3.4 ADOPTION OF STRUCTURE PLAN - LOT 232 REEN ROAD, GIDGEGANNUP
(Gidgegannup) (Development Services)
KEY ISSUES
• A structure plan has been submitted for Lot 232 Reen Road, Gidgegannup with the site located approximately 3km north-west from the existing Gidgegannup townsite.
• The proposed structure plan comprises of 14 rural residential lots, each being approximately 20 hectares in size.
• Lot 232 is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Landscape' under the City’s Local Planning Scheme No.17.
• The Structure Plan was advertised for public comment in accordance with Scheme requirements. A total three (3) submissions were received, two (2) of which objected to the Structure Plan, with reasons for objection relating to fire management, flora and fauna protection, road network integration and service provision.
• Fire management of the site is a primary matter for consideration with respect to the structure plan. The applicant has agreed to enter into a legal agreement with the City, specifying the requirements and responsibility for fire management of the land.
It is recommended that Council defer adopting the Structure Plan, pending the applicant entering into a legal agreement with the City in relation to the creation and maintenance of fire access routes, and then delegate to the Principal Planner the authority to adopt the Structure Plan at Lot 232 Reen Road when this legal agreement has been finalised.
AUTHORITY/DISCRETION
Part 5A of Local Planning Scheme No. 17 gives Councils discretion to approve (with or without modifications) or refuse the Structure Plan. As the proposed Structure Plan proposes the subdivision of land, the Structure Plan is to be forwarded to the Western Australian Planning Commission for final endorsement.
BACKGROUND
Applicant: Greg Rowe and Associates
Owner: Riseley Investments Pty Ltd (Michael Coleman)
MRS - Rural
Strategy/Policy: Gidgegannup Rural Strategy: C-POL-087 Development Scheme: Local Planning Scheme No.17
Existing Land Use: Single Dwelling
Lot Size: 287ha (approx)
DETAILS OF THE PROPOSAL
The applicant has submitted the proposed Structure Plan providing for the subdivision of the subject lot which is situated on the eastern side of Reen Road, Gidgegannup.
The proposal includes 14 lots, all around 20 hectares in area, with ten of the lots to be serviced by a 2km long 'cul-de-sac' access leg.
The Structure Plan also stipulates building envelopes for each of the 14 lots, two emergency access ways and a 30 metre buffer around existing water courses.
DESCRIPTION OF SITE
The site is located approximately 3km north-west from the existing Gidgegannup town site and is accessible from Reen Road, which in turn is accessed from Toodyay Road, Gidgegannup.
The site's topography is generally undulating, with the western portion being moderate to steep sloping. The site is also generally cleared with remnant vegetation pockets, with the exception of the western portion which has a considerable amount of undisturbed bushland. There are existing structures (two dwellings, a 'horse arena' and a number of sheds) on the property, along with some dams.
SITE HISTORY/PREVIOUS APPROVALS
NilOTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL
NilAPPLICANT'S SUBMISSION
The following is a summary of the applicant's submission:
• It is consistent with the provisions of the City's Local Planning Scheme No. 17, Gidgegannup Rural Strategy and all relevant Council Policies;
• It utilises cleared areas, and aims to minimise clearing of vegetation;
• It aims to protect the existing watercourse/drainage lines;
• The site is capable of supporting onsite effluent disposal at the proposed building envelope location; and
• Achieves a high level of fire control.
PUBLIC CONSULTATION
The application was advertised in accordance with Scheme requirements including written notification, sign on site and advertisement within the local newspaper. At the close of the submission period a total of three (3) submissions were received, two (2) of which objected to the Structure Plan. The issues raised in submissions were:
• The proposed Structure Plan should offer a safer, more integrated road system, recognising possibly future development of surrounding land (particularly to the north and south);
• Fire management will require the clearing of a circle of safety around each house;
• The entire Gidgegannup Brook Valley, with its steep terrain and thick bush, should be excluded from development and Lots 6, 7, 8 and 9 deleted and the land converted to Public Open Space and Bush Forever;
• Clearing of quality bush for fencing, building envelopes and compulsory firebreaks will be required and will look unattractive;
• Extensive water networks are located on the property, several of which have dams located on them. These dams should be assessed as to whether they have appropriate flow through mechanisms, or possibly should be reinstated back to watercourses;
• Appropriate setbacks must be made to watercourses and wetlands to protect them;
• Vegetation needs to be protected;
• Some of the building envelopes are close to water courses and septic tanks will need to be situated at appropriate distances from water courses;
• There needs to be a year long assessment of the flora;
• There is a requirement for an alternative source of water for fire fighting;
• All power and phone lines should be underground for visual and safety amenity;
• Confirmation should be obtained that services can support an additional 14 dwellings;
• Is there any consideration for bridle trails;
• Significant fire issues and the one access road poses a considerable fire hazard, with a fire management plan needed to be in place and communicated to all landowners; and
• Proposed building envelope location issues.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Department of Environment and ConservationThe Department of Environment and Conservation (DEC) stated no objection to the proposal, however offered the following recommendations:
• The significant native vegetation covering the western portion of the lot may contain high conservation value and while the proposed Structure Plan indicates that no Declared Rare or Priority Listed flora is on site, Priority Listed flora is mentioned as being within 1.5km of the lot. A flora survey should be undertaken, during the spring flower period, prior to subdivision.
• While acknowledging the requirement clearing on Lot 7, being fully vegetated, buildings should be placed within existing cleared areas. Vegetation clearing should only be for building envelopes and essential site works.
• The DEC supports the protection of watercourses and drainage lines within the lot with a 30m buffer and the revegetation of these areas, as outlined in the proposed Structure Plan report.
• No flora species known to be invasive or environmentally damaging are to be used in any landscaping or revegetation of the proposed new lots.
Department of Planning and Infrastructure
The Department of Planning and Infrastructure (now known as the Department of Planning) offered the following advice:
• The applicant's 'Desktop Flora, Fauna and Land Capacity Assessment' has identified several species listed as having their habitat potentially occurring in the area, including the Forest Red-tailed Black Cockatoo, Baudin's Black Cockatoo, Carnaby's Black Cockatoo and the Chuditch. If these species were to be located on the site, the proposal will require referral under the Environment Protection and Biodiversity Act ('EPBC Act') to the Commonwealth's Department of the Environment, Water, Heritage and the Arts ('DEWHA').
• The Planning for Bush Fire Protection (PBFP) notes that culs-de-sac can be no longer than 600m in length, service no more than 8 residential lots only where emergency access is provided between cul-de-sac heads. The Structure Plan proposes a 2km long cul-de-sac, servicing 10 residential lots. While acknowledging that an emergency access is provided at the head of the cul-de- sac, additional justification should be provided.
• Proposed Lots 9 and 14 identifies dwellings that are located outside the proposed building envelope with the Structure Plan report not outlining if these dwellings are to be retained with new dwellings constructed. The inclusion of two dwellings on one lot would be inconsistent with the objective of the 'Landscape' zone with 20ha lots.
• A key principle is that all public access has two different access options, with the Structure Plan proposing only one off Reen Road. While the applicant is claiming that the land to the north and south is too heavily vegetated and steep to accommodate a road connection, the report has not adequately demonstrated the impact of the topography on the potential to provide a future road link.
Department of Water
The Department of Water offered no objection to the proposal; however, offered the following advice:
• Roads and vehicle pedestrian crossings over waterways are to be designed and constructed to minimise detrimental impact on their natural form and function.
• The proposed development is located within the Swan River and Tributaries Catchment area which is proclaimed under the Rights in Water and Irrigation Act (1914). An 11/17/21A permit will be required to interfere with or obstruct the bed and banks of a watercourse. The proponent should contact the DoW's Swan Avon Region office to discuss water management options.
Water Corporation
The Water Corporation advised that it has no objection to the proposal, however advised that it has no services in the area and has not undertaken any infrastructure planning to provide water or waste services to future development.
Telstra
The proposal was referred to Telstra, however the City did not receive any comment.
REPORT
Local Planning Scheme No. 17:
The subject land is zoned 'Landscape' under Local Planning Scheme No. 17. Part 5A of the Scheme identifies the 'Landscape' zone as being a structure planning area with provisions existing for the consideration of subdivision and development of land within a 'Landscape' zone, provided it is in accordance with an approved Structure Plan.
The objectives of the 'Landscape' zone under Local Planning Scheme No. 17 are to:
a) Provide for low density rural residential development and associated rural- residential activities, recognising the visual characteristic of the landscape;
b) Ensure as far as practicable, that the environmental and landscape characteristics of the area are not compromised by development and use of the land for either rural or residential purposes;
c) Encourage the rehabilitation of degraded areas through selected replanting of indigenous.
Gidgegannup Rural Strategy (C-POL-087)
The Gidgegannup Rural Strategy has the subject land as being in the 'Landscape 3' Precinct. The Strategy outlines the objectives for the 'Landscape' Precinct as:
a) To conserve biodiversity and ecological systems and recognise as a significant metropolitan asset that must be prevented from gradual erosion of ecological values and landscape character.
b) To provide regional ecological linkages.
c) To conserve landscape character and visual amenity through retention of natural topography, remnant vegetation, location and design of buildings and types of land uses.
d) To minimise risks to life and property.
e) To provide for low impact land uses and development (such as agriculture, tourism and recreational activities) that are compatible with environmental and landscape values.
With regard to subdivision of the 'Landscape 3' Precinct, the Strategy prescribes a minimum of 20 hectares per lot and should be accompanied by a Fire Management Plan, in accordance with the WAPC's Planning for Bush Fire Protection.
Gidgegannup/Brigadoon Place Plan
It is worth noting that one of the outcomes from the Gidgegannup/Brigadoon Place Plan was that the 'Landscape Precincts' should only cater for limited population growth given the risk from bush fire hazard. The Plan went on to recommend that for the Gidgegannup Rural Strategy's 'Landscape 3 Precinct', the minimum lot size be amended from what is currently 20 hectares to a minimum of 40 hectares.
Although this recommendation may have merit, it should be noted that as the Gidgegannup/Brigadoon Place Plan is not a statutory document, the provisions of the Gidgegannup Rural Strategy must prevail which has a minimum lot size of 20 hectares.
Access
Cul-de-sac Access
The Structure Plan area is serviced by a 2km (approx) long 'cul-de-sac', with 11 of the lots fronting this access way (excludes Lots 1, 2 and 14).
The land in question is situated in an area of moderate to high bushfire hazard, with both the Gidgegannup Rural Strategy and the Gidgegannup/Brigadoon Place Plan requiring that consideration be given to bush fire protection, with the Gidgegannup Rural Strategy in turn referencing the WAPC's Planning for Bush Fire Protection (PFBFP) as being the City's adopted fire management model.
The PFBFP states that in bush fire prone areas, culs-de-sac are not encouraged and that they should not exceed 200 metres in length. The PFBFP outlines that a cul-de- sac could be increased up to 600m in length if it services no more than 8 lots and has an emergency access. This concern was also identified by the (former) Department of Planning and Infrastructure in their submission to the City regarding the Structure Plan.
In response to this requirement, the applicant has incorporated within the Structure Plan an additional emergency access way, resulting in a total of two such emergency access ways to the north and south of the structure Plan area, offering alternative public exits for people in the event of a fire. These emergency access ways are located to the north and south of the Structure Plan area, the northern passing over Lots 1 and 2, with the southern passing over Lots 10, 11, 12, 13 and 14.
These emergency access ways will be created by the applicant with their ongoing maintenance to be the responsibility of all the future landowners and in order for these
access ways to fulfil their purpose, they must remain open (i.e. no gates) at all times in a publicly accessible and trafficable condition.
The City's solicitors are currently preparing a legal agreement between the City and the applicant, ensuring the creation of these access legs and that appropriate Section 70A Notifications are lodged against the resulting properties Titles, informing all future landowners of their responsibilities. The Structure Plan is annotated accordingly.
Driveways
Following on from access via the 'cul-de-sac', the PFBFP also requires design features for driveways that are greater than 540 metres in length and for driveways that are greater than 200 metres in length, that passing bays are incorporated within their design.
Given that all but one of the building envelopes is greater than 50 metres from the road reserve and that they are longer than 200 metres in length, the applicant has incorporated appropriate provisions within a Fire Management Plan for the Structure Plan area.
Connectivity
It is at this point worthwhile addressing a matter that was raised during the public consultation of the proposed Structure Plan, namely designing the road networks so as to enable connectivity with the adjoining sites to north and south at a future date.
The applicant has indicated that this connection is not possible due to the steep topography found onsite, indicating that the City's specification allow a maximum gradient of 12% for up to a maximum length of 150 metres in length. Based on the site's topography, grades to the north would be in the order of between 13% and 21%, while to the south of between 15% and 30%.
This position has been confirmed by the City's Engineer Services.
Fire Management
As indicated above, in accordance with the City's Gidgegannup Rural Strategy, a Fire Management Plan (FMP) has been prepared by a fire planning consultant commissioned by the applicant and submitted to the City.
The FMP has followed the model outlined in the PFBFP and describes the site's bushfire hazard risks, along with specifications for the road system, dwelling standards and their protection zones, hazards separation and reduction, driveway specifications and fire fighting facilities.
While this will be reinforced by way of the abovementioned legal agreement and Section 70A Notifications, the FMP also reiterates the developer's and landowner's responsibilities regarding fire management of the site.
Flora and Fauna
The applicant commissioned 360 Environmental Pty Ltd to undertake a flora, fauna and land capability assessment of the site. The assessment was undertaken in August 2008.
With regard to flora, the assessment indicated that there was no Declared Rare or Priority flora occurring on the site however the Department of the Environment, Water, Heritage and the Arts (DEWHA) datasets indicate that three species of flora listed are either vulnerable or endangered under the EPBC Act 1999 (Cth) may occur in the area.
The assessment also acknowledged that due to the relatively undisturbed nature of the western portion of the site, the presence of significant flora could not be discounted and any clearing of native vegetation will require further development approval, in accordance with the Environmental Protection Act 1986.
Regarding significant fauna, the assessment concluded that due to the vegetation on the land providing a suitable habitat, there was the likelihood that a number of significant cockatoo species may be present and that these species were protected under the EPBC Act 1999.
Comments received from the Department of Planning, the DEC and appropriate City officers have accepted the assessment's findings, with a recommendation that a Spring Flora and Fauna Survey be undertaken over any areas identified for clearing.
Appropriate text is incorporated on the proposed Structure Plan.
It should be noted that should any of the protected cockatoo species be found on the site, referral to the Commonwealth's DEWHA would be required under Commonwealth legislation. This legislation does place the full responsibility onto the applicant to duly inform the DEWHA and is outside the jurisdiction of the local authority.
Onsite Effluent Disposal
The above-mentioned flora, fauna and land capability assessment of the site likewise examined the site with regard to the suitability of the land for onsite effluent disposal.
The assessment identified six distinct soil types, each with their own characteristics.
Of these six soil types, only two were found to be unsuitable for onsite effluent disposal, with the building envelopes then located accordingly, so as not coincide with these two soil types.
Additionally, no onsite effluent disposal systems can be located within 30 metres of any existing water course in the Structure Plan area.
Vegetation Clearing
In order to minimise any native vegetation removal, the Structure Plan has been annotated to stipulate that for Lots 6, 7, 8 and 9, being lots that are heavily vegetated, that fencing can only extend within 250m from the road reserve.
Likewise with building envelopes, with the exception of Lot 7, these have been positioned in areas where minimal, if any, vegetation removal is required.
It should be noted that the Structure Plan would not override any approvals required under the Environmental Protection Act 1986, with the obligation resting with the applicant/developer to ensure compliance with this legislation, including obtaining any necessary permits/approvals for native vegetation removal.
Swan River and Tributaries Catchment
As the area falls within the Swan River and Tributaries catchment Area, the provisions of the Rights in Water and Irrigation Act 1914 are applicable, with the Department of Water's advice recommended to be annotated onto the Structure Plan, thereby informing current and future proponents of their obligation under this legislation.
Applicant's Response to Submissions
Excluding the issues that have been discussed above, a number of concerns were raised during the public consultation process, with the applicant offering the following comment:
Protection of Watercourses
A 30 metre setback to all existing water courses is proposed, supported by the project environmental consultant. All future septic tanks are proposed to be located outside the 30 metre buffers associated with existing water courses.
Retention of Dams
The dams that exist on the site are to be retained as they are proposed under the Fire Management Plan to be used as an alternative water supply to each lot's 120000L water tank. Furthermore the dams have an amenity value for the site/subdivision and should be retained.
Service Provision
Regarding essential services, the provision and specifications of these services will be determined by the relevant authorities at the time of subdivision. The proposed Structure Plan has been referred to a number of these authorities with response of no objection.
Bridle Trails
Bridle trails are common to rural residential subdivision where horses have less room to exercise (i.e. 2-4ha). The proposed minimum lots size of 20ha allows sufficient room for horses to exercise.
OPTIONS AND IMPLICATIONS
Option 1: That Council defer adopting the proposed Structure Plan subject to the appropriate legal agreement being finalised, at which time authority is delegated to the Principal Planner to adopt the Structure Plan when the legal agreement is finalised. This is the preferred option.
Implications: The Western Australian Planning Commission will be advised of the Council's decision and will determine whether to endorse the Structure Plan to allow future subdivision.
Option 2: The Council may resolve not to adopt the proposed Structure Plan, finding it to be contrary to orderly and proper planning. This is not the preferred option.
Implications: A right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005 and the applicant may exercise this right.
CONCLUSION
The City has received an application for a Structure Plan to be located on Lot 232 Reen Road, Gidgegannup. The Structure Plan will allow the property to be subdivided into 14 rural-residential style lots, with building envelopes restricting development to certain areas.
The primary matter for consideration is considered to be that of bush fire risk management, particularly given that the Structure Plan is proposing only one 'cul-de- sac' access leg, it being of considerable length, supported by two emergency access ways.
Advice received from the City's Fire Services is that while a 'cul-de-sac' of this length is not a preferred option, with the inclusion of the two emergency access ways and the accompanying Fire Management Plan, the Structure Plan will meet the fire protection criteria.
The applicant has agreed to enter into a legal agreement with the City to ensure the creation of these emergency access ways as well as specifying the responsibility for maintenance. Appropriate Section 70A Notifications will be lodged against the resulting property Titles, informing all future landowners of their responsibilities regarding fire management.
Regarding the protection of native vegetation and watercourses, as a result of the public consultation process, the applicant has subsequently modified the Structure Plan, repositioning a number of building envelopes so as to either coincide with existing structures in areas with little or no vegetation, or in areas clear of the water course buffers. The exception to this is Lot 7 where some vegetation removal was unavoidable.
A 'Spring Flora and Fauna Survey' is required to be undertaken prior to subdivision, and should any rare or endangered species be found, State and Federal legislation will require the applicant to inform and consult with the appropriate authorities.
The proposal is largely consistent with the provisions of Local Planning Scheme 17 and the Gidgegannup Rural Strategy. It is therefore recommended that the Structure Plan be supported.
ATTACHMENTS
• Site Plan
• Structure Plan
STRATEGIC IMPLICATIONS
Gidgegannup/Brigadoon Place Plan (Council Endorsed).
STATUTORY ENVIRONMENT
Local Planning Scheme No.17FINANCIAL IMPLICATIONS
NilRECOMMENDATION
That the Council resolve:1) To defer adopting the proposed Structure Plan at Lot 232 Reen Road, Gidgegannup, pending the applicant entering into a legal agreement with the City in relation to the creation and maintenance of fire access routes over the subject land and to register a Notification under Section 70A of the Transfer of Land Act 1893 against the Certificate of Title of Lot 232 Reen Road, Gidgegannup notifying all owners and prospective purchasers of that land that the land is subject to the provisions of 'Lot 232 Reen Road Structure Plan' (City of Swan Ref: SP009) and all annotation contained therein.
2) That subject to the provision of such a legal agreement to the satisfaction of City staff, Council delegate to the Principal Planner authority to adopt the Structure Plan at Lot 232 Reen Road, Gidgegannup subject to the follow:
a) The Structure Plan is to be annotated with the following advice note:
“The proposed development is located within the Swan River and Tributaries Catchment area which is proclaimed under the Rights in Water and Irrigation Act (1914). A permit will be required to interfere with or obstruct the beds and banks of a watercourse. Any proponent should contact the Department of Water's Swan Avon Region office for advice on water management options.”
3) Upon receipt of the amended Structure Plan incorporating the abovementioned changes, the Principal Planner be delegated the authority to approve the modified Structure Plan accordingly and forward it to the WAPC for their consideration and approval.
4) Advise the applicant and those who made a submission of Council's decision accordingly.
