4.4 METROPOLITAN REGION SCHEME AMENDMENT 1378/57 - LOT 71 CHATEAU PLACE & LOT 72 MILLHOUSE ROAD, AVELEY - CITY OF SWAN SUBMISSION
Ward: (Pearce Ward) (Strategic Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• The Western Australian Planning Commission (WAPC) seeks comment on advertised Metropolitan Region Scheme (MRS) Amendment 1378/57 to rezone Lot 71 Chateau Place and Lot 72 Millhouse Road, Aveley from ‘Rural’
to ‘Urban’.
• The amendment will facilitate further planning to enable the future development of the amendment areas for residential and related uses following structure planning and subdivision approval.
• MRS Amendment No.1378/57 also requires the City to consider how and when it will amend Local Planning Scheme No.17 (LPS17) to include a zone/s consistent with the objectives of the new MRS zone.
• The Environmental Protection Authority (EPA) states the MRS amendment can be managed to meet the EPA’s environmental objectives through existing planning controls at the region scheme level of planning. However, it highlights further environmental issues that require resolution prior to the initiation of future local planning scheme amendments. Accordingly, it is recommended by the EPA that concurrent rezoning of the MRS and the local planning scheme should not be undertaken.
• It is unclear as to how or when the EPA believes the local planning scheme should be amended, and whether in fact sufficient detail could be provided through the City’s structure planning process. The City believes further clarification from the EPA to the WAPC on this matter is required.
• City staff has no objection to the proposed “Urban” MRS rezoning if, following clarification from the EPA, the WAPC is confident that the further environmental issues as set out by the EPA, can be suitably addressed through a subsequent Local Structure Plan under a LPS17 rezoning to
“Residential Development”. If following clarification from the EPA the WAPC is not confident that the relevant environmental issues can be addressed in this way, a revised MRS rezoning to “Urban Deferred” is preferred.
• The proposed MRS rezoning would in-principle represent a 'rounding off' of the existing urban area and therefore a more efficient location for urban development closer to the CBD, existing roads and existing services. If supported by the WAPC a local planning scheme amendment and/or structure plan for this land will be the subject of a future report to Council.
It is recommended that the Council advises the Western Australian Planning Commission that it raises no objections to the proposal subject to resolving the environmental issues identified by the EPA. If however the outstanding environmental issues cannot be suitably addressed, a revised MRS rezoning to
“Urban Deferred” is preferred.
AUTHORITY/DISCRETION
The Council's resolution is required as staff do not have delegation authority to submit formal comments on proposed amendments to the Metropolitan Region Scheme.
BACKGROUND Subject Lands (2):
Landowner:
Lot 71 Chateau Place, Aveley Lot 72 Millhouse Road, Aveley Mrs Paulina Maria Pollitt
Subject Area: Approx. 27.7 ha (combined) Existing Uses: Single House.
Surrounding Uses: The amendment area abuts land to the east identified as Area A of the Swan Valley Planning Act 1995. To the west is the Aveley north eastern urban corridor, which is zoned Urban in the MRS and ‘Special Use’ in LPS17 and has been developed for residential purposes. North of the site is The Vines Estate, which is zoned Rural and characterised by rural residential development.
South of the site is an area zoned Parks and Recreation in the MRS and identified as Bush Forever Site No.300.
Zoning: LPS17 - 'Rural Residential' MRS - 'Rural'
Strategy/Policy: Nil
CONSULTATION
The WAPC is seeking public comment on the advertised Metropolitan Region Scheme (MRS) Amendment No.1378/57. Submissions are to be made to the Western Australian Planning Commission (WAPC) on or before 4 December 2020.
The City staff have requested and received an extension of time to submit Councils comments. Council endorsed minutes of the 16 December Ordinary Council Meeting will be submitted to the WAPC once they are confirmed.
DETAILS
The purpose of Amendment 1378/57 is to rezone Lot 71 Chateau Place and Lot 72 Millhouse Road, Aveley from ‘Rural’ to ‘Urban’ in the Metropolitan Region Scheme. The amendment area is 27.7ha in size and is located on the eastern side of the existing
The extension to the 'Urban' zone is a logical change to the MRS in this locality. The North-East Sub-regional Planning Framework designates the amendment area as Urban Expansion with the short-medium term (2015-2031) staging timeframe. The amendment constitutes a townsite expansion and a consolidation and ‘rounding off’ of existing urban areas. It is determined that support of this MRS Amendment is consistent with Council's 11 December 2019 resolution on the item "Managing Growth in the City of Swan" as the resolution is principally concerned with further MRS Amendments in 'Urban Investigation' or 'Planning Investigation' areas on the urban fringe.
The City notes the following:
Bushfire management
The Department of Fire and Emergency Services advised that the Bushfire Management Plan adequately identifies issues arising from the bushfire risk assessment. It considers that compliance with the criteria of the Guidelines for Planning in Bushfire Prone Areas can be achieved in subsequent planning stages.
Urban water management
The Department of Water and Environmental Regulation (DWER) reviewed the district water management strategy prepared in support of the amendment and advised it is acceptable for the proposal to proceed to the next stage of the planning process.
Wetlands
The Department of Biodiversity Conservation and Attractions (DBCA) recommends that a wetland management plan be prepared as part of any future structure planning for the amendment area.
The City recommends a detailed hydrological study should be undertaken to inform the wetland management plan and address certain issues, e.g. the impact of Subsurface flows from Lot 72 that connect it to the Ellen Brook. It is noted that the City’s mapping identifies the wetlands associated with Lot 72 as Resource Enhancement and Conservation Category - which is at odds with what is detailed in the report from DWER.
Flora and vegetation
The DBCA recommends that future planning of the amendment area should make provision to retain as much of the Black Cockatoo habitat as possible and consider if offsets may be required to mitigate any residual impacts on this habitat.
The EPA considers it unlikely that the MRS Amendment will have significant effects on the environment and does not require formal assessment under Part IV of the Environmental Protection Act 1986. However, it highlights environmental issues that require resolution prior to the initiation of future local planning scheme amendments. It recommends that future City of Swan local planning scheme amendments should contain specific reserves and provisions, informed by updated surveys, to demonstrate how impacts to the above issues/values will be avoided and/or managed. Accordingly, the EPA advises that concurrent rezoning of the MRS and the local planning scheme should not be undertaken. However further clarification as to how these issues/values could be avoided and/or managed through the planning process, and at what stage has not been clarified.
As such an MRS rezoning to “Urban Deferred” maybe more appropriate if the WAPC is not confident that the EPA’s environmental issues cannot be resolved as part of the City’s Structure Planning process which would be required under the LPS17 “Residential Development” zoning. Noting that the City, under law is required to bring its Local Planning Scheme (LPS) in line with the MRS and that it has not yet been clarified that the EPA‘s required further studies/surveys will have been conducted by the time the City will be required to amend its LPS, this revised MRS zoning approach to “Urban Deferred”
would provide certainty to the EPA and the WAPC that the required surveys and protections will be assessed and resolved.
The EPA offers the following advice in the context of the Environmental Protection Act 1986:
Flora and Vegetation and Terrestrial Fauna
The amendment area contains threatened species of black cockatoo habitat. The provided tree hollow survey (Del Botanics, December 2018) recorded no evidence of roosting, however several trees containing hollows of various sizes were recorded, with evidence of foraging.
The EPA recommends that the survey be updated during black cockatoo breeding times prior to the initiation and referral of a future local scheme amendment to the EPA. The outcomes of the updated survey should be used to inform how the local scheme amendment will retain and manage these values, in consultation with the Department of Biodiversity, Conservation and Attractions (DBCA). This may include retaining habitat in appropriate scheme reserves and/or scheme text requiring the retention of habitat through the future stages of planning.
The City recommends a Level 2 Flora and Vegetation study be conducted at an appropriate time of the year to inform the wetland management plan and a Level 2 Fauna study conducted at an appropriate time of the year for fauna groups such as reptiles, birds and aquatic species to inform the wetland management plan – particularly for Black Cockatoos. Given that wetland health is so important in this area, a study of aquatic invertebrates should also be considered.
Inland Waters
The EPA notes that the amendment area contains Resource Enhancement and Multiple Use classified wetlands. It recommends that future structure planning be supported by the preparation of a Wetland Management Plan, in consultation with the DBCA, for the protection of the wetlands, including buffer requirements.
Social Surroundings
The amendment area is within the proximity to Ellen Brook, which is a registered site.
The EPA notes that the amendment report states the amendment is not expected to impact on heritage values, and that the process of rezoning land in a region scheme is not directly affected by the requirements of the Aboriginal Heritage Act 1972. It also notes that consideration of any protection will be addressed at the later stages of planning, and the amendment will be formally referred to the South West Aboriginal Land and Sea Council during the public advertising period.
Implications to Local Planning Scheme No.17 (LPS17)
If the proposed Metropolitan Region Scheme (MRS) Amendment to “Urban” is approved, Council has a statutory obligation to take steps to update Local Planning Scheme No.17 so that it complies with the Metropolitan Region Scheme (MRS). If the proposed MRS amendment is changed to “Urban Deferred”, Council does not have a statutory requirement to ensure the Local Planning Scheme zoning aligns.
Option A: Council can request the WAPC utilise powers under s.126(3) of the Planning and Development Act 2005 to concurrently amend Local Planning Scheme No.17 (LPS17) when MRS Amendment No.1378/57 is approved. These powers are limited and can only be used to reclassify the MRS 'Urban' rezoning area to the 'Residential Development' zone in LPS17.
Option B: If the 'Residential Development' zone is not sought then Council needs to advise the WAPC that it does not support a concurrent MRS / LPS17 amendment. Instead - Council will have to initiate an amendment to Local Planning Scheme No.17 (LPS17) within 90 days of MRS Amendment No.1378/57 being approved to provide a local zone compatible with the 'Urban' MRS zone.
Option C: That Council does not support MRS Amendment No.1378/57 from ‘Rural’ to
‘Urban’, but would support a revised MRS Amendment from Rural to “Urban Deferred” to ensure and facilitate adequate future environmental assessments required by the EPA.
If after further clarification from the EPA the WAPC is confident that the further environment issues as set out by the EPA, can be suitably addressed through a subsequent Local Structure Plan under a LPS17 rezoning to “Residential Development”
then option A is recommended.
If following clarification from the EPA the WAPC is not confident that the relevant environmental issues as set out by the EPA, can be suitably addressed through a subsequent Local Structure Plan under a LPS17 rezoning to “Residential Development”
then option C is recommended.
Option B would require the City to undertake a separate LPS17 amendment. The EPA recommends that future LPS17 amendments should contain specific scheme reserves and/or provisions informed by updated surveys to demonstrate how impacts to these values will be avoided/managed. Although it is expected that the landowner/developer will undertake any required studies (at their own cost), due to the 90 day Statutory time frame, if the landowner/developer does not undertake these studies it could place the Council in an unacceptable compromised position of having to undertake them at its cost.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to make a submission of conditional support of MRS Amendment No. 1378/57 as per the staff recommendations.
Implications: The Western Australian Planning Commission (WAPC) will consider the City’s comments and make a recommendation to the Minister for Planning on whether or not to amend the proposed Metropolitan Region Scheme (MRS) amendment. Whether or not the WAPC will agree or disagree with the Council's recommendation will not be known until after the Minister has made a decision.
This is the recommended option.
Option 2: Council may instead resolve to advise the Western Australian Planning Commission (WAPC) that it has no comment to make.
Implications: The WAPC and Minister for Planning will still make a decision on the Metropolitan Region Scheme amendment but without this local government's input. As part of their decision they may (or may not) decide to enact concurrent changes to our Local Planning Scheme No.17 to rezone the land to a suitable zone (like 'Residential Development'). The City will not know the outcome until after the Minister has made a decision. This option is not the recommended option as the City is forfeiting the right to express a view on this land and how our local planning scheme ought to be reviewed.
This is not the recommended option.
ATTACHMENTS
Attachment 1: Location map
Attachment 2: Proposed MRS Amendment No. 1378/57 rezoning map Attachment 3: Current Local Planning Scheme No.17 map
STRATEGIC IMPLICATIONS
MRS Amendment No.1378/57 is considered compliant with the strategic intent for this land.
STATUTORY IMPLICATIONS
Under s.124(3) of the Planning and Development Act 2005, if a region planning scheme is amended and is inconsistent with a local planning scheme, the local government is required to initiate an amendment to the local planning scheme to remove this inconsistency. As identified in this report – in such an scenario an amendment to Local Planning Scheme No.17 (LPS17) will be the subject of a future report to Council.
FINANCIAL IMPLICATIONS
Nil arising from providing comments on a Metropolitan Region Scheme Amendment.
Should MRS Amendment No.1378/57 be approved - the direct financial implications are still negligible as the rezoning and subsequent actions to update our Local Planning Scheme No.17 do not automatically permit residential subdivision to occur.
If WAPC supports the “Urban “ MRS zoning but determines that it does not support a concurrent MRS / LPS17 amendment, Council will have to initiate a suitable amendment to LPS17 within 90 days. It is expected that the landowner/developer will undertake any required studies (at their own cost) to support the LPS17 rezoning. However this may not be forth coming and the City may be liable to undertake the required studies to facilitate the LPS17 rezoning.
Subsequent to if a Local Planning Scheme Amendment is ultimately approved there could be some financial implications associated with the future urban development of this land.
However, given its location and small scale, the financial risks associated with this proposal are considered to be comparatively low to negligible, particularly when compared to other proposals on the urban fringe that are identified as 'Urban Investigation' and 'Planning Investigation' areas in the North-East Sub-Regional Planning Framework (March 2018).
VOTING REQUIREMENTS Simple majority
RECOMMENDATION That the Council resolve to:
1) Make a submission on proposed Metropolitan Region Scheme Amendment No.1378/57 (Lot 71 Chateau Place and Lot 72 Millhouse Road, Aveley) advising the Western Australian Planning Commission that the City of Swan:
a. Has no objection to the proposed Metropolitan Region Scheme 'Urban' zone, as advertised if the environmental issues identified by the EPA can be addressed through a future Local Structure Plan and as such requests under s.126(3) of the Planning and Development Act 2005 to concurrently amend the land under Local Planning Scheme No.17 (LPS17) to
“Residential Development”.
b. If the environmental issues identified by the EPA cannot be adequately addressed though a Local Structure Plan then Council does not support MRS Amendment No.1378/57 from ‘Rural’ to ‘Urban’, but would support a revised MRS Amendment from Rural to “Urban Deferred” to facilitate adequate future environmental assessment.
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Attachment 1- Location Map MRS 1378/57 - Lot 71 Chateau Place and Lot 71 Millhouse Road, Aveley
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for that purpose in the presence of :
_______________________________________________
Witness
_______________________________________________
Date
_______________________________________________
Approved - Minister for Planning
_______________________________________________
Date
Planning and Development Act 2005 Signed for and on behalf of the Western Australian Planning Commission
_______________________________________________
An officer duly authorised by the Commission pursuant to section 24 of the
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