3.7 PROPOSED MODIFICATION TO STRUCTURE PLAN NO. 11 - LOT 302 LAGE ROAD AND LOT 301 STOCK ROAD, BULLSBROOK (SP17-11/A)
Ward: (Pearce Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
The Structure Plan, the subject of this modification, applies to Lot 302 Lage Road and Lot 301 Stock Road, Bullsbrook (the subject site). The current Structure Plan was approved as Structure Plan No. 11 and endorsed by the WAPC on 2 December 2014.
The Structure Plan area is located south-east of the existing Bullsbrook Townsite; east of Great Northern Highway; north of the Walyunga National Park; and west of the Shady Hills Rural Residential subdivision.
The Structure Plan comprises 219 Rural Residential lots in accordance with the objectives of the ‘Landscape’ zone of the City of Swan Local Planning Scheme No. 17.
The proposed amendment comprises a series of modifications that aim to improve the safety, amenity and commercial viability of the development. The Structure Plan does not propose an increase in the net lot yield as compared to the existing approved Local Structure Plan, but entails the reconfiguration of lots and a modified road layout that aims to address the more stringent bushfire planning requirements as well as engineering challenges and high future maintenance costs related to the steep gradient of the area. The modification also entails the relocation of the fire station site.
The proposal was publicly advertised for four (4) weeks. Four (4) objections were received mainly citing concerns regarding the reconfiguration of the road layout and related traffic and noise and privacy issues, fauna and flora and drainage. The application was also referred to relevant government agencies, some of which raised major concerns.
Although Main Roads WA advised that they do not support the proposed amendment as they require further details and modelling relating to the proposed intersection of Lage Road with Great Northern Highway, it should be noted that this matter will be dealt with under a different instrument and therefore does not form part of this assessment.
The current approved LSP was endorsed prior to the release of the current bushfire policy framework in 2015.
The Department of Fire and Emergency Services do not support the proposed modifications principally because in their view there are too many lots proposed within those parts of the site that have an extreme bush fire hazard level and that public roads have not been provided along the perimeter of the
site.
City staff are of the view that the nature of the proposed modifications represent a substantial improvement in bushfire risk mitigation to the existing approved structure plan. These proposed modifications are considered to be consistent with the approach set out at clause 5.2.5 of the Guidelines for Planning in Bushfire Prone Areas which encourages the application of best practice in bushfire risk management where possible to existing approved instruments.
It is also considered that the opportunity to negotiate with these landowners arrangements for timely provision of a through road connection between Shady Hills estate and Lage Road is a significant public benefit and would be an enhancement of bushfire risk mitigation for that adjoining estate.
Whilst respecting the advice of DFES on this proposal, City staff consider the proposed modifications to the existing structure plan ought to be approved for these reasons.
It is recommended that the Council resolve to recommend to the Western Australian Planning Commission that the proposed modifications to the Structure Plan be approved.
AUTHORITY/DISCRETION
In accordance with Schedule 2 Part 4 Clause 20 of the Planning and Development (Local Planning Scheme) Regulations 2015 (the Regulations) Local Government is required to prepare a report on the proposed structure plan and provide it to the Commission no later than 60 days after the last day for making a submission (unless otherwise agreed to by the Commission). Council has the power to provide a recommendation as to whether or not the Structure Plan should be approved or not, including any recommended modifications.
BACKGROUND
Applicant: Roberts Day
Owner: Clough Nominees; G.H. and E.F. Park; McRae
Investments Pty. Ltd Zoning: LPS17 - Landscape
MRS - Rural
Strategy/Policy: State Planning Policy 3.7 - Planning in Bushfire Prone Areas; State Planning Policy 2.4: Basic Raw Materials;
Local Rural Planning Strategy; Bullsbrook Townsite Land Use Master Plan
Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Rural
Lot Size: Approx. 696.7 hectares
DETAILS OF THE PROPOSAL
Generally, the structure plan first submitted as a modification to the approved structure plan entailed the following proposals:
Development of the site into 219 lots with an average area of 2.65ha for rural living and landscape protection purposes;
Provision of a Rural Link Road between the adjoining Shady Hills east to the east and Great Northern Highway via Lage Road; and
Provision of appropriate infrastructure and community services to service the development.
The proposed Structure Plan amendment comprises a series of modifications that, according to the applicant, aims to improve the safety, amenity and commercial viability of the development, as follows:
Introduction of a range of design measures endeavouring to bring the development into compliance with the current requirements of State Planning Policy 3.7 – Planning in Bushfire Prone Areas;
Realigning the proposed connecting through road (Rural Link Road) between Shady Hills estate and Lage Road further north over terrain of lesser slope to improve usability and safety and reduce construction work and cost;
Realigning the Rural Link Road (formerly Town Link Road) to eliminate the major engineering challenges and construction costs imposed by the current alignment, as well as potentially reducing the ongoing maintenance costs;
Realigning the future access road and intersection with Great Northern Highway from its approved location 200 metres to the south of Lage Road to the current Lage Road alignment, to comply with the approved Bullsbrook Townsite Land-Use Master Plan;
Reduction in the number of lots with building envelopes located within the 500 metre buffer associated with the adjacent Midland Brick quarry to the west from 18 to approximately 8;
Reduction in the number of building envelopes located within Visual Management Areas;
Modification to the proposed staging of the development;
Modification to the quarry buffer to correct a previous error; and
Realignment of the western boundary of the site.
In response to Department of Fire and Emergency Services (DFES) and City of Swan advice provided during the assessment process, the proponent has undertaken the following analyses:
1. Detailed slope and grade analysis along the relevant site perimeters to determine the suitability of perimeter access roads.
2. Updated Bushfire Hazard Level (BHL) assessment across the full Structure Plan area (and adjacent 150m), including consideration of slope >10 degrees in order to
provide a comparison between the previously approved Structure Plan versus the proposed Structure Plan amendment to determine whether the new proposal provides an improvement in the siting and location of development in relation to extreme bushfire hazard areas.
As a result, the applicant provided an updated structure plan design to accommodate findings of Bushfire Hazard Level (BHL) assessment and an improved response to pre‐
development bushfire risk, mainly by reducing the number of proposed building envelopes located within the Extreme BHL areas and by providing Fire Safety Access Routes (FSAR's) between the building envelopes (BE's) and the perimeter of the site. It is noted that the total number of lots remain approximately – 219 lots.
DESCRIPTION OF SITE
The subject site is located within the Bullsbrook area approximately 2 km south-east of the existing Bullsbrook Townsite.
The site straddles the Darling Scarp and as such the topography varies significantly, with a high point of 250m AHD along the eastern portions and a low point of 70m AHD in the western portions.
Lot 301 Stock Road is used for Rural Living purposes. The existing dwelling for Lot 301 is contained on proposed Lot 159. Lot 302 is currently utilised for rural purposes (grazing) and is predominantly cleared with remnants of bushland with little to no understorey.
The existing dwelling for Lot 302 is contained on proposed Lot 198.
Surrounding land uses include rural residential development to the east, rural and urban uses to the north and west, and resource extraction and environmental protection uses to the south and south-west.
As a result of a historic realignment of boundaries that occurred before the adjacent Shady Hills area was subdivided, an approximately 20 metre wide Easement (Right of Carriageway), was granted in favour of Lot 302 over what is now Lot 100 Clarkson Road and Lots 156, 163, 164 and 167 to 170 Shady Hills View, Bullsbrook.
A Right of Carriageway (Easement) in favour of Lot 301 Stock Road, Bullsbrook over Lot 302 Lage Road, Bullsbrook exists, however, is currently not used for regular access to Lot 301.
Lot 301 has a total area of 130.4ha. Lot 302 has a total area of 565.5ha. The Structure Plan area comprises a total of 625.5ha, which excludes a portion of Lot 302.
SITE HISTORY/PREVIOUS APPROVALS
At its Ordinary Meeting held on 7 September 2011, Council resolved to conditionally adopt the Local Structure Plan (as revised) for Lot 301 Stock Road and Lot 302 Lage Road, Bullsbrook and to forward the adopted documentation to the Western Australian Planning Commission (WAPC) for final approval.
On 9 November 2011 Council, at its Ordinary Meeting held on 9 November 2011 resolved to modify the above resolution and to inform the WAPC accordingly.
On 2 December 2014, the WAPC endorsed the above Local Structure Plan for Lot 301 Stock Road and Lot 302 Lage Road, Bullsbrook
PUBLIC CONSULTATION
The application was advertised to affected land owners for a period of 4 weeks. A total of sixteen submissions were received, four (4) of which were objections. The objections mainly focussed on the following:
o Location/alignment of Rural Link Road will be disruptive to established property owners - there are better options
o Safety issues regarding intersections o Fauna management
o Preservation of natural water courses and drainage o Preservation of the bridal trail
o Devaluation of properties o Visual privacy issues
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The following agencies provided comments on the proposed amendment:
Main Roads WA
Not supported until certain issues have been addressed regarding the Great Northern Highway/Lage Road/Dewars Road intersection, including a detailed layout drawing of roundabout/road configuration. A model for signalised intersection in comparison with roundabout option, swept paths for heavy vehicles and road trains to be shown at the roundabout, design speed modelling and other detailed design issues such as number of lanes and its width.
ATCO Gas No objection
Department of Health Standard requirements
Department of Education No objection
Water Corporation
The Structure Plan should identify a site for a high level water tank to be located.
Department of Biodiversity, Conservation and Attractions Standard comments and questions removal of perimeter road
Department Water and Environmental Regulation No objection with standard comments
Department of Defence
o Conditions on Title - Aircraft Noise
o Structures above 15m AGL to be referred to Defence o Management of organic waste that might attract birds
Department of Mines, Industry Regulation and Safety Conditional support
Department of Transport No comment
Department of Fire and Emergency Service
DFES has provided its most recent comments on 5 October 2018 opposing the proposed modifications. These will be discussed further in the report.
Department of Planning Land and Heritage No formal submission provided.
ASSESSMENT
Nature of proposed changes to Plan Lot yield and configuration
The modification to the structure plan does not entail an increase in the lot yield. The total number of lots remain the roughly the same as previously approved (227) being 219 lots. The minimum lot sizes proposed remain 2 hectares.
The adjustments to proposed lot configuration has enabled enhanced locations for proposed building envelopes away from the areas of steeper terrain within the site.
Road alignments
The proposed modifications retain the number of road connections between Shady Hills Estate (3) and to the west (Lage Road) as per the approved Plan. However more detailed site analysis has modified the proposed alignment of the subdivisional roads to improve gradients and reduce construction costs. This includes the proposed alignment of the principal through road connection between Clarkson Road and Lage Road which has been moved much further to the north of the site then that depicted in the approved Structure Plan. Whilst the objection from the adjoining neighbour at the north-western boundary is opposed to the alignment of the through road right past her house, City staff accept that is likely the optimal alignment in minimising gradients.
Building envelope locations, vegetation and clearance from watercourse
The proposed modifications have reduced the number of proposed building envelopes (BE’s) located within Extreme Bushfire Hazard Level (BHL) areas of the site from 144 under the existing approved structure plan to 97. This is a substantial reduction (33%) in the number of building envelopes located in extreme hazard areas under the approved structure plan.
In addition, the amendment rationalises proposed building envelope location such that all future dwellings will be situated as close to the public road network as possible (within individual lot constraints).
As part of the modification to the structure plan, approximately five lots were located where portions of the indicative building envelopes might encroach into the identified vegetation communities. The applicant has justified this by advising that, as required under Part One, Clause 4.6, final building envelope locations are required to be determined at the building application stage, and the location of building envelopes can be amended to exclude the vegetation communities, where other key factors such as bushfire can be satisfied. Pursuant to the City’s Building Envelope Policy it is also possible to split building envelopes into two parts, which approach is available if required to avoid the identified vegetation communities.
It is noted that although the current building envelopes are indicative, the recommended setback to drainage pathways has been achieved for approximately 211 of the lots within the proposed modified Structure Plan. Where other considerations such as slope and bushfire take precedence approximately eight lots identify minor encroachments into the recommended 30m drainage pathway setback.
In these cases it is proposed by the applicant that ATU’s are required to be installed in the portion of the building envelope within the recommended 30 metre setback pursuant to Part One, Clause 4.6(v) of the Structure Plan. The City’s Building Envelope Policy also allows for building envelopes to be split into two parts, which approach is available if required to achieve recommended setbacks.
Modification to water supply
Water Corporation indicated that a connection to water reticulation has ultimately been planned for, based on the addition of future high level tanks. The Water Corporation had completed the planning study for the delivery of additional water services to the Bullsbrook area. This included supply to the residential and rural residential area on the eastern side of Great Northern Highway including the proposed development site. Water Corporation advised that supply to the project area may be possible in the medium term via a new high level tank and has therefore requested that the Structure Plan be modified to identify and set aside a suitable nominated site for the proposed tank. Water Corporation have also advised that it should also be noted that the high level water tank, distribution/transfer water mains and pumping station referred to in the Servicing Report are not on the Water Corporation’s Capital Investment Program and will therefore need to be fully funded by the proponents.
Given the Water Corporation’s stated position that it is many years away from the tanks being on the capital works plan, the applicant chose not to identify and set aside a site for the proposed tank, mainly due to the ultimate cost to provide the land and infrastructure and the uncertainty on timing. The applicant stated that the intention is to provide site rainwater tanks for water supply in accordance with the Local Water Management Strategy (LWMS).
Although the applicant advised that commentary identified in the Servicing Report (provided as part of the proposed structure plan modification) on a future reticulated supply is only provided to allow for a complete picture of current and potential servicing considerations, it is deemed prudent to have a suitable site identified at structure plan stage to ensure a suitable site is identified at an early planning stage.
Bushfire
State Planning Policy (SPP) 3.7 - Planning in Bushfire Prone Areas - (December 2015) SPP 3.7 was gazetted on 7 December 2015, after the original structure plan was endorsed by the WAPC on 2 December 2014. SPP 3.7 directs how land use should address bushfire risk management in Western Australia. It applies to all land which has been designated as bushfire prone.
SPP 3.7 seeks to guide the implementation of effective risk-based land use planning and development to preserve life and reduce the impact of bushfire on property and infrastructure. It applies to all higher order strategic planning documents (including regional schemes, local planning schemes and structure plans), subdivision and development applications located in designated bushfire prone areas (unless exemptions apply). This policy also applies where an area is not yet designated as bushfire prone but the proposed development is planned in a way that introduces a bushfire hazard (e.g.
revegetation).
The objectives of this policy are to:
Avoid any increase in the threat of bushfire to people, property and infrastructure.
The preservation of life and the management of bushfire impact are paramount.
Reduce vulnerability to bushfire through the identification and consideration of bushfire risks in decision-making at all stages of the planning and development process.
Ensure that higher order strategic planning documents, strategic planning proposals, subdivision and development applications take into account bushfire protection requirements and include specified bushfire protection measures.
Achieve an appropriate balance between bushfire risk management measures and, biodiversity conservation values, environmental protection and biodiversity management and landscape amenity, with consideration of the potential impacts of climate change.
Guidelines for Planning in Bushfire Prone Areas (December 2017)
The accompanying Guidelines for Planning in Bushfire Prone Areas provide supporting information to assist in the interpretation of the objectives and policy measures outlined in SPP 3.7. They provide advice on how bushfire risk is to be addressed when planning, designing or assessing a planning proposal within a designated bushfire prone area.
The bushfire protection criteria have been provided to assist in the assessment of proposed bushfire risk management measures required for strategic planning proposals (including regional schemes, local planning schemes, structure plans and subdivisions) or development applications in bushfire prone areas. The depth of information required to demonstrate compliance with the bushfire protection criteria should be commensurate with the applicable stage in the planning process. For example, a strategic planning proposal will only need to demonstrate that compliance with the criteria can be achieved in subsequent stages in the planning process.
Part 2.5 of the Guidelines outlines that Planning decisions must be made on the merit of a proposal and include holistic consideration of a number of planning issues. For strategic planning proposals, subdivisions and development applications in bushfire prone areas, discretionary decision-making should involve the application of the precautionary principle contained in policy measure 6.11 under SPP 3.7. The outcome of this policy measure means that the potentially serious threat of bushfire to people, property and infrastructure warrants a conservative approach to decision-making being taken.
The Guidelines advises that the decision-maker should exercise judgement when considering the merits of proposals that do not satisfy the policy objectives and measures of SPP 3.7 or the acceptable solutions in the bushfire protection criteria.
Bushfire risk to people, property and infrastructure should be addressed at a scale that is consistent with the proposal being considered and based on appropriate levels of information. In exercising judgement, the decision-maker should consider:
The intent, objectives and policy measures of SPP 3.7 and these Guidelines;
The need to apply the precautionary principle;
Compliance with any provisions of the local planning scheme or local planning policy relating to bushfire;
Whether the bushfire hazard can be reduced to an acceptable level;
Whether the proposed measures can be practically implemented and maintained for the life of the development or land use;
Whether the proposal demonstrates an improvement or innovation in bushfire risk management that improves the bushfire outcome on the site and surrounds; and
Advice received from relevant referral agencies.
Achieving the objectives and measures set out in SPP 3.7 should not be at the expense of achieving consistency with other policies and publications, particularly in relation to environmental and biodiversity management and landscape amenity. Where, in order to preserve life, property or infrastructure, the objectives of other relevant planning policies or publications would be compromised, it may be the case that the proposal may not be suitable on planning grounds.
Under Part 5.2.5 of the Guidelines that deals specifically with local structure plans and master plans, it is noted that where a structure plan has been endorsed by the WAPC prior to the publication of SPP 3.7 and does not contain bushfire risk management measures, discretion may be required for subsequent approvals based on the precautionary principle. Where little or no subdivision has taken place and/or the majority of the area is yet to be developed, the local government are advised to work with the proponent to consider best practice in bushfire risk management and amend the designs to achieve outcomes that align with policy objectives of SPP 3.7 and the Guidelines where possible.
The bushfire protection criteria are divided into four elements - location, siting and design, vehicular access and water. Each element has an intent outlining the overall aim.
The bushfire protection criteria have been provided to assist in the assessment of proposed bushfire risk management measures to ensure that the Intent of each element can be met by either complying with the Acceptable Solutions or fulfilling the Performance Principles that apply:
Element 1: Location
Intent
To ensure that strategic planning proposals, subdivision and development applications are located in areas with the least possible risk of bushfire to facilitate the protection of people, property and infrastructure
Acceptable Solutions A1.1 Development location
The strategic planning proposal, subdivision and development application is located in an area that is or will, on completion, be subject to either a moderate or low bushfire hazard level, or BAL–29 or below.
Performance Principle
P1 - The strategic planning proposal, subdivision and development application is located in an area where the bushfire hazard assessment is or will, on completion, be moderate or low, or a BAL–29 or below, and the risk can be managed. For unavoidable development in areas where BAL–40 or BAL–FZ applies, demonstrating that the risk can be managed to the satisfaction of the Department of Fire and Emergency Services and the decision-maker.
How proposal addresses element
The reconfiguration of proposed lot layouts away from steeper parts of the site by this proposed modification allows for better placement options for building envelopes and Asset Protection Zones (low fuel areas) such that the requisite maximum Bushfire Attack Level rating of BAL-29 should be achieved.
Actual BAL ratings can be calculated more precisely at subdivision and building stages where exact locations of building envelopes are set. At this broad level however City staff have no reason to dispute the work done by the applicants bushfire consultants to suggest BAL-29 ratings are achievable.
DFES Comment
A broad consideration of the bushfire risk is required to appropriately plan for land use intensification and is one of the most effective means of preventing inappropriate development in unsuitable locations where non-compliance with the bushfire protection criteria exists.
The proposed structure plan is located in an area where an extreme bushfire risk exists.
BAL construction standards focus on asset protection and this should not be incorrectly equated with a lower risk to people, property and infrastructure at the subject site.
The likelihood of a bushfire, its severity and intensity, and the potential impact on life and property posed by the bushfire hazard at this location is unknown.
DFES have consistently advocated for a revised structure plan design that minimises the intensity of development in extreme bushfire risk areas, and ensures adequate hazard separation and access and egress is provided.
City comments
City staff note the comments of DFES. These seem to refute an acceptance of the Acceptable Solution for this element in the Guidelines which is to reduce the hazard level to low or moderate or achieve a maximum Bushfire Attack level of BAL -29.
The modifications appear able to achieve a BAL-29 rating and the indicated locations of the proposed building envelopes are able to reduce the number of envelopes in extreme hazard areas from 144 under the approved plan to 97.
This is considered to be a substantial improvement to bushfire risk mitigation consistent with the recommendations of Parts 5.2.5 of the Guidelines that encourage where possible improvements to approved structure plans.
Element 2: Siting and design of development
Intent
To ensure that the siting and design of development minimises the level of bushfire impact
Acceptable Solutions
A2.1 Asset Protection Zone (APZ)
Every habitable building is surrounded by, and every proposed lot can achieve, an APZ depicted on submitted plans, which meets the following requirements:
o Width: Measured from any external wall or supporting post or column of the proposed building, and of sufficient size to ensure the potential radiant heat impact of a bushfire does not exceed 29kW/m² (BAL-29) in all circumstances.
o Location: the APZ should be contained solely within the boundaries of the lot on which the building is situated, except in instances where the neighbouring lot or lots will be managed in a low-fuel state on an ongoing basis, in perpetuity.
o Management: the APZ is managed in accordance with the requirements of
‘Standards for Asset Protection Zones’.
Performance Principle
P2 - The siting and design of the strategic planning proposal, subdivision or development application, including roads, paths and landscaping, is appropriate to the level of bushfire threat that applies to the site. That it incorporates a defendable space and significantly reduces the heat intensities at the building surface thereby minimising the bushfire risk to people, property and infrastructure, including compliance with AS 3959 if appropriate.
How proposal addresses element
To reiterate - the reconfiguration of proposed lot layouts away from steeper parts of the site by this proposed modification allows for better placement options for
building envelopes and Asset Protection Zones (low fuel areas) such that the requisite maximum Bushfire Attack Level rating of BAL-29 should be achieved.
Actual BAL ratings can be calculated more precisely at subdivision and building stages where exact locations of building envelopes are set. At this broad level however City staff have no reason to dispute the work done by the applicants bushfire consultants to suggest BAL-29 ratings are achievable.
DFES comments
BAL construction standards focus on asset protection and this should not be incorrectly equated with a lower risk to people, property and infrastructure at the subject site.
Ultimately there is inadequate physical separation from the extreme bushfire hazard within and adjoining the site. The site will be dominated by an extreme bushfire hazard level. A reliance on building envelopes within BAL-29 shows a lack of consideration of the bushfire threat to people from the site as a whole.
Studies of past bushfire events demonstrate that 85% of known bushfire fatalities occur within 100 metres of extreme bushfire level vegetation, source: Blanchi, Raphaele, et al. ”Environmental circumstances surrounding bushfire fatalities in Australia 1901-2011” Environmental Science & Policy 37 (2014); 192-203.
The reconsideration of existing strategic planning for the site, provides an opportune mechanism to introduce hazard separation and improve access and egress from and within the site.
DFES have consistently advocated that the structure plan design should optimise hazard separation through the provision of perimeter public roads or managed public open spaces between the bushfire hazards and proposed subdivision design. This is particularly important where areas abut an extreme bushfire hazard.
Hazard separation in the form of perimeter public roads improves emergency access by providing direct access to areas of extreme bushfire hazard during a bushfire event, which alternatively would be restricted by private property.
City comments
City staff note that there are approximately 48 proposed lots along the northern, western and southern perimeters of the site boundaries where the abutting land may not be managed in a low fuel state and therefore no opportunity for overlapping asset protection zones. Envelopes in these instances will need to be sited as far from the perimeter boundaries as necessary to ensure the asset protection zones are within the subdivided lot boundaries. Such refinement can be achieved at subdivision stage.
The crux of DFES’s position from the above comments appears to be to increase separation distances between home sites and extreme rated areas inclusive of the provision of perimeter public roads. Again this is a rejection of the Acceptable Solution set out in the guidelines.
City staff and DFES requested the applicant explore the potential for installation of perimeter public roads along the full extent of the northern, western and southern site boundaries. These considerations overlap into the net element and will be discussed below.
Element 3: Vehicular access
Intent
To ensure that the vehicular access serving a subdivision/development is available and safe during a bushfire event
Acceptable Solutions A3.1 Two access routes
Two different vehicular access routes are provided, both of which connect to the public road network, provide safe access and egress to two different destinations and are available to all residents/the public at all times and under all weather conditions.
A3.2 Public road
A public road is to meet the requirements in Table 6, Column 1.
A3.3 Cul-de-sac (including a dead-end road)
A cul-de-sac and/or a dead end road should be avoided in bushfire prone areas.
Where no alternative exists (i.e. the lot layout already exists and/or will need to be demonstrated by the proponent), the following requirements are to be achieved:
o Requirements in Table 6, Column 2;
o Maximum length: 200 metres (if public emergency access is provided between cul-de-sac heads maximum length can be increased to 600 metres provided no more than eight lots are serviced and the emergency access way is no more than 600 metres); and
o Turn-around area requirements, including a minimum 17.5 metre diameter head.
A3.4 Battle-axe
Battle-axe access leg should be avoided in bushfire prone areas. Where no alternative exists, (this will need to be demonstrated by the proponent) all of the following requirements are to be achieved:
o Requirements in Table 6, Column 3;
o Maximum length: 600 metres; and o Minimum width: six metres.
A3.5 Private driveway longer than 50 metres
A private driveway is to meet all of the following requirements:
o Requirements in Table 6, Column 3;
o Required where a house site is more than 50 metres from a public road;
o Passing bays: every 200 metres with a minimum length of 20 metres and a minimum width of two metres (i.e. the combined width of the passing bay and constructed private driveway to be a minimum six metres);
o Turn-around areas designed to accommodate type 3.4 fire appliances and to enable them to turn around safely every 500 metres (i.e. kerb to kerb 17.5 metres) and within 50 metres of a house; and
o Any bridges or culverts are able to support a minimum weight capacity of 15 tonnes.
o All-weather surface (i.e. compacted gravel, limestone or sealed).
A3.6 Emergency access way (EAW)
An access way that does not provide through access to a public road is to be avoided in bushfire prone areas. Where no alternative exists (this will need to be demonstrated by the proponent), an emergency access way is to be provided as an alternative link to a public road during emergencies. An emergency access way is to meet all of the following requirements:
o Requirements in Table 6, Column 4;
o No further than 600 metres from a public road;
o Provided as right of way or public access easement in gross to ensure accessibility to the public and fire services during an emergency; and
o Must be signposted.
A3.7 Fire service access routes (perimeter roads)
Fire service access routes are to be established to provide access within and around the edge of the subdivision and related development to provide direct access to bushfire prone areas for fire fighters and link between public road networks for firefighting purposes. Fire service access routes are to meet the following requirements:
o Requirements Table 6, Column 5;
o Provided as right of ways or public access easements in gross to ensure accessibility to the public and fire services during an emergency;
o Surface: all-weather (i.e. compacted gravel, limestone or sealed) o Dead end roads are not permitted;
o Turn-around areas designed to accommodate type 3.4 appliances and to enable them to turn around safely every 500 metres (i.e. kerb to kerb 17.5 metres);
o No further than 600 metres from a public road;
o Allow for two-way traffic and;
o Must be signposted.
A3.8 Firebreak width
Lots greater than 0.5 hectares must have an internal perimeter firebreak of a minimum width of three metres or to the level as prescribed in the local firebreak notice issued by the local government.
Performance Principle
P3 - The internal layout, design and construction of public and private vehicular access and egress in the subdivision/development allow emergency and other vehicles to move through it easily and safely at all times.
How proposal addresses element
The proposed modification to the existing structure plan:
Maintains a proposed through road connection between Clarkson Road in Shady Hills and Lage Road that achieves two different vehicular access routes.
Reconfigures the proposed internal subdivisional roads inclusive of the above through road connection to run within those parts of the site where slopes have been calculated as no more than 10 degrees maximising opportunity for compliance with the 7 degree maximum slope for public roads.
Proposes two cul-de-sacs serving 5 proposed lots where the original approved plan had one cul-de-sac serving three lots. Proposed Cul-de-sacs do not exceed 200 metres in length and can have adequate turnaround areas.
Proposes no battle-axe lots where the original approved plan had 16 battle- axe lots.
Provides fire service access routes to northern, western and southern perimeters of site on alignments that follow gentler sloping terrain.
Driveway and firebreak standards to be provided at subdivision and building stages.
Does not require any emergency access ways given two different vehicular access routes by a a public road connecting to other public roads will be provided.
DFES Comments
The public road system in a bushfire prone area should provide direct access and egress for firefighters to areas of extreme bushfire hazard, during bushfire emergency. The intent is to separate bushfire prone areas from developed areas and establish access within and around the edge of subdivision for bushfire suppression as well as fire preventative work.
DFES do not support the desktop analysis of slope and gradient provided, as the information is acknowledged within the revised BMP as being reliant on site topography and contour/elevation information (reference unknown), with no onsite verification. Whilst DFES acknowledge this higher-level analysis is commensurate with the strategic planning stage, omission of endorsement by the City of Swan Swan (City) does not give DFES any confidence in the justification provided.
DFES continue to advocate for a perimeter public access road, particularly along the southern interface with Walyunga National Park, the western interface with existing quarry and northern interface adjacent to extreme BHL vegetation.
DFES encourage the proponent consider a performance principle based solution to achieve acceptable vehicular access while working with the sloes on the site. DFES suggest subject to the proposed route being sealed and compliant with all other technical requirements of the local government and Table 6 of the Guidelines that a route, which achieves an average of 1:10 (10%) grade, with a maximum grade of 1:7 (14.3%) can be considered.
DFES do not support the cul-de-sacs and dead-ends still exiting within the north western region of the structure plan. It is unclear what timeframe is anticipated for development of the adjacent lots to the north to occur. On this basis, it has not been demonstrated why no alternative exists for redesign, omitting the proposed cul-de-sacs.
The proposed EAW linking Clarkson and Lage Roads does not comply with Guidelines as it is in excess of 600m and does not meet the intent of Element 3.
City comments
At the request of the City the applicant provided cross-sections with indicative gradients for proposed roads along the northern, western and southern site perimeters.
Based on these cross-sections a perimeter road along more than half of the northern boundary will would be expected to exceed the maximum 14% grade DFES indicated as being acceptable.
Almost half of the western and southern boundary perimeter public roads would also exceed the average and maximum grades DFES indicated they would accept.
For these reasons the provision of perimeter public roads is considered to fail to achieve the performance principle for public roads and City staff see no basis upon which they can be supported.
Element 4: Water
Intent: To ensure that water is available to the subdivision, development or land use to enable people, property and infrastructure to be defended from bushfire.
Acceptable Solutions A4.1 Reticulated areas
The subdivision, development or land use is provided with a reticulated water supply in accordance with the specifications of the relevant water supply authority and Department of Fire and Emergency Services.
A4.2 Non-reticulated areas
o Water tanks for firefighting purposes with a hydrant or standpipe are provided and meet the following requirements:
o Volume: minimum 50,000 litres per tank;
o Ratio of tanks to lots: minimum one tank per 25 lots (or part thereof);
o Tank location: no more than two kilometres to the further most house site within the residential development to allow a 2.4 fire appliance to achieve a 20 minute turnaround time at legal road speeds;
o Hardstand and turn-around areas suitable for a type 3.4 fire appliance (i.e.
kerb to kerb 17.5 metres) are provided within three metres of each water tank; and
o Water tanks and associated facilities are vested in the relevant local government.
Performance Principle
P4 - The subdivision, development or land use is provided with a permanent and secure water supply that is sufficient for fire fighting purposes.
DFES Comment No comment.
City comments
A network of water supply tanks will be provided as part of proposed development to comply with technical requirements of the Guidelines and City specifications (10 x 40kl static water supply tanks for firefighting purposes are provided as part of the modified proposal as per City staff request). This will be further demonstrated through preparation of detailed BMPs at the subdivision stage.
Provision of second public road connection to Shady Hills Estate
Residents of Shady Hills Estate drafter a petition to Council in December 2017 requesting Council provide a second public road connection to the estate consistent with best practice bushfire risk mitigation.
The petition was presented to Council at its meeting of 1 August 2018. Council requested staff to make enquiries with the applicant for the subject structure plan modification as to the prospect of early acquisition of their land for the purpose of facilitating such a connection.
These landowners have advised that in principle they are open to such arrangements subject to certain conditions inclusive of obtaining an approval to this proposed structure plan modification.
In addition to the merits of the proposed modification relative to the existing approved plan, City staff consider the opportunity to secure a timely second public road connection to Shady Hills to be of significant additional public benefit.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to recommend that the Western Australian Planning Commission approve the proposed amendment to the structure plan with or without modifications.
Implications: The WAPC will determine the Structure Plan in accordance with Clause 22 of the Planning and Development (Local Planning Scheme) Regulations 2015.
This is the recommended option.
Option 2: Council may resolve to recommend that the Western Australian Planning Commission refuse to approve the proposed modifications to the structure plan, for the following reasons:
1. The proposal fails to adequately respond to State Planning Policy 3.7 and the findings of the bushfire risk assessment forming part of the Bushfire Management Plan (BMP)..
Implications: The WAPC will determine the Structure Plan in accordance with Clause 22 of the Planning and Development (Local Planning Scheme) Regulations 2015.
This is not the recommended option.
CONCLUSION
The Structure Plan, the subject of this modification, applies to Lot 302 Lage Road and Lot 301 Stock Road, Bullsbrook (the subject site). The current Structure Plan was approved as Structure Plan No. 11 and endorsed by the WAPC on 2 December 2014.
The Structure Plan area is located south-east of the existing Bullsbrook Townsite; east of Great Northern Highway; north of the Walyunga National Park; and west of the Shady Hills Rural Residential subdivision.
The Structure Plan comprises 219 Rural Residential lots in accordance with the objectives of the ‘Landscape’ zone of the City of Swan Local Planning Scheme No. 17.
The proposed amendment comprises a series of modifications that aim to improve the safety, amenity and commercial viability of the development. The Structure Plan does not propose an increase in the net lot yield as compared to the existing approved Local Structure Plan, but entails the reconfiguration of lots and a modified road layout that aims to address the more stringent bushfire planning requirements as well as engineering challenges and high future maintenance costs related to the steep gradient of the area. The modification also entails the relocation of the fire station site.
The proposal was publicly advertised for four (4) weeks. Four (4) objections were received mainly citing concerns regarding the reconfiguration of the road layout and related traffic and noise and privacy issues, fauna and flora and drainage. The application was also referred to relevant government agencies, some of which raised major concerns.
Although Main Roads WA advised that they do not support the proposed amendment as they require further details and modelling relating to the proposed intersection of Lage Road with Great Northern Highway, it should be noted that this matter will be dealt with under a different instrument and therefore does not form part of this assessment.
The current approved LSP was endorsed prior to the release of the current bushfire policy framework in 2015.
The Department of Fire and Emergency Services do not support the proposed modifications principally because in their view there are too many lots proposed within those parts of the site that have an extreme bush fire hazard level and that public roads have not been provided along the perimeter of the site.
City staff are of the view that the nature of the proposed modifications represent a substantial improvement in bushfire risk mitigation to the existing approved structure plan. These proposed modifications are considered to be consistent with the approach set out at clause 5.2.5 of the Guidelines for Planning in Bushfire Prone Areas which encourages the application of best practice in bushfire risk management where possible to existing approved instruments.
It is also considered that the opportunity to negotiate with these landowners arrangements for timely provision of a through road connection between Shady Hills estate and Lage Road is a significant public benefit and would be an enhancement of bushfire risk mitigation for that adjoining estate.
Whilst respecting the advice of DFES on this proposal, City staff consider the proposed modifications to the existing structure plan ought to be approved for these reasons.
It is recommended that the Council resolve to recommend to the Western Australian Planning Commission that the proposed modifications to the Structure Plan be approved.
ATTACHMENTS
Location Plan
Current approved Structure Plan
Proposed modified Structure Plan
STRATEGIC IMPLICATIONS
Bullsbrook Townsite Land Use Master Plan (BLUMP)
Local Rural Planning Strategy (LRPS)
STATUTORY IMPLICATIONS
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
City of Swan Local Planning Scheme No. 17
State Planning Policy 3.7 – Planning in Bushfire Prone Areas
Guidelines for Planning in Bushfire Prone Areas (December 2017)
FINANCIAL IMPLICATIONS Nil
VOTING REQUIREMENTS Simple majority
RECOMMENDATION
That the Council resolve to:
1) Recommend the Western Australian Planning Commission approve the proposed amendment to SP17-11/A, subject to:
a. That the structure plan mapping be modified to identify a suitable site for a proposed high level water tank to be located on for purposes of supply in connection with possible future connection to water reticulation.
b. That the discrepancy relating to the boundary alignment with the Urban Deferred zone be resolved between the WAPC and the proponent.
c. That subject to bushfire requirements being met, the indicative building envelope locations be amended to avoid encroachment into the identified vegetation communities.
d. The incorporation of the following notation on the Plan and in the text of the Structure Plan document:
“No subdivision is to occur until the through road connection between Clarkson Road and Lage Road is fully constructed and ceded to the City of swan as a public road”.
2) Forward the proposed structure plan, together with this report and a copy of DFES's and the Department of Transport's referral response to the Western Australian Planning Commission for their determination.
3) Advise the applicant, landowner, and those persons and agencies that lodged a submission, of Council's decision accordingly.
CARRIED
