proposed structure plan - lots 1, 3, 11, 12, 25, 139, 140 ... · ordinary meeting of council 16...

Ordinary Meeting of Council 16 December 2015

3.4 PROPOSED STRUCTURE PLAN - LOTS 1, 3, 11, 12, 25, 139, 140, & 151 GREAT NORTHERN HIGHWAY, LOTS 2, 141 & 207 BUTTERNAB ROAD, LOTS 1, 150, 204, 209 & 504 DEWAR ROAD AND LOTS 7, 152, 153 & 202 WARREN ROAD, BULLSBROOK (SP-035)

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• A proposed Structure Plan (LSP3) has been submitted for approximately 126 hectares of land (21 individual properties) situated north of Warren Road, west of the Great Northern Highway and south and east of RAAF Base Pearce, in Bullsbrook. The land is part of what is referred to as the South Bullsbrook Industrial Precinct which comprises some 429 hectares of land zoned 'Industrial' under the Metropolitan Region Scheme (MRS) and 'Special Use Zone No.22' under the City’s Local Planning Scheme No.17 (LPS17).

• The Nambad Brook runs through the middle of this roughly triangular shaped structure plan area with the Ki-it Brook traversing the northern portion.

• The proposed Structure Plan has been prepared by Urbanplan on behalf of two of the landowners - Total Site Services Pty Ltd and Kain and Shelton Pty Ltd.

• The balance of the South Bullsbrook Industrial Precinct land is subject of two separate approved Structure Plans.

• Fundamentally the proposed Structure Plan identifies the land as being zoned 'General Industrial' with local reserves for foreshore management encompassing the Nambad Brook and incorporated wetlands and the Ki-It Brook. An internal road network of three roads (Butternab Road, Dewar Road and a western perimeter road) are proposed with three connections to The Great Northern Highway and two connections to Warren Road.

• The proposed Structure Plan underwent public consultation for a period of 42 days in February and March of 2014. A total of 14 submissions were received from the public, 8 of these being from landowners within the proposed structure plan area, of which 5 were objections variously on the ground of opposition to the designation of roads and/or foreshore reserves and/or drainage basins on their property and with the associated costs for such infrastructure to be levied through a proposed Development Contribution Plan (DCP).

• The proposed Structure Plan, inclusive of the accompanying Local Water Management Strategy and Wetland and Waterway Management Strategy were referred to the Department of Water and the Rivers and Estuaries Division of the Department of Parks and Wildlife. In response to the most recent comment from these agencies, a fifth updated version of these documents has been provided. This has not yet been reviewed by those agencies, however the remaining outstanding issues appear to be: insufficient surface water quality


monitoring, the adequacy of ATU waste water systems, conceptual details of basins and swales and treatment methods to preserve water quality, the location of drainage basins outside of the foreshore reserves and the adequacy of management measures for the Nambad brook and associated wetlands.

• Referrals were also made to the Department of Aboriginal Affairs, Main Roads WA, Department of Defence, Western Power and Water Corporation. Main Roads has recommended some realignment of the extension of Dewar Road to provide a north-south spine road connection with the approved structure plan to the south. The other referral agencies have no objection to the proposed plan.

• Whilst the applicant’s latest water management documents have addressed many of the identified deficiencies of the earlier versions, City staff cannot recommend that the Council recommend the Western Australian Planning Commission approve the structure plan in the absence of further advice as to their adequacy by the Department of Water and Department of Parks and Wildlife.

It is recommended that Council resolve to recommend the Western Australian Planning Commission refuse the proposed Structure Plan.

AUTHORITY/DISCRETION

Clause 22(1) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, operational from 19 October 2015, provides the Western Australian Planning Commission (WAPC) with power to approve, with or without modifications, or refuse to approve the structure plan.

Clause 20 of Schedule 2 of the Regulations gives Council the power to report to the WAPC on a proposed Structure Plan, inclusive of providing a recommendation as to whether or not the proposal should be approved, including any recommended modifications. The Council has 60 days from the date of completion of the public advertising in which to make a recommendation to the WAPC on the structure plan or within such time as otherwise consented to by the WAPC. With the operation of the Regulations commencing on October 19 Council must make a recommendation on or before 19 December 2015.

BACKGROUND

Applicant: Urbanplan Owner: Multiple Landowners - See Below Zoning: LPS17 - Special Use Zone No. 22

Development Contribution Area No.4 MRS - Industrial Strategy/Policy: Directions 2031; Industrial Land Development Scheme: Local Planning Scheme No.17 Existing Land Use: Agricultural / Rural Uses Lot Size: Approximately 126ha consisting of multiple lots - See

Below Lot Area: Bullsbrook


Address Ownership Lot Size (Ha)

Lot 3 Great Northern Highway BULLSBROOK WA 6084

Moondyne Farms Pty Ltd

(Directors: F Begley and P Begley)

4.1686

2481 Great Northern Highway BULLSBROOK WA 6084

F Bonomi and G D Bonomi and Others.

6.7279


Eligrow Pty Ltd

(Directors: C Bonomi and A Bonomi)

6.2971


R J Smith and N F Smith 7.9510

41 Butternab Road BULLSBROOK WA 6084

J A Fletcher 7.9998

15 Butternab Road BULLSBROOK WA 6084

Kembah Pty Ltd

(Directors: E J Siviour and K A Siviour)

2.0967


N F Smith 1.7926

45 Dewar Road BULLSBROOK WA 6084

D Henderson 3.1574


Kain & Shelton Pty Ltd

(Directors: G C Boulton, A F Johnson, R M Smith, G F Stevenson and J L Winser)

7.0146




1.0174


A F Watson and P J Watson 0.2752


Total Site Services Pty Ltd

(Directors: P J Green and S P Walsh)

6.7615


94 Warren Road BULLSBROOK WA 6084

S Tropiano and M Tropiano 16.9025

Lot 1 Dewar Road BULLSBROOK WA 6084

S D Spark and R M Spark 8.6931




6.5773


J P Koenders and J Koenders 6.0815


S E Houghton and R A Houghton 10.0831


G Cianciosi 8.9275


J Felber 9.7063

Part Lot 210 Butternab Road BULLSBROOK WA 6084

Commonwealth of Australia Approx 2.1

Lot 504 Dewar Road BULLSBROOK WA

Commonwealth of Australia 0.0908

DETAILS OF THE PROPOSAL

The draft Nambad Brook Local Structure Plan 3 (LSP3) is the third proposed local Structure Plan of the "South Bullsbrook Industrial Precinct", being within Special Use Zone No.22 and Development Contribution Area No.4 (DCA4). The proposal constitutes a Local Structure Plan required to be prepared prior to subdivision and development of the subject site in accordance with LPS17 provisions.

The structure plan proposes the following:

• Approximately 126 hectares of land;

• Indicated zoning to be 'General Industrial';

• A local reserve for foreshore management along the extent of both the Ki-It and Nambad Brooks inclusive of wetlands; and

• An internal road network of three roads (Butternab Road, Dewar Road and a western perimeter road) are proposed with three connections to The Great Northern Highway and two connections to Warren Road.


The applicant has submitted the following documents in support of the proposal:

1. Statutory Provisions (Part 1) 2. Non Statutory Explanatory Section (Part 2) 3. Technical Appendices which include:

a. Traffic Impact Assessment b. Local Water Management Strategy c. Riparian Assessment.

DESCRIPTION OF SITE

Location

The subject site is approximately 31km north east of the Perth central business district. The proposal is approximately 126ha in area and is bounded by the Great Northern Highway to the east, an urban development area to the north, RAAF Pearce Air Force base to the north and west and Warren Road to the south.

Land Use

The area comprises 22 lots of varying sizes and different landowners. These lands are used for various purposes, ranging from grazing and pastoral agriculture to automotive repair services. Previously the land around Dewar Road was used for intensive agricultural practices including chicken coops but these buildings are no longer used for this purpose.

Access

A number of properties have direct access onto the Great Northern Highway that, on the advice of the road authority (Main Roads WA), will need alternative options if industrial development proceeds.

Alternatively the land can be accessed from three local roads (Warren Road, Dewar Road and Butternab Road), which are rural-grade roads, having the width of a single carriageway. These local roads solely link onto the Great Northern Highway.

Topography & Drainage

The topography of the land is relatively flat with the lowest point in the south western corner of the structure planning area.

The Nambad Brook is the natural drainage point for the land within the proposed structure plan area. It runs through the area, entering the north east boundary below Butternab Road and continuing diagonally before exiting in the south west corner of Lot 202 and ultimately into the Ellen Brook. The Nambad Brook has varying depths and gradients of embankments and channel widths throughout its course and contains culverts in parts at several crossings.

Groundwater

The average depth to groundwater (AAMGL) is estimated to between 1 to 10 metres or at level with the Nambad Brook. The water management plans also note that after heavy rainfall events the groundwater can perch itself above localised clay layers within the region.


OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

5 March 2014: Council resolved to advertise the Nambad Brook Local Structure Plan 3 for a period of 42 days subject to modifications.

20 August 2014: Council resolved to approve the ‘Northern Gateway’ Local Structure Plan 1 (SP17-33) subject to modifications.

10 June 2015: Council resolved to approve the ‘Northern Gateway’ Local Structure Plan 2 (SP17-40) subject to modifications.

The above decisions are relevant as they all relate to the subject or adjoining Structure Plans that are all located within the “South Bullsbrook Industrial Precinct” Special Use Zone No. 22.

CONSULTATION

In accordance with Council’s decision of 5 March 2014 and LPS17, the proposed structure plan was advertised for a period of 42 days, ending on 28 May 2014. The public consultation process included:

• Written notification to all landowners within and adjoining the entire Special Use Zone No. 22;

• Two signs located on-site;

• A notice placed within a locally circulating newspaper; and

• Publication of the proposed LSP3 on the City's website.

A total of 14 submissions were received from the public, 8 of these being from landowners within the proposed structure plan area, of which 5 were objections variously on the ground of opposition to the designation of roads and/or foreshore reserves and/or drainage basins on their property and with the associated costs for such infrastructure to be levied through a proposed Development Contribution Plan (DCP).

In addition to the public consultation outlined above, the following service providers and referral agencies have provided comment on the proposed Structure Plan.

• Department of Aboriginal Affairs • Main Roads WA • Department for Parks and Wildlife (Rivers and Estuaries Division) • Department of Water • Department of Defence • Western Power • Water Corporation These submissions are tabulated, inclusive of a response to these from City staff, in the attached Schedule of Submissions.


DETAILS

Proposed Zoning and Land Use Compatibility

The proposed zoning of the land subject of the proposed structure plan is 'General Industrial'.

Under Schedule 2 of the new Planning and Development (Local Planning Schemes) Regulations 2015, zonings and reserves depicted in new structures plans (determined post October 19, 2015) will not have statutory effect as if they were zones or reserves under a Scheme. Nonetheless subsequent development of the land shall have regard to permissibility of land uses that the City’s LPS17 sets out for the 'General Industrial' zone.

The zoning is consistent with the lands 'Industrial' zoning under the Metropolitan Region Scheme and is considered acceptable.

Proposed local reserves

Local reserves for foreshore protection are proposed to be applied to both the Nambad and Ki-It Brooks, and associated wetlands as they extend through the structure plan area.

The proposed structure plan delineates that the width of the reserve shall be 20m from the top of the brook bank and 30m from the edge of the wetlands. These widths are acceptable to the Department of Water as noted in their advice to the City dated 11 August 2015, although City staff have suggested the width should be 30m from the top of the brook bank and 50m from the edge of the wetlands. It is understood that the extra width is a sensitive response to Aboriginal heritage considerations. It is considered that the proposed reserve widths are acceptable and that the matter of the setback of future development from these edges can be considered and determined at any subsequent development application stage.

Proposed Road Network

The structure plan proposes two new north-south connection roads - the extension of Dewar Road to connect with Warren Road and provision of a new road extending along the western perimeter of the structure plan area connecting the Great Northern Highway with Warren Road.

The road network for the proposed structure plan provides for adequate road access to all existing lots without the need for direct access off the Great Northern Highway. Signalised intersections will be required at the intersection of Dewar Road and the Highway and the intersection of the proposed new western perimeter road and the Highway. These arrangements are consistent with the Great Northern Highway Access Strategy (Midland to Muchea) prepared and adopted by both Main Roads WA and the City.

It is not envisaged that any further internal roads will be provided given the proposed structure plan does not envisage further subdivision of existing lots. Notwithstanding, these potentialities would be addressed through the subdivision process.


Whilst the extension of Dewar Road to connect with Warren Road is appropriate, the proposed alignment is not supported by Main Roads WA and is contrary to the resolution of Council made with respect to the road alignment of the structure plan applicable to the abutting land to the south of Warren Road. In order to provide for sound connectivity between the two structure plan areas by way of a north-south spine road, the proposed Dewar Road extension will need to be realigned eastwards to meet with the alignment of the “Neighbourhood Connector” road depicted on the approved structure plan for the abutting land (see Attachment – Proposed Road Re-alignment Plan).

Comment from the Department of Defence (Commonwealth Government) advised that they have purchased the western portions of three lots within the proposed structure plan area that abut the base and that the section of the western perimeter road that traverses those lots will need to be realigned accordingly (see Attachment – Proposed Road Re-alignment Plan).

Further consideration of the western perimeter road has questioned the utility of its southern alignment where it is proposed to cross the Nambad Brook. An alternative of having this section of the proposed road deviate to run along the western edge of the brook to connect with Warren Road will avoid the need for a new culvert crossing with its associated riparian impacts and shared costs within any proposed Development Contribution Plan (see Attachment – Proposed Road Re-alignment Plan). This is considered preferable.

Should Council be of a mind to recommend the Western Australian Planning Commission approve the proposed structure plan, City staff recommend that it be modified to incorporate these road re-alignments.

Drainage and Environmental Considerations

Included as part of the proposed Structure Plan are a Local Water Management Strategy (LWMS) and Riparian Assessment. These documents are requirements of LPS17 as set out in the provisions at Clause’s 4.2.1 and 4.2.2 applicable to Special Use Zone No.22. These provisions require the City to consult with the Department of Water and the Rivers and Estuaries Division of the Department of Park and Wildlife before making a determination on these documents.

The most recent advice from these agencies, dated 13 August 2015 and 3 August 2015 respectively, pertained to the version of the Local Water Management Strategy preceding the current October 16 2015 version (the fifth revision to the document originally submitted in late 2013).

The advice on both counts was that the documents were deficient in a variety of ways and accordingly not supported.

A review of the list of deficiencies provided by both agencies against the current October 16 2015 version indicates that most have now been corrected, although formal confirmation from both agencies is still pending.

Notwithstanding, it appears to City staff that the current document may still fail to address the requirements of these environmental agencies on the following matters:

• There is insufficient surface water quality monitoring;

• Proposed provision of Aerobic Treatment Units (ATU’s) for wastewater disposal instead of reticulated sewer;


• No conceptual design details as to how proposed stormwater detention basins and swales will treat stormwater;

• No justification for the proposed placement of detention basins within the Nambad Brook foreshore areas; and

• An incorrect contextual setting in the assessment of management obligations for waterway and wetlands in the Riparian Assessment – fails to take into account the intended industrial land use under the proposed structure plan and instead references rural land uses.

It is considered that these deficiencies in the Local Water Management Strategy and associated wetland and waterway management strategy, with the attendant implications for the impact of future industrial development on the Nambad Brook, are significant enough to warrant a precautionary approach against approval of the structure plan at this stage.

For these reasons and in the absence of confirmation from the Department of Water and the Department of Parks and Wildlife on the adequacy of the environmental documentation, City staff recommend that Council advise the Western Australian Planning Commission that the proposed structure plan be refused.

Provision of Sewer

Given that the adequacy of onsite on-site wastewater disposal through Aerobic Treatment Units, even as an interim arrangement, has not been confirmed by the environmental agencies, there is the possibility the proposed structure plan area will need to be connected to reticulated sewer. Such connection would need to be pre-funded or wholly funded by landowners within the structure plan area and would require provision of a detailed sewer and waste water pump station catchment plan at subsequent subdivision or development stage.

Developer Contributions

The proposed Structure Plan is located within Developer Contribution Area 4 (DCA4), designated by LPS17. Accordingly, the creation of a developer contribution plan (DCP) is required to equitably apportion the costs of shared infrastructure (roads and drainage) within the structure plan area and within the broader South Bullsbrook Industrial Precinct.

A draft DCP has been prepared and advertised for public comment. The DCP will operate to ensure that any landowner who gives up land for roads or drainage is proportionately recompensed.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to recommend to the Western Australian Planning Commission that the proposed Structure Plan for Lots 139, 140, 1, 12 & 151 Great Northern Highway, Lots 2, 141 & 207 Butternab Road, Lots 204, 205, Part 352, 150 & 25 Dewar Road and Lots 202, 7, 153 & 152 Warren Road, Bullsbrook be refused for the following reasons:

1. The adequacy of the proposed Local Water Management Strategy and associated Riparian Assessment has not yet been confirmed by the Department of Water and Department of Parks and Wildlife with respect to:

(i) the extent of surface water quality monitoring;

(ii) the provision of ATU’s for wastewater disposal;

(iii) the capacity of proposed drainage basins and swales to treat stormwater;

(iv) the placement of proposed drainage basins within the foreshore areas of the Nambad Brook; and

(v) management responses to the impact of industrial land uses on the wetlands and waterway of the Nambad Brook.

Implications: The Western Australian Planning Commission will make the final determination on the proposed structure plan.

This is the recommended option.

Option 2: Council may resolve to recommend to the Western Australian Planning Commission that the proposed Structure Plan for Lots 139, 140, 1,12 & 151 Great Northern Highway, Lots 2, 141 & 207 Butternab Road, Lots 204, 205, Part 352, 150 & 25 Dewar Road and Lots 202,7, 153 & 152 Warren Road, Bullsbrook be approved subject to the Local Water Management Plan and associated Riparian Assessment dated 16 October 2015 being acceptable to the Department of Water and Department of Parks and Wildlife and the following modifications:

a) The location of stormwater drainage basins within the Local Water Management Strategy are to be outside of the foreshore reserve for the Nambad Brook and associated wetlands.

b) Removal of the proposed access easement within the lot noted as ‘Lot 502’ on the Structure Plan map and within any associated text of the Structure Plan.

c) Updating the Structure Plan to reflect the status of structure plan in accordance with the requirements of the relevant provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

d) The proposed extension of Dewar Road and the proposed western perimeter road are to be realigned on the Structure Plan as per the Attached – Proposed Road Re-alignment Plan.


e) Include in the Part 1 provisions of the Structure Plan text a building height notification relating to the RAAF Pearce Air Force Base. This shall be worded as follows:

“Building heights are restricted in association with the operations of the RAAF Pearce Air Force Base”.

f) Notification shall be included on the Structure Plan map that direct lot access to Great Northern Highway is not permitted without the prior approval of Main Roads WA and/or the Western Australian Planning Commission.

g) Modification of the Structure Plan boundary area as shown on the map, to exclude any land under the ownership and control the Commonwealth Government, as part of the RAAF Pearce Air Force Base.

h) Notification shall be included in the Part 1 provisions of the Structure Plan text to advise the following requirement at subdivision and/or development stage, regarding the provision of services:

“a. A detailed sewer and waste water pump station catchment plan is required to be provided at the first of either the subdivision or development stage.

b. Developers are to undertake and provide Western Power with investigations on future demand for power, up to 3 years from commencement, to complete key infrastructure planning studies, including power infrastructure.”

i) Modification of the Structure Plan southern boundary as shown on the map to be on the northern side of the existing Warren Road and to exclude the existing Warren Road reservation area.

Implications: The Western Australian Planning Commission will make the final determination on the proposed structure plan.

This is not the recommended option

CONCLUSION

The proposed Structure Plan is one of three for the South Bullsbrook Industrial precinct that proposes to coordinate and facilitate further development for industrial purposes. The structure plan area comprises approximately 126ha of land situated north of Warren Road, west of the Great Northern Highway and south and east of RAAF Base Pearce, in Bullsbrook.

The Nambad and Ki-It Brooks traverse the structure plan area.

The recently implemented Planning and Development (Local Planning Schemes) Regulations 2015 has imposed a 60 day time frame from the 19 October 2015 for the local authority to make a recommendation to the Western Australian Planning Commission on whether the proposed structure plan should be approved or refused.


At this stage the key environmental documentation associated with water management within the structure plan area has not yet been confirmed acceptable to the Department of Water and Department of Parks and Wildlife.

As the City is obliged to make a recommendation to the WAPC within the Regulation timeframes, the absence of confirmation on the adequacy of the environmental documentation means City staff cannot recommend that Council recommend approval of the proposed structure plan.

ATTACHMENTS

Structure Plan Map

Location of Submitters (within Structure Plan area)

Proposed Road Re-alignment Plan

Schedule of Submissions

STRATEGIC IMPLICATIONS

The proposed structure plan sits within an area of Bullsbrook and surrounds that is earmarked in the Western Australian Planning Commission document Perth and Peel @3.5 million for substantial industrial expansion. The area is also identified within the City’s endorsed Bullsbrook Townsite Land Use Master Plan as an industrial development area.

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Metropolitan Region Scheme

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

The proposed Structure Plan is within a broader Development Contribution Area to facilitate, through a DCP, financial contributions for the provision of shared infrastructure.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Forward the proposed Structure Plan for Lots 1, 3, 11, 12, 25, 139, 140, & 151 Great Northern Highway, Lots 2, 141 & 207 Butternab Road, Lots 1, 150, 204, 209 & 504 Dewar Road and Lots 7, 152, 153 & 202,Warren Road, Bullsbrook to the Western Australian Planning Commission with a recommendation that it be refused for the following reason:

1. The adequacy of the proposed Local Water Management Strategy and associated Riparian Assessment has not yet been confirmed by the Department of Water and Department of Parks and Wildlife with respect to:

(i) the extent of surface water quality monitoring;

(ii) the provision of ATU’s for wastewater disposal;

(iii) the capacity of proposed drainage basins and swales to treat stormwater;

(iv) the placement of proposed drainage basins within the foreshore areas of the Nambad Brook; and

(v) management responses to the impact of industrial land uses on the wetlands and waterway of the Nambad Brook.

2) Advise the applicant, landowners and those persons and agencies who lodged submissions, of Council’s recommendation accordingly.

MOTION that the Council resolve to:

1) Recommend to the Western Australian Planning Commission that the proposed Structure Plan for Lots 139, 140, 1,12 & 151 Great Northern Highway, Lots 2, 141 & 207 Butternab Road, Lots 204, 205, Part 352, 150 & 25 Dewar Road and Lots 202,7, 153 & 152 Warren Road, Bullsbrook be approved subject to the Local Water Management Plan and associated Riparian Assessment dated 16 October 2015 being acceptable to the Department of Water and Department of Parks and Wildlife and the following modifications:















3) Record the reason for changing the staff recommendation is that the applicant has made a number of applications to Department of Water and Department of Parks and Wildlife who have yet to reply. The issues of concern are not insurmountable. Recommending approval, subject to these agencies comments and approval, indicates to the Western Australian Planning Commission that Council is supportive in principle of the structure plan.

(Cr Bailey – Cr Henderson)


RESOLVED UNANIMOUSLY TO:

1) Recommend to the Western Australian Planning Commission that the proposed Structure Plan for Lots 139, 140, 1,12 & 151 Great Northern Highway, Lots 2, 141 & 207 Butternab Road, Lots 204, 205, Part 352, 150 & 25 Dewar Road and Lots 202,7, 153 & 152 Warren Road, Bullsbrook be approved subject to the Local Water Management Plan and associated Riparian Assessment dated 16 October 2015 being acceptable to the Department of Water and Department of Parks and Wildlife and the following modifications:















3) Record the reason for changing the staff recommendation is that the applicant has made a number of applications to Department of Water and Department of Parks and Wildlife who have yet to reply. The issues of concern are not insurmountable. Recommending approval, subject to these agencies comments and approval, indicates to the Western Australian Planning Commission that Council is supportive in principle of the structure plan.

proposed structure plan - lots 1, 3, 11, 12, 25, 139, 140 ... · ordinary meeting of council 16...

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