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part of a regionally significant wetland system in regard to the saline influenced vegetation associations;

  • part of a Nationally and Internationally significant wetland system in regard to the calcite and dolomite muds and the mineralisation processes occurring within the wetlands;

  • the wetlands are likely to be visited by birds protected.

  • The heteroform vegetation complexes within the wetland contain Melaleuca rhaphiophylla, M.cuticularis, Suaeda australis, Juncus kraussii and Gahnia grifica;

  • The wetland also provides a visual amenity of remnant vegetation and seasonal open water.

    In light of the assessment it is considered that a 50m buffer to minimise the risk of weed invasion and protection of bird habitat, and a 10 – 50m buffer to improve aesthetics and as a barrier against inappropriate values of the wetland is required. However, if these buffer distances are to be reduced in the development, the proponent should prepare and implement comprehensive planning and environmental protection strategies and methods to minimise the risk to the wetland from the proposed development. Notwithstanding this, it is recommended that the alignment of the entry road off Troode Street be modified as the current plan provides no buffer. The minimum acceptable would be for this section of the road to be moved in an easterly direction so as to be in line with the southern portion of the road. The road reserve width should also be reduced to 13m marginally increasing the width of the buffer.


    It is recommended the environmental assessment will be made available to the proponents, and the Structure Plan and report be amended subject to further consideration by the proponent to demonstrate that the development will achieve the desired environmental merits. The Structure Plan and report will also need to be reviewed and amended accordingly to address other planning issues such as road network, laneway development, POS provision and drainage issues etc. in consultation, and to the satisfaction of the Director, Planning and Development before the proposal be advertised for public comments.
    It is recommended that TPS3 amendment for Lot 501 Troode Street, Munster be initiated by Council and referred to the EPA together with the Structure Plan and report to ensure that sufficient information be provided to enable the EPA to set the appropriate level of assessment. The advertising of the Structure Plan is to be undertaken at the same time as the advertising of the Amendment No. 9 to TPS3, with the closing date for public submissions being the same. During the advertising period, the Structure Plan and reports will be assessed in detail and form the basis of a report to Council.
    At the conclusion of the public comment period for both Amendment No.9 and the Structure Plan, Council Planning officers will provide a combined set of comments and recommendations to Council based on the internal assessment from Council officers and submissions received from the public and agencies.
    Strategic Plan/Policy Implications
    The Corporate Strategic Plan Key Result Areas which apply to this item are:-
    1. Managing Your City

    • "To deliver services and to manage resources in a way that is cost competitive without compromising quality."

    2. Planning Your City



    • "To ensure that the planning of the City is based on an approach which has the potential to achieve high levels of convenience for its citizens."

    • "To ensure that the development will enhance the levels of amenity currently enjoyed by the community."

    3. Conserving and Improving Your Environment



    • "To conserve the quality, extent and uniqueness of the natural environment that exists within the district."

    • "To ensure that the development of the district is undertaken in such a way that the balance between the natural and human environment is maintained."

    4. Facilitating the needs of Your Community



    • "To facilitate and provide an optimum range of community services."

    The Planning Policies which apply to this item are:-

    SPD1 Bushland conservation Policy

    SPD3 Native Fauna Protection

    SPD5 Wetland Conservation Policy

    APD4 Public Open Space

    APD20 Design Principles for Incorporating Natural Management Areas Including Wetlands and Bushlands in Open Space and / or Drainage Areas

    APD26 Control Measures for Protecting Water Resources in Receiving Environments


    Budget/Financial Implications
    N/A
    Legal Implications
    The provisions of TPS No.3

    Metropolitan Region Scheme


    Community Consultation
    To be undertaken as part of the Amendment process.
    Implications of Section 3.18(3) Local Government Act, 1995
    Nil.

    14.8


    RECOMMENDATION

    That Council:


    (1) receive the Local Structure Plan and report for Lot 1 Hammond Road and note the Schedule of Submissions contained in the Agenda attachments:
    (2) advise the proponent that:
    1. a) Council is not prepared to adopt the proposed Structure Plan for Lot 1 Hammond Road until the design and land requirements for Russell Road Buffer Lake (RRBL) (including the bypass channel) has been finalised.


    b) the Structure Plan and report will need to be reviewed and appropriately modified following the completion of the RRBL design (including the bypass channel) by the Water Corporation.
    c) the POS provision schedule will need to be reviewed and appropriately modified following the completion of the RRBL design (including the bypass channel) by the Water Corporation, and addressing related issues;
    d) the temporary drainage arrangements proposed, need to be detailed in the Structure Plan Report, together with undertaking to rehabilitate the area once the drainage is redirected to the bypass channel.
    e) the Structure Plan and report will need to be reviewed and modified to address the following:
    (i) land requirement for Hammond Road Realignment Other Regional Road Reserve in accordance with ORR reservation boundaries as shown on WAPC MRS Clause 42 Certificate N. 74102;


    (ii) the balance of the lot between existing and future Hammond Road being incorporated into the Structure Plan and not treated as a deduction from the POS provision;
    (ii) the location and area of temporary drainage swales being clearly shown in the Structure Plan and 50% credits being sought if the design complies with Council Policy APD 28 – Public Open Space Credit Calculations;
    (iv) the dual use path and footpath plan being amended to the satisfaction to the Director, Planning and Development, paths being clearly shown on the Structure Plan and referenced in the movement network section in the report;


    (v) local and district community facility provisions and the subject land’s accessibility to community facilities being addressed in the report;
    (vi) an indicative traffic management design for the proposed “4 way intersection” on Hammond Road realignment being shown in the Plan, taking consideration of the land requirements and potential impact on adjoining landholdings;


    (vii) street hierarchy and likely traffic volume on the entry road being addressed in the report.
    2. consultation should take place with the Water Corporation, DEP and WRC to expedite the finalisation of the RRBL design requirements occurs as a matter of priority;
    3. the following requirements will need to be addressed through the subdivision process:


    (a) the subdivider shall prepare and implement a Drainage and Nutrient Management Plan for the subdivision, which shall be consistent with the South Jandakot Drainage Management Plan, the Environmental Management Programme for the South Jandakot Drainage Scheme and the Southern Suburbs District Structure Planning Area: Russell Road Arterial Drain Scheme prepared by David Wills & Associates.
    (b) the subdivider shall prepare and implement an Environmental Management Plan addressing the potential impacts of subdivision on the Beeliar Regional Park. A Revegetation and Landscape Program shall be provided to ensure that revegetation in the POS area and the wetland buffer zone shall be locally endemic species and be consistent with Beeliar Regional Park.


    (c) the subdivider shall prepare a Public Open Space Development and Management Plan, which needs to provide landscaping, earth works, drainage and public amenity facilities. The proponent should ensure that flora species known to be invasive or environmentally damaging are not used in any landscaping projects to protect the Beeliar Regional Park.
    (d) the subdivider shall prepare a fire management plan to demonstrate that the subdivision is in compliance the relevant fire management requirements.


    (e) the subdivider undertaking an assessment of soil conditions prevailing on the site to determine the extent and severity of any contamination that may have resulted from previous use of the land for market gardening and should contamination be evident, a Site Remediation and Validation Report shall be produced in consultation with the Department of Environmental, Water and Catchment Protection’s Contaminated Site Branch.
    (f) the site should be further investigated for the potential to generate Acid Sulfate Soils (ASS), in accordance with the Department of the Environment Acid Sulfate Soils Management Series. If the site is found to be at high risk of generating ASS then an ASS Management Plan should be prepared that minimises disturbance to at risk soils and details long-term management arrangements to prevent the generation of low pH drainage or groundwater.


    (g) subdivision proposals for land adjacent to future Hammond Road will need to address noise and amenity issues.
    (h) subdivision proposals for the subject land will attract conditions requiring contributions towards the widening and upgrading of Hammond Road and Russell Road in accordance with Development Contribution Area 2 (Success Lakes).
    (i) groundwater availability in this region may be limited and it is suggested the applicant liaise with the Water and Rivers Commission in this regard.


    (j) the road reserves and pavements widths to be designed in accordance with Council policy APD30 –Road Reserve and Pavement Standards.
    (k) proposed Hammond Road (Re–alignment) Other Regional Road reservation being ceded by the subdivider transferring the land required to the Crown free of cost and to be shown on the first Deposited Plan or Diagram of Survey.
    (3) adopt the Schedule of Submissions as contained in the Agenda attachment; and
    (4) advise the Western Australian Planning Commission and those persons who made a submission of Council’s decision.



    COUNCIL DECISION
    


    Background

    


    ZONING:

    MRS:

    URBAN




    DZS:

    Development Zone and falls within Development Area 8, and Development Contribution Area 2.

    LAND USE:

    VACANT

    LOT SIZE:

    14 ha (approx)

    AREA:




    USE CLASS:

    N/A

    This report concerns a proposed structure plan prepared by Roberts Day Group on behalf of Australand Holdings for land located within the Success Lakes Development Area – DA8 (Refer to Agenda attachments).


    The Structure Plan was submitted in June 2003 for consideration. Officers, acting under the delegated authority of Council (APD 42), determined that the proposal was suitable to be advertised for public comment.
    Submission
    The submitted Structure Plan was prepared for Lot 1 Hammond Road, Success, which is one of the landholdings backing onto the Beeliar Regional Park. The subject land is approximately 14 hectares and comprises two parcels of land separated by the Hammond Road realignment.
    The structure plan area is mainly coded R20, with two R30 residential areas located close to the proposed Public Open Space (POS) at the southern western portion of the land adjoining with a Resource Enhancement wetland, known as Lake Copulup.
    The structure plan proposal was advertised for public comment for a period of 28 days, and concluded on 8 August 2003. Owners of property near the subject land and various agencies and servicing authorities were invited to comment by letter. The local newspapers circulating in the locality carried advertisements of the proposal. A total of seven submissions were received including comments from WAPC, DPI, WRC, Water Corporation, Alinta Gas, and CALM. A Schedule of Submissions and the recommended responses is included in the Agenda attachments.
    Report
    The proposed Local Structure Plan is consistent with the endorsed Southern Suburbs District Structure Plan (stage 1) and generally meets most planning criteria for a proposal of this type. There are however two outstanding issues that require further consideration. These are as follows.
    1. Lake Copulup
    The south-western corner of Lot 1 Hammond Road contains portion of the wetland known as Lake Copulup, which covers a total area of approximately 3.5ha and is spread over four separate titles: Lot 1 Hammond Road, Pt Lot 458 (Parkwind Holdings) and Pt Lot 458 (Australand Holdings) to the south, and the Thomson’s Lake Nature Reserve further west. The Water and Rivers Commission has classified the lake as a sumpland with an assigned management category of “Resource Enhancement”.
    The advice from Water Corporation (Submission No 2) indicates that this area is required for the future Russell Road Buffer Lake (RRBL). The purpose of the RRBL is to accommodate regional drainage so that detrimental impacts upon Thomsons Lake from stormwater runoff from urban development are minimised. The RRBL is to be constructed in accordance with the requirements of the South Jandakot Drainage Management Plan 1990 and the Environmental Management Programme for the South Jandakot Drainage Management Scheme 1991, as well as Southern Suburbs District Structure Planning Area: Russell Road Arterial Drain Scheme prepared by David Wills and Associates(DWA).
    The Structure Plan has taken into account the role of Lake Copulup as a regional drainage facility. It indicates approximately 1 ha wetland set aside for drainage purposes and treated as a deduction from the POS contribution calculation. Public Open Space was proposed adjoining the Buffer Lake incorporating the 50m buffer as required by DEP and WRC for the Resource Enhancement category wetland. The Structure Plan also indicates that the Water Corporation’s bypass drainage channel is planned to be located along the north eastern side of Lake Copulup within the proposed POS.
    The difficulty in assessing the proposal is that the extent of land required for the RRBL is not yet known as no design has been finalised by the Water Corporation. The comments from Water Corporation states that the area required for the future Russell Road Buffer Lake will be dependent on the Water Corporation’s review of the alternative drainage management strategy to the 1990 South Jandakot Drainage Management Plan and the outcome of the review is Southern Suburbs District Structure Planning Area: Russell Road Arterial Drain Scheme, which was adopted by Council in May 2003. The DWA drainage strategy was referred to DEP on 4 August 2003. Following its approval by the DEP, a detailed analysis is to be done by Water Corporation to finalise the Buffer Lake design and to determine the precise location of the drainage bypass.
    Therefore it is not possible, at this stage, to endorse the proposal in the way it delineates the land requirements for the future RRBL, bypass channel and POS area until the RRBL design is finalised. Furthermore, Officers do not support the bypass channel being located within the POS area given that the bypass channel is an integral part of the regional drainage system and should be managed and maintained by the Water Corporation.
    WRC also provided comments on Lake Copulup regarding wetland boundary and buffers, wetlands/drainage management Plan and potential nuisance-insects problems (submission No 3). The comments also indicate that there should be no direct stormwater flow into Lake Copulup. However, it appears that the comments do not fully account for the future role of Lake Copulup as a regional drainage facility and the Water Corporation will be the responsible authority for its design, construction and management. It is therefore necessary that the proponent undertake further consultation with the Water Corporation, DEP and WRC to achieve a consistent inter-departmental position on the Buffer Lake design issues and amend the Structure Plan and report accordingly to the satisfaction of the City. It is also considered that the DEP should urgently consider the DWA drainage strategy and work with Water Corporation, WRC, the City and consultancies to finalise the RRBL design requirements.
    2. Public Open Space (POS)
    Although the POS Schedule shows that a total area of approximately 1.4776ha of Public Open Space (12.3%) is proposed within the Structure Plan area, there remain a number of issues that require further consideration regarding this POS provision and calculation methods applied (Submission No 1). These are as follows:


    • Hammond Road Realignment Other Regional Road (ORR) Reservation

    The Structure Plan shows that a 0.99ha separate lot is to be created for future Hammond Road realignment acquisition, and deducted from the POS calculation. The area of the lot is slightly different from ORR reservation boundaries as shown on WAPC MRS Clause 42 Certificate N.74102 comprising an approximate area of 0.9082 ha. This should be clarified in the Structure Plan Report, subject to detailed survey.




    • Balance Portion of the Subject Land

    The subject land comprises a 0.2528 lot being the balance of the land between the existing Hammond Road reserve and Hammond Road Realignment reserve. The Structure Plan indicates that the balance lot is to be excluded from this proposal and deducted from the POS provision. This is not considered acceptable given that the land is not included in any other local structure plan prepared for the adjoining properties and it should be addressed as part of this Structure Plan to satisfy the 10% POS requirement.




    • Temporary Drainage Swales

    The Structure Plan and POS Schedule indicates the use of temporary drainage swales (to accommodate the interim overflow before the Water Corporation’s drainage outlet being constructed) in the POS area with 100% credits being sought. The extent of the temporary drainage swales should be stated and the area shown on the Structure Plan. The use of open space for temporary drainage would only be acceptable if the area required does not adversely impact on the overall useability of the open space area for recreation purposes and there is some agreement in place that the drainage area will be suitably remediated once the permanent drainage area is established.




    • Russell Road Buffer Lake design and Bypass Channel

    The provision and calculation of the POS will be affected by the design and land requirements of future RRBL and the location of the bypass channel as previously discussed. It is also noted that the POS and drainage area shown in the Structure Plan are inconsistent with the POS Schedule.


    It is therefore required that the Structure Plan and POS Schedule be amended to appropriately address the above issues and detail the exact areas proposed for the open space, the respective vesting arrangements and accreditation being sought, as well as the Buffer Lake land requirements in consultation with the Water Corporation and relevant environmental referral agencies.
    Other issues
    Other issues raised in the submissions include dual use path, accessibility to community facilities, road network and traffic study, Beeliar Regional Park interface, groundwater level, midge buffer, fire management etc. These issues are detailed in the schedule of submissions. It is considered that these issues can be appropriately addressed through the Structure Plan approval and subdivision process.
    Summary
    The format, rationale and content of the proposed Structure Plan generally addresses the Western Australian Planning Commission’s policies and meets Council’s Town Planning Scheme No3 requirements for a proposal of this type. However, the finalisation of RRBL design is a major issue that needs to be resolved and its determination could have a significant impact on the POS provision and development layout. It is there recommended that Council not adopt the Structure Plan until such time as the RRBL design has been finalised by Water Corporation and the Structure Plan and report has been amended accordingly together with other recommended modifications.
    There is a pressing need to complete the RRBL design to facilitate the urban development in this area (including Pt Lot 458), and therefore the proponent should undertake further consultation with the Water Corporation, DEP and WRC to expedite finalisation of the RRBL design requirements.
    Strategic Plan/Policy Implications
    The Corporate Strategic Plan Key Result Areas which apply to this item are:-
    Planning Your City

    • "To ensure that the planning of the City is based on an approach which has the potential to achieve high levels of convenience for its citizens."

    • "To ensure that the development will enhance the levels of amenity currently enjoyed by the community."

    • "To foster a sense of community within the district generally and neighbourhoods in particular."

    Conserving and Improving Your Environment



    • "To conserve the quality, extent and uniqueness of the natural environment that exists within the district."

    • "To ensure that the development of the district is undertaken in such a way that the balance between the natural and human environment is maintained."

    Facilitating the needs of Your Community



    • "To facilitate and provide an optimum range of community services."

    • "To determine by best practice, the most appropriate range of sporting facilities and natural recreation areas to be provided within the district to meet the needs of all age groups within the community."

    Maintaining Your Community Facilities



    • "To construct and maintain roads, which are the responsibility of the Council, in accordance with recognised standards, and are convenient and safe for use by vehicles, cyclists and pedestrians."

    • "To construct and maintain parks which are owned or vested in the Council, in accordance with recognised standards and are convenient and safe for public use."

    The Planning Policies which apply to this item are:-


    SPD1 Bushland conservation Policy

    SPD3 Native Fauna Protection

    SPD5 Wetland Conservation Policy

    Apd4 Public Open Space

    Apd20 Design Principles for Incorporating Natural Management Areas Including Wetlands and Bushlands in Open Space and / or Drainage Areas

    Apd26 Control Measures for Protecting Water Resources in Receiving Environments

    Apd28 Public Open Space Credit Calculations

    Apd30 Road Reserve and Pavement Standards

    Apd31 Detailed Area Plans

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