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DRAFT List of Standard Subdivision Conditions (Considered by Council at its 16 December 2014 Meeting)

Please Note: No changes to the 2014 Council endorsed Standard Subdivision Conditions have been proposed. Notes: If you notice any required changes or you have new conditions and footnotes that need including, please don’t edit this document. Instead there is a Word document titled U:\Planning Conditions\2014 Review\Proposed Subdivision Conditions for consideration December 2014 OCM review.docx where you can list them. COB ID WAPC

ID CONDITIONS WHEN REQUIRED

NON-STANDARD CONDITION

S00.00 - Blank one off subdivision condition As required.

LOT DESIGN / RATIONALISATION CONDITIONS

S01.01 AD2 The portion of land shown on the plan dated [INSERT VALUE] (attached) being amalgamated with the adjacent lot pending joint subdivision with the adjoining owner.

Where part lots are created under a plan of subdivision and reliant on joint

subdivision by an adjoining owner / stage.

S01.02 AD3 The existing lots that are the subject of this application being amalgamated on the diagram or plan of survey (deposited plan).

Imposed on survey strata applications that propose / require the amalgamation

of existing freehold lots.

S01.03 AD1

Prior to the Western Australian Planning Commission’s endorsement of a diagram or plan of survey (deposited plan) for the creation of the lots proposed by this application, the lot that is the subject of this application being created on a separate diagram or plan of survey (deposited plan) and the plan being endorsed by the Western Australian Planning Commission.

Imposed where application relates to a lot that has not yet been created, but is

subject to Western Australian Planning Commission conditional approval.

S01.04 L1 The plan of subdivision is to be modified so that no lot is less than [INSERT VALUE] in area. If dimension is marginal or noncompliant.

S01.05 T18 The access way to the rear lot, including truncations and vehicle manoeuvring areas being shown on the survey strata plan as common property.

Where a common property accessway is required but not shown

DEMOLITION / SEPTIC TANK CONDITIONS

S02.01 - All buildings, outbuildings and/or structures present on lot(s) [INSERT VALUE] at the time of subdivision approval being demolished and materials removed from the lot(s).

Related Footnote

Where the removal of buildings, outbuildings and other structures is required to facilitate the subdivision.

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S02.02 W6

All septic sewer systems including all tanks and pipes and associated drainage systems (soakwells or leach drains) and any stormwater disposal systems are to be decommissioned in accordance with the Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1974, removed, filled with clean sand and compacted. Proof of decommissioning is to be provided in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant, confirming that the site has been inspected and all septic tanks, soak wells, leach drains and any associated pipework have been removed.

Where demolition occurs and/or where subdivision will create a vacant lot.

EXISTING DWELLING CONDITIONS

S03.01 B1 All buildings and effluent disposal systems having the necessary clearance from the new boundaries as required by the City’s Local Planning Scheme No. 15 and the Building Code of Australia.

Related Footnote

Where subdivision has the potential to impact on setbacks of existing dwellings,

and there may be existing effluent disposal systems on site.

S03.02 - The appearance of the existing dwelling is to be upgraded externally to an equivalent maintenance standard of the rest of the development to the satisfaction of the City of Belmont.

Related Footnote

Where an existing dwelling is retained as part of a grouped dwelling subdivision

S03.03 B7 The existing dwelling being retained is to comply with the requirements of the Residential Design Codes.

Related Footnote

Where an existing dwelling is retained as part of subdivision.

FILL, DRAINAGE & GEOTECHICAL CONDITIONS

S04.01A D4

The land being filled, stabilised, drained and/or graded as required to ensure that:

(a) lots can accommodate their intended development; and

(b) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/or proposed finished ground levels of the land abutting; and

(c) stormwater is contained on-site, or appropriately treated and connected to the local drainage system.

Small scale subdivisions

S04.01B D1

Engineering drawings and specifications are to be submitted, approved, and works undertaken in accordance with the approved engineering drawings, specifications and approved plan of subdivision, for grading and/or stabilisation of the site to ensure that:

(a) lots can accommodate their intended use; and

(b) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/or proposed finished ground levels of the land abutting.

Large-scale subdivisions

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S04.02A D10 Arrangements being made to the satisfaction of the City of Belmont for the filling and/or capping of any bores and/or wells, or the identification of any bore and/ or well to be retained on the land.

Related Footnote

Where underground apparatus are required to be removed (e.g. bores,

swimming pools, wells). On advice from Engineering.

S04.02B D5

Prior to the commencement of subdivisional works, the landowner/applicant is to provide a pre-works geotechnical report certifying that the land is physically capable of development or advising how the land is to be remediated and compacted to ensure it is capable of development; and

In the event that remediation works are required, the landowner/applicant is to provide a post geotechnical report certifying that all subdivisional works have been carried out in accordance with the pre-works geotechnical report.

Related Footnote

Where the land requires significant earthworks. On advice from Engineering.

S04.03 D8 Drainage easements and reserves as may be required for drainage infrastructure being shown on the diagram or plan of survey (deposited plan) as such, granted free of cost, and vested in that local government under Sections 152 and 167 of the Planning and Development Act 2005.

Where drainage reserves are required and/or shown on the subdivision plan. On

advice from Engineering.

DEVELOPMENT APPROVAL CONDITIONS

S05.01 B4 All dwelling(s) being constructed to plate height prior to the submission of the diagram or plan of survey (deposited plan).

Related Footnote

Where subdivision is occurring above R30 in a flexible coded area.

S05.02 - The applicant obtaining development approval for development of a dwelling(s) on the proposed lot(s).

Where single house lots created are smaller than 350m2 or where the lots

created are irregular in shape.

S05.03 L3

Detailed Area Plan(s) being prepared and approved for lots shown on the plan dated [INSERT VALUE] (attached) that address the following:

(a)

(b)

(c)

(INSERT SPECIFIC REQUIREMENTS AS APPROPRIATE) to the satisfaction of the City of Belmont.

Where a structure plan requires the preparation of detailed area plans.

S05.04 B3 Written confirmation from the local government that all necessary local government approval(s) have been issued and that the whole of the building has been completed in accordance with those approvals.

All strata applications where buildings are to be retained or to be/are under

construction.

ROAD CONSTRUCTION & ROAD RESERVE CONDITIONS

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S06.01 T1

Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, to ensure that those lots not fronting an existing road are provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) are constructed and drained at the landowner/applicant’s cost.

As an alternative, and subject to the agreement of the Western Australian Planning Commission, the City of Belmont is prepared to accept the landowner/applicant paying to the City of Belmont the cost of such road works as estimated by the City of Belmont and the City of Belmont providing formal assurance to the WAPC confirming that the works will be completed within a reasonable period as agreed by the WAPC.

Related Footnote

Where a new subdivision road is required to provide street frontage to newly

created lots. On advice from Engineering.

S06.02A - _________________________ being widened by _____________ metres along the full frontage of the land the subject of this application by the applicant/owner transferring the land required to the Crown free of cost for the purpose of widening ______________.

Where an existing road is required to be widened. On advice from Engineering.

S06.02B T9 __________________ (specify road name) being widened in accordance with the plan dated _______ (attached) by the applicant/owner transferring the land required to the Crown free of cost for the purpose of widening __________________(specify road name).

Where an existing road is required to be widened. On advice from Engineering.

S06.02C T10 The section of __________________ (specify road name) widened in accordance with this approval, is to be constructed and drained at the full cost of the applicant/owner.

Where an existing road is required to be widened. On advice from Engineering.

S06.03 T5

Satisfactory arrangements being made with the City of Belmont for the full/partial cost of upgrading and/or construction of [INSERT VALUE ROAD(S)] in the locations as shown on the plan dated [INSERT] (attached) to a standard of [INSERT VALUE].

Related Footnote

Where an existing road is required to be upgraded in response to the subdivision.

On advice from Engineering.

S06.04 T11 All local streets within the subdivision being truncated in accordance with the Western Australian Planning Commission’s Liveable Neighbourhoods policy/ DC 2.6 Residential Road Planning/ DC 4.1 Industrial Subdivision [DELETE AS APPLICABLE].

Subdivision of corner lots where insufficient truncations are provided. On

advice from Engineering.

S06.05 - The cul-de-sac heads being designed and constructed to the satisfaction of the City.

Related Footnote

Where new cul-de-sac roads are created in the plan of subdivision, or where a cul-de-sac head is required to be upgraded /

redesigned in response to the subdivision.

S06.06 - The applicant to provide public vehicle parking spaces along _________________________ in addition to the carriageway width shown to the specification and satisfaction of the City of Belmont.

Where on-street parking is required in response to the subdivision.

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S06.07 T3

Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, for the provision of shared paths through and connecting to the application area:

EITHER

to the satisfaction of the Western Australian Planning Commission;

OR

in accordance with the plan dated (attached);

OR

in accordance with the approved [INSERT NAME] structure plan.

[DELETE AS APPLICABLE]

The approved shared paths are to be constructed by the landowner/ applicant.

Related Footnote

Where dual use paths are created / required as part of the plan of subdivision

S06.08 T2

Engineering drawings and specifications are to be submitted and approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications to ensure that:

(a) street lighting is installed on all new subdivisional roads to the standards of the relevant licensed service provider and/or

(b) roads that have been designed to connect with existing or proposed roads abutting the subject land are coordinated so the road reserve location and width connect seamlessly and/or

(c) temporary turning areas are provided to those subdivisional roads that are subject to future extension and/or

(d) embayment parking is provided within the/abutting the proposed.

(e)

[DELETE OPTIONS A) TO D) AS APPLICABLE]

to the satisfaction of the City of Belmont.

Related Footnote

Where coordination with adjoining land is required; or

Where new roads are proposed; or

Where coordination with connecting roads is required; or

Where roads are subject to future extension and temporary turning

areas are required; or

Where on street parking provision is required including parking

embayments.

VEHICLE ACCESS CONDITIONS

S07.01 T16 The proposed accessway(s) / common property (delete not applicable) being constructed and drained at the landowner/applicant’s cost to the specifications of the City of Belmont.

Related Footnote

Where a battleaxe leg or common property leg is created before

development approval is issued.

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S07.02 T22 The landowner/applicant entering into an agreement with the City of Belmont to ensure that reciprocal rights of access are provided over the adjoining battleaxe accessway(s).

Where recipricol rights of access are required to provide access over a

battleaxe leg.

S07.03A T12 A ____________________ metre truncation is to be provided at the junction of the accessway / common property (delete not applicable) and the ______________ road reserve. Where a sightline truncation is required.

S07.03B T13 A __________ metre truncation is to be provided at the junction of the accessway / common property (delete not applicable) and proposed Lot/s ____________________. Where a sightline truncation is required.

S07.04 - Vehicular access to all proposed lots is to be provided from the common property shown on the survey-strata / strata (delete not applicable) plan.

Related Footnote

Where common property is proposed and an existing dwelling is retained.

S07.05 - The common property to be designed to ensure that all vehicles can enter and leave in forward gear.

Related Footnote

Where common property is proposed and there is doubt as to whether sufficient turning area is provided for an existing

dwelling.

S07.06 Suitable arrangements being made with the City of Belmont for the provision of vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision.

Related Footnote

Desirable if identifying the location of crossovers is integral to the design, or if

there are significant site constraints.

S07.07 T23 The redundant vehicle crossover(s) to be removed and the kerbing, verge, and footpath (where relevant) reinstated with grass or landscaping to the satisfaction and specifications of the City of Belmont.

Where a redundant crossover is required to be removed as part of a proposal.

RIGHT OF WAYS / PEDESTRIAN ACCESSWAY CONDITIONS

S08.01 T14

A _______________ wide right-of-way is to be provided, constructed and drained at the landowner/applicants cost along the _____________ boundary of the subject land. The right-of-way is to be accurately illustrated and denoted on the diagram of survey and vested in the Crown under Section 152 of the Planning and Development Act 2005, and such land is to be ceded to the Crown free of cost and without any payment of compensation by the Crown.

Related Footnote

Where a right-of-way is required but not shown on the plan of subdivision. On

advice from Engineering.

S08.02 T19

All pedestrian accessway(s) within the subdivision being constructed and drained at the landowner/applicant’s cost and shown on the diagram of survey as such and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded to the Crown free of cost and without any payment of compensation by the Crown.

Related Footnote

Where a pedestrian access ways are proposed. On advice from Engineering.

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PUBLIC OPEN SPACE CONDITIONS

S09.01 R2

The proposed reserve(s) shown on the plan of subdivision being shown on the Diagram or Plan of Survey (Deposited Plan) as a “Reserve for Recreation” and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded to the Crown free of cost and without payment of compensation by the Crown.

Related Footnote

Where POS is created as part of the subdivision.

S09.02 R3

An area(s) of land at least _______________ m2 in area in a position agreed to by the City, being shown on the diagram or plan of survey (deposited plan) as a “Reserve for Recreation” and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded to the Crown free of cost and without payment of compensation by the Crown.

Related Footnote

Where POS is required as part of the subdivision.

S09.03 - Development of the compensating basins and/or drainage lakes shown on the plan of subdivision is to be to the specifications of the City.

Related Footnote

Where drainage reserves are proposed as part of the subdivision. On advice from

Engineering.

S09.04 R4

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

Related Footnote

Imposed in accordance with the requirements of Liveable Neighbourhoods Element 4. No more than two summers or

years of maintenance should apply.

DEVELOPMENT CONTRIBUTION CONDITIONS

S10.01 AD5

Arrangements being made with the City of Belmont, to the satisfaction of the Western Australian Planning Commission, for the landowner/applicant to contribute towards the costs of providing community and/or common infrastructure as established through Amendment No. [INSERT NUMBER] (when gazetted) to the City of Belmont Local Planning Scheme No. 15.

Related Footnote

When the developer contribution provisions have been initiated as an

amendment but are not yet finalised and included in LPS15.

S10.02 AD6 The landowner/applicant contributing towards development infrastructure provisions pursuant to the City of Belmont Local Planning Scheme No. 15.

Related Footnote

When developer contribution provisions have been finalised and are included in

LPS15.

FENCING CONDITIONS

S11.01 B2 Uniform fencing being constructed along the boundaries of all of the proposed lots abutting [INSERT VALUE].

When lots abut primary regional roads, rail reserves and public open space.

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MANAGEMENT STATEMENT CONDITIONS

S12.01 B6

A Management Statement being prepared and submitted for the WAPC’s consideration and written confirmation in accordance with Section 5C of the Strata Title Act 1985 (as amended), to include the following additions to the by-laws contained in Schedules 1 and 2 of that Act:

Development or redevelopment of the (strata/survey-strata) lots is to comply with a development approval issued by the City of Belmont, which complies with the requirements of the City of Belmont _____ Planning Scheme No. ___ and local planning policies.

Shared parking and access for the (strata/survey-strata) lots to meet the requirements of the City of Belmont.

Amendment to or repeal of the above provisions cannot be effected without the Commission’s agreement.

For large-scale strata & survey-strata proposals where there is a need for

shared parking.

AIRCRAFT NOISE CONDITIONS

S13.01 AM8

A Notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the Certificates of Title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification to be included on the Diagram of Survey. The notification to state as follows:

“This lot is situated in the vicinity of Perth Airport, and is currently affected, or may in the future, be affected by aircraft noise. Noise exposure levels are likely to increase in the future as a result of increases in numbers of aircraft using the airport, changes in aircraft type of other operational changes. Further information about aircraft noise, including development restrictions and noise insulation requirements for noise-affected properties, are available on request from the relevant local government offices.”

Related Footnote

Where the subdivision occurs within the 20-25 or 25-30 ANEF areas. Refer to

SPP 5.1 for criteria.

ENVIRONMENT (DUST, ACID SULFATE, CONTAMINATION & VEGETATION) CONDITIONS

S14.01

All areas of soil disturbance being stabilised against dust nuisance to adjoining and nearby properties prior to, during or after commencement of site works and clearing. Where appropriate such measures as sprinklers, use of water tanks/trucks, mulching or other land management systems should be installed or implemented within the time and in the manner directed by the Commission if, upon receiving advice from the City of Belmont, it considers that a dust nuisance exists.

Large scale subdivision proposals where there is likely to be significant earthworks.

S14.02 The applicant to prepare a dust management plan for the approval of the City prior to commencement of subdivision works, and shall thereafter comply with the plan.

Large scale subdivision proposals where there is likely to be significant earthworks.

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S14.03 EN8

An acid sulphate soils self-assessment form and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be submitted to and approved by the Department of Environment Regulation before any subdivision works or development are commenced. Where an acid sulphate soils management plan is required to be submitted, all subdivision works shall be carried out in accordance with the approved management plan.

Related Footnote

Situations where acid sulfate soils may exist and extensive site works are likely.

S14.04 EN9

Prior to commencement of subdivision works, investigation for soil and groundwater contamination is to be carried out to determine if remediation is required.

If required, remediation, including validation of remediation, of any contamination identified shall be completed prior to the issuing of titles to the satisfaction of the Western Australian Planning Commission on advice from the Department of Environment Regulation, to ensure that the lots created are suitable for the proposed use. Investigations and remediation are to be carried out in compliance with the Contaminated Sites Act 2003 and current Department of Environment Regulation Contaminated Sites Guidelines.

Related Footnote

Situations where site contamination is likely to exist. On advice from EOLI.

S14.05 EN2

Measures being taken to ensure the identification and protection of any vegetation on the site worthy of retention that is not impacted by subdivisional works, prior to commencement of subdivisional works.

Related Footnote

Where significant mature vegetation exists and retention is required. On

advice from Environment.

S14.06

(NEW) - All street trees are to be retained unless otherwise approved by the City of Belmont. Where a street tree exists in the verge of

the property being subdivided.

DEVELOPMENT & LAND USE RESTRICTION CONDITIONS

S15.01

B14

A restrictive covenant, to the benefit of [INSERT VALUE] pursuant to Section 129BA of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a restriction on the use of the land. Notice of this restriction is to be included on the diagram or plan of survey (deposited plan). The restrictive covenant is to state as follows:

‘[INSERT RESTRICTION]

Advise of existence of a restriction on land use, for example use of lots restricted

aged and dependant development, tourism developments.

“No person shall occupy any [INSERT VALUE] for more than a total of

[INSERT VALUE] months in any 12 month period.”

“No person shall occupy [INSERT VALUE] that is not disabled,

physically dependent or aged over 55, or is the surviving spouse of such a

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person.”

S15.02

B13

A restriction(s) in accordance with Section 6 of the Strata Titles Act 1985 is to be placed on the certificate(s) of title of the proposed lot(s) confirming that [INSERT VALUE]. The restriction(s) are to be included on the deposited plan. The restriction(s) are to state as follows:

‘[INSERT RESTRICTION]’

Advise of existence of a restriction on land use, for example use of lots restricted

aged and dependant development, tourism developments.

Examples:

“No person shall occupy any [INSERT VALUE] for more than a total of

[INSERT VALUE] months in any 12 month period.”

“No person shall occupy [INSERT VALUE] that is not disabled,

physically dependent or aged over 55, or is the surviving spouse of such a

person.”

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ID FOOTNOTE WHEN REQUIRED

NON-STANDARD FOOTNOTE

SF00.00 Blank off non-standard footnote As required.

DEMOLITION / SEPTIC TANK FOOTNOTES

SF02.01 In regard to Condition [INSERT VALUE], planning approval and/or a demolition permit is required to be obtained from the City of Belmont prior to the commencement of demolition works.

Where demolition works will be undertaken.

EXISTING DWELLING FOOTNOTES

SF03.01A

In regard to Condition [INSERT VALUE], the City of Belmont will accept building clearance requirements as specified in the relevant local planning scheme operative at the time the subdivision approval was granted by the Western Australian Planning Commission.

Where an existing dwelling is retained as part of the subdivision.

SF03.01B

Where the proposed subdivision boundary is less than 900 mm clear of the retained existing dwelling then modifications may need to be undertaken to the dwelling to ensure compliance with the Building Code of Australia Volume Two Part 3.7 Fire Safety, to the satisfaction of the City’s Manager Building Services prior to the local government clearing the subdivision.

Where an existing dwelling is retained as part of the subdivision.

SF03.02 In regard to Condition the applicant is advised to liaise with the City of Belmont for further details as to the required upgrades.

Where an existing dwelling is retained as part of a grouped dwelling subdivision and requires upgrades

SF03.03A

In relation to Condition , the existing dwelling shall satisfy the grouped dwelling requirements of the Residential Design Codes pertaining to vehicle car parking (and associated crossover / driveway), setbacks, open space, minimum outdoor living space and storage (min 4sqm with external access).

SF03.03B In relation to Condition , the existing dwelling shall satisfy the single dwelling requirements of the Residential Design Codes pertaining to vehicle car parking (and associated crossover / driveway), setbacks, open space and minimum outdoor living space.

FILL, DRAINAGE & GEOTECHNICAL FOOTNOTES

SF04.02 In regard to Condition , a geotechnical report should be provided as an existing bore / swimming pool / other below ground apparatus (delete not applicable) is required for removal. As

Where underground apparatus are required to be removed (e.g. bores,

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an alternative, the City is prepared to accept a compaction certificate to the satisfaction of the City’s Director Technical Services and/or Manager Projects & Development to satisfy this condition.

swimming pools, wells).

SF04.03

In regard to Condition , the required geotechnical report must identify the geotechnical conditions of the site and certify to the City that any earthworks proposed are structurally sound. The earthworks must be carried out in accordance with the geotechnical report as modified (if at all) by the City.

Where the land requires significant earthworks.

DEVELOPMENT APPROVAL FOOTNOTES

SF05.01 All dwellings must be constructed to plate height in accordance with the plans approved by the City of Belmont dated (Ref /201 /DA).

SF05.04 The Council’s approval of subdivision should not be construed as support for development on any of the lots proposed.

All subdivision approvals.

ROAD CONSTRUCTION & ROAD RESERVE FOOTNOTES

SS06.01 In regard to Condition , the landowner/applicant is advised that the road reserves, including the constructed carriageways, laneways, truncations, footpaths/dual use paths and car embayments, are to be generally consistent with the approved plan of subdivision.

SF06.03 With regard to Condition ______, upgrading and/or construction of _____________ (insert road name) includes ______________ (specify known upgrade requirements). Please liaise with the City’s Technical Services for further advice.

Where an existing road requires upgrades in response to the subdivision.

SF06.05 With regard to Condition ______, the cul-de-sac design is required to address all relevant matters, including paving, manoeuvring spaces, lighting, fencing, planting and crossover location.

Where a road with a cul-de-sac head is proposed as part of the subdivision or where an existing cul-de-sac head requires upgrade as a result of the subdivision.

VEHICLE ACCESS FOOTNOTES

SF07.01

In regard to Condition , the applicant is advised that the battleaxe accessway / common property (delete not applicable) must be fully constructed and drained to the satisfaction of the City. Alternatively, the City can clear the condition if the owner enters into a legal agreement with the City, at the owners’ cost, to covenant that the battleaxe accessway / common property (delete not applicable) will be constructed within an agreed time period.

Where a battleaxe leg or common property accessway is requested for construction because a DA has not been approved.

SF07.04 The applicant is advised that vehicle access to on-site parking for all proposed lots must be taken via the proposed common property access. This includes vehicle access to the front lot (Lot __). The City considers that where a common property accessway is provided, it must be utilised by all dwellings for its intended function, this being for vehicle access purposes. Please note that the

Subdivision involving a common property accessway.

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City will not support a separate vehicle crossover for the front lot (Lot __), nor grant subdivision clearance or support development unless all lots use the common property for vehicle access.

SF07.05

In regard to Condition , the applicant is advised that car parking bays for the front lot (Lot __) should be provided parallel to the street alignment and achieve a minimum distance of 6.0 metres between the rear end of the parking bays and the edge of the common property in order to ensure that the adequate reversing and manoeuvring area to allow the vehicles to enter the street in forward gear is achieved.

Subdivision involving a common property accessway where an existing dwelling is being retained.

SF07.06

This approval should not be construed as an approval to construct a vehicle crossover(s). Prior to the commencement of construction of any vehicle crossover(s), all necessary approval(s) must be obtained from the City of Belmont Technical Services. Failure to obtain crossover approval may result in time delays and/or refusal of a vehicle crossover subsidy.

All subdivision approvals where an existing dwelling is retained or where a battleaxe leg / common property is required to be constructed.

RIGHT OF WAY / PEDESTRIAN ACCESSWAY FOOTNOTES

SF08.03 With regard to Condition ______, detailed engineering drawings for the right-of-way are required and must address all relevant matters, including paving, manoeuvring space, lighting and crossover location.

Where a right-of-way is required.

SF08.05 In respect of Condition ______, the width of the pedestrian accessway is to be determined in consultation with the City of Belmont on submission of detailed engineering drawings.

Where a pedestrian accessway is required and the width is insufficient or yet to be determined.

PUBLIC OPEN SPACE FOOTNOTES

SF09.01

With regard to Condition______, if endorsement of the Deposited Plan is proposed to be staged, the first Deposited Plan lodged for the Western Australian Planning Commission's endorsement is to include the total Public Open Space area required, identified as a Reserve for Recreation or as otherwise agreed with the City of Belmont and Western Australian Planning Commission.

Staged subdivisions where POS is required.

SF09.02A

With regard to Condition ____, provisions of section 153 of the Planning and Development Act 2005 provide that arrangements can be made, subject to further approval of the Western Australian Planning Commission and the City of Belmont, for a cash-in-lieu contribution by the landowner/applicant to the local government. Please liaise with the City of Belmont for further information.

Subdivision proposals that generate a POS requirement but where the City is prepared to accept cash-in-lieu.

SF09.02B In regard to Condition ____, the City of Belmont hereby supports a cash-in-lieu contribution in accordance with Section 153 of the Planning and Development Act 2005.

SF09.03 In relation to Condition ____, please contact the City of Belmont Engineering Services for more information.

Where drainage sumps and basins are proposed.

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SF09.04 With regard to Condition ____, the development is to include full earthworks, basic reticulation, grassing of key areas, and pathways that form part of the overall pedestrian and/or cycle network.

DEVELOPMENT CONTRIBUTION FOOTNOTES

SF10.01 Condition is in acknowledgement of proposed Amendment No [INSERT VALUE] that is viewed by the City of Belmont as a seriously entertained planning proposal, which will provide for developer contributions for community infrastructure.

SF10.02

Condition is in acknowledgement of the obligations of all landowners within insert number & name of DCA to make a development contribution for public infrastructure. The development contribution applicable to insert address is insert amount . This amount is to be paid to the City of Belmont prior to issue of subdivision clearance. Alternatively, the City may permit the landowner to enter into a legal agreement with the City for an alternative payment arrangement to the satisfaction of the City’s Director Corporate & Governance Services. Please contact the City’s Planning Department for more information in relation to this condition.

Where a development contribution plan is in place that affects the subdivision.

AIRCRAFT NOISE FOOTNOTES

SF13.01

In relation to Condition ____, the s165 Notification shall be registered on the Certificate of Title prior to the issue of subdivision clearance unless otherwise agreed to in writing by the City. Where appropriate, the applicant/owner is encouraged to engage a suitably experienced agent, consultant, or solicitor to prepare and register the notification having regard to the requirements of Landgate and the Office of Titles. All costs of, and incidental to, the preparation of and registration of the s165 Notification shall be met by the applicant/owner of the land.

Where the area is within the 20-25 or 25-30 ANEF areas.

ENVIRONMENTAL FOOTNOTES

SF14.03

Condition ___ makes reference to an “acid sulphate soils self-assessment form”. This form can be downloaded from the Western Australian Planning Commission’s website at: www.planning.wa.gov.au. The “acid sulphate soils self-assessment form” makes reference to the Department of Environment and Conservation’s “Identification and Investigation of Acid Sulphate Soils” guideline. This guideline can be obtained from the Department of Environment and Conservation’s website at: www.dec.wa.gov.au.

Where the property is likely to be affected by acid sulphate soils and there are significant earthworks proposed.

SF14.04

In relation to Condition [INSERT VALUE] and in accordance with regulation 31(1)(c) of the Contaminated Sites Regulations 2006, a Mandatory Auditor’s Report, prepared by an accredited contaminated sites auditor, will need to be submitted to the Department of Environment and Conservation as evidence of compliance with Condition [INSERT VALUE]. A current list of accredited auditors is available from www.dec.wa.gov.au.

Where the property is likely to be contaminated.

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SF14.05

In order to satisfy Condition ____, prior to the commencement of site works, the City of Belmont requires the preparation and submission of a Preliminary Environmental Site Assessment prepared by a suitably qualified environmental consultant to identify any flora and fauna on the site which is considered worthy of retention. If the site is found to contain flora and fauna worthy of retention, recommendations shall be included in the Environmental Site Assessment to the satisfaction of the City’s Manager Parks & Environment to ensure their protection during site works. All development thereafter shall be carried out in accordance with the provisions of the approved Site Assessment. Please liaise with the City’s Coordinator Environment for further information.

Where significant mature vegetation is proposed for retention.

REFUSAL FOOTNOTES

SF20.00

Refusal is recommended as the City does not support applications for survey strata with common property where functional and necessary common property has not been provided. The 1m2 common property proposed is not considered functional or necessary.

This recommendation is based on the Residential Design Codes' grouped dwelling requirements. As the subject parent lot is less than 1000m2 and is situated in a zone classified as Residential R20 it can be assessed as a grouped dwelling with an average lot area of 450m2 as per the Residential Design Codes 6.1.3 A3 Point (iv). Grouped dwellings are required by the R Codes to have common property, and it is the opinion of the City that the common property proposed does not meet these requirements as it is not functional or necessary.

The City considers that functional and necessary common property for grouped dwellings should include use by both proposed lots for vehicle access purposes. As such, the City would consider this application with a functional and necessary common property driveway.

The City is aware that its interpretation of the R Codes on this matter may not be consistent with WAPC's approach, however, until such time as written advice is provided from the Commission regarding interpretation the City will continue to recommend refusal on these types of applications.

Where refusal is issued where the common property is insufficient.

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