PART B - REPORTS
3. STATUTORY PLANNING
3.4 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL OF PROPOSED PLACE OF WORSHIP AND CHANGE OF USE OF EXISTING
3.4 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL
4. No amplified call to prayer, lectures, meetings, festivals or any other amplified activity associated with the Al-Tawheed Islamic association is to be carried out on site at any time.
5. Prior to occupation or use of the development the approved parking plan must be implemented, constructed and thereafter maintained to the satisfaction of the City of Swan, for the life of the development.
6. The access and design of car parking spaces must comply with AS2890.1.
7. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City of Swan, in accordance with the approved plans.
8. All crossovers must be built and maintained in accordance with the City's specifications.
9. Prior to a building permit being issued, the applicant must submit and have approved by the City of Swan, and thereafter implement to the satisfaction of the City of Swan, a construction management plan addressing the following matters:
a) How materials and equipment will be delivered and removed from site;
b) How materials and equipment will be stored on the site;
c) Parking arrangements for contractors;
d) Construction waste disposal strategy and location of waste disposal bins;
e) Details of cranes, large trucks or similar equipment which may block public thoroughfares during construction;
f) How risks of wind and/or water borne erosion and sedimentation will be minimised during the works; and
g) Other matters likely to impact on the surrounding properties.
10. Prior to a building permit being issued, a detailed landscaping plan for the subject site and/or the road verges must be submitted to and approved by the City of Swan and must include the following:
a) The location, number, size and species type of existing ground covers, shrubs and trees;
b) Any existing landscape area to be retained;
c) Those areas to be updated, reticulated or irrigated; and
d) Verge treatments, with specific attention paid to the screening of the parking area from Lakefarm Retreat.
11. The owner shall pay all costs associated with the removal of any verge tree(s) adjoining the subject site. Prior to any tree(s) being removed the owner is to liaise with the City on a suitable 'like' replacement and the replacement tree(s) planted at their cost to the satisfaction of the City of Swan.
12. All stormwater must be contained and disposed of on-site at all times, to the satisfaction of the City of Swan.
13. Prior to a building permit being issued, a Water Management Plan prepared by a suitably qualified environmental consultant shall be submitted to and approved by the City in consultation with the Department of Water and Environmental Regulation. The water management plan shall address the following matters:
• Potential risks to water quality from the existing land uses and proposed development including wastewater loadings and management;
• Management of stormwater during construction and from carparks and internal driveways;
• Management of irrigation and nutrients from landscaped areas
14. The owner/applicant is required to submit an application to the Water Corporation to connect to the Water Corporation's wastewater system south of Hepburn Avenue for the approved Place of Worship.
15. An acoustic report for the Place of Worship is to be prepared by a suitably qualified acoustic consultant and submitted to and approved by the City demonstrating compliance with the noise targets set out in State Planning Policy 5.4 Road and Rail Noise. Any required modifications to the building(s) shall be implemented prior to occupation.
16. Prior to the lodgement of a Building Permit application, a Notification pursuant to Section 70A of the Transfer of Land Act 1893 must be registered over the Certificate of Title to the land the subject of the proposed development. The notification shall notify owners and prospective purchasers of the land that the lot is situated in the vicinity of a transport corridor and is currently affected, or may be affected in the future by transport noise.
17. Prior to the lodgement of a Building Permit application, a Bushfire Management Plan and Bushfire Emergency Evacuation Plan prepared by a suitably qualified Bushfire Consultant is to be submitted to and approved by the City of Swan in consultation with the Department of Fire and Emergency Services.
18. Prior to the lodgement of a Building Permit application, a Notification pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the Certificate of Title of Lot 23 (No.1) Lakefarm Retreat, Ballajura advising current and future landowners that the property is in a Bushfire Prone Area.
19. Prior to the lodgement of a Building Permit application, an acid sulphate soils report and an acid sulphate management plan shall be submitted to the satisfaction of the City of Swan, in consultation with the Department of Water and Environmental Regulation.
20. All site works are to comply with the acid sulphate soils management plan.
21. External lighting shall comply with the requirements of Australian Standard 4282 - Control of Obtrusive Effects of Outdoor Lighting.
22. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.
2) Record the reasons for changing the officer recommendation as being that:
1. The reduced footprint and downsizing of the development has reduced the risk to groundwater contamination.
2. The applicant has undertaken significant amendments to address the traffic impacts on the amenity of the existing rural lifestyle.
(Cr Kiely – Cr Scanlan)
Cr Johnson left the Chamber at 8.51pm.
Cr Johnson entered the Chamber at 8.54pm.
AMENDMENT TO THE MOTION
Cr Henderson requested the following amendment:
Insert new part e) to Condition 10 to read:
Screening of the facility along Hepburn Avenue.
The mover and seconder of the substantive motion agreed to the amendment.
THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION
AMENDMENT TO THE MOTION
Cr Henderson requested Condition 15 be deleted.
The mover did not agree to the amendment.
MOTION WAS PUT TO THE VOTE AND LOST (6/9)
For: Crs Catalano, Henderson, Kiely, Lucas, Richardson and Scanlan
Against: Crs Bailey, Congerton, Johnson, Jones, McCullough, McNamara, Parry, Predovnik and Zannino
MOTION that the Council resolve to adopt the staff recommendation.
(Cr Congerton – Cr McNamara)
RESOLVED (9/6) TO:
1) Refuse to grant planning approval for a proposed Place of Worship and Change of Use of Existing Single House to Caretaker's Dwelling at Lot 23 (No.1) Lakefarm Retreat, Ballajura for the following reason:
1. The use class 'Place of Worship' is listed as an incompatible land use within a Priority 2 source protection area outlined in State Planning Policy 2.2- Gnangara Groundwater Protection and the proposed intensification of development onsite presents an unacceptable risk to groundwater pollution and contamination.
2) Advise the owner/applicant of the resolution of Council.
3) Advise those that lodged a submission of the Council's decision accordingly.
For: Crs Bailey, Congerton, Johnson, Jones, McCullough, McNamara, Parry, Predovnik and Zannino
Against: Crs Catalano, Henderson, Kiely, Lucas, Richardson and Scanlan
3.7 PROPOSED EXTENSION TO REAR OF EXISTING SINGLE HOUSE - LOT 112