553 and the east portion of Lot 99 on P4553 (No. 53 - 61) Lakes Road, Hazelmere, and representing the portions of land situated east of the future road reserve for Lloyd Street 'Other Regional Roads'

The north triangular portion of Lot 140 on P4553 Talbot Road,

reticulated sewer, and/or a Detailed Area Plan is prepared in accordance with the Scheme.

6. A Stormwater Management Plan shall be submitted to the satisfaction of the City of Swan with each development application. The Management Plan shall demonstrate that runoff is contained onsite for a 1 year Annual Recurrence Interval (ARI) storm and discharge from lots is limited to a rate of 16L/s/ha through the use of onsite compensation.

7. Any onsite stormwater compensation basin and drainage swale shall be landscaped appropriately in accordance with Water Sensitive Urban Design Guidelines and to enhance the visual and landscape amenity of the site. A Landscape Plan shall be submitted to the satisfaction of the City of Swan with each development application.

8. A site investigation and management plan/remediation and validation report (if required) shall be prepared and


The north portion of Lot 139 on P4553 Talbot Road, and

The north east corner of Lot 138 on P4553 Talbot Road, Hazelmere;

Lot 111 on DP56752 (No.5) Military Road

implemented with respect to potential soil and ground water contamination of a site, with any subdivision proposal or development application, whichever occurs first. The investigation and management plan be prepared to the satisfaction of the City of Swan and where necessary approval of the Department of Environment and Conservation.

9. The investigation of ground water levels on a site shall also include consideration for any requirement for future fill and/or subsoil drainage for the proposed development application or subdivision proposal, to the satisfaction of the City of Swan and Department of Water.

10. A Geotechnical Report is required to be submitted with any subdivision proposal or development application, which is likely to impact upon acid sulfate soils identified as high to moderate by the Department of Environment and Conservation and in particular on the following lots: Lot 4 on D55932, Lot 202 on DP39720 (No.


398), Lot 76 on P4539, Lot 79 on P4539, Lot 80 on P4539 (No. 290, Lot 81 on P4539 (No. 220) Bushmead Road and Lot 100 on P4553 (No. 77) Lakes Road. Where necessary, the report shall also detail a management plan in accordance with the WA Planning Commission Acid Sulfate Soils Planning Guidelines, for approval by the Department of Environment and Conservation.

14. The south east corner of Lot 138 on P4553 Talbot Road,

The south east portion of Lot 139 on P4553 Talbot Road,

The south portion of Lot 140 on P4553 Talbot Road,

Lot 141 on P4553,

Lot 5001 on DP67434, Lot 144 on P4553,

Lot 145 on P4553,

Lot 7 on DP 40987,

Pt Lot 147 on P4553,

Lot 11 on

The Use Classes listed in the Zoning Table against the 'General Industrial' Zone and cross referenced with the symbols of 'P' , 'D', and 'A'.

1. Land use and development is restricted to 'Dry Industry' activities unless the site and development is connected to reticulated sewer.

2. A Wastewater Management Plan shall be submitted to the City of Swan with each development application. The management plan shall be prepared to the satisfaction of the City of Swan, Health Department of Western Australia, the Department of Environment and Conservation, and Department of Water and shall demonstrate the proposed development and land use will comply with the waste


D52977,

Lot 152 on P4553,

Lot 153 on P4553, and

Lot 4 on D27196 Talbot Road Hazelmere.

Lot 5 on D27196 (No. 391) Stirling Crescent, Lot 155 on P4553 (No. 390),

Lot 2 on D4425,

Lot 1 on D4425, and

Lot 20 on D79082 (No. 200) Stirling Crescent Hazelmere.

water disposal limits as identified within the definition of 'Dry Industry'.

3. Connection to an

Aerobic Treatment Unit (ATU) or Nutrient Effluent Disposal System may be permitted where acceptable groundwater depths exist and subject to the approval by the City of Swan and Health Department of Western Australia.

4. Land use and

development should connect to reticulated sewer where available.

5. Subdivision of

existing lots into smaller lot sizes, shall not be supported unless the subdivision represents a minor lot boundary realignment, or the land is connected to reticulated sewer, and/or a Detailed Area Plan is prepared in accordance with the Scheme.

6. A Stormwater

Management Plan shall be submitted to the satisfaction of the City of Swan with each development application. The Management Plan shall demonstrate that runoff is contained onsite for


a 1 year Annual Recurrence Interval (ARI) storm and discharge from lots is limited to a rate of 16L/s/ha through the use of onsite compensation.

7. Any onsite

stormwater compensation basin and drainage swale shall be landscaped appropriately in accordance with Water Sensitive Urban Design Guidelines and to enhance the visual and landscape amenity of the site. A Landscape Plan shall be submitted to the satisfaction of the City of Swan with each development application.

8. A site investigation

and management plan/remediation and validation report (if required) shall be prepared and implemented with respect to potential soil and ground water contamination of a site, with any subdivision proposal or development application, whichever occurs first. The investigation and management plan be prepared to the satisfaction of the City of Swan and where necessary approval of the


Department of Environment and Conservation.

9. The investigation of ground water levels on a site shall also include consideration for any requirement for future fill and/or subsoil drainage for the proposed development application or subdivision proposal, to the satisfaction of the City of Swan and Department of Water.

10. A Geotechnical Report may be required to be submitted with any subdivision proposal or development application, which is likely to impact upon acid sulfate soils identified as moderate by the Department of Environment and Conservation. Where necessary, the report shall also detail a management plan in accordance with the WA Planning Commission Acid Sulfate Soils Planning Guidelines, for approval by the Department of Environment and Conservation.

11. Development within Lot 20, No. 200 Stirling Crescent or


Lot 145 Talbot Road shall observe the 'Bush Forever Site 481' and provide an Impact Assessment of the proposed development/land use on the Bush Forever Site to the satisfaction of the City of Swan and the Department of Environment and Conservation.

9. Deleting Additional Use 41; and Additional Use 45 from Schedule 2 - Additional Uses of the Scheme Text and deleting the notation for each from the Scheme Map.

10. Introducing the definition of 'Dry Industry' into the Scheme Text and to define 'Dry Industry' as follows:

"dry industry" means any industrial use permitted by the City of Swan Local Planning Scheme No. 17 where it can be demonstrated that the quality and volume of effluent to be disposed of on-site can be successfully disposed of, without adverse environmental or health effects, utilising effluent disposal systems approved by the Department of Health, the Department of Environment and Conservation, and Department of Water. In addition, development shall be restricted to the type which is predicted to generate waste water intended for disposal on site at a daily volume not exceeding 540 litres per 2000m2 of site area."

11. Inserting the ''dry industry" definition into the Scheme Text under 'Schedule 1 - Dictionary of defined words and expressions, A. General Definitions' and listing the definition in alphabetical order, after the definition for "development" and before the definition for "dwelling".

12. Amending the Local Planning Scheme No. 17 Scheme Map accordingly.

2) Initiate Amendment No. 83 to Local Planning Scheme No. 17 for Precinct 2 of the HEA Structure Plan by:

1. Rezoning from 'General Rural' to 'Special Use' zone the following:

Lot 2 on D60886 Stirling Crescent; The respective southern portion of Lot 12 on P4556 Stirling Crescent; Lot 13 on P4556; Lot 14 on P4556; Lot 15 on P4556; The respective south west portion of Lot 16 on P4556; The respective south west portion of Lot 17 on P4556; The respective south west portion of Lot 18 on P4556 Stirling Crescent; and Lot 23 on P4556 Stirling Crescent; The respective south west portion of Lot 24 on P4556 Stirling Crescent; and the respective east portion of Lot 25 on P4556 Stirling Crescent;


2. Correct an anomaly in the existing numbering in Schedule 4 - Special Use for Special Use No.12 relating to Portion of Lot 338 Morrison Road, Midvale and replace it with No.13', and the relevant notation on the Scheme Map as detailed below:

No. Description of land

Special use Conditions

13. Portion Lot 388 Morrison Road Midvale

Retirement Village - "P"

Fast Food Outlet -"D"

Consulting Rooms - "D"

Local Shop - "D"

1. Development to be in accordance with a Detailed Area Plan approved by the City of Swan;

2. The Detailed Area Plan is to be consistent with the use of the lot as a Retirement Village and the existing Fast Food Outlet;

3. Except for the Fast Food Outlet, the permissible uses are to be an integral and integrated part of the Retirement Village only;

4. Local Shop shall not exceed 100m2 GLA.

3. Allocating where applicable the 'Special Use' - 'SUZ 14' or 'SUZ 15' - notation and border around all lots zoned 'Special Use' within the respective 'SUZ 14' and 'SUZ 15' areas as detailed in Schedule 4 below.


5. Inserting into 'Schedule 4 - Special Use Zones' of the Scheme Text the following:

No. Description of

land


14. Lot 2 on D60886 Stirling Crescent,

The respective southern portion of Lot 12 on

The land uses as specified in an adopted local structure plan consistent with the Land Use

1. Subdivision and Development shall be subject to the provisions of Part 5A of the Scheme, including the


P4556 Stirling Crescent,

Lot 13 on P4556,

Lot 14 on P4556,

Lot 15 on P4556,

The respective south west portion of Lot 16 on P4556,

The respective south west portion of Lot 17 on P4556,

The respective south west portion of Lot 18 on P4556 Stirling Crescent, Hazelmere.

Intent detailed for 'Precinct 2A of Precinct 2 Hazelmere Enterprise Area -Bushmead' within the Hazelmere Enterprise Area Structure Plan Report 2011.

preparation and approval of a Structure Plan.

2. A Local Structure Plan shall include all lots within this Special Use zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception that the City may consider granting an approval for the following land use, development or subdivision, without the prior requirement for a Structure Plan:

• a Single House and associated residential structures and activities such as a Home Business; Home Occupation; Home Office; Home Store on a lot, or

• minor lot boundary changes.

3. The Local Structure Plan is required to observe the Land Use Intent and Development Requirements as detailed within 'Precinct 2A of Precinct 2' of Hazelmere Enterprise Area Bushmead' within the Hazelmere Enterprise Area Structure Plan Report 2011.

4. The local structure plan is to take into


account any additional foreshore reserve requirements identified in the Helena River Foreshore Definition Study and provide a constructed road interface with the Helena River reserve

15. Lot 23 on P4556 Stirling Crescent,

The respective south west portion of Lot 24 on P4556 Stirling Crescent, and

The respective east portion of Lot 25 on P4556 Stirling Crescent,

The land uses as specified in an adopted local structure plan consistent with the land Use Intent detailed for 'Precinct 2B of Precinct 2 Hazelmere Enterprise Area Bushmead' within the Hazelmere Enterprise Area Structure Plan Report 2011.

1. Subdivision and Development shall be subject to the provisions of Part 5A of the Scheme, including the preparation and approval of a Structure Plan.

2. A Local Structure Plan shall include all lots within this Special Use zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception that the City may consider granting an approval for the following land use, development or subdivision, without the prior requirement for a Structure Plan: • a Single House

and associated residential structures and activities such as a Home Business; Home Occupation; Home Office; Home Store on a lot; or

• minor lot boundary changes.

3. The Local Structure Plan is required to observe the Land Use


Intent and Development Requirements as detailed within 'Precinct 2B of Precinct 2' of Hazelmere Enterprise Area Bushmead' within the Hazelmere Enterprise Area Structure Plan Report 2011.

4. The local structure plan is to take into account any additional foreshore reserve requirements identified in the Helena River Foreshore Definition Study and provide a constructed road interface with the Helena River reserve.


1. Rezoning from 'Rural-Residential' to 'Special Use' zone the following:

Lot 650 on DP64462 Stirling Crescent; Lot 58 on P4539 Bushmead Road; Lot 93 on P4553 Hazelmere Circus, Hazelmere, the west portion of Lot 83 on P4539 (No. 170) Bushmead Road, Hazelmere.

2. Rezoning from 'Rural-Residential' and 'Industrial Development' to 'Special Use' zone the following:

The respective portions of Lot 651 on DP64462; Lot 39 on P4539 Stirling Crescent, and Lot 58 on P4539 Bushmead Road, Hazelmere;

3. Rezoning from 'Rural-Residential' to 'Industrial Development' zone the following:

Lot 1 on D73177 (No. 178) Bushmead Road; Lot 82 on P4539 (No.196) Bushmead Road; Lot 100 on D83965 (No.50) Hazelmere Circus; Lot 101 on D83965 (No.56) Hazelmere Circus; Lot 95 on P4553 (No. 5) Lakes Road; Lot 96 on P4553 (No.31); Lot 97 on P4553 (No. 31); Lot 98 on P4553 (No. 47); Lot 119 on P4553 Lakes Road; Lot 1 on D98336 Vale Road; The south west portion of Lot 59 on P4539 Bushmead Road; the east portion of Lot 83 on P4539 (No. 170) Bushmead Road; The west triangular portion of Lot 99 on P4553 (No. 61) Lakes Road; and the north rectangular portion of Lot 118 on P4553 (No. 54) Lakes Road, Hazelmere.


4. Allocating the 'Special Use' - 'SUZ 16' - notation and border around all lots zoned 'Special Use' as detailed in Schedule 4 below.


No. Description of

land


16. Lot 650 on DP64462 Stirling Crescent,

Lot 651 on DP64462, Lot 39 on P4539 Stirling Crescent,

Lot 58 on P4539 Bushmead Road,

The west portion of Lot 83 on P4539 Bushmead Road,

Lot 93 on P4553 Hazelmere Circus, Hazelmere.

The land uses as specified in an adopted local structure plan consistent with the Land Use Intent detailed for the 'sub' Precinct 3A within Precinct 3 Hazelmere Enterprise Area Buffer Area' within the Hazelmere Enterprise Area Structure Plan Report 2011.


2. A Local Structure Plan shall include all lots within this Special Use zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception that the City may consider granting an approval for the following land use, development or subdivision, without the prior requirement for a Structure Plan:


• minor lot boundary


changes, or

• Agricultural Machinery Sales and Services land use on Lot 1 on D98336 Vale Road under 'Additional Use 13',

3. The Local Structure Plan is required to observe the Land Use Intent and Development Requirements as detailed within 'Precinct 3A Hazelmere Enterprise Area Buffer Area' within the Hazelmere Enterprise Area Structure Plan Report 2011.

6. Deleting the 'Additional Use 13' relating to Lot 1 Vale Road, Hazelmere from Schedule 2 - Additional Uses in Local Planning Scheme No.17.



1. Rezoning from 'General Rural' to 'Residential Development' zone the following:

The south portion of Lot 99 on DP 45875 Bushmead Road; Lot 811 on DP 52289 (No. 121) Bushmead Road; The south portion of Lot 6 on P4539 Baker Street; Lot 850 on DP 58595 Baker Street; Lot 801 on DP 40923 Stirling Crescent; The south portion of Lot 9 on P 4556 Stirling Crescent and Lot 816 on DP 53664 Stirling Crescent, Hazelmere.

2. Reclassifying from the 'General Rural' zone to a 'Local Road' reserve:

The 686m2 portion of road reserve on DP 48737 Bushmead Road, which abuts the south side of Lot 99 Bushmead Road, Hazelmere.

3. Reclassifying from 'Local Road' reserve to 'Residential Development' zone:

The unconstructed portion of Chatham Road on Plan 4539 located between Lot 850 Baker Street and Lot 801 Baker Street, Hazelmere.



5) Initiate Amendment No.86 to Local Planning Scheme No. 17 for Precinct No.8 of the HEA Structure Plan by:

1. Rezoning from 'General Rural' to 'Special Use' the following:

Lot 1 on D19492 (No. 401) Stirling Crescent and Lot 189 on P4553 Adelaide Street; Lot 190 on P4553; Lot 2 on D19492; Lot 192 on P4553 (No. 237); Lot 3 on D22957; Lot 20 on D76128; and Lot 501 on DP 63962 Adelaide Street, Hazelmere.

2. Allocating the 'Special Use' - 'SUZ 17' - notation and border around all lots zoned 'Special Use' as detailed in Schedule 4 below.

3. Deleting the 'Additional Use 32' to Lot 3 Adelaide Street from Schedule 2 - Additional Uses;



No. Description of

land


17. Lot 1 on D19492 (No. 401) Stirling Crescent,

Lot 189 on P4553 Adelaide Street,

Lot 190 on P4553,

Lot 2 on D19492,

Lot 192 on P4553 (No. 237),

Lot 3 on D22957,

Lot 20 on D76128 and Lot 501 on DP 63962 Adelaide Street, Hazelmere

The land uses as specified in an adopted local structure plan consistent with the Land Use Intent detailed for 'Precinct 8 Hazelmere Enterprise Area South Buffer' within the Hazelmere Enterprise Area Structure Plan Report 2011.


2. A Local Structure Plan shall include all lots within this Special Use zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception that the City may consider granting an approval for the following land use, development


or subdivision, without the prior requirement for a Structure Plan if the City is satisfied that this will not prejudice the specific purposes and requirements of the Special Use zone for Precinct 8 of the Hazelmere Enterprise Area Structure Plan 2011:


• minor lot boundary changes, or

• Warehouse and Light Industry land uses as an existing use on Lot 3 on D22957 Adelaide Street

3. The Local Structure Plan is required to observe the Land Use Intent and Development Requirements as detailed within 'Precinct 8 Hazelmere Enterprise Area South Buffer' within the Hazelmere Enterprise Area Structure Plan Report 2011.


6) Initiate Amendment No. 87 to Local Planning Scheme No. 17 for Precinct 9A of the HEA Structure Plan by:

1. Rezoning from 'General Rural' to 'Special Use' zone the following:

The respective east portion of Lot 2 on D48364 Lakes Road; The respective east portion of Lot 3 on D48364 Midland Road; The respective east portion of Lot 148 on P4553 Talbot Road; Lot 149 on P4553; Lot 10 on D52977 Talbot Road; Lot 201 on P4553 Midland Road; Lot 15 on D6992; Lot 200 on P4553; Lot 199 on P4553; Lot 500 on DP63962 Midland Road; Lot 97 on DP43176 Adelaide Street; Lot 6 on D44704 Adelaide Street; Lot 50 on D65225 Midland Road, Hazelmere.

2. Reclassifying from 'Local Road' reserve to Special Use' zone the following:

Lot 9 on D52977 Talbot Road; Lot 8 on D48025; Lot 7 on D46148 and Lot 195 on P4553 Adelaide Street;

3. Deleting Additional Use 52; and Additional Use 75 from Schedule 2 - Additional Uses of the Scheme Text and deleting the notation for each from the Scheme Map;

4. Allocating the 'Special Use' - 'SUZ 19' - notation and border around all lots zoned 'Special Use' as detailed in Schedule 4 below;


No. Description of

land


19. The respective east portion of Lot 2 on D48364 Lakes Road, The respective east portion of Lot 3 on D48364 Midland Road,

The respective east portion of Lot 148 on P4553 Talbot Road,

Lot 149 on P4553

Lot 10 on D52977 Talbot Road,

Lot 201 on P4553 Midland Road,

The land uses as specified in an adopted local structure plan consistent with the Land Use Intent detailed for 'Precinct 9A - Bushmead' within the Hazelmere Enterprise Area Structure Plan 2011

1. Subdivision and Development shall be subject to the provisions of Part 5A of the Scheme, including the preparation and approval of a Local Structure Plan.

2. A Local Structure Plan shall include all lots within this Special Use zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception


Lot 15 on D6992,

Lot 200 on P4553,

Lot 199 on P4553,

Lot 500 on DP63962 Midland Road,

Lot 97 on DP43176 Adelaide Street,

Lot 6 on D44704 Adelaide Street,

Lot 50 on D65225 Midland Road.

Lot 9 on D52977 Talbot Road; Lot 195 on P4553 Adelaide Street, Lot 8 on D48025; Lot 7 on D46148 and Lot 195 on P4553 Adelaide Street;

that the City may consider granting an approval for the following land use, development or subdivision, without the prior requirement for a Structure Plan: • a Single House

and associated residential structures and activities such as a Home Business; Home Occupation; Home Office; Home Store on a lot, or

• minor lot boundary changes, or

• Caravan Park land use on part of Lot 500 on DP63962 (formerly Lot 198) Midland Road, Lot 97 on DP43176 Adelaide Street, and part of Lot 6 on D44704 Adelaide Street, as detailed under former 'Additional Uses Nos. 52 and 75'.

3. The Local Structure Plan is required to observe the Land Use Intent and Development Requirements as detailed within 'Precinct 9' of Hazelmere Enterprise Area Bushmead' within the Hazelmere


Enterprise Area Structure Plan Report 2011.


7) To request the Minister for Planning to amend the Metropolitan Region Scheme in accordance with the proposed Zones and Reserves recommended in the Hazelmere Enterprise Area Structure Plan, 2011 and detailed under the heading "Metropolitan Region Scheme Amendments" in this Council report as Attachment No.11 in order to facilitate local planning scheme amendments.

CARRIED

3.5 proposed amendments (nos.82 to 87) to local …

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