ABOVE: Proposed re-subdivision of the site

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3.3 PROPOSED SUBDIVISION - LAND TO THE NORTH-EAST OF CRANWOOD CRESCENT, VIVEASH (SB001-20)

Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Catalano declared an impartiality interest in Item 3.3 - Proposed Subdivision - Land to the North-East of Cranwood Crescent, Viveash (SB001-20) as she is a member of the Blackadder Catchment Group which made a submission.

KEY ISSUES

• The Western Australian Planning Commission (WAPC) has referred for comment a proposed subdivision for 60 residential lots, which seeks to vary the existing approved (but unconstructed) subdivision of 30 lots located on land owned by Midland Brick to the east of Cranwood Crescent and south of Reg Bond Reserve in Viveash.

• The land is zoned 'Residential Development' under the City’s Local Planning Scheme No.17 (LPS17). While this zone normally requires the preparation of a structure plan to guide subdivision, the existing approved subdivision over the site occurred in the 1960s well before the zone came into effect and so the proposed re-subdivision of the land cannot be considered to prejudice the specific purposes and requirements of the structure planning area.

• The application was advertised to residents within Viveash in order to inform Council’s recommendation on the subdivision to the WAPC.

• The City received 49 submissions of which 46 were objections to the proposal and the remaining three (3) were non objections. The key issues raised in the objections concerned the loss of amenity and environmental impact due to the clearing of vegetation, the small size of the lots proposed and resultant increased traffic, noise and demand on public open space (POS) and local services.

• The proposal entails no additional clearing of vegetation beyond that which would be entailed to construct the existing subdivision and a minimal increase in estimated traffic (284 additional vehicles per day).

• City staff consider that the proposal represents an improvement on the existing approved subdivision by virtue of the extension of Eveline Road and the provision of some public open space, which complies with the !0%

requirement.

• Notwithstanding City staff consider that the proposed public open space area of 3341m² should be increased to 4000m² consistent with the City’s policy and to afford the retention of a greater number of wandoo trees indicated as potential habitat for black cockatoos.

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It is recommended that the Council resolve to recommend to the Western Australian Planning Commission (WAPC) that the subdivision application be approved subject to conditions.

AUTHORITY/DISCRETION

Section 142 of the Planning and Development Act 2005 requires the WAPC to refer a plan of subdivision to a local government that might be affected by that plan, for any objections and recommendations.

BACKGROUND

Applicant: Element Advisory Pty Ltd

Owner: Boral Bricks Western Australia Pty Ltd (trading as Midland Brick Company Pty Ltd) - (Director/s: Wayne Stuart Manners, John Wayne Ralph and Paul Andrew Connor)

Zoning: LPS17 - Residential Development

MRS - Urban

Strategy/Policy: Liveable Neighbourhoods Policy

SPP 3.7 – Planning in Bushfire Prone Areas SPP 4.1 – State industrial buffer

SPP 5.1 – Land use planning in vicinity of Perth Airport Local Planning Policy POL-LP-1-12 – Public Open Space and Community Buildings

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Vacant

Site Area: 4.2691ha

DETAILS OF THE PROPOSAL

The WAPC has referred an application for a proposed residential subdivision in Viveash to the City for comment.

The subdivision site comprises an area of approximately 4.3ha located along the western boundary of the Midland Brick brickworks site and directly south of Reg Bond Reserve and the Swan River. The land is currently owned by Midland Brick as surplus land, however the applicant has advised that a consortium of new owners, comprising Linc Property, Fini Group and Birchmead (part of the CFC Group), is in the process of purchasing the land and surrounding brickworks site from Midland Brick.

The subject site currently comprises of 30 existing titled lots and a network of existing unconstructed road reserves that were created in the 1960s but never developed and so the site remains vacant to date. The application seeks to modify the existing subdivision layout by proposing a new design, the key details of which are:

• Total 60 residential freehold lots ranging in size from 200m² to 734m² (R20 – R40 density). The lots are intended to be developed for single residential dwellings in two (2) forms: traditional single houses with street frontage, and terrace-style laneway housing overlooking public open space;

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• A new 0.3341ha public open space;

• A new 0.1626 ha temporary stormwater drainage lot; and,

• New roads linking existing road reserves for vehicular and pedestrian connectivity, including the extension of Eveline Road to the east to create a new connection to Viveash via Great Northern Highway.

PUBLIC CONSULTATION

The subdivision underwent the following public consultation process for 27 days between 14 January and 10 February 2020:

• written notice to all landowners within Viveash west of Cranwood Crescent;

• written notice to the Blackadder/Woodbridge Catchment Group Inc;

• two (2) signs on site at Winston Crescent and Cranwood Crescent; and,

• publication on the City's website.

49 submissions were received, of which 46 were objections to the proposal and the remaining three (3) were non objections.

The following is a summary of the key issues raised in the public submissions:

• Loss of amenity and the detrimental environmental impacts of the clearing of vegetation on Black Cockatoo habitat and other native wildlife corridors;

• Detrimental impact of increased traffic and noise on amenity, road congestion, and pedestrian and traffic safety. There is already high traffic and a lack of cycle and foot paths in the area to safely access existing parks and reserves;

• Lot sizes are too small and will detract from the character of Viveash. Increased population will cause excessive demand on existing parks, schools and infrastructure, including water supply and pressure;

• POS allowance is too small, there is no place to kick a ball or provide a playground for young children;

• Potential noise, dust, rubbish and other contaminants from Midland Brick and construction activities, particularly with the removal of the existing earth bund;

• Lack of consultation with traditional owners about Aboriginal heritage.

City staff advise that the WAPC, as the determining authority for the subdivision application, will refer the plan of subdivision to any affected state public authority or utility service provider for comments and recommendations, including matters concerning Aboriginal heritage, environmental and water resources, site contamination, schools and utility services.

Council is directed to the 'Details' section of this report for the Assessing Officer’s response to all other issues raised in the submissions that relate to planning considerations and the City’s regulatory functions as a local government.

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DETAILS Zoning:

The land is zoned 'Residential Development' under LPS17. While this zone normally requires the preparation of a structure plan to guide subdivision and development, the existing approved subdivision over the site occurred in the 1960s well before the zone came into effect and so the proposed re-subdivision of the land cannot be considered to prejudice the specific purposes and requirements of the structure planning area.

Pursuant to clause 5A.1.4.2 of LPS17, City staff consider that the proposed subdivision is acceptable for approval by the WAPC subject to recommended conditions as discussed in the following sections.

Lot Sizes and Density:

A number of objections cited that the proposed lot sizes are too small for Viveash and will detract from the existing, unique character of the area.

The proposed Density Plan for the subdivision is shown in Attachment 4. Most of the proposed lot sizes correlate to the R20 code (minimum 350m² lot area), with the slightly higher R25 code (minimum 300m²) applicable to corner / end lots, and the R40 code (minimum 180m²) applicable to four (4) laneway lots in the south of the site.

The proposed lot sizes and density are largely consistent with the R20 and R25 density range applied to The Crescent residential subdivision by Pindan Group directly west of the site that was approved in 2016, however the lot sizes are smaller than most of the existing residential lots further to the west within the older part of Viveash, which is mostly dual coded R20/35 with some R15 and R20 coded lots.

Although the proposed lot sizes are smaller than most lots in the older part of Viveash, City staff do not consider that the proposed density is inappropriate within the context of the Viveash locality because the dual coding of R20/35 envisages, and in fact promotes, opportunity for infill development at a minimum lot size of 220m² at the higher R35 code. The proposed lot sizes of the subdivision meet the minimum area requirements for the applicable density codes and will facilitate the development of single residential dwellings in keeping with the existing form of housing in the area and expectations of current and future residential amenity.

Clearing of Vegetation & Public Open Space (POS):

A number of objections cited the potential loss of amenity and detrimental environmental impacts of the clearing of vegetation on the Black Cockatoo habitat and other native wildlife corridors over the site.

The proposed subdivision will result in the clearing of most of the vegetation over the site to facilitate the creation of residential lots. The applicant has provided an Environmental Values Report prepared by Emerge Associates, which found that existing vegetation on the site is largely ‘degraded’, non-native and of low value as potential fauna habitat, except for an area of 0.32ha comprising 20 Eucalyptus wandoo trees in the south of the site, which has some potential as breeding, foraging and roosting habitat for the threatened Black Cockatoo species. This vegetation is described by the applicant as follows:

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“Approximately 0.32 hectares of very limited foraging habitat for black cockatoos is considered to occur within the site; however, given the relatively small extent and presence of extensive areas of higher quality foraging habitat nearby associated with the Swan River foreshore, the site is considered unlikely to represent important foraging habitat for black cockatoos. The site is also not considered to contain any roosting habitat of local or regional importance to CBC, BC or FRTBC, given the scattered nature and the limited number of large trees, as well as the absence of any evidence of roosting activity.

A total of 20 trees that meet the definition of black cockatoo breeding habitat were identified within the site. Of these trees, none contained hollows that were considered suitable for nesting. It is therefore unlikely that black cockatoos would use the site for breeding purposes.

Based on the above, the site is considered to contain limited fauna habitat and is likely to be primarily utilised by common and widespread native species without specific habitat requirements. Therefore, the clearing of vegetation as part of subdivision works, is unlikely to impact habitat important to the survival of any conservation significant fauna species. Nevertheless, as mentioned above the subdivision plan has been specifically designed to retain as much vegetation within the site as practically possible, particularly mature trees, in order to minimise impacts to fauna.”

It is proposed that approximately half of the identified 20 trees will be retained through the provision of one (1) POS of 0.3341 ha in the south of the site, while some other mature vegetation will be retained through the new road reserves. The applicant describes this as follows:

“The proposed subdivision layout has retained as many trees as practical to achieve workable development footprints for the single dwelling lots. In particular:

• the design successfully retains the string of mature trees along the northern side of the proposed extended Eveline Road. The new ‘boulevard’ road (predominantly 28 metres wide) will connect the existing Eveline Road through to the unconstructed York Street located at the southern boundary of the new residential estate.

• Minor localised widening of the existing gazetted roads, together with the incorporation of a meandering road pavement is proposed to facilitate the retention of trees and create local amenity.

• A number of trees are also to be retained within the new pocket park. In addition to providing passive recreational opportunities for existing and future residents, the public open space will also serve as an entry statement to the estate.”

City staff note that the proposed provision of POS complies with the minimum contribution of 10% required by the WAPC's Liveable Neighbourhoods policy and will also create more POS than the existing subdivision, which currently does not provide for any.

Notwithstanding, the proposed POS site is less than the minimum area of 0.4ha required for local parks as stipulated in the City's Local Planning Policy POL-LP-1-12 - Public Open Space and Community Buildings. This minimum standard is important to ensure a consistent level of service for all open space throughout the City in order to meet the City’s growing population and diverse community needs.

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In addition to not complying with the minimum area of 0.4ha, the question arises as to whether the proposed POS area should encompass, and thereby retain, more of the wandoo trees identified as potential habitat for black cockatoos.

The applicant has provided the following response to this consideration:

”We are retaining 70 of the 85 significant trees that exist on the site. There are 19 Wandoo trees within the proposed residential subdivision area (the 20th is a dead tree (stag)). Due to the degraded nature of the understorey in the area containing the Wandoo trees, this area is not representative of a TEC.

If the definition of “practicable” includes economic viability, then the development is retaining the maximum number of Wandoo practicable.”

And;

“The existing residential subdivision configuration (titled lots) provides for 49 lots.

It does not provide any POS.

The current subdivision proposal has introduced a pocket park, representing 11%

of the gross subdivisional area. This exceeds the WAPC’s 10% requirement. The pocket park has been deliberately sited over the wandoo trees, to retain as many as practical as per the comments above.

In addition to this, the subdivision proposal shall retain a string of mature trees along the northern side of the proposed extended Eveline Road. The new

‘boulevard’ road has deliberately been made 28 metres wide for the majority of this new road linkage to accommodate these existing trees. A string of trees shall also be retained along the eastern side of Somerset Street. The combined retention of these trees will provide a significant tree canopy area of 9,200m2.

Broader discussions are occurring between the developer and the Council regarding the future redevelopment of the Jack Williamson Oval and how this shall form part of a broader POS strategy and the contribution to overall POS supply. The above needs to be considered in this context.”

While City staff acknowledge that the identified trees are not necessarily representative of a TEC and do not currently contain hollows suitable for nesting, the applicant’s report rightly identifies that the trees have some potential as breeding, foraging and roosting habitat for Black Cockatoos. On this basis, City staff recognise the potential for future nesting habitat as the trees mature.

Consequently city staff recommend that the proposed POS be increased in area to a minimum of 0.4ha and redesigned to retain the Eucalyptus wandoo trees by extending the proposed POS to the north over proposed Lots 57 – 60 (see Attachment 3) in order to better facilitate the creation of larger POS and the retention of Eucalyptus wandoo trees on the site for their potential as breeding, foraging and roosting habitat for the Black Cockatoos as identified in the applicant’s Environmental Values Report.

Traffic and Access:

A number of objections cited the potential for increased traffic generated by the subdivision to cause increased noise and road congestion that will detract from the amenity and safety of the area. Some objections also cited concern that the proposed new Eveline Road connection to the east will introduce non-local traffic into Viveash, while others requested that the secondary connection be constructed as a priority to alleviate traffic congestion.

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Traffic Volumes

The applicant has provided a Transport Impact Statement (TIS) prepared by Cardno, which estimates that the proposed 60 lot subdivision will generate approximately 568 additional vehicles per day (vpd) based on 9.46vpd per dwelling. The subdivision site already comprises of 30 existing titled lots among unconstructed road reserves, and so in terms of traffic generation the additional proposed 30 lots will cause a net increase of approximately 284vpd (i.e. 9.46vpd x 30 lots).

City staff consider that the estimated additional traffic generated by the subdivision is reasonable and can be adequately accommodated by the existing and proposed local road network with minimal impact on the safety and amenity of the surrounding area.

Access and Connectivity

Currently there is only one (1) access point to Viveash via Ashby Terrace in the south, and so the subdivision proposes to extend Eveline Road to the east to create a new connection to Great Northern Highway. The TIS estimates that this new connection will carry 60% of the additional traffic generated by the subdivision as well as some existing traffic from within Viveash. Given its geographical segregation, the only significant generator of non-local traffic to Viveash is the foreshore. Although the new Eveline Road connection may provide an alternate access and assist with the dispersal of traffic throughout the area, this alone is unlikely to generate any more non-local traffic to the area than would otherwise occur under the current circumstances.

City staff consider that the proposed creation of a new road connection to Great Northern Highway via the extension of Eveline Road to the east will assist to improve traffic circulation through the Viveash area and associated congestion, safety and access.

Given the new Eveline Road connection is also required to achieve secondary access for bushfire protection for lots in accordance with State Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP 3.7) and the accompanying Guidelines for Planning in Bushfire Prone Areas, City staff recommend that the early construction of Eveline Road in the first stage of subdivision be required as a condition of approval.

Impact of Noise and Dust:

A number of objections cited the potential impact of noise, dust, rubbish and other contaminants from Midland Brick and construction activities on the site and surrounding land, particularly due to the removal of the existing earth bund along the Midland Brick boundary.

Noise Emissions

The applicant has provided an Environmental Noise Assessment prepared by Lloyd George Acoustics, which found that a 5m high noise bund or wall along the boundary of the subdivision and brick works site will be the most effective measure to mitigate noise impacts, and will reduce the need for Quiet House design for new lots. The Assessment also suggests limiting brick works operations to mitigate noise, however City staff note this is unlikely to be enforced through subdivision approval.

It is recommended that a noise management plan be prepared and implemented as a condition of subdivision approval, which will identify specifications for the construction of a physical noise barrier and the extent of any proposed lots still affected by noise and requiring Quiet House design and a notification on title.

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Dust & Construction Emissions

The applicant has provided an Air Quality Impact Assessment prepared by Lloyd George Acoustics, which predicts that potential air quality within the proposed subdivision area caused by dust and other emissions from the site will be within a range acceptable for the surrounding sensitive uses. Additionally, the applicant has advised that a Construction Environmental Management Plan (CEMP) will be prepared to support subdivision works and detail measures to reduce impacts to surrounding areas, including measures for dust suppression for construction activities as standard.

City staff are satisfied that all reasonable and practicable measures will be taken to prevent or minimise the impact of emissions from the proposed development on surrounding sensitive land uses to an acceptable level.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to recommend to the Western Australian Planning Commission approval of the subdivision application subject to conditions.

Implications: The WAPC will determine the application.

This is the recommended option.

Option 2: Council may resolve to recommend to the Western Australian Planning Commission refusal of the subdivision application for the following reason:

1. Council is not satisfied that the subdivision will not prejudice the specific purposes and requirements of the structure planning area Implications: The WAPC will determine the application.

This is not the recommended option.

ATTACHMENTS Location Plan Existing Lot Layout

Proposed Plan of Subdivision R-Code Density Plan

STRATEGIC IMPLICATIONS Nil

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STATUTORY IMPLICATIONS Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015 Liveable Neighbourhoods

State Planning Policy 3.7 – Planning in Bushfire Prone Areas State Planning Policy 4.1 – State industrial buffer

State Planning Policy 5.1 – Land use planning in the vicinity of Perth Airport POL-LP-1-12 – Public Open Space and Community Buildings

FINANCIAL IMPLICATIONS

The average cost for a Hearing to defend Council’s decision at the State Administrative Tribunal is $60,000.

VOTING REQUIREMENTS Simple majority

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RECOMMENDATION That the Council resolve to:

1) Recommend to the Western Australian Planning Commission to approve subdivision application WAPC 158848 subject to the following conditions:

1. The plan of subdivision is to be modified so that the public open space is increased in area to 0.4 hectares and designed to retain the identified Eucalyptus wandoo trees, as generally depicted and annotated on the attached plan of subdivision (Attachment 3).

2. A noise management plan outlining the recommended type and specification of physical noise barrier to achieve acceptable noise levels at surrounding sensitive land uses, and the extent of proposed lot(s) requiring Quiet House design and notification on title is to be:

a) prepared by the landowner/applicant and approved prior to the commencement of subdivisional works; and,

b) implemented during subdivisional works;

to the satisfaction of the local government.

3. A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is in close proximity to an existing bricks works and may be adversely affected by virtue of gaseous, odour, noise and/or dust emissions from that facility.”

4. A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificates of title of aircraft noise affected lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is situated in the vicinity of Perth Airport, and is currently affected, or may in the future, be affected by aircraft noise. Noise exposure levels are likely to increase in the future as a result of increases in numbers of aircraft using the airport, changes in aircraft type or other operational changes.

Further information about aircraft noise, including development restrictions and noise insulation requirements for noise-affected properties, are available on request from the relevant local government offices.” (AM8)

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5. Engineering drawings and specifications are to be submitted, approved, and works undertaken in accordance with the approved engineering drawings, specifications and approved plan of subdivision, for grading and/or stabilisation of the site to ensure that:

a) lots can accommodate their intended use; and,

b) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/ or proposed finished ground levels of the land abutting. (D1)

6. Prior to the commencement of subdivisional works, an urban water management plan is to be prepared and approved, in consultation with the Department of Water and Environmental Regulation, consistent with any approved Drainage and Water Management Plan. (D2)

7. Engineering drawings and specifications are to be submitted and approved, and works undertaken in accordance with the approved engineering drawings and specifications and approved plan of subdivision, for the filling and/or draining of the land, including ensuring that stormwater is contained on-site, or appropriately treated and connected to the local drainage system.

Engineering drawings and specifications are to be in accordance with an approved Urban Water Management Plan (UWMP) for the site, or where no UWMP exists, to the satisfaction of the Western Australian Planning Commission. (D3)

8. Prior to the commencement of subdivisional works, the landowner/applicant is to provide a pre-works geotechnical report certifying that the land is physically capable of development or advising how the land is to be remediated and compacted to ensure it is capable of development; and,

In the event that remediation works are required, the landowner/applicant is to provide a post geotechnical report certifying that all subdivisional works have been carried out in accordance with the pre-works geotechnical report.

(D5)

9. Drainage easements and reserves as may be required by the local government for drainage infrastructure being shown on the diagram or plan of survey (deposited plan) as such, granted free of cost, and vested in that local government under Sections 152 and 167 of the Planning and Development Act 2005. (D8)

10. Uniform fencing being constructed along the lot boundaries of the proposed temporary drainage lot. (B2)

11. A Construction Environmental Management Plan, inclusive of arborist report to ensure the identification and protection of any vegetation on the site worthy of retention that is not impacted by subdivisional works, and fauna relocation plan to manage potential impacts on fauna, is to be:

a) prepared by the landowner/applicant and approved prior to the commencement of subdivisional works; and,

b) implemented prior to and during subdivisional works (as required);

to the satisfaction of the local government.

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12. The submitted Bushfire Management Plan prepared by Emerge Associates (Version 1, dated December 2019) being updated, approved and relevant bushfire protection measures therein implemented during subdivisional works to address the following:

a) include details of a water licence and/or landscaping strategy to demonstrate to the City’s satisfaction that vegetation within the POS and road reserves can be managed consistent with low-threat vegetation, or otherwise re-classify the vegetation and update the BAL Contour Map and indicative BAL ratings for all lots accordingly;

b) specify the requirement for the proposed Eveline Road connection to be constructed in the first stage of subdivision in order to achieve Acceptable Solution A3.1 – Two Access Routes of the Guidelines for Planning in Bushfire Prone Areas;

This information should include a completed ‘Certification by Bushfire Consultant’ from the bushfire management plan. (F1)

13. A notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the certificate(s) of title of the proposed lot(s) with a Bushfire Attack Level (BAL) rating of 12.5 or above, advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is subject to a Bushfire Management Plan. Additional planning and building requirements may apply to development on this land.” (F2)

14. Local Development Plan(s) being prepared and approved for lots shown on the approved plan of subdivision that address the following:

a) "Quiet House" design requirements, including the siting of outdoor living areas, for lots affected by noise as identified in an approved noise management plan; and,

c) Building setbacks and orientation, including major openings, outdoor living areas and fencing for passive surveillance, vehicle access and servicing requirements (bin pads) for lots abutting public open space;

to the satisfaction of the Western Australian Planning Commission. (L3) 15. The landowner/applicant shall make arrangements to ensure that prospective

purchasers of lots subject of a Local Development Plan are advised in writing that Local Development Plan provisions apply. (L4)

16. The proposed public open space reserve shown on the approved plan of subdivision being shown on the diagram or plan of survey (deposited plan) as reserve for Recreation and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (R2)

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17. Arrangements being made for the proposed public open space to be developed by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods and to the specifications of the local government. (R4)

18. Uniform fencing being constructed along the boundaries of all of the proposed lots abutting public open space or pedestrian access ways. (B2)

19. Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, to ensure that those lots not fronting an existing road are provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) are constructed and drained at the landowner/ applicant’s cost.

As an alternative, and subject to the agreement of the Local Government the Western Australian Planning Commission (WAPC) is prepared to accept the landowner/applicant paying to the local government the cost of such road works as estimated by the local government and the local government providing formal assurance to the WAPC confirming that the works will be completed within a reasonable period as agreed by the WAPC. (T1)

20. Engineering drawings and specifications are to be submitted and approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications to ensure that:

a) street lighting is installed on all new subdivisional roads to the standards of the relevant licensed service provider; and,

b) roads that have been designed to connect with existing or proposed roads abutting the subject land are coordinated so the road reserve location and width connect seamlessly; and,

c) temporary turning areas are provided to those subdivisional roads that are subject to future extension; and,

d) embayment parking is provided within the road reserves abutting the proposed public open space;

to the satisfaction of the Western Australian Planning Commission. (T2)

21. Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, for the provision of shared paths through and connecting to the application area to the satisfaction of the local government. The approved shared paths are to be constructed by the landowner/applicant. (T3)

22. Satisfactory arrangements being made with the local government for the full cost of upgrading and/or construction of Eveline Road and York Street in the locations as shown on the approved plan of subdivision to a standard of Neighbourhood Connector A and Neighbourhood Connector B to the satisfaction of the City of Swan, prior to the WAPC endorsing its approval on the first diagram or plan of survey (deposited plan). (T5)

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23. York Street being widened in accordance with the approved plan of subdivision by the landowner transferring the land required to the Crown free of cost for the purpose of road widening. (T9)

24. The section of York Street widened in accordance with this approval, is to be constructed and drained at the full cost of the landowner/ applicant. (T10) 25. All local streets within the subdivision being truncated in accordance with the

Western Australian Planning Commission’s Liveable Neighbourhoods policy.

(T11)

26. Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to service Lot(s) 10, 12 and 43 AS shown on the approved plan of subdivision. (T20)

27. Pursuant to Section 150 of the Planning and Development Act 2005 and Division 3 of the Planning and Development Regulations 2009 a covenant preventing vehicular access being lodged on the certificate(s) of title of Lot(s) 45, 46 and 53 as shown on the approved plan of subdivision at the full expense of the landowner/applicant. The covenant is to prevent access, to the benefit of the local government, in accordance with the approved plan of subdivision and the covenant is to specify:

“No vehicular access is permitted to and from [ROAD NAME].” (T21) 2) Advise all those who made a submission of Council decision accordingly.

Cr Congerton left the Chamber at 8.04pm.

MOTION that the Council resolve to:

1) Not approve the proposed subdivision of land to the north-east of Cranwood Crescent, Viveash (SB001-20).

2) Retain as public open space reserved woodland that part of the proposed sub division containing significant trees and bushland as follows:

a. Lots to the north of Winston Crescent being existing lots 214, 215, 216, 217 218, 219, 220, 221, 200, 201, 202, 203, 204, 205, 302.

b. Lots to the east of Cranwood Crescent, being existing lots 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 190, 192, 193.

c. That portion of Lot 29 west of a line between the eastern most part of lots 200 and lot 193.

3) Recommend that the proponent prepare a structure plan for the whole of the Midland Brick site including lots 23, 72, 87, 103, 9000 and with the lots listed above as reserved woodland.

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4) The reasons for changing the officer’s recommendation are for environmental and amenity reasons as follows:

1. It is preferable to retain this bush land as public open space reserved woodland and instead re-zone the industrial portion of the Midland Brick site for residential development.

2. The land contains 85 significant trees with trunks of over 300mm diameter, under-storey and bushland.

3. The land is the northern part of a corridor of bushland and if removed would prevent the native fauna in the bushland to the south from accessing the Swan River.

4. The proponent’s proposal is not aligned to the City of Swan’s Biodiversity Strategy. Retaining this woodland supports the City strategies:

N1 Outcome: our environment is protected for future generations.

N1.2 Adapt to the effects of climate change.

5. In section 8.4.1 of the City of Swan’s Biodiversity Strategy, the document states that there should be “a presumption against clearing of significant local natural areas as identified in this strategy”.

6. Appendix F Environmental Values Report submitted by the proponent shows at Figure 3 Fauna Habitat an area of Eucalypus Wandoo trees.

Wando trees have recently been identified for potential listing as a threatened species.

7. The land includes a registered aboriginal site DPLH 4384 that would be retained in the woodland reserve.

8. The City of Swan has recognised a climate change emergency and the City is responding with changed planning practises that protect our natural environment.

9. The Midland brick site includes large areas of industrialised land more suited to residential development than this bush land area.

10. A structure plan for the whole Midland Brick site would enable a holistic planning view of the site that should retain whatever natural environment remains.

(Cr Johnson – Cr Scanlan)

Cr Scanlan left the Chamber at 8.05pm.

Cr Scanlan entered the Chamber at 8.06pm.

Cr Congerton entered the Chamber at 8.07pm.

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RESOLVED (10/5) TO: