4.3 PROPOSED AMENDMENT NO.198 TO LOCAL PLANNING SCHEME NO.17 - TO REZONE 14 PROPERTIES IN HAZELMERE TO 'GENERAL INDUSTRIAL' WITH A 'RESTRICTED USE' AND 'LOCAL ROAD' AS A RESULT OF
APPROVED METROPOLITAN REGION SCHEME AMENDMENT NO.1328/57 (LPS17-198)
Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• In December 2020 approved Metropolitan Region Scheme (MRS) Amendment No.1328/57 came into effect, which rezoned various Hazelmere properties north of Talbot Road from 'Rural' to 'Industrial' in the MRS.
• This decision has resulted in inconsistencies between the MRS and the City's Local Planning Scheme No.17 (LPS17) maps that Council is obliged to take steps to address by initiating a scheme amendment.
• Proposed Amendment No.198 to LPS17 seeks to:
o Rezone the 12 subject lots from 'General Rural' to 'General Industrial' and apply a 'Restricted Use' over this land to limit its development potential unless connected to sewer.
o Apply a 'Local Road' reserve to the approx. 0.3ha of additional land required to recognise and protect planned upgrades to the intersection of Talbot Road and Stirling Crescent. This change involves parts of four (4) lots, including two (2) lots located south of Talbot Road and outside of the MRS Amendment No.1328/57 area.
o Delete four (4) 'Additional Use' entries as they will be made redundant by the proposed 'General Industrial' zone.
• Amending LPS17 in this way is recommended as:
o It addresses Council's statutory obligation by resolving the inconsistencies created by MRS Amendment No.1328/57.
o The 'General Industrial' zone and 'Restricted Use No.14' overlay are fit for purpose and will result in one (1) consistent regulatory framework with what already exists on other lands in Precinct No.7 of the Hazelmere Enterprise Area Structure Plan (HEASP).
o Applying a 'Local Road' reserve recognises that additional land is required to deliver strategically important transport infrastructure.
• Council's decision will allow Amendment No.198 to proceed to the next steps, which will include advertising the proposal to the public and reporting on the comments received.
It is recommended that the Council support the initiation of Amendment No.198 to Local Planning Scheme No.17 to rezone the subject land to mostly 'General Industrial' with the 'Restricted Use No.14' overlay and part 'Local Road'.
AUTHORITY/DISCRETION
Section 75 of the Planning and Development Act 2005 allows a local government authority to amend its local planning scheme with the approval of the Minister for Planning.
Under s.124 of the Planning and Development Act 2005, if a region planning scheme is amended and is inconsistent with a local planning scheme, the local government is required to initiate an amendment to the local planning scheme to remove any inconsistency with a region planning scheme.
Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015 requires a resolution of a local government to adopt an amendment to a local planning scheme which must specify if the amendment is a ‘basic amendment’, ‘standard amendment’ or ‘complex amendment’. Its classification is specified in the staff recommendation and is discussed in the body of this report
BACKGROUND Properties (14)
(west to east): Portion of Lot 801 Lloyd Street, Hazelmere Portion of Lot 21 Talbot Road, Hazelmere Lot 22 Talbot Road, Hazelmere
Lot 141 Talbot Road, Hazelmere Lot 5001 Talbot Road, Hazelmere
Portion of Lot 20 (No.200) Stirling Crescent, Hazelmere Lot 1 (No.196) Stirling Crescent, Hazelmere
Lot 2 Stirling Crescent, Hazelmere Lot 144 (No.95) Talbot Road, Hazelmere Portion of Lot 145 Talbot Road, Hazelmere Portion of Lot 7 Talbot Road, Hazelmere Portion of Lot 147 Talbot Road, Hazelmere
Portion of Lot 155 (No.390) Stirling Crescent, Hazelmere - this land is only the subject of proposed local road widening south of Talbot Road
Portion of Lot 5 (No.391) Stirling Crescent, Hazelmere - this land is only the subject of proposed local road widening south of Talbot Road
Owners:
Subject Area:
Existing Uses:
Surrounding Uses:
Commissioner of Main Roads - Lot 801
Talbot Road Pty Ltd - Lots 21, 22, 141 & 5001 Automotive Properties Pty Ltd - Lots 200, 196 & 145 STS Investments - Lot 2
G and G Corp Pty Ltd - Lot 144 Georgiou Capital Pty Ltd - Lot 7 I Di Giuseppe - Lot 147
FMR Investments - Lot 155
G and M Candeloro Nominees Pty Ltd - Lot 5 Approx. 38ha (combined)
Freehold land comprises of a variety of uses ranging from various dry-industry uses to cleared rural paddocks
North of the site is the Great Eastern Highway Bypass.
North-east of the site is a pocket of bushland designated 'Bush Forever'. East of the site is the Roe Highway. South of the site is Talbot Road. Further south of Talbot Road is charactered by logistic, warehouses, transport depots and other industrial developments with some pockets of under-developed rural lands. West of the site is Abernethy Road of which no direct access is permitted to this road (the same restrictions apply to the Great Eastern Highway Bypass and Roe Highway)
Zoning: LPS17 - 'General Rural' - Additionally - multiple lands have the 'Additional Use' rights recognised in the Scheme.
These are identified in the body of this report MRS - 'Industrial' (previously 'Rural')
Strategy/Policy: Hazelmere Enterprise Area Structure Plan
SITE HISTORY
Approved MRS Amendment No.1328/57
On 22 December 2020 MRS Amendment No.1328/57 came into law in the MRS. This rezoned the majority of 12 properties in Hazelmere and part of the Stirling Crescent road reserve from 'Rural' to 'Industrial'.
Through this decision the Western Australian Planning Commission (WAPC) establishes that it is satisfied that prior access concerns (no alternative heavy vehicle access route for industrial traffic when Stirling Crescent's access to the Great Eastern Highway Bypass is removed) have been sufficiently progressed and believes there are appropriate arrangements in place to "secure" the alternative route (extension of Adelaide Street to Abernethy Road). "Secure" references the progression of negotiations between the State and Perth Airport to secure the land from the Commonwealth for public access and the City's Hazelmere Industrial Area Specified Area Rate to partly fund the upgrade and construction of Adelaide Street from Stirling Crescent to Abernethy Road.
Note that MRS Amendment No.1328/57 did leave the 'Rural' zone in effect on parts of two (2) lots - the vegetated portions of Lot 20 (No.200) Stirling Crescent and a tiny northern portion of Lot 145 Talbot Road, Hazelmere. This bushland was left 'Rural' as it is designated 'Bush Forever' in the MRS and its omission makes it clear to all that this land should be used and purposed differently.
Implications for Local Planning Scheme No.17 (LPS17)
The gazettal of MRS Amendment No.1328/57 now requires the Council to consider initiating an amendment to LPS17 where the new MRS zones have created inconsistencies between the MRS and LPS17.
Council does need to consider initiating an amendment to LPS17 for the freehold lots that were rezoned from 'Rural' to 'Industrial' in the MRS. This is because the current 'General Rural' regulations are at odds with the objectives of the new 'Industrial' zone.
This is the subject of this report.
Council is not obliged to consider initiating an amendment to LPS17 for the two (2) portions of land that were left 'Rural' in the MRS because the zoning wasn’t changed.
Notwithstanding it is reported on so that Council can consider the suitability of leaving the current 'General Rural' zone in place. This is discussed within this report.
Council does not need to consider initiating an amendment to LPS17 for the Stirling Crescent road reserve that was rezoned from 'Rural' to 'Industrial' in the MRS (approx.
0.8ha) as it is already depicted as 'Local Road' reserve in the LPS17 maps and achieves conformity with the MRS. This is not the subject of this report.
DETAILS
Proposed Scheme Amendment No.198 involves 14 properties in Hazelmere located west of Roe Highway, south of Great Eastern Highway Bypass and Bush Forever site, east of Abernethy Road and predominately north of Talbot Road. It seeks to:
• Address Council's statutory obligations for conformity with a region scheme by updating LPS17 to resolve the inconsistency created as a result of MRS Amendment No.1328/57 approving the 'Industrial' zone over 12 properties in Hazelmere.
• Secure land from parts of four (4) properties for the needed widening of the intersection of Talbot Road and Stirling Crescent. Note that two (2) of the four (4) properties are outside of the approved MRS Amendment No.1328/57 area and are located south of Talbot Road.
• Review if it is necessary to keep or delete any/all 'Additional Use' entries that apply within the subject area.
Council's consideration is required because the only way to resolve an inconsistency between the MRS and LPS17 is through a scheme amendment.
It is recommended that the LPS17 maps and text be updated in the following ways:
• For approx. 36.5ha of freehold land that was made 'Industrial' in the MRS - rezone this land from 'General Rural' to 'General Industrial' and overlay this same land with 'Restricted Use No.14' (RU14) to limit activities to dry industry unless connected to sewer;
• Apply a 'Local Road' reserve to the approx. 0.3ha of additional land required to recognise and protect planned upgrades to the intersection of Stirling Crescent and Talbot Road; and
• Delete four (4) 'Additional Use' entries (AU45, AU91, AU104 and AU107) as they will be made redundant by the proposed 'General Industrial' zone.
The following headings address the merits of the proposed changes in detail. The recommended scheme provisions are addressed in the staff recommendation.
Suitability of the 'General Industrial' zone with a 'Restricted Use' overlay
Collectively the 'General Industrial' zone and 'Restricted Use No.14' (RU14) are considered the most appropriate regulations to apply to the 'Industrial' portion of the site (approx. 36.5ha) for the following reasons:
• The 'General Industrial' zone is fit-for-purpose as its objectives and land use permissibility's enable a wide range of industrial uses;
• The 'Restricted Use' overlay recognises the subject lands face the same waste- water servicing constraints as other 'General Industrial' zoned lands in Hazelmere and therefore it is acceptable to apply the same restrictions. This will regulate the development potential of the land to that of dry industry unless connected to sewer; and
• This outcome is consistent with the Hazelmere Enterprise Area Structure Plan (HEASP) recommendations for this land and will result in the same regulations applying to this land as those that have been accepted elsewhere within the HEASP Precinct No.7, south of Talbot Road.
Staff do find it necessary to add a new condition into Restricted Use No.14 and this is reflected in the staff recommendation as Proposed Condition No.11.
Proposed Condition No.11 is to ensure development does not create an adverse impact with the Bush Forever site (north of the rezoning area) via the submission of an Environmental Management Plan. The need for this condition was first accepted by Council in its 29 July 2020 decision to modify and support Scheme Amendment No.175, which is one of the Additional Uses (AU107) that this proposal will delete. It is appropriate to carry over this condition as other rezoning properties adjoin the same Bush Forever site (not just the three (3) properties within the Scheme Amendment No.175 area) and will ensure that rubbish, weeds, access and stormwater is appropriately managed.
Suitability of the proposed 'Local Road' reservation
Stirling Crescent and Talbot Road is the principal route for large vehicles to access the subject rezoning area. Crucial for the success of this route is the need to ensure that large vehicles can safely turn at the intersection of Stirling Crescent and Talbot Road.
This intersection abuts the subject rezoning area so it is relevant for Amendment No.198 to consider if additional land needs to be set aside.
The City has been leading the design of Stirling Crescent and its intersections with Talbot Road and Adelaide Street. The latest designs identify that this work cannot be fully accommodated within the existing Stirling Crescent/Talbot Road road reserves and requires portions of the following lots to be set aside:
• Part of Lot 5001 Talbot Road, Hazelmere - 1852m2 (approx. 3.66%);
• Part of Lot 2 Stirling Cresent, Hazelmere - 955m2 (approx. 3.17%);
• Part of Lot 155 Stirling Cresent, Hazelmere - 31m2 (approx. 0.06%); and
• Part of Lot 5 Stirling Crescent, Hazelmere - 204m2 (approx. 0.66%).
To recognise and protect this strategically critical transport infrastructure it is recommended that Amendment No.198 apply a 'Local Road' zoning to the additional land requirement area –approx. 0.3053ha combined. This is appropriate because:
• 'Local Road' is the best available option to specify that this land is required for road widening purposes. This will provide certainty to all as to what the future intent of this land is, based on the latest designs; and
• It represents Council being proactive and taking steps to secure those additional lands needed for road widening purposes.
Suitability of Deleting Additional Use No.45
Local Planning Scheme No.17 currently affords Lot 2 Stirling Crescent, Hazelmere the right to apply for 'Truck Sales' as a permissible ('P') use within an approx. 1500m2 area of the site, which has been used for these purposes. The relevant textual provisions are repeated below and note that Condition No.2 limits the sale of vehicles to those that are repaired and reconditioned on site.
No. Description
of Land Additional
Use Conditions
45 Lot 2 on D44255 (No.
2) Stirling Crescent Hazelmere
“P”
− Truck Sales
1. The additional use of “Truck Sales” is restricted to 1500m2 as indicated on the Scheme Map.
2. Vehicles offered for sale to be those repaired and reconditioned on site
Staff recommend that Additional Use No.45 be deleted because the uses it provides for - a limited 'Motor Vehicle, Boat and Caravan Sales' ancillary to the primary use of the land - are approvable in 'General Industrial' zone and can be entertained outside of the Additional Use's boundaries (1,500m2). With this entry made redundant by the 'General Industrial' zone there is no benefit in keeping it.
The deletion of Additional Use No.45 is reflected in the staff recommendation.
Suitability of Deleting Additional Use No.91
Since approved Scheme Amendment No.152 came into effect on 6 August 2013 the scheme has afforded Lot 7 Talbot Road, Hazelmere the right to apply for 'Concrete Batching Plant' and 'Transport Depot' as discretionary uses on this land. The relevant textual provisions are repeated below and note that Condition No.1 has been satisfied with development approvals first issued for a transport depot in 2012 (City Ref: DA613- 11) and then a concrete batching plant in 2015 (City Ref: DA938-14).
No. Description
of Land Additional
Use Conditions
91 Lot 7 on D40987 Talbot Road, Hazelmere
“D”
− Concrete Batching Plant;
− Transport Depot
1. Subject to development approval.
Staff recommend Additional Use No.91 be deleted because this entry is made redundant by the proposed 'General Industrial' zone, where concrete batching ('Industry - General') and 'Transport Depot' are approvable uses.
The deletion of Additional Use No.91 is reflected in the staff recommendation.
Suitability of Deleting Additional Use No.104
Since approved Scheme Amendment No.152 came into effect on 25 September 2018 the scheme has afforded Lot 144 (No.95) Stirling Crescent, Hazelmere the right to apply for 'Industry - General' as a discretionary ('D') use with conditions. The relevant textual provisions are repeated below for the reader's benefit:
No. Description
of Land Additional
Use Conditions
104 Lot 144 on Plan 4553, Talbot Road, Hazelmere
“D”
- Industry - General
1. Unless the development on the site is connected to reticulated sewer - a. development is restricted to 'dry
industry' whereby any development application must demonstrate that the quality and volume of effluent to be disposed onsite can be successfully disposed of without adverse environmental or health effects, using effluent disposal systems; and
b. development shall be restricted to the type which is predicted to generate and/or generate waste water intended for disposal onsite at a daily volume not exceeding 540 litres per 2000m2 of site area.
2. A Wastewater Management Plan shall be submitted with each development
application to demonstrate that
Condition No.1 can be achieved to the satisfaction of the Local Government.
3. Connection to an Aerobic Treatment Unit (ATU) or Nutrient Effluent Disposal System may be permitted where
acceptable groundwater depths exist
and subject to the approval by the Local Government and Health Department of Western Australia.
4. Discretion to approve a Development Application for 'Industry-General' shall only arise upon the prior extinguishment (by legal agreement) of the 'Industry- General' use at Lot 501 Adelaide Street, Hazelmere.
Staff recommend Additional Use No.91 be deleted because:
• This entry is made redundant by the proposed 'General Industrial' zone, which will make 'Industry - General' an approvable use without needing a specific Additional Use entry.
• Condition No.4 of this Additional Use (relocation of an existing use) has already been satisfied when a development approval was first issued in 2019 for a recycling recovery facility (City Ref: DA530-18). The City's interests are also secured through a separate legal covenant.
The deletion of Additional Use No.91 is reflected in the staff recommendation.
Suitability of Deleting the Additional Use the subject of Amendment No.175 At the time of writing this Report the Minister for Planning has required minor administrative modifications to Scheme Amendment No.175 but once gazetted it will afford part of Lot 20 Stirling Crescent, Lot 1 Stirling Crescent and part of Lot 145 Talbot Road the same land use rights provided by the 'General Industrial' zone with conditions restricting development to dry industry. The relevant textual provisions are repeated below for the reader's benefit:
No. Description
of Land Additional
Use Conditions
TBA (107) Portion of Lot 20 (on Diagram 79083) Stirling Crescent, Hazelmere;
Lot 1 (on Diagram 44255) Stirling Crescent, Hazelmere;
Portion of Lot 145 (on Plan 4553) Talbot Road, Hazelmere
The Use Classes listed in the Zoning Table against the 'General Industrial' zone and cross referenced with the symbols of 'P', 'D' and 'A'.
1. Unless the development on the site is connected to reticulated sewer -
• development is restricted to 'dry industry' whereby any development application must demonstrate that the quality and volume of effluent to be disposed onsite can be successfully disposed of without adverse environmental or health effects, using effluent disposal systems; and
• development shall be restricted to the type which is predicted to generate and/or generate waste water intended for disposal onsite at a daily volume not exceeding 540 litres per 2000m2 of site area.
2. A Wastewater Management Plan shall be submitted with each development
application to demonstrate that
Condition No.1 can be achieved to the
satisfaction of the Local Government.
3. Connection to an Aerobic Treatment Unit (ATU) or Nutrient Effluent Disposal System may be permitted where
acceptable qroundwater depths exist and subject to the approval by the Local Government and Health Department of Western Australia.
4. An Environmental Management Plan shall be submitted with each
development application to demonstrate that impacts to Bush Forever are
avoided to the satisfaction of the Department of Biodiversity, Conservation and Attractions.
This Additional Use entry will serve a purpose up until this Scheme Amendment No.198 is approved as it allows uses not currently permitted in the 'General Rural' zone.
However once this Scheme Amendment (No.198) is approved there is no need to keep this entry. This is because this Additional Use entry simply allows uses as per what is permissible in the 'General Industrial' zone and the requirement for an Environmental Management Plan (Condition No.4 above) will be transferred into Restricted Use No.14.
The deletion of Additional Use No.91 is reflected in the staff recommendation.
Suitability of leaving Bush Forever designated land zoned 'General Rural'
It is considered appropriate to keep the 'General Rural' over land that remained 'Rural' in the MRS for the following reasons:
• The 'General Rural' regulations are compatible with the MRS 'Rural' zone;
• By not changing the zoning of this land it doesn’t result in any new use rights or development opportunities; and
• Regardless of what local zones apply to this land - the environmental value of this bushland is protected by its 'Bush Forever' designation in the MRS, which requires all planning applications to be approved by the WAPC. This control overrides what is set out in our local planning scheme. In this respect the current 'General Rural' zone is considered up-to-task.
Classification of Scheme Amendment No.198
Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015 requires the Council to specify if it considers the proposal to be a ‘basic amendment’, ‘standard amendment’ or ‘complex amendment’.
Amendment No.198 is considered to be a ‘standard amendment’ as it is to make the local planning scheme consistent with a region scheme but is not considered a 'basic amendment' because the proposed zoning changes and local road reserve are considered to have more than a minimal effect on landowners and the local planning scheme.
The ‘standard amendment’ process entails public consultation following the receipt of comment and advice from the Environmental Protection Authority.
OPTIONS AND IMPLICATIONS
Option 1: That Council may resolve to support and initiate Amendment No.198 to Local Planning Scheme No.17.
Implications: The initiation of this amendment will allow advertising, prior to the proposal being presented back to Council for final consideration. The progression of this amendment addresses Council's legislative obligation to bring the Local Planning Scheme into compliance with the Metropolitan Region Scheme.
This is the recommended option.
Option 2: That Council may resolve to not support Amendment No.198 to Local Planning Scheme No.17, advising that it will postpone any further consideration of a local planning scheme amendment until a formal application is submitted by or on behalf of the landowner.
Implications: After 90 days from the date at which the Metropolitan Region Scheme was changed the City will be in breach of section 124 of the Planning and Development Act 2005. Under section 76 of the Planning and Development Act 2005 the Minister may order the City to amend its scheme.
This is not the recommended option.
CONCLUSION
The initiation of Scheme Amendment No.198 will meet Council's obligations under s.124 of the Planning and Development Act 2005 by bringing the Local Planning Scheme into compliance with the Metropolitan Region Scheme.
The proposed extension of the 'General Industrial' zone with a 'Restricted Use' is fit for purpose and will provide a consistent regulatory framework for MRS 'Industrial' zoned lands within Precinct No.7 of the Hazelmere Enterprise Area Structure Plan. Updating the scheme to clearly identify the widening of the intersection of Talbot Road and Adelaide Street will provide certainty to all as to what the future intent of this land is, based on the latest designs.
If supported as a 'standard amendment' it will be advertised, enabling the affected landowners, neighbours and relevant agencies the opportunity to provide comment before the matter is re-presented to Council for a decision.
ATTACHMENTS Location Map
Approved Metropolitan Region Scheme Amendment No.1328/57 Map Existing Restricted Use No.14 provisions for comparison purposes Detailed plans showing the road widening proposal
Amendment No.198 Rezoning Map
STRATEGIC IMPLICATIONS
The Hazelmere Enterprise Area Structure Plan identifies this land for industrial uses and Scheme Amendment No.198 is compliant with the strategic intent for this land.
STATUTORY IMPLICATIONS Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015 Local Planning Scheme No.17
FINANCIAL IMPLICATIONS Nil.
VOTING REQUIREMENTS Simple majority
RECOMMENDATION That the Council resolve to:
1) Support and initiate Amendment No.198 to Local Planning Scheme No.17 to:
a. Rezone the following lots from 'General Rural' to a 'General Industrial' zone with the 'Restricted Use No.14' annotation:
Portion of Lot 801 Lloyd Street, Hazelmere; portion of Lot 21 Talbot Road, Hazelmere; Lot 22 Talbot Road, Hazelmere; Lot 141 Talbot Road, Hazelmere; portion of Lot 5001 Talbot Road, Hazelmere; portion of Lot 20 (No.200) Stirling Crescent, Hazelmere; Lot 1 (No.196) Stirling Crescent, Hazelmere; portion of Lot 2 Stirling Crescent, Hazelmere; Lot 144 (No.95) Talbot Road, Hazelmere; portion of Lot 145 Talbot Road, Hazelmere; portion of Lot 7 Talbot Road, Hazelmere, and Lot 147 Talbot Road, Hazelmere.
b. Reclassify a portion of Lot 5001 Talbot Road, Hazelmere and a portion Lot 2 Stirling Crescent, Hazelmere from 'General Rural' to local reserve 'Local Road'.
c. Reclassify a portion of Lot 155 Stirling Crescent, Hazelmere and a portion of Lot 5 Stirling Crescent, Hazelmere from 'General Industrial' and 'Restricted Use No.14' to local reserve 'Local Road'.
d. Modify the Scheme Maps and Scheme Text to delete the 'Additional Use No.45' (AU45) annotation from part of Lot 2 Stirling Crescent, Hazelmere and delete its entry from Schedule 2 - Additional Uses.
e. Modify the Scheme Maps and Scheme Text to delete the 'Additional Use No.91' (AU91) annotation from Lot 7 Talbot Road, Hazelmere and delete its entry from Schedule 2 - Additional Uses.
f. Modify the Scheme Maps and Scheme Text to delete the 'Additional Use No.104' (AU104) annotation from Lot 144 Talbot Road, Hazelmere and delete its entry from Schedule 2 - Additional Uses.
g. Modify the Scheme Maps and Scheme Text to delete the 'Additional Use No.107' (AU107) annotation from part of Lot 20 (No.200) Stirling Crescent, Hazelmere, Lot 1 (No.196) Stirling Crescent, Hazelmere, and part of Lot 145 Talbot Road, Hazelmere, and delete its entry from Schedule 2 - Additional Uses.
h. Replace the existing entry of 'Restricted Use No.14' in Schedule 3 - Restricted Uses with the following:
No. Description
of Land Restricted Use Conditions 14 Lot 155 on
P4553 and Lot 5 on Diagram 27196 Stirling Crescent,
The Use Classes listed in the Zoning Table against the
‘General
Industrial’ Zone and cross referenced with
1. Unless development on the site is connected to
reticulated sewer—
(a) development is restricted to ‘dry industry’ whereby any development
Hazelmere Lot 4 on Diagram 27196, Lot 153 on Plan 4553, Lot 152 on Plan 4553 and Lot 11 on
Diagram 52977 Talbot Road,
Hazelmere Portion of Lot 801 on Dep Plan 404599
Lloyd Street;
Portion of Lot 21 on Dep Plan 73040 Talbot Road;
Lot 22 on Dep Plan 73040 Talbot Road;
Lot 141 on Plan 4553 Talbot Road;
Portion of Lot 5001 on Dep Plan 67434 Talbot Road;
Portion of Lot 20 on Diagram 79083 Stirling Crescent;
Lot 1 Diagram 44255 Stirling Crescent;
Portion of Lot 2 on
the symbols of ‘P’,
‘D’, and ‘A’. application must demonstrate that the quality and volume of effluent to be disposed of onsite can be
successfully disposed of, without adverse environmental or health effects, using effluent disposal systems; and (b) development shall be
restricted to the type which is predicted to generate, and/or generate waste water intended for disposal on site at a daily volume not exceeding 540 litres per 2000m2 of site area.
2. A Wastewater Management Plan shall be submitted with each development application to demonstrate that
Condition No.1 can be achieved to the satisfaction of the Local Government.
3. Connection to an Aerobic Treatment Unit (ATU) or Nutrient Effluent Disposal System may be permitted where acceptable
groundwater depths exist and subject to the approval by the Local Government and Health Department of Western Australia.
4. Land use and development should connect to reticulated sewer where available.
5. Subdivision of existing lots into smaller lot sizes shall only be supported if the land is connected to reticulated sewer, or where the subdivision represents a minor lot boundary realignment.
6. A Stormwater Management Plan shall be submitted to the satisfaction of the Local Government with each
Diagram 44255 Stirling Crescent;
Lot 144 on Plan 4553 Talbot Road;
Portion of Lot 145 on Plan 4553 Talbot Road;
Portion of Lot 7 on Dep Plan 40987 Talbot Road, and;
Lot 147 on Plan 4553 Talbot Road, Hazelmere
development application. The Management Plan shall demonstrate that runoff is contained onsite for a 1 year Annual Recurrence Interval (ARI) storm and discharge from lots is limited to a rate of 16L/s/ha through the use of onsite compensation.
7. A Landscape plan shall be submitted with each
development application to demonstrate that any onsite stormwater compensation basin and drainage swale will be landscaped appropriately in accordance with Water Sensitive Urban Design Guidelines to enhance the visual and landscape amenity of the site to the satisfaction of the Local Government.
8. Prior to any subdivision or development proposal, whichever occurs first, a site investigation and remediation report (if required) shall be prepared and implemented with respect to potential soil and ground water
contamination of a site to the satisfaction of the relevant approval agency on advice from the Department of Environmental Regulation.
9. The investigation of ground water levels on a site shall also include consideration for any requirement for future fill and/or subsoil drainage for the proposed development application or subdivision proposal, to the satisfaction of the Local Government.
10. An acid sulphate soils self- assessment form and, if required, an acid sulphate soils report and management plan may be required to be submitted to and approved by the Department of Environmental Regulation with any subdivision or
development application that is likely to impact on
moderate.
11. An Environmental
Management Plan shall be submitted with each
development application on any land that shares a common boundary with, or partially includes a Bush Forever site. The
Environmental Management Plan is to demonstrate that impacts to Bush Forever are avoided to the satisfaction of the Local Government on advice from the Department of Biodiversity, Conservation and Attractions.
2) Inform the Western Australian Planning Commission and the Minister for Planning that the Council considers the proposed amendment a ‘standard amendment’ as it is not considered a 'basic amendment' since the changes proposed will have more than a minimal effect on landowners and on the local planning scheme.
3) Refer the proposed amendment to the Environmental Protection Authority for consent to advertise and once consent is given, commence advertising in accordance with the procedures set out in the Planning and Development (Local Planning Schemes) Regulations 2015 (as amended).
CARRIED EN BLOC
DISCLAIMER: Information shown here on 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
16/02/2021 1:10000
^ƵďũĞĐƚWƌŽƉĞƌƚŝĞƐ
ďĞƌŶĞƚŚLJZŽĂĚ
&ƵƚƵƌĞĐŽŶŶĞĐƚŝŽŶŽĨĚĞůĂŝĚĞ
^ƚƌĞĞƚƚŽďĞƌŶĞƚŚLJZŽĂĚ
^ƚŝƌůŝŶŐƌĞƐĐĞŶƚ 'ƌĞĂƚĂƐƚĞƌŶ,ŝŐŚǁĂLJLJƉĂƐƐ
dĂůďŽƚZŽĂĚ
ZŽĞ,ŝŐŚǁĂLJ ƵƐŚ&ŽƌĞǀĞƌ^ŝƚĞ
!S !S!S
EastGuildford WoodbridgeMidland
GOOS SOUTHGUILDFORD MIDLAND
MAIDA VALE GUILDFORD
BELLEVUE
HELENA VALLEY
PERTH AIRPORT HAZELMERE WOODBRIDGE MIDVALE
HIGH WYCOMBE BUSHMEAD
Metropolitan Region Schem
a Analytics, Department of Planning, Lands and Heritage, Perth WAsupplied by Western Australian Land Information Authority LI 1096-2018-1 Program Manager:
Geospatial Officer:
Examined:
Revised:
Date: 00.511.5
kilometres
Plan Number
3. 2691/ 1 3. 2691/
A. Thomas
A. Power
294.9.1 File number:Plan reference: 833/02
Metropolitan Regi
Sheet 1 of 1 detail plans:
Oracle reference Amendment No.
N
J. Ballarotta
23 September 2020 1328 LegendExcluded from rural zoneand included in industrial zone/57
Friday, 23 October 2020 MRS_2904_v2_APlan3.2691_1 as modified
Version No.2
WAPC / e in the presence of :
__________________________________
__________________________________
__________________________________ - Minister for Planning
__________________________________ d Development Act 2005 on behalf of thestralian Planning Commission
______________________________________y authorised by the Commission section 24 of the
1:25000 sheet 16
1.623
Page 128of 290 Description of Land Restricted useConditions
Lot 155 on P4553 and Lot 5 on Diagram 27196 Stirling Crescent, Hazelmere
Lot 4 on Diagram 27196, Lot 153 on Plan 4553, Lot 152 onPlan 4553 and Lot 11 onDiagram 52977 Talbot Road, Hazelmere
Inserted by Amend. 125 –Gov. Gaz. 10.11.2015 ((HEASPPrecinct 7 "HEA South") The Use Classes listed in the Zoning Table against the ‘General Industrial’ Zone and cross referenced with the symbols of‘P’, ‘D’, and ‘A’. 1.Unlessdevelopment on the site is connected to reticulated sewer—
(a)development is restricted to‘dryindustry’ whereby any developmentapplication must demonstrate thatthe quality and volume of effluentto be disposed on onsite can bsuccessfullydisposed of, withoutadverse environmental or healtheffects, usingeffluent disposasystems; and
(b)development shall be restricted to the type which is predictedto generate, and/or generate waste water intended for disposal on siteat adailyvolume not exceeding540litres per 2000m2 of site area.
2.A Wastewater ManagementPlanshall besubmitted witheachdevelopment application to demonstrate that Condition 1 canbe achieved to the satisfaction the Local Government.
3.Connectionto an AerobiTreatment Unit (ATU) or NutrientEffluent Disposal System may be permittedwhere acceptablegroundwater depths existandsubject to the approval by the LocaGovernment and HealthDepartment of Western Australia.
4.Land use and development shoulconnect to reticulated sewer where available.
5.Subdivisionof existing lots intosmaller lot sizes shall only bsupported if the land is connecteto reticulated sewer, or where thesubdivision represents a minor lotboundary realignment.
6.A Stormwater Management Planshall besubmitted tothsatisfaction of the LocaGovernment with eachdevelopment application. TheManagement Plan shalldemonstrate that runoffcontained onsite for a1 yearAnnualRecurrence Interval (ARstorm and dischargefrom lots limited to a rate of 16L/s/ha throughthe use of onsite compensation.
7.A Landscape plan shall be submitted with each developmenapplication to demonstrate that anyonsite stormwater compensatiobasinand drainage swale will belandscaped appropriatelyaccordancewith Water SensitivUrban DesignGuidelines enhance the visual and landscapeamenityof thesite tothesatisfaction of the LocaGovernment. džŝƐƚŝŶŐZĞƐƚƌŝĐƚĞĚhƐĞEŽ͘ϭϰƉƌŽǀŝƐŝŽŶƐĨŽƌĐŽŵƉĂƌŝƐŽŶƉƵƌƉŽƐĞƐ
Page 129of 290 Description of Land Restricted useConditions
Lot 155 on P4553 and Lot 5 on Diagram 27196 Stirling Crescent, Hazelmere
Lot 4 on Diagram 27196, Lot 153 on Plan 4553, Lot 152 onPlan 4553 and Lot 11 onDiagram 52977 Talbot Road, Hazelmere
Inserted by Amend. 125 –Gov. Gaz. 10.11.2015 ((HEASPPrecinct 7 "HEA South") 8.Prior to anysubdivisiondevelopment proposal, whichevoccurs first, a site investigation remediation report (if required) be prepared and implemented respect to potential soil and grounwater contamination of a site to satisfaction of the relevant approvagencyon advice fromDepartment of EnvironmeRegulation. 9.The investigation of ground wlevels on a site shall also inclconsideration for any requirement future fill and/or subsoil drainage the proposed developmeapplicationor subdivision proposto the satisfaction of theGovernment.
10.An acid sulphate soilsassessment form and, if required, acid sulphate soils report management plan may be requireto be submitted to and approved the DepartmentofEnvironmeRegulationwith anysubdivisiondevelopment application that is to impact on moderate or high acid sulphate soils.
Portion of Lot 117 on Plan 4553 Lakes Road;
Portion of Lot 118 on Plan 4553 Lakes Road;
Lot 119 on Plan 4553 Lakes Road
Portion of Lot 50 on Plan7475 Lakes Road Hazelmere
Inserted by Amend. 86 –Gov. Gaz. 28.07.2017 ((HEASPPrecinct 3A and Precinct 3B 'HEA Buffer Area')
Portion of Lot 1 on Diagram 98336 Vale Road, Hazelmere
Inserted by Amend. 181 -Gov. Gaz. 20.11.20 The Use Classes listed in the Zoning Table against the 'Light Industrial' Zone and crossreferenced with symbols of 'P' 'D'and 'A' 1.Unless development on the site is connected to a reticulated sewer -
a.Development is restricted to 'dindustry' whereby anydevelopment application must demonstrate that the quality avolume of effluent to be dispoofonsite can be successfullydisposed of, without adverseenvironmental or health effectusing effluent disposal systemand
b.Development shall be restrictethe type which is predicted togenerate, and/or generate wwater intended for disposal on at a daily volume not exceedin540 litres per 2000m 2of site ar2.A Wastewater Management Plabe submitted with each developmenapplication to demonstrate that Condition 1 can be achieved to the satisfaction of local government. 1.Unless development on the site is connected to a reticulated sewer
a.Development is restricted to 'dindustry' whereby any development application mustdemonstrate that the quality avolume of effluent to be dispoofonsite can be successfullydisposed of, without adverseenvironmental or health effectusing effluent disposal systeand
b.Development shall be restrictethe type which is predicted togenerate, and/or generate wwater intended for disposal on at a daily volume not exceedin540 litres per 2000m 2of site a2.A Wastewater Management Plabe submitted with each developmenapplication to demonstrate that Condition 1 can be achieved to the satisfaction of local government. The Use Classes listed in the Zoning Table against the 'Light Industrial' Zone and cross referenced with symbols of 'P' 'D'and 'A' Portion of Lot 117 on Plan4553 Lakes Road;
Portion of Lot 118 on Plan4553 Lakes Road;
Lot 119 on Plan 4553 LakesRoad
Portion of Lot 50 on Plan7475 Lakes Road Hazelmere
Inserted by Amend. 86 –Gov.Gaz. 28.07.2017 ((HEASPPrecinct 3A and Precinct 3B 'HEA Buffer Area')
Portion of Lot 1 on Diagram98336 Vale Road, Hazelmere
Inserted by Amend. 181-Gov. Gaz. 20.11.20
LOCA L PLA NNING SCHEME No 17 A M ENDMENT No 198
LEGEND
LOCA L SCHEME RESERVES
Local Road
Scale 1:10 000 Feb 2021
ROE HWY
TALBOT
Y
CR STIRLING
DR
BYPASS
CR STIRLING
LBTA TO
RD
EK S
DR
ROE HWY
TALBOT
Y
CR STIRLING
DR
BYPASS
CR STIRLING
LBTA TO
RD
K LA SE
DR
LOCA L SCHEME ZONES
General Rural
A d ditional Use OTHER CA T EGORIES Rural Residential REGIONA L SCHEME RESERVES
Primary Regonal Road
General Industrial
Municipal Boundary Public Purposes
CommonwealthGovernment
