DETAILS OF THE PROPOSAL

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3.11 PROPOSED CLEARING OF NATIVE VEGETATION - LOT 4800 MOSELEY DRIVE, THE VINES (DA225-17)

Ward: (North Ward) (Statutory Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval to clear approximately 1.58 hectares of established native vegetation on Lot 4800 Moseley Drive, The Vines, located at the south-eastern corner of Banrock Drive and Elmridge Parkway.

• The subject lot is zoned 'Urban' in the Metropolitan Region Scheme and ‘Special Use Zone 3’ in the City's Local Planning Scheme No.17 (LPS17). The lot is currently vacant and identified as a future school site in the applicable Outline Development Plan No.37 (ODP37).

• The application was advertised for comment via a sign on site and letters to 25 surrounding properties. 15 submissions were received, all of which were objections. The key concerns raised in the public submissions relevant to planning matters are the impact of the proposed clearing on amenity, bushfire risk and the environment.

• The applicant states the reason for clearing the vegetation is to reduce the bushfire hazard level ahead of the planned development of a school at the site.

It is understood that the landowner was contacted by the City’s community safety advocates to address some residents’ concerns about the unmanaged vegetation on the site, including the risk of bushfire hazard.

• City staff consider the proposed clearing of all vegetation on the lot to be inconsistent with the intent of ODP37 to retain some mature trees on the school site, and with Objective (c) of the Residential zone to preserve and enhance those characteristics that contribute toward residential amenity.

• City staff believe there is opportunity to clear part of the vegetation to reduce the bushfire hazard on the lot to an acceptable ‘low’ level while retaining a portion of the vegetation to achieve Objective (c) of the Residential zone.

• The application was referred to the Department of Environment Regulation and Department of Planning, Lands and Heritage for comment. Neither agency object to the development, however it is noted that the proposal is currently subject to an application to clear native vegetation under the Environmental Protection Act 1986.

It is recommended that the Council grant conditional approval for the Clearing of Vegetation on Lot 4800 Moseley Drive, The Vines, except for a specified area along the Ackworth Grange street boundary.

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AUTHORITY/DISCRETION

Council has discretion in accordance with subclause 68(2) of Schedule 2 of the Planning and Development Act (Local Planning Schemes) Regulations 2015 (the Regulations) to refuse or approve (with or without conditions) the application, except for a specified part or aspect of that application pursuant to subclause 73(b) of the Regulations. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Coterra Environment

Owner: The Roman Catholic Archbishop of Perth Zoning: LPS17 - Special Use Zone 3

MRS - Urban

Strategy/Policy: State Planning Policy 3.7 – Planning for Bushfire Prone Areas

Development Scheme: Planning and Development Act (Local Planning Schemes) Regulations 2015,

Local Planning Scheme No.17 Existing Land Use: N/A

Lot Area: 4.089 hectares

Use Class: N/A

DETAILS OF THE PROPOSAL

The application seeks approval to clear approximately 1.58 hectares of established native vegetation from the subject property, which is a 4 hectare vacant lot located at the south-eastern corner of Banrock Drive and Elmridge Parkway in The Vines.

The applicant states the reason for clearing the vegetation is to reduce the bushfire hazard level ahead of the planned development of a school at the site. There is currently no planning approval for the lot however the land is identified as a future school in the endorsed Outline Development Plan No.37 – The Vines Stage 5 (ODP37).

PUBLIC CONSULTATION

The application was advertised for comment via a sign on site and letters to 25 surrounding properties. 15 submissions were received, all of which were objections. The following is a summary of the key concerns raised in the public submissions:

• Residents currently enjoy the visual amenity provided by the established vegetation on the lot, as well as its natural benefits such as birds, wildlife, shade, privacy, and protection as a physical buffer to traffic and other noise;

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• The bushfire risk associated with the vegetation is minimal and its removal is not warranted because the value of the native vegetation outweighs the bushfire risk;

• The vegetation is part of a wetland on the site that provides habitat and a wildlife corridor for native fauna. A study of the ecological impact of the proposed clearing has not been undertaken;

• Nuisance dust and sand already blows from the existing cleared areas on the lot and this will increase with further clearing and ground destabilisation. Proposed measures to reduce the spread of dust during clearing works will not prevent ongoing impacts while the lot is vacant for an indefinite period;

• Illegal dumping, hoon vehicles and trespassers are already a problem on the lot and a cleared vacant site will encourage more instances of this;

• Concern that the cleared lot will be developed for commercial purposes and that this will attract anti-social behaviour and negatively impact property value; and,

• Loss of views of the vegetation will negatively impact property value.

A number of the public submissions suggested the vegetation be maintained until the construction of the planned school, at which time there may be opportunities to incorporate some vegetation in the design. The ‘Details’ section of this report provides a response to the above issues as these pertain to relevant planning considerations, namely amenity, bushfire risk, and environmental impacts.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Water and Environment Regulation (DWER)

The proposal is currently subject to an application to clear native vegetation under the Environmental Protection Act 1986. The DWER advises that this application is still undergoing assessment pending further information about the environmental assets of the site and advice from the Department of Biodiversity, Conservation and Attractions.

Department of Planning, Lands and Heritage (DoPLH)

The application was referred to the DoPLH because the subject lot may be affected by a registered Aboriginal Site. The DoPLH advises that the clearing works will not impact any registered Aboriginal Site however recommends that the proponent consider the Aboriginal Heritage Due Diligence Guidelines to identify and mitigate risks to Aboriginal heritage. This requirement may be addressed through an advice note should the clearing works be approved.

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DETAILS

Residential Amenity:

The subject lot is zoned 'Urban' in the Metropolitan Region Scheme and ‘Special Use Zone 3’ in the City's Local Planning Scheme No.17 (LPS17). The lot is identified as a

‘School’ in Outline Development Plan No.37 (ODP37) for the Woburn Park area.

The land surrounding the site has been developed in accordance with ODP37 for medium density residential use and public open space. ODP37 states that the location of the school site adjacent to public open space to the south provides the opportunity to retain some mature trees and wetland vegetation where buildings and playing fields are not required. The retention of this vegetation is intended to enhance the visual amenity of the school site and its integration with adjacent public open space.

City staff acknowledge that surrounding residents currently enjoy the visual amenity and other natural benefits provided by the vegetation. It is considered that the proposed clearing of all vegetation on the lot would be inconsistent with the intent of ODP37 to retain some mature trees on the school site, and with Objective (c) of the Residential zone to preserve and enhance those characteristics that contribute toward residential amenity.

Notwithstanding, City staff believe there is opportunity to clear part of the vegetation to reduce the bushfire hazard level on the lot and still achieve Objective (c) as discussed below.

Bushfire Management:

It is understood that the landowner of the lot was contacted by the City’s community safety advocates to address some residents’ concerns about the unmanaged vegetation on the site, including the risk of bushfire hazard. The applicant has lodged this application in response to those concerns.

The vegetation on the lot is comprised of three areas identified as A), B) and C) on the attached Proposed Clearing Plan and described as follows:

• Area A is in the north and approximately 1 ha;

• Area B is central and approximately 0.4 ha;

• Area C is in the south and approximately 0.18 ha.

The vegetation as a whole is approximately 1.58ha and classified as a moderate bushfire hazard under State Planning Policy 3.7 - Planning in Bushfire Prone Areas (SPP3.7). The hazard level may be reduced to ‘low’ if the vegetation is cleared to a single area less than 1ha and separated by 100m from other vegetation.

Area A is located along Ackworth Grange at the north of the lot and over 100m from vegetation within the public open space to the south. It is recommended that a portion of the Area A vegetation, particularly mature trees, be retained along Ackworth Grange to a depth of at least 20m as generally depicted on the attached Clearing Plan.

City staff consider that retention of a portion of the Area A vegetation in this manner will preserve and enhance the residential amenity of the area while reducing the bushfire hazard level on the lot so as not to prejudice the future development of a safe and attractive residential environment consistent with Objective (c) of the zone.

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Area B is partly located within 100m of vegetation within the adjacent public open space and its central location is likely to impede future development of buildings and playing fields on the school site, inconsistent with the intent of ODP37. Area C is wholly located within 100m of vegetation within the public open space. City staff consider the clearing of Areas B and C to be acceptable to reduce the bushfire hazard level on the lot to ‘low’.

Environmental Considerations:

Wetlands

A conservation category wetland is located over the western portion of the lot. As part of the City’s initial endorsement of ODP37 in 2005, the plan identifying the land as a future school was referred to the then Department of Environment and the Environmental Protection Authority for comment. Both agencies accepted the plan on the basis that a significant portion of the wetland would be retained within the public open space to the south of the subject lot.

City staff advise that relevant environmental issues will be considered by the responsible authority as part of an application to clear native vegetation under the Environmental Protection Act 1986.

Soil Erosion & Dust

The applicant has advised that the clearing works will be undertaken in light wind conditions to minimise off-site dust impacts. After clearing works, surface soil on the site is proposed to be stabilised through hydraulic mulch or grass seeding to prevent erosion.

Vegetation regrowth is proposed to be managed through annual grass slashing prior to the bushfire season.

City staff recommend that such management practices be imposed as conditions of approval, should the development be approved, to control off-site impacts associated with the clearing works.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant conditional approval for the Clearing of Vegetation on Lot 4800 Moseley Drive, The Vines, except for a specified area along the Ackworth Grange street boundary, for the following reason:

1. Clearing of the specified area of vegetation would be inconsistent with Objective (c) of the 'Residential' zone to preserve and enhance those characteristics that contribute toward residential amenity, and to avoid those forms of development that have the potential to prejudice the development of an attractive residential environment.

Implications: The owner/applicant will be able to proceed with the development except for that aspect specified in the approval. The owner/applicant will have a right of review to the State Administrative Tribunal if aggrieved by this decision.

This is the recommended option.

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Option 2: Council may resolve to grant approval for the Clearing of Vegetation on Lot 4800 Moseley Drive, The Vines.

Implications: The owner/applicant will be able to proceed with the development.

This is not the recommended option.

Option 3: Council may resolve to refuse to grant approval for the Clearing of Vegetation on Lot 4800 Moseley Drive, The Vines, for the following reason:

1. The clearing is incompatible with Objective (c) of the 'Residential' zone to preserve and enhance those characteristics that contribute toward residential amenity, and to avoid those forms of development that have the potential to prejudice the development of an attractive residential environment.

Implications: The owner/applicant would have a right of review to the State Administrative Tribunal if aggrieved by this decision.

This is not the recommended option.

ATTACHMENTS

Proposed Clearing Plan Bushfire Hazard Context Plan

VOTING REQUIREMENTS

Simple majority

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RECOMMENDATION

That the Council resolve to:

1) Grant approval for the Clearing of Vegetation on Lot 4800 Moseley Drive, The Vines, except for a specified area along the Ackworth Grange boundary, subject to the following conditions:

1. This approval is for the clearing of vegetation within Area B and Area C on the approved plan, and the partial clearing of vegetation within Area A limited to that portion outside of the identified "vegetation retention zone"

as depicted on the approved plan.

2. Prior to any development or other works commencing on the site, the landowner/applicant shall submit a Vegetation Retention Plan to the City for approval. The Plan shall identify trees and vegetation to be retained in the "vegetation retention zone" as depicted on the approved development plan to the satisfaction of the Chief Executive Officer.

3. The cleared areas on the lot shall be maintained in a low fuel state to the satisfaction of the City.

4. Felled vegetation and other dead material, and debris shall be removed from the lot at the conclusion of clearing works.

5. Soil on the lot shall be stabilised at all times to prevent erosion and dust blowing, and appropriate measures shall be implemented by the landowner within the time and in the manner directed by the City in the event that sand or dust is blown or drifts from the lot.

6. If the clearing works cause any obstruction, alteration or interference with a natural flow of surface water to the detriment of surrounding land, then the landowner shall rectify the cause of such obstruction, alteration or interference to the satisfaction of the City.

7. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES: Advice notes apply.

2) Advise the applicant/owner of the resolution of Council.

3) Advise all those who made a submission of the Council's decision accordingly.

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Page 8 MOTION that the Council resolve to:

1) Note that the extent of the vegetation on the site and its location within an urbanised environment with good access is considered to render any bushfire risk it might pose to be highly manageable.

2) Refuse the application to clear the native vegetation from Lot 4800 Moseley Drive, The Vines for the following reason:

1. Clearing of the vegetation at this time in advance of development of the site will leave the site susceptible to an increase in windblown sand that has the potential to cause nuisance and adversely affect the amenity of surrounding residential properties.

(Cr Bailey – Cr McNamara)

RESOLVED (12/1) TO:

1) Note that the extent of the vegetation on the site and its location within an urbanised environment with good access is considered to render any bushfire risk it might pose to be highly manageable.

2) Refuse the application to clear the native vegetation from Lot 4800 Moseley Drive, The Vines for the following reason:

1. Clearing of the vegetation at this time in advance of development of the site will leave the site susceptible to an increase in windblown sand that has the potential to cause nuisance and adversely affect the amenity of surrounding residential properties.

For: Crs Bailey, Färdig, Johnson, Kovalevs, Lucas, McCullough, McNamara, Parasiliti, Trease, Wainwright and Williams

Against: Cr Henderson

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Area B

Area A

20.00m20m

VegetationRetention Zone

minimum20m widealong

Ackworth Grange.

Vegetation Retention

Zone

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DISCLAIMER: Information shown hereon is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

21 September 2017 1:1500 100m buffer to other vegetation

Other vegetation / public open space Area of "low threat"

vegetation less than 1ha and located more than 100m from other vegetation.

Bushfire Hazard Context Plan