minutes of the southern joint development assessment panel... · plans da00, da01, da02 (as amended...

Meeting No.39 17 December 2018

Mr Robert Fenn Presiding Member, Southern JDAP

Minutes of the Southern Joint Development Assessment Panel

Meeting Date and Time: 17 December 2018, 11:00am Meeting Number: SJDAP/39 Meeting Venue: City of Bunbury 4 Stephen Street Bunbury Attendance

DAP Members Mr Robert Fenn (Presiding Member) Mr Vernon Butterly (A/Deputy Presiding Member) Ms Shelly Shepherd (Specialist Member) Cr Murray Cook (Local Government Member, City of Bunbury) Cr Betty McCleary (Local Government Member, City of Bunbury) Officers in attendance Ms Barbara Macaulay (City of Bunbury) Mr Kyle Daly (City of Bunbury) Mr Matthew Young (City of Bunbury) Minute Secretary Ms Cassandra Keir (City of Bunbury) Applicants and Submitters Mr Aaron Lohman (Element) Mr Darren Levey (Uloth and Associates) Mr Rick Gartner (i2C) Mr Thern Robert (NS Projects) Members of the Public / Media There was one member of the public in attendance. 1. Declaration of Opening

The Presiding Member declared the meeting open at 11.00am on 17 December 2018 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011.



The Presiding Member advised that Section 5.16 of the DAP Standing Orders 2017 states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.' The Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Nil

3. Members on Leave of Absence Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

Nil

7. Deputations and Presentations 7.1 Mr Aaron Lohman (Element), Mr Darren Levey (Uloth and

Associates) and Mr Rick Gartner (i2C) addressed the DAP in support of the application at Item 8.1 and responded to questions from the panel.

7.2 Ms Barbara Macaulay (City of Bunbury) addressed the DAP in relation

to the application at Item 8.1.

8. Form 1 – Responsible Authority Reports – DAP Application

8.1a Property Location: Lot 63 Sandridge Road; Lot 68, 69, 70 Pennant Road; and Lot 150 Strickland Street, East Bunbury

Development Description: Proposed demolition (partial), extension and redevelopment of Bunbury Forum Shopping Centre

Applicant: Element Owner: Challenger Life Nominees Pty Ltd Responsible Authority: City of Bunbury DAP File No: DAP/18/01496

https://www.planning.wa.gov.au/7578.aspx



REPORT RECOMMENDATION

Moved by: Cr Murray Cook Seconded by: Mr Vernon Butterly

With the agreement of the mover and seconder, the following minor errors are to be amended:

1. Where reference is made to an officer of the City of Bunbury in a Conditionor an Advice Note, it is to be amended to read as “the City of Bunbury”;

2. Where reference is made to an (RAR) Addendum in an Advice Note, thatreference shall be removed from the Advice Note;

3. Advice Note (c) should refer to Condition 3 not 5;4. Advice Note (d) should refer to Condition 13(a) not Condition 18(a);5. Advice Note (g) should refer to Condition 16(b) not Condition 21(b);6. Advice note (q) should refer to Condition 17 not 21; and7. The value of the project should be recorded as $84 million.

REASON: The Responsible Authority for the enforcement of Conditions is the City of Bunbury not the officers of the City, and there are errors in cross referencing Advice Notes to Conditions and Addendums in the Responsible Authority Report (RAR).

That the Southern JDAP resolves to:

1. Approve DAP Application reference DAP/18/01496 and accompanyingplans DA00, DA01, DA02 (as amended by DA02-1), DA03, DA04, DA05,DA06, DA07, DA08, DA09, DA10, DA11, DA12, DA13 dated 23 November2018, Figure B.15A dated 23 November 2018, and Addendum 1, 2, 3, 4, 5in accordance with Clause 68 of the Planning and Development (LocalPlanning Schemes) Regulations 2015, the City of Bunbury Local PlanningScheme No.8 and the Greater Bunbury Region Scheme, subject to thefollowing conditions:

Conditions/Reasons

1. This decision constitutes development approval only and is valid for aperiod of three (3) years from the date of approval. If the subjectdevelopment is not substantially commenced within the three (3) yearperiod, the approval shall lapse and be of no further effect.

2. At all times, the development the subject of this approval must comply withthe definition of ‘shop’, ‘restaurant/café’, ‘fast food outlet’, ‘cinema/theatre’,‘medical centre’, ‘liquor store - small’, ‘recreation-private’ as contained inDivision 2 of the City of Bunbury Local Planning Scheme No.8.

3. A schedule of exterior materials, colours and finishes must be submittedwith the building permit application for the approval of the City of Bunbury.The subject development must be finished and maintained in accordancewith any approved schedule of materials to the satisfaction of the City ofBunbury.

4. Prior to the lodgement of a building permit, details on the proposed art workto the façade of the development must be submitted to the City of Bunburyfor approval.



5. Prior to the lodgement of a building permit, detailed designs of the proposed

shade sails are to be submitted to the City of Bunbury for approval to ensure that they maintain a visually pleasing streetscape along Pennant Road.

6. Before the development commences, Lot 63, Lot 69 and Lot 70 must be

amalgamated/consolidated into the one certificate of title and the new title issued, with a copy of the new title provided to the City of Bunbury.

Or, alternatively the land owner must enter into a legal agreement with the City of Bunbury to secure the amalgamation/consolidation of the subject land parcels into one certificate of title within a specified time frame. The legal agreement must be at the full cost of the land owner, to the specification of the City’s solicitor and to the satisfaction of the City of Bunbury.

7. External lighting must be designed, baffled and located so as to prevent any

adverse effect on adjoining land to the specifications and satisfaction of the City of Bunbury.

8. Before the development commences, a landscaping plan must be submitted

for the approval of the City of Bunbury. The Landscape Plan must address the following:

A site plan of existing and proposed development with natural and finished ground levels.

The location, species and size of existing vegetation to be retained and vegetation to be removed.

Exact species, location and number of proposed plants.

A key or legend detailing proposed species type grouped under the subheadings of tree, shrub and ground cover.

Mulching or similar treatments of garden beds including edges.

Details of reticulation of landscaped areas including the source of the water supply and proposed responsibility for maintenance.

Treatment of paved areas (parking and pedestrian areas).

Screening of car parking areas.

Fence material, height and treatment.

Before the development is occupied, the landscaped area(s) must be planted, established and reticulated in accordance with the endorsed landscape plan(s). These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury.

9. Existing trees located within the road reserve are to be protected, as

demonstrated in the approved Construction Site Management Plan, during the construction of the development to the satisfaction of the City of Bunbury.

10. Before the development is occupied, a minimum of 50 bicycle parking

spaces (Class 3) are to be provided for visitors in accordance with the City of Bunbury’s Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles.



11. Before the development is occupied, end-of-trip facilities are to be provided, and must include a minimum of 38 bicycle spaces (Class 1 or 2), 38 lockers, and 4 male showers and 4 female showers in separate change rooms, are to be provided in accordance with the City of Bunbury’s Local Planning Policy: Access and Parking for pedestrians, Bicycles and Vehicles.

12. A Signage Precinct Plan is to be submitted prior to the issuance of the

building permit to the satisfaction of the City of Bunbury.

13. Before construction of the development commences, the developer shall make a cash contribution towards the following public works required for this development: (a) The upgrade (retrospective) of the traffic signal intersection at

Pennant and Sandridge Roads. The contribution amount is $248,894, which is equal to one-third of the total cost of the completed works.

(b) The upgrade of the City of Bunbury’s drainage infrastructure that crosses Sandridge Road and discharges into Horseshoe Lake. The contribution amount is $94,000, which is for the total estimated cost of upgrade works.

(c) The upgrade of the Horseshoe Lake and Stubbs Close pump station. The contribution amount is $221,000 towards the pump station upgrades.

14. In respect to conditions 13 (b) and (c), before construction of the

development commences, a Stormwater and Drainage Management Plan, prepared in accordance with the Department for Water’s Stormwater Management Manual and the City’s Local Planning Policy: Stormwater Disposal from Private Properties, is to be submitted for the approval of the City of Bunbury. The Stormwater and Drainage Management Plan shall address: (a) the proposed development; (b) storm events to be managed; (c) overland flow paths for larger events; (d) effect of groundwater; (e) water quality; (f) stormwater treatment train, consisting of gross pollutant traps and

hydrocarbon removal systems for the 1 year 1hr event; (g) protection of adjacent/nearby waterways and wetlands; and (h) conclusions and recommendations.

15. Before the development is occupied, the approved Stormwater and

Drainage Management Plan must be implemented to the satisfaction of the City of Bunbury.

16. Before the development is occupied, the following infrastructure items must

be upgraded to the specifications and satisfaction of the City of Bunbury: (a) The Pennant Road and Driveway 5 intersection is to be upgraded

using a Safe Systems approach and as such will require the preparation of a road safety audit(s) to inform the final design. The road safety audit(s) is to be undertaken by a suitably qualified, independent person who is an IPWEA/Main Roads WA Accredited



Senior Road Safety Auditor. The road safety audit(s) is to be prepared at the full cost of the applicant and to the satisfaction of the City of Bunbury.

(b) Modifications to Pennant Road are to be undertaken including the

removal and remediation of the existing driveway 4 intersection, adjusting Pennant Road to two through lanes on the northbound carriageway, adjusting Pennant Road generally to two through lanes on the southbound carriageway (between Strickland Street and Driveway 5) and provision of street lighting along Pennant Road (between Strickland Street to Driveway 6), all to the satisfaction of the City of Bunbury.

(c) The Sandridge Road and Driveway 8 intersection is to be modified to permit a left-out movement only.

(d) The pedestrian network for the Sandridge Road and Driveway 9 intersection is to be upgraded generally in accordance with Uloth and Associates Figure 4A dated 23 November 2018 to the satisfaction of the City of Bunbury.

(e) Footpaths are to be provided on Pennant Road, Sandridge Road and Strickland Street generally in accordance with the proposed routes detailed in FIG. B.15A (Uloth & Associates dated 23 November 2018). The footpaths are to be connected to the existing path network to the satisfaction of the City of Bunbury and be constructed to a minimum width of 2 metres.

(f) Upgrade to a portion of Strickland Street adjacent to the entertainment/food precinct in accordance with ‘complete streets’ design principles for the fronting portion of Strickland Street illustrated on plan DA02.

Detailed design plans of the above infrastructure upgrades are to be submitted for approval, prior to the commencement of construction, to the specifications and satisfaction of the City of Bunbury.

17. Prior to the relocation of bus embayment on Strickland Street (Bus Stop

Number 71790), details of the proposed works are to be submitted to the City of Bunbury in accordance with the procedures and specifications outlined in the Public Transport Authority’s Transport Bus Stop Site – Layout Guidelines. The landowner is responsible for all costs associated with the relocation of the bus stop. The relocation of the bus embayment is to be completed prior to occupation and to the satisfaction of the City of Bunbury.

18. Before construction of the development commences, a damage bond to the

value of $100,000 must be paid to the City of Bunbury in accordance with the City of Bunbury’s Local Planning Policy: Bonds.

19. Before construction of the development commences, a Construction

Management Plan must be submitted to, and approved by the City. The Construction Management Plan must address the following issues, where applicable:



a) Public safety and amenity; b) Site plan and security; c) Contact details of essential site personnel, construction period and

operating hours; d) Community information, consultation and complaints management

plan; e) Noise, vibration, and dust management; f) Dilapidation reports of nearby properties; g) Traffic, access and parking management; h) Waste management and materials re-use; i) Earthworks, excavation, land retention/piling and associated matters; j) Stormwater and sediment control; k) Street tree management and protection; and l) Any other matters deemed appropriate by the City.

The Construction Management Plan as approved by the City of Bunbury and must be complied with at all times during construction.

20. The subject land is situated on the Preston River Flood Fringe and is

susceptible to flooding. Building construction shall have a minimum finished floor level of 2.7m AHD.

21. Before construction of the development commences, detailed car park

design plans for all access, car parking, bicycle and pedestrian movement requirements and trolley bay provision, in accordance with the relevant Australian Standards, Austroads Guidelines to the satisfaction of the City of Bunbury.

22. Before the development is occupied, a minimum of 1,312 car parking bays

must be provided on the land the subject of this development approval and to the satisfaction of the City of Bunbury of which, a minimum of 27 car parking bays must be provided for the exclusive use of disabled persons in accordance with AS/NZS 2890.6:2009 and to the satisfaction of the City of Bunbury.

23. Before the development is occupied, the car parking areas must:

a) Be constructed, kerbed, graded, drained and finished with a sealed or

paved surface, in accordance with the approved detailed car park design plans;

b) Line marking and parking signage installed, in accordance with the approved detailed car park design plans; and

c) Lighting installed to pedestrian access way and parking areas, in accordance with the approved detailed car park design plans.

The car parking areas must comply with the above requirements for the duration of the development.

24. Before the development is occupied, any alterations, relocation and/or

damage of existing infrastructure within the road reserve shall be completed and/or reinstated to the specification and satisfaction of the City of Bunbury.

25. Before the development is occupied, all proposed crossovers shown on the



approved plans and detailed in the verge crossover permit are to be constructed and subsequently maintained to the satisfaction of the City of Bunbury. Existing crossovers which are disused or redundant must be removed and the area reinstated to the satisfaction of the City of Bunbury. Where new crossovers are proposed, a verge crossover permit will be required.

26. Before the development is occupied, the existing McDonalds restaurant is to

cease operation and all proposed car parking and road improvements are to be constructed in accordance with the approved plans to the satisfaction of the City of Bunbury.

27. Before the development is occupied, a Servicing/Access Management Plan

is to be submitted to the City of Bunbury for approval. The plan is to provide supporting information describing how loading and servicing will take place and operate in an acceptable manner noting that the right-turn movement from Pennant Road onto Strickland Street is to be avoided for 19m semi-trailer vehicles. The Servicing/Access Management Plan as approved by the City must be complied with at all times to the satisfaction of the City of Bunbury.

28. Before the development is occupied, the property must be connected to the

Water Corporation reticulated sewerage and water system.

29. Before the development commences, a waste management plan is to be submitted for the approval of the City of Bunbury. The plan will detail how and where waste produced during the operation the subject of this approval will be stored, handled and removed.

30. An Acoustic Report is to be submitted to the satisfaction of the City of

Bunbury and approved prior to the issuance of a Building Permit. Before the development is occupied, the outcomes and recommendations of the approved acoustic report must be implemented on site to the satisfaction of the City of Bunbury.

Advice Notes: a) This is a development approval only. The applicant/owner is advised that it

is their responsibility to ensure that the proposed development complies with all other applicable legislation, local laws and/or license requirements that may relate to the development.

b) The City of Bunbury advises that the approved ‘medical centre’ is for

consulting rooms only. Should a dedicated area be proposed for the treatment of patients, an application for development approval is required to be submitted with a Development Impact Statement in accordance with Local Planning Policy- Access & Parking for Pedestrian, bicycles and Vehicles.

c) In relation to Condition 3, the City recommends the existing façade

proposed to be retained is upgraded to match and blend with the approved development.

d) In relation to Condition 13 (a), the City of Bunbury may accept that the cash



contribution required in Condition 13 (a) be credited towards the requirement to upgrade Strickland Street subject to a Streetscape plan being submitted for the length of Strickland Street to the satisfaction of the City of Bunbury.

e) The City of Bunbury advises that the proposed development (i.e. awnings

and timber feature) located outside of the lot boundaries are not included with this application and may require separate approval from the Department of Planning, Lands and Heritage.

f) The development the subject of this development approval is also regulated

by the Western Australia Building Act 2011, Building Regulations 2012 and Building Code of Australia. A separate building permit must be granted before the development commences, where offences occur statutory penalties apply. The owner is advised to liaise further with the City of Bunbury on (08) 9792 7000.

g) In relation to condition 16 (b), the City recognises that the outcomes of the

road safety audit(s) may require modifications to the Pennant Road configuration.

h) The owner, builder and applicant are reminded of their obligation to ensure

that all sand drift, waste, building materials and equipment is contained within the boundaries of the site during the construction period.

i) The City advises that all regulatory line marking and signage within the road

reserve also requires separate approval of Main Roads Western Australia.

j) With reference to the condition requiring an acoustic report to be submitted, it is advised the report must be prepared by a qualified acoustic engineer, who is a member of the Australian Acoustical Society, detailing the possible noise emissions from the development and comparing to relevant noise criteria. The acoustic report shall address, but not limited to, noise emissions from the following sources:

I. Delivery vehicles and loading docks; II. Mechanical services and plant;

III. External bin areas; IV. Proposed tenancy uses, for example, restaurants, gym, cinema; V. Site cleaning and maintenance processes, for example, road

sweepers and cleaning machines.

Should the predicted/ measured results not comply with the criteria, the report must detail appropriate actions and mitigation measures to be undertaken to ensure that noise emissions do not contravene the provisions of the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997. The report will be at the full cost of the owner/applicant and must be submitted for the endorsement of the City of Bunbury. All construction works completed as part of the acoustic requirements detailed in the report shall be verified and documented by an appropriately qualified person. A copy of this certification will be required to be provided to the City’s Environmental Health Services. Operational management plans



required to be implemented to satisfy the requirements of the acoustic report are to be provided to the City’s Environmental Health Services prior to commencement of operation. For further information regarding the above requirements, please contact the City’s Environmental Health Services on (08) 9792 7100.

k) Any demolition work involving asbestos must be in accordance with the

Health (Asbestos) Regulations 1992.

l) The City of Bunbury advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions, and Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment. Further information can be obtained from the City of Bunbury on (08) 9792 7100 or (08) 9792 7000.

m) The premises and equipment the subject of this development approval is

required to comply with clause 3.2.3 of the Australian Food Safety Standards.

Regardless of whether a building permit is required, application shall be made to the City of Bunbury for assessment and approval prior to commencing development. Two (2) sets of scaled plans (minimum 1:100) and specifications detailing the design and fit out shall be submitted to Environmental Health Services and shall include the following information:

the use of each room/area;

the structural finishes of walls, floors, ceilings, benches, shelves and other surfaces;

the position and type of all fixtures, fittings and equipment;

all sanitary conveniences, floor wastes/bucket traps/cleaner’s sinks, grease traps, etc;

waste storage and disposal areas;

plans and specifications of the mechanical exhaust system if cooking is to take place in the food business;

specifications of all cooking equipment (stoves, ovens, fryers, etc);

elevations of food handling and storage areas; and

details of the types of food being prepared or sold. Please refer to the City of Bunbury’s Requirements for the Establishment, Construction and Fit Out of Food Premises available on the website at www.bunbury.wa.gov.au. A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation. Further information may be obtained from the City of Bunbury on (08) 9792 7100.

n) The development is defined as a “Food Business” under the Food Act 2008. The development must comply with the Food Act 2008 and Food



Regulations 2009. Further information can be obtained from the City of Bunbury on (08) 9792 7100 or (08) 9792 7000.

o) It is advised that a number of the land uses proposed for example, cinema

and gym, are to comply with the requirements of the Health (Public Buildings) Regulations 1992. Regardless of whether a building permit is required, application shall be made to the City of Bunbury for assessment and approval prior to the commencement of development.

Two (2) sets of scaled plans (minimum of 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information:

location and width of emergency exits;

location of emergency exit signage;

location and number of sanitary facilities;

emergency lighting; and

intended use of each public building area.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation. In particular, the building must not be opened to the public until a Certificate of Approval or a Variation of Certificate of Approval has been issued by the City in accordance with section 178 of the Health (Miscellaneous Provisions) Act 1911. Further information can be obtained from the City of Bunbury on (08) 9792 7100 or (08) 9792 7000. Please note, the Health (Public Buildings) Regulations 1992 contain construction requirements that may be in addition to requirements contained in the Building Code of Australia. The applicant should ensure that relevant requirements in these Regulations have been incorporated into the development design from the outset. Neglecting to do so may result in costly post-construction alterations or delays to the development process.

p) Please be advised that specific types of tenancies such as beauty therapists

and hairdressers require a separate Environmental Health Services fit out approval prior to commencing operation.

q) With reference to Condition 17 in regards to the relocation of the Bus Stop

(No. 71790), further information from the Public Transport Authority in regards to the information that is required to be submitted and approved prior to commencement of works.

r) Western Power advises the following:

that any development on the subject site shall be designed and constructed to protect Western Power infrastructure and interests from potential land use conflict, considering network safety. Refer to: https://westernpower.com.au/safety/360-aware/industry-safety/

It is the landowner’s responsibility to ensure that the design and construction of any new structure on the land complies with all applicable laws including, without limitation, clearance requirements of electrical infrastructure. It is recommend a suitably qualified independent person (surveyor, architect, engineer) is engaged to



undertake an assessment of the proposed development to ensure that best methods of construction are utilised and compliance with all applicable laws (including clearance requirements of electrical infrastructure in general and those specified under Occupational Safety and Health Regulations 1996 (WA).

s) Prior to the commencement of works, approval from the Building Services

section of the Water Corporation is required. Infrastructure contributions and fees may be required to be paid prior to approval being issued.

t) Prior to the commencement of any works, ATCO Gas is to be consulted to

ensure ATCO can continue to meet customer requirements.

u) The City notes that there may be a possibility of medium to high risk of the existence of Acid Sulfate Soils (ASS) on the land concerned. At the time of subdivision and/or, at the time of the construction of any buildings/structures on the land, the applicant is to ensure compliance with all relevant legislation and/or standards in this regard.

AMENDING MOTION Moved by: Cr Murray Cook Seconded by: Cr Betty McCleary The following amendments were moved en bloc: Conditions (i) That Condition 16 (c) be amended to read as follows:

Upgrade to the portion of Strickland Street adjacent to the entertainment / food precinct to in accordance with ‘complete streets’ design principles for the fronting portion of Strickland Street illustrated in Addendum 1 on Plan DA02.

REASON: The amended condition details the plan to which the condition refers. (ii) That Condition 18 be deleted and remaining Conditions renumbered

accordingly.

REASON: The condition is not a valid planning condition and is moved to an Advice Note to clarify the Applicant’s obligations under the policy (iii) That Condition 21 (now Condition 20) be amended to read as follows:

Before construction of the development commences, the applicant shall submit detailed car parking design plans for all access, car parking, bicycle and pedestrian movement requirements and trolley bay provision, in accordance with the relevant Australian Standards and Austroads Guidelines and to the satisfaction of the City of Bunbury requirements.

REASON: To clarify the condition.



(iv) That Condition 25 be deleted and remaining Conditions renumbered accordingly.

REASON: Developer’s requirements on site access adequately defined in other conditions. (v) That Condition 27 (now Condition 25) be amended to read as follows:

Before the development is occupied, a revised Servicing/Access Management Plan is to be submitted to the City of Bunbury for approval. The Plan is to provide supporting information describing how loading and servicing will take place and operate in and acceptable manner noting that the right turn movement from Pennant Road onto Strickland Street is to be avoided for 19m semi-trailer vehicles. The Servicing/Access Management Plan as approved by the City shall be provided to all tenants affected by the Plan and must be complied with at all times to the satisfaction of the City of Bunbury.

REASON: The approved development has the capacity to affect servicing and access arrangements to all site tenants. Advice Notes (vi) That Advice Note (b) be deleted and remaining Advice Notes renumbered

accordingly. REASON: Adequately accommodated within existing traffic report. (vii) That a new Advice Note be added to read as follows:

A damage bond to the value of $100,000 is to be paid to the City of Bunbury in accordance with the City of Bunbury’s “Local Planning Policy: Bonds”.

REASON: To clarify the Applicant’s obligations under the policy. (viii) That Advice Note (c) (now Advice Note (b)) is amended to read as follows:

In relation to addition to the building works to be undertaken under condition 5, the City recommends encourages the Applicant to introduce public art, paint and/or affix panels to the existing façade proposed to be retained is upgraded to match and blend with the approved development.

REASON: To encourage a consistent appearance for the built form on the site. The Amending Motion was put and CARRIED UNANIMOUSLY. REPORT RECOMMENDATION (AS AMENDED) That the Southern JDAP resolves to: 1. Approve DAP Application reference DAP/18/01496 and accompanying

plans DA00, DA01, DA02 (as amended by DA02-1), DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA10, DA11, DA12, DA13 dated 23 November



2018, Figure B.15A dated 23 November 2018, and Addendum 1, 2, 3, 4, 5 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, the City of Bunbury Local Planning Scheme No.8 and the Greater Bunbury Region Scheme, subject to the following conditions:

Conditions/Reasons 1. This decision constitutes development approval only and is valid for a

period of three (3) years from the date of approval. If the subject development is not substantially commenced within the three (3) year period, the approval shall lapse and be of no further effect.

2. At all times, the development the subject of this approval must comply with

the definition of ‘shop’, ‘restaurant/café’, ‘fast food outlet’, ‘cinema/theatre’, ‘medical centre’, ‘liquor store - small’, ‘recreation-private’ as contained in Division 2 of the City of Bunbury Local Planning Scheme No.8.

3. A schedule of exterior materials, colours and finishes must be submitted

with the building permit application for the approval of the City of Bunbury. The subject development must be finished and maintained in accordance with any approved schedule of materials to the satisfaction of the City of Bunbury.

4. Prior to the lodgement of a building permit, details on the proposed art work

to the façade of the development must be submitted to the City of Bunbury for approval.

5. Prior to the lodgement of a building permit, detailed designs of the proposed

shade sails are to be submitted to the City of Bunbury for approval to ensure that they maintain a visually pleasing streetscape along Pennant Road.

6. Before the development commences, Lot 63, Lot 69 and Lot 70 must be

amalgamated/consolidated into the one certificate of title and the new title issued, with a copy of the new title provided to the City of Bunbury.

Or, alternatively the land owner must enter into a legal agreement with the City of Bunbury to secure the amalgamation/consolidation of the subject land parcels into one certificate of title within a specified time frame. The legal agreement must be at the full cost of the land owner, to the specification of the City’s solicitor and to the satisfaction of the City of Bunbury.

7. External lighting must be designed, baffled and located so as to prevent any

adverse effect on adjoining land to the specifications and satisfaction of the City of Bunbury.

8. Before the development commences, a landscaping plan must be submitted

for the approval of the City of Bunbury. The Landscape Plan must address the following:

A site plan of existing and proposed development with natural and finished ground levels.



The location, species and size of existing vegetation to be retained and vegetation to be removed.

Exact species, location and number of proposed plants.

A key or legend detailing proposed species type grouped under the subheadings of tree, shrub and ground cover.

Mulching or similar treatments of garden beds including edges.

Details of reticulation of landscaped areas including the source of the water supply and proposed responsibility for maintenance.

Treatment of paved areas (parking and pedestrian areas).

Screening of car parking areas.

Fence material, height and treatment.

Before the development is occupied, the landscaped area(s) must be planted, established and reticulated in accordance with the endorsed landscape plan(s). These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury.

9. Existing trees located within the road reserve are to be protected, as

demonstrated in the approved Construction Site Management Plan, during the construction of the development to the satisfaction of the City of Bunbury.

10. Before the development is occupied, a minimum of 50 bicycle parking

spaces (Class 3) are to be provided for visitors in accordance with the City of Bunbury’s Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles.

11. Before the development is occupied, end-of-trip facilities are to be provided

and must include a minimum of 38 bicycle spaces (Class 1 or 2), 38 lockers, and 4 male showers and 4 female showers in separate change rooms, are to be provided in accordance with the City of Bunbury’s Local Planning Policy: Access and Parking for pedestrians, Bicycles and Vehicles.

12. A Signage Precinct Plan is to be submitted prior to the issuance of the

building permit to the satisfaction of the City of Bunbury. 13. Before construction of the development commences, the developer shall

make a cash contribution towards the following public works required for this development: (a) The upgrade (retrospective) of the traffic signal intersection at

Pennant and Sandridge Roads. The contribution amount is $248,894, which is equal to one-third of the total cost of the completed works.

(b) The upgrade of the City of Bunbury’s drainage infrastructure that crosses Sandridge Road and discharges into Horseshoe Lake. The contribution amount is $94,000, which is for the total estimated cost of upgrade works.

(c) The upgrade of the Horseshoe Lake and Stubbs Close pump station. The contribution amount is $221,000 towards the pump station upgrades.

14. In respect to conditions 13 (b) and (c), before construction of the

development commences, a Stormwater and Drainage Management Plan, prepared in accordance with the Department for Water’s Stormwater



Management Manual and the City’s Local Planning Policy: Stormwater Disposal from Private Properties, is to be submitted for the approval of the City of Bunbury. The Stormwater and Drainage Management Plan shall address: (a) the proposed development; (b) storm events to be managed; (c) overland flow paths for larger events; (d) effect of groundwater; (e) water quality; (f) stormwater treatment train, consisting of gross pollutant traps and

hydrocarbon removal systems for the 1 year, 1 hour event; (g) protection of adjacent/nearby waterways and wetlands; and (h) conclusions and recommendations.

15. Before the development is occupied, the approved Stormwater and

Drainage Management Plan must be implemented to the satisfaction of the City of Bunbury.

16. Before the development is occupied, the following infrastructure items must

be upgraded to the specifications and satisfaction of the City of Bunbury: (a) The Pennant Road and Driveway 5 intersection is to be upgraded

using a Safe Systems approach and as such will require the preparation of a road safety audit(s) to inform the final design. The road safety audit(s) is to be undertaken by a suitably qualified, independent person who is an IPWEA/Main Roads WA Accredited Senior Road Safety Auditor. The road safety audit(s) is to be prepared at the full cost of the applicant and to the satisfaction of the City of Bunbury.

(b) Modifications to Pennant Road are to be undertaken including the

removal and remediation of the existing driveway 4 intersection, adjusting Pennant Road to two through lanes on the northbound carriageway, adjusting Pennant Road generally to two through lanes on the southbound carriageway (between Strickland Street and Driveway 5) and provision of street lighting along Pennant Road (between Strickland Street to Driveway 6), all to the satisfaction of the City of Bunbury.

(c) The Sandridge Road and Driveway 8 intersection is to be modified to

permit a left-out movement only. (d) The pedestrian network for the Sandridge Road and Driveway 9

intersection is to be upgraded generally in accordance with Uloth and Associates Figure 4A dated 23 November 2018 to the satisfaction of the City of Bunbury.

(e) Footpaths are to be provided on Pennant Road, Sandridge Road and

Strickland Street generally in accordance with the proposed routes detailed in FIG. B.15A (Uloth & Associates dated 23 November 2018). The footpaths are to be connected to the existing path network to the satisfaction of the City of Bunbury and be constructed to a minimum width of 2 metres.



(f) Upgrade to a portion of Strickland Street adjacent to the

entertainment/food precinct in accordance with ‘complete streets’ design principles for the fronting portion of Strickland Street illustrated on Plan DA02.

Detailed design plans of the above infrastructure upgrades are to be submitted for approval, prior to the commencement of construction, to the specifications and satisfaction of the City of Bunbury.

17. Prior to the relocation of bus embayment on Strickland Street (Bus Stop

Number 71790), details of the proposed works are to be submitted to the City of Bunbury in accordance with the procedures and specifications outlined in the Public Transport Authority’s Transport Bus Stop Site – Layout Guidelines. The landowner is responsible for all costs associated with the relocation of the bus stop. The relocation of the bus embayment is to be completed prior to occupation and to the satisfaction of the City of Bunbury.

18. Before construction of the development commences, a Construction

Management Plan must be submitted to, and approved by the City. The Construction Management Plan must address the following issues, where applicable:

(a) Public safety and amenity; (b) Site plan and security; (c) Contact details of essential site personnel, construction period and

operating hours; (d) Community information, consultation and complaints management

plan; (e) Noise, vibration, and dust management; (f) Dilapidation reports of nearby properties; (g) Traffic, access and parking management; (h) Waste management and materials re-use; (i) Earthworks, excavation, land retention/piling and associated matters; (j) Stormwater and sediment control; (k) Street tree management and protection; and (l) Any other matters deemed appropriate by the City.

The Construction Management Plan as approved by the City of Bunbury and must be complied with at all times during construction.

19. The subject land is situated on the Preston River Flood Fringe and is

susceptible to flooding. Building construction shall have a minimum finished floor level of 2.7m AHD.

20. Before construction of the development commences, the applicant shall

submit detailed plans for all access, car parking, bicycle and pedestrian movement requirements and trolley bay provision, in accordance with the relevant Australian Standards and Austroads Guidelines to the satisfaction of the City of Bunbury.

21. Before the development is occupied, a minimum of 1,312 car parking bays

must be provided on the land the subject of this development approval and



to the satisfaction of the City of Bunbury of which, a minimum of 27 car parking bays must be provided for the exclusive use of disabled persons in accordance with AS/NZS 2890.6:2009 and to the satisfaction of the City of Bunbury.

22. Before the development is occupied, the car parking areas must:

(a) Be constructed, kerbed, graded, drained and finished with a sealed or

paved surface, in accordance with the approved detailed car park design plans;

(b) Line marking and parking signage installed, in accordance with the approved detailed car park design plans; and

(c) Lighting installed to pedestrian access way and parking areas, in accordance with the approved detailed car park design plans.

The car parking areas must comply with the above requirements for the duration of the development.

23. Before the development is occupied, any alterations, relocation and/or

damage of existing infrastructure within the road reserve shall be completed and/or reinstated to the specification and satisfaction of the City of Bunbury.

24. Before the development is occupied, the existing McDonalds restaurant is to

cease operation and all proposed car parking and road improvements are to be constructed in accordance with the approved plans to the satisfaction of the City of Bunbury.

25. Before the development is occupied, a revised Servicing/Access

Management Plan is to be submitted to the City of Bunbury for approval. The plan is to provide supporting information describing how loading and servicing will take place and operate in an acceptable manner. The Servicing/Access Management Plan as approved by the City shall be provided to all tenants affected by the Plan and must be complied with at all times to the satisfaction of the City of Bunbury.

26. Before the development is occupied, the property must be connected to the

Water Corporation reticulated sewerage and water system.

27. Before the development commences, a waste management plan is to be submitted for the approval of the City of Bunbury. The plan will detail how and where waste produced during the operation the subject of this approval will be stored, handled and removed.

28. An Acoustic Report is to be submitted to the satisfaction of the City of

Bunbury and approved prior to the issuance of a Building Permit. Before the development is occupied, the outcomes and recommendations of the approved acoustic report must be implemented on site to the satisfaction of the City of Bunbury.

Advice Notes: (a) This is a development approval only. The applicant/owner is advised that it

is their responsibility to ensure that the proposed development complies with all other applicable legislation, local laws and/or license requirements



that may relate to the development.

(b) In addition to the building works to be undertaken under Condition 5, the City encourages the Applicant to introduce public art, paint and/or affix panels to the existing façade proposed to be retained to match and blend with the approved development.

(c) In relation to Condition 13 (a), the City of Bunbury may accept that the cash

contribution required in Condition 13 (a) be credited towards the requirement to upgrade Strickland Street subject to a Streetscape plan being submitted for the length of Strickland Street identified in Plan DA02 to the satisfaction of the City of Bunbury.

(d) The City of Bunbury advises that the proposed development (i.e. awnings

and timber feature) located outside of the lot boundaries are not included with this application and may require separate approval from the Department of Planning, Lands and Heritage.

(e) The development the subject of this development approval is also regulated

by the Western Australia Building Act 2011, Building Regulations 2012 and Building Code of Australia. A separate building permit must be granted before the development commences, where offences occur statutory penalties apply. The owner is advised to liaise further with the City of Bunbury on (08) 9792 7000.

(f) In relation to Condition 16 (b), the City recognises that the outcomes of the

road safety audit(s) may require modifications to the Pennant Road configuration.

(g) The owner, builder and applicant are reminded of their obligation to ensure

that all sand drift, waste, building materials and equipment is contained within the boundaries of the site during the construction period.

(h) The City advises that all regulatory line marking and signage within the road

reserve also requires separate approval of Main Roads Western Australia.

(i) With reference to the condition requiring an acoustic report to be submitted, it is advised the report must be prepared by a qualified acoustic engineer, who is a member of the Australian Acoustical Society, detailing the possible noise emissions from the development and comparing to relevant noise criteria. The acoustic report shall address, but not limited to, noise emissions from the following sources:

I. Delivery vehicles and loading docks; II. Mechanical services and plant; III. External bin areas; IV. Proposed tenancy uses, for example, restaurants, gym, cinema; V. Site cleaning and maintenance processes, for example, road

sweepers and cleaning machines.

Should the predicted/ measured results not comply with the criteria, the report must detail appropriate actions and mitigation measures to be undertaken to ensure that noise emissions do not contravene the provisions of the Environmental Protection Act 1986 and the Environmental Protection



(Noise) Regulations 1997. The report will be at the full cost of the owner/applicant and must be submitted for the endorsement of the City of Bunbury. All construction works completed as part of the acoustic requirements detailed in the report shall be verified and documented by an appropriately qualified person. A copy of this certification will be required to be provided to the City of Bunbury. Operational management plans required to be implemented to satisfy the requirements of the acoustic report are to be provided to the City of Bunbury prior to commencement of operation. For further information regarding the above requirements, please contact the City on (08) 9792 7100.

(j) Any demolition work involving asbestos must be in accordance with the

Health (Asbestos) Regulations 1992.

(k) The City of Bunbury advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions, and Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment. Further information can be obtained from the City on (08) 9792 7100 or (08) 9792 7000.

(l) The premises and equipment the subject of this development approval is

required to comply with clause 3.2.3 of the Australian Food Safety Standards.

Regardless of whether a building permit is required, application shall be made to the City of Bunbury for assessment and approval prior to commencing development. Two (2) sets of scaled plans (minimum 1:100) and specifications detailing the design and fit out shall be submitted to the City of Bunbury and shall include the following information:

the use of each room/area;

the structural finishes of walls, floors, ceilings, benches, shelves and other surfaces;

the position and type of all fixtures, fittings and equipment;

all sanitary conveniences, floor wastes/bucket traps/cleaner’s sinks, grease traps, etc;

waste storage and disposal areas;

plans and specifications of the mechanical exhaust system if cooking is to take place in the food business;

specifications of all cooking equipment (stoves, ovens, fryers, etc);

elevations of food handling and storage areas; and

details of the types of food being prepared or sold. Please refer to the City of Bunbury’s Requirements for the Establishment, Construction and Fit Out of Food Premises available on the website at www.bunbury.wa.gov.au.



A final inspection of the premises will be required to be carried out by City of Bunbury prior to commencing operation. Further information may be obtained from the City of Bunbury on (08) 9792 7100.

(m) The development is defined as a “Food Business” under the Food Act 2008. The development must comply with the Food Act 2008 and Food Regulations 2009. Further information can be obtained from the City of Bunbury on (08) 9792 7100 or (08) 9792 7000.

(n) It is advised that a number of the land uses proposed for example, cinema

and gym, are to comply with the requirements of the Health (Public Buildings) Regulations 1992. Regardless of whether a building permit is required, application shall be made to the City of Bunbury for assessment and approval prior to the commencement of development.

Two (2) sets of scaled plans (minimum of 1:100) and specifications shall be submitted to the City of Bunbury and shall include the following information:

location and width of emergency exits;

location of emergency exit signage;

location and number of sanitary facilities;

emergency lighting; and

intended use of each public building area.

A final inspection of the premises will be required to be carried out by the City of Bunbury prior to commencing operation. In particular, the building must not be opened to the public until a Certificate of Approval or a Variation of Certificate of Approval has been issued by the City in accordance with section 178 of the Health (Miscellaneous Provisions) Act 1911. Further information can be obtained from the City of Bunbury on (08) 9792 7100 or (08) 9792 7000. Please note, the Health (Public Buildings) Regulations 1992 contain construction requirements that may be in addition to requirements contained in the Building Code of Australia. The applicant should ensure that relevant requirements in these Regulations have been incorporated into the development design from the outset. Neglecting to do so may result in costly post-construction alterations or delays to the development process.

(o) Please be advised that specific types of tenancies such as beauty therapists

and hairdressers require a separate City of Bunbury fit out approval prior to commencing operation.

(p) With reference Condition 17 in regards to the relocation of the Bus Stop

(No. 71790), further information can be obtained from the Public Transport Authority in regards to the information that is required to be submitted and approved prior to commencement of works.

(q) Western Power advises the following:

that any development on the subject site shall be designed and constructed to protect Western Power infrastructure and interests from potential land use conflict, considering network safety. Refer to:



https://westernpower.com.au/safety/360-aware/industry-safety/

It is the landowner’s responsibility to ensure that the design and construction of any new structure on the land complies with all applicable laws including, without limitation, clearance requirements of electrical infrastructure. It is recommend a suitably qualified independent person (surveyor, architect, engineer) is engaged to undertake an assessment of the proposed development to ensure that best methods of construction are utilised and compliance with all applicable laws (including clearance requirements of electrical infrastructure in general and those specified under Occupational Safety and Health Regulations 1996 (WA).

(r) Prior to the commencement of works, approval from the Building Services

section of the Water Corporation is required. Infrastructure contributions and fees may be required to be paid prior to approval being issued.

(s) Prior to the commencement of any works, ATCO Gas is to be consulted to

ensure ATCO can continue to meet customer requirements.

(t) The City notes that there may be a possibility of medium to high risk of the existence of Acid Sulfate Soils (ASS) on the land concerned. At the time of subdivision and/or, at the time of the construction of any buildings/structures on the land, the applicant is to ensure compliance with all relevant legislation and/or standards in this regard.

(u) A damage bond to the value of $100,000 is to be paid to the City of Bunbury

in accordance with the City of Bunbury’s “Local Planning Policy: Bonds”. The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY. REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. The Presiding Member advised that the DAP is required to independently consider the application, first against the City of Bunbury Local Planning Scheme 8 and then independently under the Greater Bunbury Region Scheme. An additional agenda item has been included for the latter matter. A separate Responsible Authority Report has not been made available to the DAP for the Greater Bunbury Region Scheme assessment, nor a separate recommendation provided, but that anomaly does not preclude the DAP from considering that matter. 8.1b Property Location: Lot 63 Sandridge Road;

Lot 68, 69, 70 Pennant Road; and Lot 150 Strickland Street, East Bunbury

Development Description: Proposed demolition (partial), extension and redevelopment of Bunbury Forum Shopping Centre

Applicant: Element Owner: Challenger Life Nominees Pty Ltd Responsible Authority: Western Australian Planning Commission DAP File No: DAP/18/01496



MOTION Moved by: Mr Vernon Butterly Seconded by: Cr Murray Cook That the Southern JDAP resolves to: Approve DAP Application reference DAP/18/01496 and accompanying plans DA00, DA01, DA02 (as amended by DA02-1), DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA10, DA11, DA12, DA13 dated 23 November 2018, Figure B.15A dated 23 November 2018, and Addendum 1, 2, 3, 4, 5 in accordance with Clause 24 of the Greater Bunbury Region Scheme, subject to the following conditions: 1. This decision constitutes development approval only and is valid for a period

of three (3) years from the date of the approval.

2. The applicant shall submit to the WAPC and secure approval for a traffic report, road safety audit and detailed plans for measures to be implemented to provide safe access and egress to Sandridge Road from the subject land or through existing road intersections. Those measures are to be implemented by the Applicant to ensure the functionality of Sandridge Road as a regional road is not compromised.

Advice Note: (a) The WAPC shall seek the advice of the City of Bunbury and Main Roads WA

on the measures proposed in condition 2 by the Applicant. The Motion was put and CARRIED UNANIMOUSLY. REASON: The proposed development has the potential to significantly increase traffic onto the regional road reservation identified in the Greater Bunbury Region Scheme. 9. Form 2 – Responsible Authority Reports – Amending or cancelling

DAP development approval

Nil 10. Appeals to the State Administrative Tribunal

Nil

11. General Business / Meeting Close

The Presiding Member announced that in accordance with Section 7.3 of DAP Standing Order 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the Presiding Member declared the meeting closed at 12.15pm.

minutes of the southern joint development assessment panel... · plans da00, da01, da02 (as amended...

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