Minutes of Development & Planning Services

Minutes of Development & Planning Services

MINUTES OF DEVELOPMENT & PLANNING SERVICES COMMITTEE MEETING - 16.12.971

CITY OF WANNEROo

MINUTES OF DEVELOPMENT & PLANNING SERVICES

COMMITTEE MEETING HELD ON 16 DECEMBER 1997

INDEX

Item SubjectPage No

ATTENDANCES

APOLOGIES AND LEAVE OF ABSENCE

ELECTION OF CHAIRMAN

PUBLIC QUESTION TIME

CONFIRMATION OF MINUTES

Minutes of DEVELOPMENT & PLANNING SERVICES Committee Meeting held on 13 OCTOBER 1997

DECLARATIONS OF FINANCIAL INTEREST

PETITIONS AND DEPUTATIONS

REPORTs

DP327-12/97 PROPOSED SWIMMING POOL (REDUCED SETBACKS) LOT 104 (29) GARDEN PARK DRIVE, WANNEROO - [01661/104/0029] 5/38

DP287-12/97 PROPOSED CHANGES TO DRAFT AMENDMENT NO 761 TO TOWN PLANNING SCHEME NO 1 - COMMERCIAL VEHICLE PARKING AND TRANSPORT DEPOTS - [790-761] 6

DP288-12/97UNAUTHORISED ACCESSWAY AND UNAUTHORISED CROSSOVER FROM PEDESTRIAN ACCESSWAY : LOT 793 (46) MEADOWBANK GARDENS, HILLARYS - [2796/793/46] 7

DP289-12/97 MINISTERIAL ADVICE ON INFRASTRUCTURE CONTRIBUTIONS FOR CELL 5, LANDSDALE, EAST WANNEROO, CITY OF WANNEROO - [780-21] 8

DP290-12/97 APPLICATION FOR SPECIAL RURAL ZONING : LOT 50 AND LOC 3288 BAILEY ROAD, CARABOODA; FUTURE USE OF RESERVE 24637 - [790-793] 9

DP291-12/97 ACCUMULATION OF SEAGRASS DEBRIS - TWO ROCKS BOAT HARBOUR - [765-20] 12

DP292-12/97EXPRESSIONS OF INTEREST - LOCAL AGENDA 21 AND STATE OF THE ENVIRONMENT REPORT CONSULTANCIES - [305-6] 12

DP293-12/97 ENVIRONMENTAL ADVISORY COMMITTEE - [305-6]13

DP294-12/97 HOMESWEST ESTATE IMPROVEMENT SCHEME: GIRRAWHEEN, KOONDOOLA, BALGA - [770-0] 13

DP295-12/97 DEVELOPMENT ASSESSMENT UNIT AND DELEGATED AUTHORITY COMMITTEE 30 OCTOBER TO 24 NOVEMBER 1997 - [290-1] 14

DP296-12/97 DEVELOPMENT ENQUIRIES - NOVEMBER 1997 - [290-0]14

DP297-12/97 DISTRICT PLANNING SCHEME NO 2 - [780-2]14

DP298-12/97 ADDITIONAL CHILDREN AND STAFF TO EXISTING CHILD CARE CENTRE, LOT 200 (78) WARBURTON AVENUE, PADBURY - [30/5323] 15

DP299-12/97 PROPOSED USE OF UNIT 4 AS A SMASH REPAIR STATION, LOT 2 (4/4) STEVENAGE STREET, YANCHEP - [30/3064] 15

DP300-12/97 GROWING AREA TO WHOLESALE NURSERY, LOT 55 (2270) WANNEROO ROAD (CORNER DUNSTAN ROAD), NOWERGUP - [30/5587] 16

DP301-12/97 AQUACULTURE HATCHERY, FARMING FACILITY AND RESIDENCE, LOT 132 (640L) TWO ROCKS ROAD AND RESERVES 20561 AND 12439, YANCHEP - [30/4297] 17

DP302-12/97 PROPOSED CARPORT: LOT 405 (20) HUNTER WAY, PADBURY WITH A REDUCED FRONT AVERAGE SETBACK - [1087/405/20] 18

DP303-12/97 PROPOSED GARAGE : LOT 106 (35) LEACH WAY, GNANGARA - [30/5713] 18

DP304-12/97FRONT FENCE: LOT 105 (9) LUXOR PLACE, CURRAMBINE - [4343/105/9] 19

DP305-12/97 PROPOSED RETAINING WALLS AND LANDFILL, LOT 41 (11) KINGS LYNN RISE, MINDARIE - [30/5695] 19

DP306-12/97 AMENDMENT TO LOCAL LAW F1: FENCING & PRIVATE TENNIS COURT FLOODLIGHTING - [210-0] 20

DP307-12/97 SUBDIVISION CONTROL UNIT COMMITTEE 30OCTOBER 1997 TO 24 NOVEMBER 1997 - [290-1] 20

DP308-12/97 MODIFICATION OF AMENDMENT NO 756 TO TOWN PLANNING SCHEME NO 1 - PORTION OF LOT 3 ROMEO ROAD, ALKIMOS - [790-756] 21

DP309-12/97 MODIFICATION OF AMENDMENT NO 769 TO TOWN PLANNING SCHEME NO 1 TO REZONE LAND BETWEEN WANNEROO ROAD, PINJAR ROAD & CLARKSON AVENUE, WANNEROO FROM RURAL TO URBAN DEVELOPMENT - [790-769] 21

DP310-12/97 CLOSE OF ADVERTISING: AMENDMENT NO 796 TO TOWN PLANNING SCHEME NO 1 TO REZONE LOT 337 (9) PARRI ROAD, WANGARA FROM RURAL TO LIGHT INDUSTRY - [790-796] 22

DP311-12/97 MODIFICATION OF PROPOSED AMENDMENT NO 797 TO TOWN PLANNING SCHEME NO 1 - PORTION OF PT LOT M1722 (449) BURNS BEACH ROAD, ILUKA - [790-797] 22

DP312-12/97 PROPOSED AMENDMENT NO 815 TO TOWN PLANNING SCHEME NO 1 TO REZONE LOT 4 (1) LANCASTER ROAD (CNR WANNEROO ROAD), WANGARA FROM SPECIAL ZONE (RESTRICTED USE) RETAIL NURSERY TO MIXED BUSINESS AND LOCAL RESERVE - PARKS AND RECREATION - [790-815] 23

DP313-12/97 PROPOSED AMENDMENT NO 817 TO REZONE LOT 300 (917) WANNEROO ROAD, WANNEROO FROM SPECIAL ZONE (RESTRICTED USE) SERVICE INDUSTRIAL EXCLUDING LIGHT INDUSTRIAL, LUNCH BAR, MOTOR REPAIR STATION, PETROL FILLING STATION AND SERVICE STATION TO SPECIAL ZONE (RESTRICTED USE) RESTAURANT AND SERVICE INDUSTRIAL EXCLUDING LIGHT INDUSTRIAL, LUNCH BAR, MOTOR REPAIR STATION, PETROL FILLING STATION AND SERVICE STATION - [790-817] 23

DP314-12/97 PROPOSED AMENDMENT NO 818 TO REZONE STRATA LOTS 1 & 2, LOT 201 (12) DAVALLIA ROAD, DUNCRAIG FROM COMMERCIAL TO SPECIAL ZONE COMMERCIAL (ADDITIONAL USE) VETERINARY ESTABLISHMENT - [790-818] 24

DP315-12/97 PROPOSED AMENDMENT NO 819 TO TOWN PLANNING SCHEME NO 1 AND DEVELOPMENT OF SWAN LOCATION 12008 ELLERSDALE AVENUE, WARWICK FOR RESIDENTIAL USE - [790-819, 30/5732] 24

DP316-12/97 REQUEST FOR A VARIATION OF THE APPLICATION FEE FOR PEDESTRIAN ACCESSWAY CLOSURES - [510-0469] 25

DP317-12/97 PEDESTRIAN ACCESSWAY CLOSURES MONTHLY PROGRESS REPORT - [520-2] 25

DP318-12/97 REQUESTED CLOSURE OF PEDESTRIAN ACCESSWAY BETWEEN LOTS 123 AND 869 LILBURNE ROAD, DUNCRAIG - [510-0349] 26

DP319-12/97 REQUESTED CLOSURE OF PEDESTRIAN ACCESSWAY BETWEEN JASON PLACE AND ALEXANDER ROAD, PADBURY - [510-1706] 26

DP320-12/97 REQUESTED CLOSURE OF PEDESTRIAN ACCESSWAY BETWEEN GRAPHIC COURT AND RADIAN ROAD, BELDON - [510-1543] 27

DP321-12/97 APPLICATION TO PURCHASE A PORTION OF PUBLIC RECREATION RESERVE 33522 NEVILLE DRIVE, WANNEROO - [755-33522] 27

DP322-12/97 EAST WANNEROO DEVELOPMENT CELL NO 4 - ACQUISITION OF LAND FOR PUBLIC OPEN SPACE, LOT 83 GUNGURRU AVENUE, HOCKING - [740-94006] 28

DP323-12/97 PROPOSED CLOSURE OF ROAD RESERVE - PORTION OF MERRIFIELD PLACE, MULLALOO - [510-300] 28

DP324-12/97 SIGNS HOARDINGS AND BILLPOSTING REVIEW WORKING PARTY - [920-9] 28

DP325-12/97 CRAIGIE OPEN SPACE - PROPOSED RECREATIONAL FACILITIES - ASSESSMENT OF TENDERS - [745-4] 29

DP326-12/97 REQUEST FOR CANCELLATION OF CYGNET RESERVE 32753 BRIDGEWATER DRIVE, KALLAROO - [755-32753] 30

outstanding business from previous meetings31

MOTIONS FOR FURTHER ACTION38

GENERAL BUSINESS38

DP327-12/97PROPOSED SWIMMING POOL (REDUCED SETBACKS) LOT 104 (29) GARDEN PARK DRIVE, WANNEROO - [01661/104/0029] 38/5

DATE OF NEXT MEETING38

CLOSURE38

MINUTES OF DEVELOPMENT & PLANNING SERVICES COMMITTEE MEETING - 16.12.971

CITY OF WANNEROO

MINUTES OF DEVELOPMENT & PLANNING SERVICES COMMITTEE MEETING HELD IN CONFERENCE ROOM 1, JOONDALUP CIVIC CENTRE, BOAS AVENUE, JOONDALUP ON TUESDAY, 16 DECEMBER 1997 AT 4.00 PM

ATTENDANCES

Commissioners

Cmr R Rowell - Chairman

Cmr C Ansell

Cmr H Morgan AM

Cmr W Buckley

Officers

Chief Executive Officer: / L O DELAHAUNTY
Director, Strategic Planning: / R G FISCHER
Director, Development Services: / O G DRESCHER
Manager, Urban Design Services / D BUTCHER
Manager, Council Support Services: / M SMITH
Minute Clerk / L TAYLOR

APOLOGIES AND LEAVE OF ABSENCE

Leave of Absence: Cmr M Clark-Murphy

PUBLIC/PRESS ATTENDANCE

There were 20 members of the Public and 1 member of the Press in attendance.

The Chief Executive Officer declared the meeting open at 1600 hrs.

ELECTION OF CHAIRMAN

In accordance with the Local Government Act 1995, the Committee was required to appoint a Chairman.

The Chief Executive Officer sought nominations for the position of Chairman.

Cmr Morgan nominated Cmr Rowell. Cmr Ansell seconded the nomination.

There being no other nomination, Cmr Rowell was elected unopposed.

Cmr Rowell assumed the Chair at this point, the time being 1602 hrs.

PUBLIC QUESTION TIME

Mr V Harman:

DP293-12/97 - Environmental Advisory Committee, Page 46

Q1I understand at present, the members of this commitee are solely community representatives. Will Mr Paul Holmes and Mr Phil Thompson remain part of the committee for the Environmental Advisory group, with the addition of a Commissioner? Would it be possible to include two suspended Councillors as part of this advisory committee for their vast knowledge on environmental issues?

Chairman’s Response: At times there would be certain situations where specific expert knowledge was required and relevant persons in those areas would be invited to comment at that time should the need arise.

Q2DP325-12/97 and DP326-12/97

Is there a need for these two Items to be discussed Behind Closed Doors? It would be preferable if these Items were discussed in an open committee meeting forum for the benefit of the members of the public in attendance.

Chairman’s Response: At this stage, these are Items of a sensitive nature. The recommendations as passed at this meeting will be heard at the Meeting of Joint Commissioners to be held 23 December 1997 after which time they will be advertised in the West Australian.

Mrs A Hine:

Q1When will the Policy Committee meetings again be conducted in an open forum to allow members of the public the opportunity to attend, as these have not always been held Behind Closed Doors?

Chief Executive Officer’s response: To the best of my knowledge, the Policy Committee meeting has always been conducted Behind Closed Doors. Under the Local Government Act only those committees where a decision is to be made under delegated authority are required to be open to the public. A number of Items to be discussed are confidential, particularly staff matters and these are discussed Behind Closed Doors, with decisions carrying on to Joint Meeting of Commissioners.

Mrs G Monks:

Q1Referring to Business Outstanding Section - Approval Services (Major Refurbishment and Additions to the Wanneroo Shopping Centre, Lot 504 (32) Dundebar Road, Wanneroo)

Since the original application for extensions to this complex in January 1996, five tenants have vacated these premises, with a further eight tenants giving notice of their intention not to renew their lease, causing concern to local residents and members of the community in regard to the future of the shopping centre.

Could the people of Wanneroo be brought up to date as to the current situation with respect to the Wanneroo Townsite Structure Plan and concept plans for the future of this complex?

Chairman’s response: A meeting would need to be convened to provide local residents and the community of Wanneroo with an update of the current situation with regard to this project, inclusive of the study in relation to Wanneroo Town Centre Structure Plan.

Mr K Ferguson:

Re: DP327-12/97 - Proposed Swimming Pool, Lot 104 (29) Garden Park Drive, Wanneroo

Mr Ferguson advised his wife had a terminal illness and as leisure activities and visits to the beach had become difficult with the progression of her illness, he wished to install a pool for her benefit and enjoyment.

He stated he has a young family and is a full-time home carer, spending a great deal of time inside and required the swimming pool to be within view at all times, the reason for the request for a reduced side setback.

Discussion ensued, with members of the Committee asking a number of questions of Mr Ferguson.

DECLARATIONS OF FINANCIAL INTEREST

Nil

CONFIRMATION OF MINUTES

MINUTES OF DEVELOPMENT & PLANNING SERVICES COMMITTEE MEETING HELD ON 13 OCTOBER 1997

Due to the suspension of the Council on 12 November 1997, it is not possible to confirm the minutes of the Development and Planning Services Committee meeting held on 13 October 1997. These minutes will therefore remain unconfirmed minutes.

PETITIONS AND DEPUTATIONS

DEPUTATION - UNAUTHORISED ACCESSWAY AND UNAUTHORISED CROSSOVER FROM PEDESTRIAN ACCESSWAY: LOT 793 (46) MEADOWBANK GARDENS, HILLARYS - [2796/793/46]

Mr A L Bennett addressed the Committee in relation to unauthorised accessway and unauthorised crossover from pedestrian accessway: Lot 793 (46) Meadowbank Gardens, Hillarys - Item DP288-12/97 refers.

Mr Bennett advised he wished to retain the access to the rear of his property as a means of entry for lawnmowing contractors and storage of a box trailer. He did not wish to use the narrow verge strip for parking on a long term basis and for this reason sought approval for the retention of access to the rear of his property.

DEPUTATION - PROPOSED AMENDMENT NO 761 TO TOWN PLANNING SCHEME NO 1 - COMMERCIAL VEHICLE PARKING AND TRANSPORT DEPOTS - [790-761, 732187]

Ms J Stampalia, Secretary of Transag Incorporated Ltd, Mr Ken Whitehead, President of Transag Incorporated and Mr F Lawrence representing tow truck operators addressed the Committee in relation to the proposed Amendment No 761 to Town Planning Scheme No 1 - Commercial Vehicle Parking and Transport Depots - Item DP287-12/97 refers.

Ms Stampalia stated the transport action group, known as Transag Incorporated was formed in 1996 by Wanneroo residents in response to a draft policy proposed by the city planners as Amendment No 761 to City of Wanneroo Town Planning Scheme No 1 and gave an overview of the current situation and concerns raised by members of the transport industry.

As a direct result of this response a petition of 300 residents requested a public meeting be convened, with a Special Meeting of Electors being held on 29 April 1996, with over 160 people in attendance. At this meeting, Transag was nominated to act on behalf of those ratepayers present to respond to the proposed draft policy, submitting their proposed policy modifications to Amendment 761 on 4 September 1996.

Transag expressed their concern at major points they believe have been overlooked in the draft policy, these being:

1failure to recognise the legal rights of an individual to their livelihood;

2interference in a section of the transport industry, consisting of home based small business, owner operators and drivers;

3failure to provide alternative areas that are affordable and available;

4imposes financial hardship on established operators forced to relocate from the properties if unable to comply with new conditions of approval;

5no provision for two truck operators who provide a community service as special purpose vehicles;

6policy does not comply with the existing Road Traffic Act 1974-1981. Vehicle Standards Regulation 1997 in relation to Part Eleven under loading and dimensions of vehicles - Regulation 1102;

7description of “transport depot” and “commercial vehicle depot” definitions are not accurate in relation to their function as no goods are stored for dispatch or delivery and therefore require more accurate clarification.

REPORTS

At the request of the Chairman, Late Item No 1 (DP327-12/97) was brought forward for discussion at this point.

DP327-12/97PROPOSED SWIMMING POOL (REDUCED SETBACKS) LOT 104 (29) GARDEN PARK DRIVE, WANNEROO - [01661/104/0029]

A building licence application has been received from Ricks Pools on behalf of K & D Ferguson proposing to install a swimming pool on Lot 104 (29) Garden Park Drive, Wanneroo. The proposed location of the pool does not comply with the minimum side setback requirement of 15 metres for Special Rural zones. There are no significant constraints that prevent the pool complying with the minimum setback of 15 metres. A relaxation to the setback requirements is not supported in this instance. Approval for the pool, subject to revised plans indicating compliance with the minimum setback; is recommended.

REPORT RECOMMENDATION: That the Joint Commissioners:

1refuse the request by Ricks Pools on behalf of K & D Ferguson for a reduced side setback of 5.6 metres for a proposed pool on Lot 104 (29) Garden Park Drive for the following reasons:

(a)the proposed setback is significantly less than the required setback of 15 metres;

(b)the proposed reduced setback has potential to impact on the amenity of the adjoining property given its close proximity to the common boundary;

(c)the proposal, if approved, may set a precedent for further reductions in setback to be approved on adjoining lots that may impact on the amenity and character of the area;

2authorise the issue of a building licence for the proposed pool on Lot 104 (29) Garden Park Drive, Wanneroo, subject to the submission of revised plans indicating the pool in a location complying with a minimum side and rear setback of 15 metres.

Discussion ensued.

MOVED Cmr Buckley, SECONDED Cmr Morgan that the Joint Commissioners:

1in the exercise of discretion allowed under clause 5.9 of Town Planning Scheme No 1 and having considered the issues involved and in particular the compassionate nature of the request, approve the application by Ricks Pools on behalf of K & D Ferguson for a reduced side setback of 5.6 metres for a proposed swimming pool on Lot 104 (29) Garden Park Drive, Wanneroo, subject to a letter of no objection being received by the City from the affected northern owner;

2subject to no objection being received as detailed in (1) above, authorise the issue of a building licence for the proposed swimming pool on Lot 104 (29) Garden Park Drive, Wanneroo with a reduced side setback of 5.6 metres.

The Motion was Put andCARRIED

Following discussion on Item DP327-12/97, the Committee reverted back to the normal order of the Agenda.

DP287-12/97PROPOSED CHANGES TO DRAFT AMENDMENT NO 761 TO TOWN PLANNING SCHEME NO 1 - COMMERCIAL VEHICLE PARKING AND TRANSPORT DEPOTS - [790-761]

Council at its meeting on 25 September 1996 (TP217-09/96) resolved to defer consideration of proposed Amendment No 761 to Town Planning Scheme No 1.

It was intended to await comments from the Transport Action Group (Transag) on the proposed amendment. Correspondence has now been received from Transag and Land Planning Consultants acting on their behalf.

The changes proposed by Transag and Land Planning Consultants are considered to unreasonably restrict Council’s control over the parking of commercial vehicles to an extent that residential amenity would be compromised. Existing problems involving commercial vehicle parking will not be able to be satisfactorily resolved and Transag’s recommendations are likely to compound the situation.

It is considered that the provisions concerning commercial vehicle parking proposed by the City in Amendment No 761 with some minor modifications are appropriate and would be supported by the community. The matter of transport depots and commercial vehicle parking in the Rural Zone appears to be the most contentious. Therefore, it is recommended that transport depots remain an “AA” use in rural areas.

REPORT RECOMMENDATION: THAT the Joint Commissioners:

1note the submission received from Transag and Land Planning Consultants and advise Transag and Land Planning Consultants that it does not consider the proposed changes will help resolve the current parking problems associated with commercial vehicle parking within the City of Wanneroo;

2in pursuance of Section 7 of the Town Planning and Development Act 1928 amend Town Planning Scheme No 1 to introduce provisions to control commercial vehicle parking and transport depots and adopt Amendment No 761 accordingly;

3subject to the finalisation and gazettal of Amendment No 761, rescind Council Policy G3-13 - Commercial Vehicles Parking at Residential Premises.

Discussion ensued with Commissioner Rowell requesting further clarification and definition in respect of the whole area of commercial vehicle parking and transport depots prior to the final initiation of Amendment 761.

MOVED Cmr Buckley, SECONDED Cmr Ansell that consideration of proposed changes to draft Amendment No 761 to Town Planning Scheme No 1 - Commercial Vehicle Parking and Transport Depots be deferred to allow for further clarification and immediate action on this matter.

The Motion was Put andCARRIED

DP288-12/97UNAUTHORISED ACCESSWAY AND UNAUTHORISED CROSSOVER FROM PEDESTRIAN ACCESSWAY : LOT 793 (46) MEADOWBANK GARDENS, HILLARYS - [2796/793/46]

Lot 793 (46) Meadowbank Gardens, Hillarys has an existing side vehicular access from a narrow road. The property does not enjoy a legal frontage to the side road and the access crosses a pedestrian accessway 0.1 metres wide. The City has requested that the access be removed. The property owners have requested the City’s approval for the access to remain and the adjoining property owners have objected to the owners’ request.

REPORT RECOMMENDATION: THAT the Joint Commissioners:

1advise the owners of Lot 793 (46) Meadowbank Gardens, Hillarys that the construction of an unauthorised crossover accessing the pedestrian accessway on the north-western side of their property is in breach of the Local Government Regulations 1996 and that they are subject to legal action;

2advise the owners of Lot 793 (46) Meadowbank Gardens, Hillarys that the unauthorised crossover accessing the pedestrian accessway is to be removed within 28 days’ notification by the City and on a permanent basis;

3advise the owners of Lot 793 (46) Meadowbank Gardens, Hillarys that access to the pedestrian accessway is to be permanently sealed within 28 days’ notification;

4advise the owners of Lot 793 (46) Meadowbank Gardens, Hillarys that any consideration to access the pedestrian accessway by Council would be for a single pedestrian gate only;

5authorise the Chief Executive Officer to initiate legal action against the owners of Lot 793 (46) Meadowbank Gardens, Hillarys in the direction contained in 2and 3 above.