This matter was deferred at the Ordinary Council Meeting held on 24 October 2018 until such time as all relevant conversations with experts can be completed, and that interested Councillors have the opportunity to meet with planning staff to discuss these findings.
Update:
City officers have meet with officers of the Department of Biodiversity, Conservation and Attractions to discuss the City’s approaches to fauna management. A report on this matter will be returned to Council at an upcoming meeting.
13.2 CARETAKER'S DWELLING (EXISTING) - LOT 7 (NO.16) OLD TOODYAY ROAD, GIDGEGANNUP (DA853-17)
This matter was deferred at the Ordinary Meeting of Council held on 13 March 2019 to allow staff to allow the owners to obtain a report from a suitably qualified fire protection professional. The fire protection professional is to advise on the design of fire protection measures and these measures are to form conditions as part of a potential approval to run with the ownership of the property.
Update:
The City will contact the owner and request they follow up on the action required in the Council recommendation, giving a time frame in which a response is to be provided to the City. If action/response is not followed up by the owner, a report will be referred back to Council.
13.3 NEW COUNCIL POLICY POL-C-169 - ELECTION CARETAKER PROVISIONS This matter was deferred at the Ordinary Meeting of Council held on 28 August 2019 until early 2020.
13.4 FILLING OF LAND FOR THE CONSTRUCTION OF A RUNWAY - LOT 121 (NO.2927) & LOT 249 (NO.2775) TOODYAY ROAD, GIDGEGANNUP (DA479-18 & DA480-18)
Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
RECOMMENDATION That the Council resolve to:
1) Approve the proposed development associated with the Filling of land for a Constructed Runway at Lot 121 (No. 2927) and Lot 249 (No.2775) Toodyay Road, Gidgegannup, subject to the following conditions:
1. This approved development is to comply in all respects with the attached approved modified plan AR01 (Revision B). The plan approved as part of this application forms part of the development approval issued.
2. The runway shall only be used for domestic private purposes and not for commercial purposes.
3. The frequency of flights shall be limited to a maximum of (4) two-way movements a month.
4. Prior to remediating the contaminated area of the site, as delineated on the Site Plan, a 'Remediation and Site Management Plan' shall be prepared in accordance with the Department of Water and Environmental Regulation 'Guidelines for the Assessment, Remediation and Management of Asbestos-Contaminated Sites in Western Australia', and must be to the satisfaction of the Department of Water and Environmental Regulation, in consultation with the City of Swan.
5. The approval of the 'Remediation and Site Management Plan' and remediation works must be undertaken prior to the use of the runway.
6. Remediation, inclusive of all earthworks and ongoing asbestos management, shall be undertaken in accordance with the approved 'Remediation and Site Management Plan' to the satisfaction of the City of Swan, upon advice from the Department of Water and Environmental Regulation.
7. All stormwater must be contained and disposed of on-site and clear of buildings at all times, to the satisfaction of the City of Swan.
8. Any additional information which is not in accordance with the application (the subject of the approval) or any conditions of approval will require further approval of the City.
2) Advise the applicant/owner and those who lodged a submission of Council’s decision accordingly.
MOTION that the Council resolve to:
1) Refuse to grant approval for the proposed development associated with the Filling of Land for the Constructed Runway at Lot 121 (No.2927) and Lot 249 (No.2775) Toodyay Road, Gidgegannup for the following reasons:
1. Residents have expressed concern over the potential for airborne asbestos as the asbestos cover will not be sealed.
2. Residents are concerned that horses being ridden nearby could be spooked due to the noise with potential tragic consequences.
3. The rural amenity will be impacted by flyovers and the noise generated by the airplane.
(Cr Henderson – Cr Kiely)
RESOLVED UNANIMOUSLY TO:
1) Refuse to grant approval for the proposed development associated with the Filling of Land for the Constructed Runway at Lot 121 (No.2927) and Lot 249 (No.2775) Toodyay Road, Gidgegannup for the following reasons:
1. Residents have expressed concern over the potential for airborne asbestos as the asbestos cover will not be sealed.
2. Residents are concerned that horses being ridden nearby could be spooked due to the noise with potential tragic consequences.
3. The rural amenity will be impacted by flyovers and the noise generated by the airplane.
13.5 PETITION - EMU SWAMP CONSERVATION CATEGORY WETLAND
Ward: (Whiteman Ward) (Executive) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning & Development)
Cr Congerton declared a proximity interest in Item 13.5 – Petition - Emu Swamp Conservation Category Wetland as he is the owner of land adjoining Lot 501 Paradise Quays, Ballajura which adjoins Emu Swamp.
Cr Congerton left the Chamber at 7.01pm.
Cr Parry declared an impartiality interest in Item 13.5 – Petition - Emu Swamp Conservation Category Wetland as he signed the petition.
RECOMMENDATION That the Council resolve to:
1) Not adopt the action requested in the petition.
2) Advise the petition organiser of the Council's decision.
MOTION that the Council resolve to:
1) Receive the report on “Emu Swamp Reserve – Buffer to Wetland” prepared by Mr Darren Walsh, Executive Director – Strategen-JBS&G.
2) Not adopt the action requested in the petition.
3) Advise the petition organiser of the Council’s decision.
4) Note that the 50m Emu Swamp buffer has been pegged and is visible.
5) The reason for changing the officer recommendation is to formally receive the report by Strategen JBS&G and its recommendation that “It is considered that the buffer of 50m is more than adequate for the wetland located within the Emu Swamp Reserve”, and “..it is consistent with usual policy and decision making with respect to wetland buffers.”
(Cr McNamara – Cr Zannino) Cr Jones left the Chamber at 7.03pm.
Cr Jones entered the Chamber at 7.05pm.
MOTION WAS PUT TO THE VOTE AND LOST (3/11) For: Crs Bailey, McNamara and Zannino
Against: Crs Catalano, Henderson, Johnson, Jones, Kiely, Lucas, McCullough, Parry, Predovnik, Richardson and Scanlan
MOTION that the Council resolve to:
1) Adopt the action requested by the petitioners allowing for an 80 metre buffer zone as recommended by the Department of Environment and Conservation letter dated 19 January 2012 and the Environmental Protection Authority letter dated 16 October 2014.
2) Council have the site surveyed at the earliest opportunity clearly showing the 80 metre buffer zone with identifying markers.
3) Advise the petitioners accordingly.
4) The reason for the changing the officer recommendation is to recognise the importance of the two reports noted above that clearly articulate the need for a 80m buffer zone, noting the two reports were omitted from the Strategen report.
(Cr Parry – Cr Catalano)
RESOLVED (13/1) TO:
1) Adopt the action requested by the petitioners allowing for an 80 metre buffer zone as recommended by the Department of Environment and Conservation letter dated 19 January 2012 and the Environmental Protection Authority letter dated 16 October 2014.
2) Council have the site surveyed at the earliest opportunity clearly showing the 80 metre buffer zone with identifying markers.
3) Advise the petitioners accordingly.
4) The reason for the changing the officer recommendation is to recognise the importance of the two reports noted above that clearly articulate the need for a 80m buffer zone, noting the two reports were omitted from the Strategen report.
For: Crs Bailey, Catalano, Henderson, Johnson, Jones, Kiely, Lucas, McCullough, Parry, Predovnik, Richardson, Scanlan and Zannino
Against: Cr McNamara
Cr Congerton entered the Chamber 7.27pm.