The application was referred to the DoE in accordance with Council policy. The proposal is required to be licensed by the DoE and a draft licence was referred to the City for comment. The DoE has advised that this draft licence has been modified and is to be issued shortly. The City has received confirmation that the fill material is acceptable within the terms of the licence and staff are satisfied
reservation associated with Roe Highway.
Item 3.7 (Cont’d 4)
MRWA has advised of non objection to the proposed fill works subject to the imposition of the following conditions:
• no earthworks shall encroach onto the Roe Highway reserve;
• no stormwater drainage shall be permitted onto the Roe Highway reserve;
• no vehicle access shall be permitted onto the Roe Highway reserve;
• no development other than landscaping or car parking shall be permitted on the land shown required for future road purposes on the enclosed extract of main roads drawing 8121-142-2;
• the applicant shall make good any damage to the existing verge vegetation within the Roe Highway reservation.
REPORT
City of Swan Policy Pol-C-061 “Filling of Land”
Fill Material
Council’s adopted policy requires that applications for the filling of land that entail anything other than clean fill be referred to the Department of the Environment. The subject application was referred to the DoE which has advised that the proposal constitutes a Prescribed Premises under section 56 of the Environmental Protection Act 1986, being categorised as a Class 1 Inert Landfill Site and a Solid Waste Depot. Accordingly the landfill activities are subject to a Licence and the DoE have further advised that a Licence is to be issued shortly. On this basis City staff are satisfied that the fill material is acceptable.
Purpose of Fill
The policy also requires that staff have regard to the purpose of the fill when assessing applications.
In this instance the purpose of the fill as stated by the applicant is to rehabilitate the site and to establish levels suitable to the future potential subdivision and development of the site for industrial use. The City endorses the recommendations of the Draft Kewdale Hazelmere Industrial Masterplan (KHIM) that this portion of Hazelmere south of the bypass be rezoned to industrial under the Metropolitan Region Scheme and the City’s Town Planning Scheme, and to this end the purpose of the proposed fill on the subject site is considered acceptable. Noting the type of material that is being filled, the applicant will need to verify foundation stability of the land at the subdivision/development stage in the future and it is recommended that this requirement be noted on the title of the subject lot.
The application is not for a waste disposal facility.
Setbacks, Drainage and Stabilization.
Council’s policy does not prescribe any setbacks from lot boundaries for the filling of land. The
Item 3.7 (Cont’d 5)
Midland Road frontage. These gradients are consistent with Council’s policy and the applicant has indicated their intention to further stabilise with hydromulching. Two retaining walls of one metre and two metres in height respectively are proposed in the north-east corner of the subject lot.
Standard conditions to be imposed on any approval will require that any stormwater generated onsite be retained onsite and does not flow into the Midland Road reserve or the Roe Highway reserve.
Dust Management
The Licence to be issued by the DoE contains standard conditions on the management of dust and the applicant has indicated dust suppression techniques including watering and hydromulching. Standard conditions on any approval will reiterate the requirement to mitigate against airborne dust.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to grant retrospective approval to the existing fill and approve the proposed fill subject to standard conditions and a special condition for a notification on title requiring the provision of a geotechnical certification of foundation stability prior to any future subdivision.
This is the recommended option.
Implications: Present legal action against the applicant (stop work and reinstatement orders) will be superseded. Council will have the ability to impose conditions to ensure the site is suitable for development in the future.
Option 2: Council may resolve not to grant retrospective approval to the existing fill or approve the proposed fill on the grounds that the fill is not justified by any approved development for the site and the intent is contrary to the current General Rural zoning of the land.
This is not the recommended option.
Implications: The applicant will have a right of appeal to the State Administrative Tribunal.
CONCLUSION
The proposal is for retrospective approval for existing fill and approval for further proposed filling of Lot 3 (No.355) Midland Road in Hazelmere. The proposed fill is for the rehabilitation of the land and to establish levels suitable for the potential future subdivision and development for industrial purposes.
The proposal was advertised for public comment for a 21 day period with a single objection received, siting concern that the land would be used as a type of soil recycling facility, inconsistency with the future planning and amenity of the area. The application was also referred to MRWA (the subject land is partially reserved) who have advised of no objection based on imposition of a number of standard conditions controlling access from Roe Highway and restricting encroachment from earthworks and stormwater runoff. The proposal is not for a waste disposal facility and the purpose of the fill is accepted against the likely future zoning changes for the locality recommended by the
Item 3.7 (Cont’d 6)
KHIM report. In accordance with Council’s adopted policy Pol-C-061 “Filling of land” the application was referred to the Department of the Environment. The DoE has advised that the proposed fill will be subject to a Licence, being a prescribed premises under the Environmental Protection Act and will be regulated by standard environmental conditions including dust management.
On this basis the advice of the DoE is accepted and, given the proposal complies with all other aspects of Council Policy it is recommended that Council grant approval subject to standard conditions and a special condition for a notification of title advising of requirement for certification of foundation stability prior to any future subdivision and/or approval.
ATTACHMENTS
• Location Plan
• Site Plan
APPENDICES
Correspondence from Department of Environment
STRATEGIC IMPLICATIONS
City of Swan Policy Pol-C-061 “Filing of Land”
STATUTORY ENVIRONMENT
City of Swan Town Planning Scheme No. 9FINANCIAL IMPLICATIONS
NilRECOMMENDATION
That the Council resolve to:(1) Grant retrospective approval to the existing fill and approve the proposed fill at Lot 3 (No.355) Midland Road, Hazelmere, subject to the following conditions:
Item 3.7 (Cont’d 7)
geotechnical report from a certified practicing engineer verifying the foundation stability of the subject lot prior to any future subdivision and/or further development of the land.
The notification shall read:
“This lot has been subject to filling with class 1 inert material. Prior to any subdivision and or development of the land the applicant is to provide a geotechnical report by a suitably qualified and practicing structural engineer certifying that any fill has been compacted to a standard that is adequate for any development or use likely to occur on compacted or filled area.”
2. Earthworks are not to extend over any lot boundaries.
3. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown from the site.
4. All new and existing stormwater is to be collected and disposed of into the existing onsite stormwater system. No stormwater is to be discharged from the property into other land or reserves.
5. 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.
Advice notes
1. This is a Development Approval of the City under its Town Planning Scheme No. 9. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.
2. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.
3. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant.
It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.
4. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.
5. Embankment stabilisation shall be in accordance with the provisions of the Building Code of Australia.
Item 3.7 (Cont’d 8)
6. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.
All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.
No works shall commence prior to 7.00 am without the City’s approval.
7. Any asbestos must be handled, used, removed and disposed of in accordance with the Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2001. Please contact the Department of Environmental Protection to ensure compliance with the removal and transport of the asbestos.
8. The carrying on of the development must not cause a dust nuisance to neighbours.
Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.
CARRIED
Cr Alban declared a financial interest in Item 3.8 by virtue of a business relationship with the proponent. Cr Alban left the Chamber at 6.18pm and was absent during the whole of the debate on Item 3.8 and did not speak or otherwise participate in the decision making process.
3.8 PROPOSED TRANSPORT DEPOT, HIRE SERVICE INDUSTRIAL, OFFICE:
GENERAL, LIGHT INDUSTRIAL AND SALVAGE YARD - LOT 29 BUSHMEAD ROAD, HAZELMERE
(DA 15877 / 2004) (GUILDFORD WARD) (SPS)
KEY ISSUES AND RECOMMENDATION
• The applicant is seeking approval for the development of three 1100m2 sheds which are intended to accommodate light industrial activity with an ancillary office component. The subject lot is also intended to accommodate the storage and operation of heavy vehicles and materials associated with the operation of a salvage yard.
• The subject lot is understood to be currently being used as a storage yard and to this end the application is seeking approval for this use until such time as materials can be transferred into a completed building.
• The subject land is zoned “Industrial” under the Metropolitan Region Scheme (MRS) and
“Industrial Development” under the City’s Town Planning Scheme No.9. The intended uses are all designated “SA” uses within this zone, which under the Scheme has a mandatory requirement for public advertising.
• The application was advertised for a period of 21 days. Two submissions were received – both non-objections but one raising a number of concerns (traffic management, dust control, landscaping and storage controls) requested to be addressed as conditions of any development approval.
• Whilst the subject lot is zoned Industrial Development and the Scheme provisions detail a requirement for the preparation and adoption of an Outline Development Plan prior to subdivision or development, the established practice of City staff has been to consider on their individual merits development proposals for this zone (such as transport depots) that are “dry”
industries not requiring the extensive provision of infrastructure. In this instance the proposal does not entail a requirement for reticulated effluent disposal and stormwater will be fully managed onsite via provision of an open drain and compensating basins. Notwithstanding it is the intention that development in the zone contributes to the provision of infrastructure and to this end the proposal will require the upgrading of Military Road.
• The proposal complies with the Scheme development provisions in regards to setbacks, car parking and plot ratio. The requirement for landscaping, which under the Scheme is 10% of the site with a minimum road frontage width of 3 metres is in this instance proposed to be accommodated within the road reserve verge. This is considered to be acceptable but will require the applicant to submit, as a condition of any development approval a Landscaping Management Plan detailing the area to be landscaped, a species list, density of planting and intended management.
It is recommended that Council approve the application for Transport Depot, Hire Service-Industrial, Office: General, Light Industrial and Salvage Yard at Lot 29 Bushmead Road, Hazelmere subject to standard conditions and a special condition on the upgrading of a portion of Military Road.
Item 3.8 (Cont’d 2)
AUTHORITY/DISCRETION
Council has discretion under Clause 2.3.9 of the Scheme to determine applications for development approval. Clause 2.3.16 provides Council with the discretion to approve existing development already commenced or carried out.
BACKGROUND
APPLICANT: Greg Rowe and Associates
OWNER: Giuseppe Peter Callo and Nadine Callo ZONING: TPS - Industrial Development
MRS - Industrial
STRATEGY/POLICY: N/A
DEVELOPMENT SCHEME: N/A
EXISTING LAND USE: Shed and storage yard
LOT SIZE: 2.2577 ha
AREA: 3300m2
USE CLASS: Transport Depot - “SA”
Hire Service- Industrial “SA”
Office: General “SA”
Industry: Light “SA”
Salvage Yard “SA”
DETAILS OF THE PROPOSAL
The applicant proposes the development of three colourbond and concrete tilt up buildings being 20m x 55m (1100m2) located across the site with minimum setbacks of 30 metres and 20 metres from the lot boundaries. The buildings are proposed to accommodate unspecified light industrial uses with an ancillary office component of 150m2 per building, provision for the parking and operation of heavy vehicles and general storage which is currently occurring onsite but intended to be transferred within one of the proposed buildings once constructed. An open air display area and large vehicle parking area is designated for the lot as indicated on the attached plan.
Provision is made for 163 car parking bays, onsite stormwater drainage disposal via open drains and two compensating basins. It is proposed to utilise the verge of the road reserve for Bushmead and Military Roads to satisfy the Scheme requirement for site landscaping.
The existing shed onsite is proposed to be demolished/removed.
DESCRIPTION OF SITE
The subject lot is located on the north western corner of the intersection of Military and Bushmead Roads and to the west of Roe Highway in Hazelmere. The lot is relatively flat, cleared and includes
2
Item 3.8 (Cont’d 3)
SITE HISTORY/PREVIOUS APPROVALS
The subject lot has been subject to a variety of applications including a service station none of which have been approved.
APPLICANT’S SUBMISSION
The applicant has provided the following points in support of the application:
• The proposal complies with the Council’s intent for the area (industrial);
• The proposal meets the City’s Scheme requirements with respect to setbacks, car parking and landscaping.
PUBLIC CONSULTATION
The application was advertised for public comment in accordance with Scheme requirements for a period of 21 days, including written notification to surrounding landowners, a sign on site inviting any interested parties to make a submission and referral to the Hazelmere Progress Association (HPA).
Two submissions were received advising of no-objection.
The submission from the Hazelmere Progress Association (HPA) expressed the following matters to be considered as conditions of any development approval issued for the proposal:
• Regulation of potential toxic/hazardous material proposed to be stored onsite;
• Regulation of heavy vehicle traffic associated with the operation of the site particularly usage of roads servicing the residential portion of Hazelmere;
• Heavy vehicle access to the site and impact on traffic;
• Disposal of waste water from vehicle washdown areas;
• Dust control (requirement for sealed surfaces);
• Landscaping;
• Limitation on hours of operation to mitigate nuisances such as light spill.
These issues will be addressed in the report and in some instances recommended as conditions of any development approval.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The application was referred to Main Roads WA on the basis that it abuts the Roe Highway Reserve.
Main Roads has advised that the proposal does not affect any roads under their control and accordingly has no objection to the proposal.
Item 3.8 (Cont’d 4) REPORT
Consideration of the application prior to finalisation of strategic approach to planning in the Hazelmere Industrial Area
In exercising its discretion and determining the application, the Council is to have due regard to the matters identified in sub-clause 2.3.8 of Town Planning Scheme No. 9, one of which is the interests of orderly and proper planning and the preservation of amenity of the relevant locality.
Although the term “orderly and proper planning” is one that is not defined within the Scheme and at best could be considered broad and non-specific, it is a term that is consistently used within the Town Planning profession to describe, for example, development or subdivision that is consistent with the intent of respective schemes, zones, infrastructure and long-term planning and landuse strategies.
In considering the proposal and the inadequately serviced land within the Hazelmere Industrial Area, it may be considered that approval of the application is not in the interests of orderly and proper planning as it is premature to require the provision of adequate infrastructure, which is identified as a matter to be addressed by the strategic planning approach to the Hazelmere Industrial Area, as outlined in Council’s resolution of 25 July 2001. Furthermore, it may be considered that, if approved, the development would be premature to the finalisation and implementation of the above strategic approach and may make it more difficult for the Council to effectively and efficiently implement certain aspects, such as a cost recovery mechanism for infrastructure.
This view is formed on the assumption that it is more unlikely that owners of developed land would willingly contribute to the cost of providing infrastructure in a locality.
Alternatively, it may be considered that the proposal is generally consistent with the existing industrial development in the locality and an objective of the strategic approach to the Hazelmere Industrial Area to permit some low intensity industrial developments that are able to effectively manage drainage and effluent disposal on-site, without the provision of relevant reticulated infrastructure. Furthermore, it may be considered unreasonable to delay the development until the finalisation of the strategic approach, which may take in excess of 18 months or more to implement.
Permissibility of Use
The proposal incorporates a range of uses categorised as Transport Depot, Hire Service – Industrial, Office: General, Industry: Light and Storage Yard under the City’s Scheme, all of which are “SA”
uses in the “Industrial Development” zone.
Whilst the Scheme provisions applicable to the “Industrial Development” zone require the preparation and adoption of an Outline Development Plan (ODP) prior to subdivision or development in this zone, Council’s position has been to consider development proposals on their merits, particularly where these involve uses that do not require provision of reticulated stormwater/waste disposal infrastructure. The subject proposal is similar to other transport depot uses approved in this zone within the Hazelmere area and does not require connection to reticulated services.