DISCLAIMER - swan.wa.gov.au · LPS17-132\rLocation Map\rRezoning plan\rPrecinct Plan\rExecution Pages\r\(only\) Location Map\r. Excluded \r. Excluded \r. Excluded \rbecause a LPS17

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

24 April 2020

1:35000

LOCAL PLANNING

SCHEME

No 17

AMENDMENT No 132

LEGEND

METROPOLITAN REGIONSCHEME RESERVES

Primary RegionalRoads

Parks &Recreation

LOCAL SCHEMERESERVES

Local Road

General Rural

ResidentialDevelopment

Scale 1:55 000

Sept 2019

EXISTING ZONING

PROPOSED ZONING

DCA5

DCA5

SU

Additional UseAU42

GT

NO

RT

HE

RN

Landscape

Railways

GT

NO

RT

HE

RN

HW

YH

WY

MARALLA RD

MARALLA RD

LOCAL SCHEMEZONES

OTHER CATAGORIES

Special Use

SUZ 6Special UseBoundary

DevelopmentContributionArea Boundary

Resource

SPECIAL USE ZONE 6 PRECINCT PLAN Scale 1: 30 000

LEGEND

Parks & RecreationRegional Reserve

Precinct 1

Precinct 2

Updated Special UseZone 6 Boundary

Maralla Rd

Warbrook Rd

Gt N

ort

hern

H

wy

PLANNING AND DEVELOPMENT ACT, 2005 (AS AMENDED)

CITY OF SWAN

LOCAL PLANNING SCHEME NO. 17 - AMENDMENT NO. 132

The Council of the City of Swan, under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act, 2005 (as amended),

hereby amends the above Local Planning Scheme by:

a) Replace current references to Special Use Zone No.6 within Schedule 4 of the

Scheme text with the following:

No. Description of

Land

Special Use Conditions

6. All nominated lots

within the

Environmental

Protection Policy

(EPP) area for the

Western Swamp

Tortoise, in the

locality of

Bullsbrook and

Upper Swan as

delineated on the

Planning Scheme

Maps.

This Special Use area is

to guide land use,

development and

subdivision for the land

that has been identified

(by the Environmental

Protection Agency) as

having potential impact

on the Western Swamp

Tortoise.

Note: The area is also subject to

the Environmental Protection

(Western Swamp Tortoise

Habitat) Polity 2011

(Environmental Protection

Agency)

Purpose and Intent of the Zone

The purpose of the zone is to ensure any

development, subdivision or strata-subdivision of

the land:

1. Excludes land uses that may adversely affect

the Western Swamp Tortoise Conservation

Reserves and/or the Ellen Brook.

2. Provides for land-uses that are compatible

with, and protect the function of the

adjoining Western Swamp Tortoise

Conservation Reserves.

3. Creates no adverse impacts on Ellen Brook

and the Western Swamp Tortoise Reserves

(including impacts in terms of nutrient

loading, water quality, fire risk, and predator

risk).

4. Is compatible with surrounding rural land-

uses.

5. Subdivision, strata subdivision and

development shall be in accordance with the

approved Environmental Protection (Western

Swamp Tortoise Habitat) Policy relating to

the site and/or the adjoining Tortoise

Reserves.

6. No subdivision or strata subdivision shall be

permitted unless in accordance with an

approved Structure Plan for the entire zoned

area.

Precincts

Special Use 6 includes a number of precincts that

denote buffer areas to existing nature reserves,

and where land use or subdivision may have

specific conditions.

These conditions are in addition to the general

conditions that relate to the whole area. Refer to

Precinct Plan.

Land Use

"P” - Single House

- Home Occupation

- Public Utility

“D” - Industry - Cottage

- Rural Pursuit

- Stable

All other uses are not permitted, including the

following which applies to all of the land:

· No more than one dwelling per lot;

· Any use that may result in large numbers of

people, cars or pets e.g. shops, schools,

places of worship, tourist attractions;

· Intensive animal husbandry (such as poultry

farms, feedlots, dairies or piggeries); and

· Noxious industry (such as abattoirs).

The following land uses are not permitted within

the Surface Water Catchment Area - Precinct C

('1'):

· Intensive Agriculture (e.g. turf farms,

floriculture, market gardens and viticulture);

· Transport depot;

· Industry - light; and

· Industry - mining

The following provisions are for land uses that are

"P" or "D" uses:

· All dwellings and outbuildings must be located

within an approved building envelope that has

a minimum setback of 100 metres from the

reserves.

· No development, including earthworks,

hardstands, aerobic treatment units or

reticulated water areas shall occur within 100

metres of the reserves.

· The number of livestock shall be in

accordance with the Stocking Rate Guidelines

for Rural Smallholdings - Swan Coastal Plain

and Darling Scarp.

· Any land use that uses boom spraying of

chemicals on the land, such as viticulture,

market garden, orchards, horticulture, rural

pursuit, shall be at least 300 metres from the

Twin Swamps and Ellen Brook Nature Reserve

boundaries.

All development and land use proposals, in

addition to any requirements of the Local Scheme,

shall address the management of the following

(when applicable):

· Drainage - maintaining water quality and

quantity runoff.

· Nutrient loads;

· Sewage - use of appropriately managed

aerobic treatment units (maintained to high

standard) or reticulated deep - sewerage

(septic tanks are not acceptable);

· Fill - all placement of fill material (for

example, but not limited to, house pads, hard

stands, general fill) must be free of potential

contaminants an source and quality clearly

identified or certified;

· The storage of chemicals - to prevent risk of

spillage and runoff, and

· Any other relevant issues such as spreading of

lime, land uses that use large quantities of

water, land uses that result in leaching of

chemicals through land application and

discharge of nutrients and pollution in

aquaculture activities.

Notes:

1. Where an existing use or development has approval from the

City of Swan, the use may continue as a legal use, however

sections 4.8 - 4.12 (inclusive) of Local Planning Scheme No.

17 will now apply to the land use or development approval.

2. Notwithstanding any provision in the scheme, Council’s prior

approval to commence development shall be required for

the development of a single house, home occupation or

public utility on land within this zone.

3. Where a landowner can demonstrate via the submission of a

professionally prepared hydrological study as part of a

development application, that the property or part of the

property does not form a part of the actual surface water

catchment area, then the provisions/conditions of Precinct D

('2') shall be applied.

Structure Plan

1. The preparation, adoption and modification of

the Structure Plan for this Zone shall be in

accordance with the procedures set out in

part 4 of the deemed provisions.

2. In addition to those considerations required

elsewhere in the Scheme in regard to

Structure Plans, any Structure Plan for the

area shall describe, consider and resolve the

following to the satisfaction of Council and

the Environmental Protection Authority:

a) A description and assessment of the

physical characteristics of the land

affected, including an analysis of the

geology and soil types, watercourses,

wetlands, ground water, land capability,

landforms and land-uses.

b) An assessment of the landscape

qualities of the site, including its

topography, vegetation, skylines,

vistas, streamlines and significant

natural features.

c) A description and assessment of the

existing constraints and opportunities of

the site.

d) Details of the likely environmental

impacts and proposed

conservation/management measures

including the use of setbacks,

fencing, nutrient management and/or

other special controls addressing but

not limited to:

i. the protection of watercourses;

ii. surface and groundwater quality;

iii. the Western Swamp Tortoise

Habitat and

iv. Control of domestic animals and

livestock.

e) Proposed subdivision design which

minimizes the number of lots with

boundaries abutting or facing onto the

Western Swamp Tortoise Reserves

(refer to subdivision criteria);

f) The provision of potable water.

g) Proposals for effluent disposal.

h) Detailed mapping of minimum depths

to ground water across the site.

i) Assessment of fire risk and the

preparation of a Fire Management Plan.

j) Mechanisms for mosquito control which

do not impact on the habitat of the

Western Swamp Tortoise.

k) No new roads to be located within the

100 metre buffer to the Twin Swamps

or Ellen Brook Reserves.

l) Road design to incorporate areas for

tortoise crossing.

m) Show areas for revegetation and tree

planting to protect watercourses,

achieve pollution minimisation, reduce

salinity and salinity risk and the

protection of significant fauna and

habitats.

n) Details of buffer areas for:

· the Twin Swamps and Ellen Brook

Reserves (100 metre and 300

metre);

· any agricultural uses that rely on

chemicals, to alleviate the negative

impact of spray drift,;

· existing intensive agricultural activity

(i.e. poultry farm); and

· the Ellenbrook Speedway.

o) Proposed subdivision and development

standards, including the design of roads

and earthworks to restrict pooling of

water within 100 metres of the

reserves

p) A list of commitments by the

subdividers or developers undertaking

implementation of the Structure Plan

including, where necessary,

infrastructure cost-sharing

arrangements between

subdividers/developers in accordance

with objectives and provisions of the

zone and other conditions or criteria to

be met at development, subdivision

and/or strata subdivision stage.

q) In addition to other conditions and

requirements of subdivision or strata

subdivision, prior to any subdivision or

strata subdivision of land within the

zone, the subdivider shall undertake an

extensive revegetation programme in

accordance with the approved Structure

Plan to the satisfaction of the City of

Swan. An undertaking to this effect

shall be incorporated into the approved

Structure Plan.

r) A Drainage & Nutrient Management and

Water Quality Management Plan

including documentation of works to be

undertaken (such as tree planting, and

watercourse protection) to maintain

reduced nutrient loadings and water

quality following subdivision, strata

subdivision and/or development.

Subdivision or Strata Subdivision

Requirements

1. Lot sizes:

· For properties abutting or adjacent to

the Twin Swamps and Ellen Brook

Nature Reserves the minimum lot size

shall be 8 hectares. Where a road or

railway reserve lies between the

nature reserve and the lot, the

minimum lot size of 8 hectares applies

to the lots abutting the road reserve

or railway reserve.

· Precinct C ('1') (surface water

catchment area): the minimum lot

size shall be 8 hectares.

· Precinct D ('2'): lots ranging in size

from 2 - 8 hectares, based on site

conditions.

2. Should a 2 hectare minimum lot size be

applied for, the Applicant shall demonstrate

that the land is capable of sustaining such a

density without any negative impact upon

the Nature Reserves or Ellenbrook

catchment.

3. Applications for 2 hectare subdivision must

be referred to the Department of Parks and

Wildlife for assessment to ensure nutrient

issues into the Ellenbrook catchment are

managed.

4. Building envelopes shall be nominated in

areas already cleared of vegetation and shall

be setback at least 100 metres from the

reserve boundaries.

5. Each new dwelling shall be provided with a

supply of potable water, either from scheme

water or an adequately reliable rainwater

storage system.

6. The minimum frontage of lots adjacent to or

abutting the Twin Swamps and Ellen Brook

Nature Reserves shall be 200 metres. Where

a road or railway reserve lies between the

nature reserve and the lot, the minimal

frontage also applies to the lots abutting the

road or railway reserve.

7. Any lots that abut or are affected by the 300

metre buffer of the Twin Swamps or Ellen

Brook Reserves (to be shown on the

Structure Plan), shall have a notification

placed on the Certificate of Title alerting

prospective purchasers of the buffer and the

limited development/ land use potential

within the buffer.

8. All lots having a notification placed on the

Certificate of Title alerting prospective

purchasers of the limited available

groundwater and the requirement for the

provision of a sustainable potable water

source (i.e. rainwater tanks, connection to

Scheme water).

9. Any lots affected by noise from the

Ellenbrook Speedway (buffer to be

established via the Structure Plan) shall have

a notification placed on the Certificate of Title

alerting prospective purchasers to potential

impacts relating to noise and nuisance.

10. Provide a programme for revegetation and

tree planting including timing and

management of revegetation; size, species,

location and numbers of plants proposed,

(plants to be of local native species) to

protect watercourses, achieve pollution

minimisation, reduce salinity and salinity risk

and the protection of significant fauna.

Development Requirements

1. No more than 1 single house per lot shall be

permitted unless the additional dwelling is an

approved ancillary dwelling.

2. Each new dwelling shall be located within the

nominated building envelope.

3. Building envelopes to be specified for each lot

and located on already cleared land where

possible.

4. Building envelopes and any development

including (i.e. outbuildings, earthworks,

permanent water, dams, irrigation, effluent

disposal and drainage) shall be at least 100

metres from the Twin Swamps and Ellen

Brook Reserve boundaries.

5. The number of livestock kept on a property

shall be based on cleared paddock area and

shall comply with the Stocking Rate Guidelines

for Rural Smallholdings - Swan Coastal Plain

and Darling Range. A Property Management

plan may be required to demonstrate best

practices to ensure that the land use does not

negatively impact upon the Swamp Tortoise

Habitat of Ellen Brook.

6. No development of a single house shall occur

within a buffer area of an existing intensive

agricultural activity (i.e. poultry farm).

7. A minimum setback of 300 metres for land

uses that require spraying of chemicals, to

ensure spray drift does not impact upon the

Western Swamp Tortoise habitat.

8. Effluent disposal systems shall be considered

in conjunction with applications for

development on site. Council may require

the use of Nutrient Retentive effluent

disposal systems.

9. No clearing or development is permitted

within revegetation areas identified in the

approved Structure Plan.

10. Council may require additional tree planting

as part of any development proposal for the

purpose of landscape protection and

enhancement, habitat protection or

nutrient/water quality management or other

purpose

11. All development shall comply with

development standards as set out in the

approved Structure Plan.

b) Insert a precinct map into Special Use Zone No.6 within Schedule 4 of the Scheme text

that reflect the area covered by the current Environmental Protection Policy for the

Western Swamp Tortoise but excludes Lot 51 on D61652 Almeria Parade; Lot 23 on

P3220 Apple Street, and; Lot 2 on D59421 Apple Street, Upper Swan; and Lot 43 on

DP35125, Great Northern Highway, Upper Swan.

c) Modify the scheme maps as per the rezoning map that excludes Lot 51 on D61652

Almeria Parade; Lot 23 on P3220 Apple Street; Lot 2 on D59421 Apple Street, Upper

Swan; and Lot 43 on DP35125, Great Northern Highway, Upper Swan.