15.3 PROPOSED OUTLINE DEVELOPMENT PLAN (MODIFICATION) TO SUBDIVISION GUIDE PLAN 8A - ALTERATION TO NORTHERN PORTION OF BRIGADOON - LOT 1010 CAMPERSIC ROAD AND LOT 1022 CATHEDRAL AVENUE, BRIGADOON
(Swan Valley) (Development Services)
KEY ISSUES
• Peet Limited have presented an Outline Development Plan (147) for the subdivision of Lot 1010 Campersic Road and Lot 1022 Cathedral Avenue Brigadoon into 214 Lots, ranging in size from 1.5 ha to 5.05 ha with an average size of 1.8 ha.
• Council, at its meeting held on 28 November, 2007 resolved to defer consideration of this matter to the Council meeting to be held on 6 February 2008, pending a meeting to be convened involving all stakeholders (Ward members and interested elected members, applicant and their consultants, BPA representatives and City staff) to discuss the issues of concerns raised.
• The meeting was convened on 17 January 2008. Specific issues relating to flora and fauna, bushfire management, hydrology and community facilities were discussed. The applicant reiterated that the proposed design is responsive to onsite environmental conditions and bushfire safety requirements and has been modified after detailed onsite surveys by its environmental consultants.
• In the matter of the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 it is understood that that the obligations for referral bind the proponent not an assessing agency such as Council and further that the Act relates to the physical act of development itself rather than the planning and approvals process.
• A number of specific further commitments have been made by the proponent, Peet Limited these being – increasing the width of strategic firebreaks along the scarp edge, maintaining these until the last lot is sold, doubling the number of fire hydrants, providing to the City a 7000m2 lot for a community tennis court and transferral of the sales office to the City at completion of the project with conditional interim use by the Brigadoon Progress Association.
• The proposal represents a modification to the current Subdivision Guide Plan 8A with respect to subdivision layout over the northern portion of the Brigadoon estate which was never developed.
• The lots are zoned rural under the MRS and partially reserved for Parks and Recreation. They are zoned “Landscape” and correspondingly reserved under the City’s Town Planning Scheme No.9. In addition to the provisions and requirements of the landscape zone under the Scheme, the provisions relating to Special Rural Zone 8, which incorporate the Subdivision Guide Plan also apply. No minimum lot sizes for the ‘Landscape” zone apply.
• The proposal has undergone full advertising in accordance with Scheme
requirements with referral to a number of agencies. Of the referral responses received none objected to the proposal.
• The applicant has liaised with the Brigadoon Progress Association with a public workshop. A total of 67 submissions were received with 57 objections, prominent amongst these being – impact of lot sizes and clearing on native vegetation and wildlife, rural character and amenity of the area, impact of extra traffic along Campersic Road and from O’Brien Road and lack of POS/wildlife corridors.
• Matters such as the capacity of Campersic Road and the O’Brien Road connection were addressed as part of the original Guide Plan and are incorporated as Scheme requirements for the estate. Notwithstanding it is considered prudent that a Road Safety Audit be required as a condition of nay subdivision approval with this requirement being notated on the ODP.
• Vegetation, fauna and visual landscape field studies and assessment have been undertaken by the applicant as part of the original submission and in response to concerns raised by Brigadoon residents. A number of design modifications have been made to the ODP to address residents concerns and the outcomes of the studies, including provision of a large linear bushland corridor, realignment of lots to retain identified priority flora species and minimise impact on creek lines, designation of building envelopes to protect natural feature and a minor reduction in lots.
• Key departures from the original Guide Plan layout are the removal of the subdivision perimeter road along the full length of the western edge and a minor reduction in lot sizes. Whilst the replacement of the perimeter road with strategic firebreaks still meets performance requirements for fire safety, it is noted that maintenance and enforcement issues may arise. Notwithstanding it is considered the alternative of the road presents significant landscape and clearing impacts to the scarp edge and is therefore not preferred.
• Matters such as stormwater management, and construction management can be addressed as requirements at subdivision stage.
• On balance, and taking into consideration the current approved and valid Guide Plan for the northern portion of the estate, the further technical studies and modifications made by the applicant and the significant offset to any environmental impacts inherent in the ceding of the large reserved tracts of land it is recommended that:
It is recommended that Council delegate to the Principal Planner authority to approve the ODP subject to additional requirements including the approval of the Fire Management Plan and several other notations.
AUTHORITY/DISCRETION
Council has discretion under Clause 8.2.6.5 and 6.2.1.2 of the Scheme to consider and adopt Outline Development Plans for the subdivision of land within the “Landscape”
Zone. Clause 17 of the provisions relating to “Special Rural Zone No.8 ‘Swan valley
Special Rural and Recreation’”, provide for variation to the Subdivision Guide Plan No.8A.
BACKGROUND
Applicant: Development Planning Strategies
Owner: Peet No.67 Syndicate Limited
Zoning: TPS - Landscape and Reserve for Parks and Recreation MRS - Rural and Reserve for Parks and Recreation Strategy/Policy: Gidgegannup/Brigadoon Place Plan
Development Scheme: Subdivision Guide Plan No.8A Existing Land Use: vacant
Lot Size: Lo1010 = 608.0604 hectares Lot 1022 = 253.3758 hectares
Area: NA
Use Class: NA
DETAILS OF THE PROPOSAL
The applicant has submitted a proposed Outline Development Plan for the subdivision of the subject Lots 1010 and 1022 which comprises the northern portion of the Brigadoon Estate as detailed under Subdivision Guide Plan 8A.
The proposal entails 214 rural residential lots ranging in size from 1.5 hectares to 5.05 hectares with an average of 1.88 hectares in area. A subdivisional loop road will extend Connemarra Drive through the proposed subdivision and link with the existing estate. A connection road will be extended to the northern portion of the proposed subdivision to link with O’Brien Road. Building envelopes will be designated on the plan for perimeter lots only, with generic provisions applying to the balance of proposed lots. Two open space areas - a 10 hectare bushland “spine” and a 1 hectare site on the western edge are proposed, in addition to designated sites incorporating existing public utilities.
Subsequent to the stakeholder meeting of 17 January, Peet has offered to provide a 7000m2 lot to be ceded to the City for use as a community facility – specifically a tennis court that would be fully constructed by them.
DESCRIPTION OF SITE
Lot 1010 is an irregularly configured “superlot” situated within the Darling Scarp, north of the present extent of the Brigadoon Estate. The topography of the site is relatively flat in the central and eastern potions before falling away steeply at the northern, western and southern edges. Vegetation of various type and quality exists across the site, interspersed with existing cleared areas associated with access tracks.
Intermittent seasonal water flows traverse the site predominantly along the steeper portions of the scarp edge.
Lot 1022 comprises the sloping, intermittently vegetated scarp edge which extends down to the railway reserve abutting the Avon River.
SITE HISTORY/PREVIOUS APPROVALS
Lot 1010 and 1022 have no specific record of development approvals but form the balance of land that become the undeveloped portion of the Brigadoon Estate developed by Bond Corporation in the early 1980’s.
APPLICANT'S SUBMISSION
The applicant has provided an extensive level of documentation in support of the proposed Outline Development Plan which can be summarised from the applicants report as follows:
“The revised Outline Development Plan has been revised to reflect improved design parameters, particularly:
• Recognition, addressing and the mitigation of fire risk;
• Provision of a new eastern access route through O’Brien Road;
• Protection of native vegetation and environs identified as worthy of protection;
• Protection of visual amenity along the periphery of the site;
• Formalisation of existing public infrastructure facilities and land holdings; and
• Design philosophy that is more site responsive in a challenging environment.
PUBLIC CONSULTATION
The application was advertised for public comment in the following manner:
• written notification to Brigadoon residents;
• signs onsite and within the estate advising of the proposal and inviting interested parties to make a submission; and
• advertisement in the local newspaper notifying as above.
In addition to, and in conjunction with these measures, the applicant and the Brigadoon Progress Association (BPA) hosted an information meeting for the public which discussed various elements of the proposed Outline Development Plan. From this meeting a public liaison group assisted the applicant in refining the key issues of concern expressed by residents in the public meeting. From this the applicant has undertaken further amendment to the design to address these issues.
A total of 67 submissions were received, with 57 objections. The grounds of objection are summarised as follows:
• fire risk;
• proposed lots are too small – too many lots;
• increased traffic on Campersic Road;
• no account of impact on native flora and fauna;
• generally inadequate level of environmental assessment;
• no provision for bridle trails;
• no provision of wildlife corridors;
• impact on wildlife by pets;
• no POS or amenities;
• impact on creeks;
• net impact on rural character;
• lack of building envelopes and resultant loss of vegetation;
• adverse affect on water pressure; and
• inconsistent with WAPC North East Hills Settlement Patter Plan.
These issues will be addressed further in the report.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The proposed ODP was referred to a number of agencies for comment, which is detailed as follows:
Department of Environment and Conservation
• Site contains remnant vegetation comprising important habitat for flora and fauna – building envelopes should preferentially use existing disturbed areas;
• Priority flora areas should have some form of formal protection – unclear how exclusion zones associated with high quality vegetation will be implemented during development and post construction.
• ODP area adjoins Walyunga National Park – required setback of 100 metres for building envelopes from park boundary due to fox baiting programme, applicant to construct to DEC standards a fence along the common boundary with the park, a dieback and weed management plan is to be prepared prior to any commencement of works (to include eradication of Pattersons Curse and Cape Tulip) and local species to be used in landscaping and revegetation works.
• Application should be referred to Swan River Trust for comment.
Department of Water (DoW)
• Stormwater drainage will need to ensure maximisation of onsite filtration and limit direct site drainage into local watercourses. Rationalisation of lot boundaries required to avoid traversing watercourses and disturbing riparian vegetation.
• DoW advocates integrated land and water planning in accordance with the framework identified in the Interim Approach for Integrating Urban Water Management with Land Use Planning within the Southern River Area – Guidance for developers (Essential Environmental Services, Feb 2006).
• The document details a hierarchy of water management plans from the regional level to the subdivision level. A local water management strategy is recommended to be prepared as part of the ODP.
• A Stormwater Management Plan should be prepared in conjunction with the Department to demonstrate total water cycle management within the ODP area.
• Separation to watercourses should be in accordance with the Department’s relevant Water Quality Protection Note and in response to onsite conditions.
• Culvert and bridge designs to be responsive to local hydrology. A permit to modify watercourse bed and banks is required from the Department.
Department for Planning and Infrastructure
No comments provided to date, although preliminary comments from staff indicated concern with the removal of the subdivision road along the western and northern perimeters of the ODP areas, which was a component of the original Guide Plan.
FESA
The proponent to demonstrate that the requirements of the WAPC/FESA “Planning for Bushfire Protection” document have been satisfied with respect to meeting the fire protection performance criteria.
Water Corporation
Minor upgrading of infrastructure required to service areas above the 275 metres AHD through provision of an elevated tank and pump station or a permanent booster. This infrastructure may be able to be located within the existing Water Corporation site – dependent upon size.
Western Power
No response received to date.
Alinta Gas
No response received to date.
Telstra
No response received to date.
REPORT
BackgroundThe subject lots formed part of an original landholding of 1390 hectares that was the subject of a development proposal by Bond Corporation in the early 1980’s. Under the then Shire of Swan’s Town Planning Scheme No.1 the land was rezoned to “Special Rural” with subdivision in accordance with an adopted Subdivision Guide Plan detailing elements of the proposal including lot configuration and sizes, road layout, fire
management, building envelopes and controls, recreation areas, water supply etc. The fist two stages of the Brigadoon Estate created 239 lots, stage 1 providing minimum lot sizes of 1.5 hectares, with an average of 4.0 hectares, with stage 2 providing a smaller average lot size of 2.9 hectares.
The upper portion of the estate covering the subject lots was indicated under the Subdivision Guide Plan to provide 205 lots, ranging from 1.2 hectares to 6.35 hectares and an average of 2.2 hectares.
The introduction of the City’s current Town Planning Scheme No.9 in 1985 saw the transferral of the provisions relating to the land from the original Scheme 1.
Amendment 45 to TPS9 provided a modified subdivision layout for the estate and introduced provisions for the transferral of tracts of the river valley free of cost to the Crown.
Development of further stages of the estate did not proceed once Bond Corporation was placed in receivership.
In 1996, the Gidgegannup Rural Strategy recommendations for portions of the locality of Brigadoon and Gidgegannup to be rezoned to a new “Landscape” Zone were effected by amendments 172, 174 and 176. The provisions relating to the estate contained in Appendix 7 of the Scheme were not modified.
Zoning and applicable Scheme provisions
The subject lots are zoned “Rural” and reserved for “Parks and Recreation” under the Metropolitan Region Scheme. Under the City’s Town Planning Scheme No.9 the lots are zoned “Landscape” and correspondingly also reserved for “Parks and Recreation”.
The purpose and intent of the landscape zone is to ensure that development is compatible with and will enhance the landscape and environmental qualities of the locality.
The Scheme provisions further detail that Council shall apply the following criteria when exercising discretion on applications for development approval and other related matters in respect of land within the zone:
“a) development must be compatible with the land capability and suitability including the visual and environmental qualities which Council considers to be worthy of conservation;
b) Remnant vegetation should be retained and linked, where possible, by corridors of vegetation of a sustainable width;
c) Water quality and watercourses within existing and proposed water catchment areas shall be protected;
d) Land use and management practices should be compatible with the protection of landscape quality;
e) There should be strategic re-vegetation of cleared or degraded areas in order to blend development into the landscape; and
f) There should be an assessment of the fire risk and fire management programme in accordance with the guidelines issued by the Bush Fires Board to address the risk”.
These provisions will be addressed further in the report.
Clause 8.2.6.3 of the Scheme requires the preparation and adoption of an ODP prior to any subdivision of land within the “Landscape” zone.
Subdivision Guide Plan 8A
Notwithstanding the subject lots “Landscape” zoning and the Scheme provisions applicable thereunder, the subject land still forms part of the current Subdivision Guide Plan 8A and is arguably still subject to the provisions relating to this as contained in Appendix 7 of the Scheme. Clause 17 of these provisions state:
“With the approval of the State Planning Commission, the Subdivisional Guide Plan may be modified where circumstances direct, but the number of lots created through subdivision of the entire property shall not exceed 493, exclusive of lots for water supply, private recreation, radio transmission, public purposes or other non-saleable purposes”.
The City has, in consideration of the re-subdivision of land within the Brigadoon Estate through ODP’s 129,130 and 131, accepted the position that arguably both sets of provisions are binding and that there is scope to pursue the preparation of an Outline Development Plan for further subdivision which in itself would constitute a modification to the Guide Plan. In consideration of the above stated ODP’s the City accepted the documentation provided by the applicant (for ODP’s 129,130 and 131) that the original limit of 493 lots was based on water servicing restrictions which have subsequently been superseded by infrastructure upgrading.
Gidgegannup/Brigadoon Place Plan
With respect to the subject lots, the place plan indicates that proposed subdivision needs to…”respond to contemporary planning issues associated with:
• Fire management;
• Protection of environmental and landscape assets, including minimised removal of remnant vegetation, protection of waterways;
• Land capability for effluent disposal and prevention of erosion”.
The Place Plan identifies the need to remove the current situation of a dual set of Scheme provisions. It recommends an amendment to rezone the entire estate and associated areas back to “Special Rural” with the introduction of a contemporary set of development control provisions. Whilst minimising the need to clear high quality remnant vegetation is a key objective of the draft amendment provisions contained in Appendix 4 of the Place Plan, there is no specified minimum lot size for the northern portion of the estate. The proposed 4 hectare minimum lot size is intended to apply only to the existing subdivided portion. Lot sizes for the northern portion will be determined in accordance with the above listed considerations.
In relation to the matter of road safety and access, the Place Plan accepts and endorses the requirement for the O’Brien Road connection with the estate and
recommends the ongoing liaison with main Roads for improved road lines and signage along Campersic Road.
Bushfire Risk and Management
The proposed ODP has been subject to a Bushfire Hazard Assessment and Fire Management Plan. The area is, by virtue of topography and vegetation, predominantly rated “extreme”, with some minor portions rated “medium”. In response to the extreme hazard rating and noting the current Scheme requirement, WAPC/FESA Bushfire planning principles and the endorsed Place Plan recommendation, the applicant has negotiated for the acquisition and subdivision of land required to provide a road connection between O’Brien Road and the estate. The applicant accepts the City and WAPC position that the road connection will need to be constructed and provided as part of any first stage subdivision approval.
The proposed Fire Management Plan provides the following features:
• A strategic firebreak system of 6 metres in width and unrestricted vertical clearance, with turnaround and manoeuvring areas, along the perimeter of the landholdings (utilising existing cleared trails);
• Dwelling setbacks of 60 metres from the strategic firebreaks;
• Internal standard firebreaks; and
• All lots with 30 metre wide building protection zones and an additional 30 metre wide hazard separation zone (fuel reduction).
A noted departure from the Subdivision Guide Plan 8A is the lack of provision of a subdivision road along the western perimeter of the subdivision area, separating the scarp edge (and Parks and Recreation Reserve) from the proposed lots. This aspect is a noted design principle in the WAPC/FESA “Planning for Bushfire Protection” which indicates that residential lots should be separated from areas of high/extreme fire risk by access roads. Design in this matter constitutes acceptable development under this document however the provision of strategic firebreaks may achieve the same end, thereby fulfilling the listed performance criteria.
City staff note that whilst strategic firebreaks can achieve the required standard, they require the maintenance of the various lot owners to remain operationally effective. In a small subdivision this is perhaps less problematic, but with a greater number of lots, strategic firebreaks are likely less reliable than sealed public roads.
However in counterpoint to this consideration it must also be noted that the existing slopes and gradients at the perimeter of the subdivision area are such that they would require modification and earth working to achieve the required standard for a public road (where the standard for unsealed firebreaks is less stringent). Such modification would entail further clearing of vegetation and alteration to landform that would likely to impinge on the existing natural qualities of the scarp edge, making it more visually prominent then the proposed design.
On balance it is a consideration of the enforcement of lot owner’s obligations to maintain strategic breaks as opposed to the provision of additional clearing and modification to the scarp edge. In this particular instance and taking into account the 60 metres separation zone from the edge of the scarp, it is recommended that the proposal for strategic firebreaks in lieu of a perimeter road be accepted.
Additional commitments from applicant following meeting of 17-01-08 At the stakeholder meeting the applicant has committed to:
• increasing the minimum width of the strategic firebreak along the scarp edge from 4 meters to 6 metres;
• bitumen seal applied to areas of steeper gradients within the strategic firebreak;
• strategic firebreaks will be maintained by Peet up to the point of the last lot being sold; and
• number of fire hydrants provided will be doubled from 1 every 200 metres to 1 every 100 metres.
Road Network
The proposed ODP provides for a road network comprising of the extension of Connemara Drive in a loop through the central portion of the landholdings. A 23 metre wide reserve is provided for this purpose, containing a 7.4 metres pavement with 1.5 metre shoulders. Off shoots from this central loop road will be a 20 metre reserve with a 6.2 metre wide pavement. The perimeter road along the eastern boundary of the subject lot, which services 6 lots only is proposed as a 16 metre reserve.
The proposed road network and widths are considered acceptable.
It is a key central component of the subdivision of the Northern portion of the estate that the connection through to O’Brien Road is constructed as part of the first stage of any subdivision. This should be included as a notation of the ODP if approved.
Campersic Road
Concerns over the safety of Campersic Road and its capacity to accommodate additional traffic from further lots (including construction traffic) has been noted extensively by the community, both in public consultation from the Place Plan and through the consultation on the proposed ODP.
It also needs to be acknowledged that the original approved Subdivision Guide Plan provided for over 200 lots in the northern portion of the Estate. It is understood that the design of Campersic Road took this factor into account. The City accepts the concerns of residents with regard to Campersic Road, and, as noted by the Pace Plan will continue to work towards implementing the recommended actions for its improvement.
In the matter of construction traffic, the applicant will be required, as a condition of any subdivision approval, to submit for the City’s approval a Construction Management Plan that addresses, amongst other matters, the type and volume of construction traffic and their access routes to the subdivision site. It is considered reasonable and prudent that a full Road safety Audit of Campersic Road be required as a condition of any subdivision. This requirement should be notated on the ODP Flora and Fauna /creek lines
Loss of habitat for native flora and fauna was a significant concern of residents. The proposed density of development in terms of the number and size of lots and the
resultant impact of clearing coupled with the lack of corridors of vegetation were issues cited in the public submissions.
The applicant has provided a vegetation assessment that identified and mapped existing vegetation communities based on a recognised rating scale (Bush Forever Vegetation Condition Rating System). Investigation of any locations of Declared Rare Flora or Priority Flora was also undertaken. The assessment indicates that approximately 20% of the proposed subdivision area has been completely cleared, with the remainder selectively logged or with firewood removed. Under the vegetation condition scale utilised (which ranges from completely degraded, poor, good, very good, excellent to pristine) 79% (350 ha) comprises vegetation rated good to very good, with 2% (8.8 ha) comprising vegetation rated excellent. Three species of potentially Priority Flora were identified. These have been retained. The identified instance of one of these species is wholly retained within the current proposed vegetation corridor. The other two identified species would be located wholly within proposed lot boundaries. The assessment has attempted to quantify the area of vegetation that would be cleared as a result of the proposed subdivision however this appears to take into consideration only the road network, not building envelopes or clearing required for bushfire protection. The calculated amount of vegetation cleared for roads only was calculated as 28 hectares.
Further concern was expressed that the matter of fauna had not been adequately investigated by the applicant. In response to these concerns, the applicant is understood to have liaised with a “sub-committee” of BPA members/residents to explore these issues. The applicant engaged an environmental consultant who conducted field investigations of the site including a creek line and wetland assessment and a Level 1 fauna assessment by a qualified zoologist in accordance with EPA policy. The fauna assessment noted that the area contains some fauna habitats of local significance, but not of regional significance. It also states that the modification to the woodland communities through past practices and uses has limited the range of significant species that would utilise the site on a permanent basis, with few of these constituting permanent breeding residents. The ceding of the reserved portions of the subject lots is noted by the respect as a significant offset to any loss of species habitat.
The outcomes of the environmental assessment with respect to the proposed ODP design have been:
• Full retention of the only onsite wetland and associated creek line in the northern portion of the site.
The wetland and creek are proposed to be contained undisturbed within a 10.2 hectare corridor. Whether this land is vested as Public Open space, included as Regional Open Space through incorporation into the adjoining regional reserve, or retained in private ownership will require further investigation, prior to any subdivision. If the first option of vesting as public open space is accepted it is envisaged that the land would be wholly retained in its natural state without any development of recreational facilities. This would provide a conservation measure for the wetland and watercourse in addition to providing a potential corridor for wildlife movement
• Development of management plan for wetland and creek areas.
A management plan will be required, particularly if the option to retain the lot in private ownership is pursued.
• Identification of habitat trees
The fauna assessment identified a number of remnant trees that were considered to provide a greater fauna habitat including for bird species. The ODP design and lot configuration has been adjusted to provide for the retention of these trees.
• Boundary lot configuration and road realignments
The boundaries of lots and alignments of the road network have been modified to minimise fragmentation of creek lines and the identified wetland and to ensure that roads maximise use of current cleared and degraded areas.
• Use of building envelopes
Indicative Building envelope locations have been specifically designated on proposed lots that abut the scarp, watercourses and areas of excellent or pristine condition vegetation or known or potential Priority Flora locations. These have been utilised to provide maximum buffer distances to these features. It need be noted that the areas designated on the ODP are not the envelopes themselves but the areas wherein regularly configured envelopes may be located.
• Reduction in number of lots
The net affect of all modifications recommended by the Environmental Review Report translates to a reduction in overall lot yield from 219 to 214 lots.
Environmental Protection and Biodiversity Conservation Act 1999
At the stakeholder meeting of 17 January the applicant outlined the function and application of the Act with reference to the subject proposal. In summary the following points are of note:
• Commonwealth legislation which provides the Federal Government scope for involvement with the protection and management of matters of national environmental significance (e.g. RAMSAR listed wetlands, threatened species and listed heritage places;
• Obligation for referral rests solely with the proponent, in this instance Peet Ltd with no legislative scope for third party referrals form approval agencies such as a local government authority;
• Three species are potentially relevant within the context of this Act – Carnaby’s Black Cockatoo, Black-flanked Rock Wallaby and the Western Quoll. The Act is concerned with the species as a whole rather then individuals and the assessment of any proposal is undertaken within this context.
• The Act is triggered by physical action on the ground not at the structure planning/approvals stage. The proponent’s obligations under the Act will apply through the lifetime of the project.
• The ODP design has been modified to response to habitat preservation for the Black Cockatoo.
Building Envelopes and effluent disposal
The proposed ODP intends to depart from the usual established practice of designating building envelopes within lots. Apart from those lots where indicative building envelopes areas have been delineated in response to watercourse or vegetation constraints, the ODP provides flexibility for envelope locations subject to the following controls:
• 15 metre setback from road reserves;
• 30 metres setback from all other boundaries; and
• envelopes to be no greater than 10% of the gross lot area.
The ODP proposes that building envelopes will be designated at development application stage for dwellings. However given that single dwellings are exempt from development approval under certain conditions it is noted that lot owners must comply with the ODP provisions in establishing and indicating their chosen envelope locations at the Building Licence stage. It is recommended that notification of the ODP requirements with respect to building envelopes be placed on all individual lot titles as a condition of any subdivision approval. This requirement should be notated on the ODP.
As recognised by the original land capability assessment undertaken in the preparation of the Subdivision Guide Plan, the vast majority of the subdivision area comprises Dwellingup soils, with Helena and Myara types and is capable of accommodating standard septic systems. Where watercourses traverse proposed lots, designated envelope areas are able to achieve the 30 metres buffer distance required by the relevant Department of Water's Water Quality protection note. As such the current notation on the ODP for septic systems to be 100 metres from watercourses should be deleted.
Visual Impact
In accordance with the Scheme requirements related to the Landscape zone, the applicant has addressed the visual impact of the proposed development through a visual and landscape appraisal. The assessment determined that the principal areas of potential visual impact from the development of lots is along the scarp edge, as seen from the valley, river and ridge on the other side (Jumbuck Hill). Primarily views from the valley are restricted by topography and vegetation, whilst broader views are considered “distant” as defined within the assessment framework. The assessment recommends the maximum retention of existing vegetation along the scarp edge with supplementary planting to achieve screening of building site as necessary.
Fencing
The Department of the Environment has advised that appropriate fencing should be constructed to DEC standards along the common boundary with Walyunga National Park. The portion of the subject lots presently reserved for Parks and Recreation under the MRS will be ceded (with the developers consent) free of cost to the Crown at the time of subdivision. As such none of the proposed residential lots will adjoin the current boundaries of Walyunga National Park.
Stormwater drainage
The applicant has liaised with the Swan River Trust with respect to the need for any formal referral of the proposed ODP. It is understood that Trust officers advised that
referral of the ODP was not required, given that an existing Subdivision Guide Plan for development remains statutorily valid. Notwithstanding the Trust advised that detailed stormwater drainage management should incorporate Trust requirements to minimise impact on the Avon and Swan Rivers. A detailed Stormwater Management Plan will be required as a condition of any subdivision approval and accordingly can be subject to review/approval by the Trust.
Lot Sizes
The matter of lot sizes is the key factor influencing the potential impact on the environment –flora and fauna. In respect of subdivision it is recognised as fact that the smaller lots become, in an extreme bushfire risk environment such as Brigadoon, the greater the degree of clearing necessary. It is also recognised that, fundamentally the matter of clearing is to a significant extent inconsistent with the objectives of vegetation retention and maintaining natural habitats for native species, which are the noted objectives of the “Landscape” zone.
This mutually exclusive situation is recognised and expressed by the Gidgegannup/Brigadoon Place Plan. The current Scheme contains two sets of provisions –one which recognises a current and valid (albeit over twenty years old) plan of subdivision and the other which indicates no minimum lots sizes but requires specific regard to landscape and environmental qualities. The Place Plan recommendations accept the need to resolve the conflict and uncertainty engendered by this arrangement by reverting to the original intent of the Brigadoon locality –to provide a special rural estate. In this instance it is offered that, where provision has been made for a form of residential development (as created under the original Guide Plan), then the primary concern is surely one of maintaining the security of lives and property.
On balance its is accepted that the proposal will entail a significant degree of vegetation clearing however it is also accepted that the provisions of a special rural estate would appear to take precedence with respect to Brigadoon. Further it is also acknowledged that the applicant has in good faith sought to achieve a balanced outcome through significant technical input. As a final counterpoint it need also be noted that the substantial reserved component of the landholding will be ceded free of cost and that this provides a significant opportunity for conservation of flora and fauna environments and future public enjoyment.
On this basis the proposed lot sizes are considered acceptable.
Bushland reserves
Two areas of bushland reserve are proposed – the 10 hectare corridor comprising the wetland and associated watercourse in the northern portion of the site, and another 1 hectare area proposed at the western edge. It is understood that the latter area has been incorporated into the ODP design to provide some form of public space, perhaps containing a picnic area, gazebo, playground with views across the river valley westwards. The nature of any facilities on this site will be subject to appropriate review through a requirement of a Development Application.
Servicing
As noted by Water Corporation upgrading of the water supply to the northern areas is required. This will be fully met by the developer at subdivision stage.
Bridle Trails
The developers proposed design is not intended as an equestrian estate, given the lot sizes, topography and soil types and vegetation. As such no provision for bridle trails has been made throughout the proposed ODP area.
Community Facilities
Peet Ltd has offered to provide a 7000m2 lot with a fully constructed tennis court to be ceded to the City free of cost for the use of the Brigadoon community. The existing sales office will similarly be ceded to the City upon completion of the project. Until then Peet has offered the use of this building to the Progress Association when it is not being used as sales office.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to refuse the proposed ODP 147 and modification to Subdivision Guide Plan 8A for the following reasons:
• The proposed ODP design will entail significant clearing of existing vegetation, with potential impact on native flora and fauna. Such impact is not considered consistent with the purpose and intent of the subject lots ‘Landscape” zoning and the character and amenity of the area.
• The lack of a subdivision road along the full western perimeter of the subdivision area does not accord with the Acceptable Solution AS3.4.1 of the WAPC/FESA document “Planning for Bushfire Protection” where it states that subdivision and related development should be separated from fire hazard by a public road running around the perimeter of the subdivision area.
This is not the recommended option.
Implications: The applicant would have a right of appeal to the State Administrative Tribunal. Any review of the matter in the SAT would be mindful of the statutory standing of the existing Subdivision Guide Plan which already provides for subdivision into approximately 200 lots, albeit with a perimeter subdivision road to the western edge.
Option 2: Council may resolve to delegate to the Principal Planner authority to approve the proposed ODP 147 and modification to Subdivision Guide Plan 8A subject to the following requirements and notations being placed on the Plan.
• The Fire Management Plan being approved by the City’s Coordinator Volunteer and Fire Services.
• A Notation on the ODP which states “The designated road connection between the northern portion of the Brigadoon Estate proposed under this ODP and O’Brien Road is to be constructed and gazetted as a public road as part of, or prior to, any subdivision”.
• A notation on the ODP which states “The applicant to undertake, with the participation of City staff, a Road Safety Audit of Campersic Road as a condition of any subdivision approval”.
• A notation on the ODP which states “An area of 7000m2 to be ceded to the City free of cost for the construction of a Tennis Court. Such construction cost to be borne by the applicant/owner (Peet).
• A notation of the ODP which states “A Stormwater Management Plan for the proposed subdivision area is to be prepared in accordance with the guidelines contained in ‘Stormwater Management Manual for Western Australia – DoE 2004’ and submitted for the approval of the City of Swan in conjunction with the advice of the Department of Water and Swan River Trust, as a condition of subdivision.”
• A notation on the ODP which states “any modification to a watercourse, its bed or banks requires a permit from the Department of Water”.
• A notation on the ODP which states “The vesting and control of the 10.1989 ha bushland lot is to be subject to further investigation by Council and determined prior to any subdivision”.
• A notation on the ODP which states “Any development of the 1.0258 ha lot at the western edge is to be subject to an Application for Approval to Commence Development”
• A notation on the ODP which states ‘The areas of the Lots 1010 and 1022 which are reserved for Parks and Recreation under the MRS are to be ceded fee of cost to the Crown at the time of subdivision.”
• The Building Envelope provisions contained in the ODP Legend are to be amended as follows:
“Building envelopes are to be specified on a site plan at Building Licence stage”
“Notifications pursuant to Section 70A of the Transfer of Land Act 1893 are to be registered on the Certificates of Title of any lots that contain remnant nesting trees, areas of pristine and excellent category vegetation and priority species as identified by the ODP 147”
• The Effluent Disposal provisions are to be amended to delete the statement “no septic tanks are to be located within 100 metres of any creek line”.
This is the recommended option.
Implications: The removal of the perimeter subdivision road and its replacement with a strategic fire break system has the potential to create a maintenance and enforcement and burden for Council if lot owners fail to comply with the maintenance of their portion of the strategic fire break. This option relies on residents to abide by their obligations under any approved Fire Management Plan.
CONCLUSION
Peet Limited have presented an Outline Development Plan (147) for the subdivision of Lot 1010 Campersic Road and Lot 1022 Cathedral Avenue Brigadoon into 214 Lots, ranging in size from 1.5 ha to 5.05 ha with an average size of 1.8 ha.
The proposal represents a modification to the current Subdivision Guide Plan 8A with respect to subdivision layout over the northern portion of the Brigadoon estate which was never developed.
The lots are zoned rural under the MRS and partially reserved for Parks and Recreation. They are zoned “Landscape” and correspondingly reserved under the City’s Town Planning Scheme No.9. In addition to the provisions and requirements of the landscape zone under the Scheme, the provisions relating to Special Rural Zone 8, which incorporate the Subdivision Guide Plan also apply. No minimum lot sizes for the
‘Landscape” zone apply.
The proposal has undergone full advertising in accordance with Scheme requirements with referral to a number of agencies. Of the referral responses received none objected to the proposal.
The applicant has liaised with the Brigadoon Progress Association with a public workshop. A total of 67 submissions were received with 57 objections, prominent amongst these being – impact of lot sizes and clearing on native vegetation and wildlife, rural character and amenity of the area, impact of extra traffic along Campersic Road and from O’Brien Road and lack of POS/wildlife corridors.
Whilst matters such as the capacity of Campersic Road and the O’Brien Road connection were addressed as part of the original Guide Plan and are incorporated as Scheme requirements for the estate, it is considered appropriate to require a Road Safety Audit of Campersic Road as a condition of any subdivision approval.
Vegetation, fauna and visual landscape field studies and assessment have been undertaken by the applicant as part of the original submission and in response to concerns raised by Brigadoon residents. A number of design modifications have been made to the ODP to address residents concerns and the outcomes of the studies, including provision of a large linear bushland corridor, realignment of lots to retain identified priority flora species and minimise impact on creek lines, designation of building envelopes to protect natural feature and a minor reduction in lots.
Key departures from the original Guide Plan layout are the removal of the subdivision perimeter road along the full length of the western edge and a minor reduction in lot sizes. Whilst the replacement of the perimeter road with strategic firebreaks still meets performance requirements for fire safety, it is noted that maintenance and enforcement issues may arise. Notwitstanding it is considered the alternative of the road presents significant landscape and clearing impacts to the scarp edge and is therefore not preferred.
Matters such as stormwater management, and construction management can be addressed as requirements at subdivision stage.
On balance, and taking into consideration the current approved and valid Guide Plan for the northern portion of the estate, the further technical studies and modifications
made by the applicant and the significant offset to any environmental impacts inherent in the ceding of the large reserved tracts of land it is recommended that Council delegate to the Principal Planner authority to approve the ODP subject to additional requirements including the approval of the Fire Management Plan and several notations.
ATTACHMENTS
Proposed ODPSTRATEGIC IMPLICATIONS
Gidgegannup Brigadoon Place PlanSTATUTORY ENVIRONMENT
Town Planning Scheme No.9FINANCIAL IMPLICATIONS
NilRECOMMENDATION
That the Council resolve to:1) Delegate to the Principal Planner authority to approve the proposed ODP 147 and modification to Subdivision Guide Plan 8A subject to the following requirements and notations being placed on the Plan.
a) The Fire Management Plan being approved by the City’s Co-Ordinator Volunteer and Fire Services.
b) A Notation on the ODP which states “The designated road connection between the northern portion of the Brigadoon Estate proposed under this ODP and O’Brien Road is to be constructed and gazetted as a public road as part of, or prior to, any subdivision”.
c) A notation on the ODP which states “The applicant to undertake, with the participation of City staff, a Road Safety Audit of Campersic Road as a condition of any subdivision approval”.
d) A notation on the ODP which states “An area of 7000m2 to be ceded to the City free of cost for the construction of a Tennis Court. Such construction cost to be borne by the applicant/owner (Peet).
e) A notation of the ODP which states “A Stormwater Management Plan for the proposed subdivision area is to be prepared in accordance with the guidelines contained in ‘Stormwater Management Manual for Western Australia – DoE 2004’ and submitted for the approval of the City of Swan in conjunction with the advice of the Department of Water and Swan River Trust, as a condition of subdivision.”
f) A notation on the ODP which states “any modification to a watercourse, its bed or banks requires a permit from the Department of Water”.
g) A notation on the ODP which states “The vesting and control of the 10.1989 ha bushland lot is to be subject to further investigation by Council and determined prior to any subdivision”.
h) A notation on the ODP which states “Any development of the 1.0258 ha lot at the western edge is to be subject to an Application for Approval to Commence Development”
i) A notation on the ODP which states ‘The areas of the lots 1010 and 1022 which are reserved for Parks and Recreation under the MRS are to be ceded fee of cost to the Crown at the time of subdivision.”
j) The Building Envelope provisions contained in the ODP Legend are to be amended as follows:
“Building envelopes are to be specified on a site plan at Building Licence stage”
“Notifications pursuant to Section 70A of the Transfer of Land Act 1893 are to be registered on the Certificates of Title of any lots that contain remnant nesting trees, areas of pristine and excellent category vegetation and priority species as identified by the ODP 147”
k) The Effluent Disposal provisions are to be amended to delete the statement “no septic tanks are to be located within 100 metres of any creek line”.
2) Upon receipt of the modifications outlined in (1) above to the satisfaction of the Principal Planner, the ODP 147 and Subdivision Guide Plan 8A be forwarded to the Western Australian Planning Commission for consideration and endorsement.
3) Notify all parties that have made a submission of Council’s decision.
MOTION that the Council resolve to:
1) Adopt the Recommendation subject to 1) d) being amended to read as follows:
A notation on the ODP which states “An area of 7000m2 to be ceded to the City free of cost for the construction of a Tennis Court. Such construction cost to be borne by the applicant/owner (Peet) and be part of the first stage of the subdivision."
The following to be added to the conditions:
l) The sales office to be restored to the satisfaction of the Council and ceded to the City free of cost at the time of the first stage of subdivision and leased back to Peet for weekend sales office purposes, the conditions of which shall be determined by the Principal Planner.
(Cr Zannino - Cr Croy) RESOLVED UNANIMOUSLY TO:
1) Delegate to the Principal Planner authority to approve the proposed ODP 147 and modification to Subdivision Guide Plan 8A subject to the following requirements and notations being placed on the Plan.
a) The Fire Management Plan being approved by the City’s Co-Ordinator Volunteer and Fire Services.
b) A Notation on the ODP which states “The designated road connection between the northern portion of the Brigadoon Estate proposed under this ODP and O’Brien Road is to be constructed and gazetted as a public road as part of, or prior to, any subdivision”.
c) A notation on the ODP which states “The applicant to undertake, with the participation of City staff, a Road Safety Audit of Campersic Road as a condition of any subdivision approval”.
d) A notation on the ODP which states “An area of 7000m2 to be ceded to the City free of cost for the construction of a Tennis Court. Such construction cost to be borne by the applicant/owner (Peet) and be part of the first stage of the subdivision."
e) A notation of the ODP which states “A Stormwater Management Plan for the proposed subdivision area is to be prepared in accordance with the guidelines contained in ‘Stormwater Management Manual for Western Australia – DoE 2004’ and submitted for the approval of the City of Swan in conjunction with the advice of the Department of Water and Swan River Trust, as a condition of subdivision.”
f) A notation on the ODP which states “any modification to a watercourse, its bed or banks requires a permit from the Department of Water”.
g) A notation on the ODP which states “The vesting and control of the 10.1989 ha bushland lot is to be subject to further investigation by Council and determined prior to any subdivision”.
h) A notation on the ODP which states “Any development of the 1.0258 ha lot at the western edge is to be subject to an Application for Approval to Commence Development”
i) A notation on the ODP which states ‘The areas of the lots 1010 and 1022 which are reserved for Parks and Recreation under the MRS are to be ceded fee of cost to the Crown at the time of subdivision.”
j) The Building Envelope provisions contained in the ODP Legend are to be amended as follows:
“Building envelopes are to be specified on a site plan at Building Licence stage”
“Notifications pursuant to Section 70A of the Transfer of Land Act 1893 are to be registered on the Certificates of Title of any lots that contain remnant nesting trees, areas of pristine and excellent category vegetation and priority species as identified by the ODP 147”.
k) The Effluent Disposal provisions are to be amended to delete the statement “no septic tanks are to be located within 100 metres of any creek line”.
l) The sales office to be restored to the satisfaction of the Council and ceded to the City free of cost at the time of the first stage of subdivision and leased back to Peet for weekend sales office purposes, the conditions of which shall be determined by the Principal Planner.
2) Upon receipt of the modifications outlined in (1) above to the satisfaction of the Principal Planner, the ODP 147 and Subdivision Guide Plan 8A be forwarded to the Western Australian Planning Commission for consideration and endorsement.
3) Notify all parties that have made a submission of Council’s decision.
