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Ordinary Meeting of Council 4 November 2015 3.2 FINAL ADOPTION OF AMENDMENT NO.127 TO LOCAL PLANNING SCHEME NO.17 - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA RIVER") OF THE HAZELMERE ENTERPRISE AREA STRUCTURE PLAN Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES Council at its Ordinary Meeting held on 20 May 2015 initiated Scheme Amendment No.127 to rezone the 'Urban' area of Hazelmere Enterprise Area Structure Plan (HEASP) Precinct 2B to a 'Special Use Zone’. The City’s Amendment follows the approval of the Minister for Planning of the Metropolitan Region Scheme (MRS) Amendment No.1251/57 on 9 December 2014 which rezoned Precinct 2B to ‘Urban’. This Amendment No.127 is to make the zoning of the land under Local Planning Scheme No.17 consistent with the Minister’s decision. The rezoning is specifically aimed at requiring the preparation of a Local Structure Plan for the subject land prior to further development and subdivision of the land for light industrial uses and to accommodate any further foreshore reserve requirements. The precise layout, land use permissibility, drainage and environmental management will be determined as part of the subsequent local structure plan process and does not need to be resolved at this rezoning stage. Amendment No.127 was advertised for 42 days from 30 June 2015 to 12 August 2015. The City received a total of 15 submissions: 13 from external agencies, and 2 from landowners in Stirling Crescent. The sole objection received was from a landowner within the amendment area, arguing that a structure plan should not be required prior to further development of his property. The key issues and concerns raised during the submission period include: i) Foreshore and river protection of the Helena River, including wildlife; ii) The need for reticulated sewer and scheme water; iii) Requirement for a Local Water Management Strategy; iv) Need to consider Western Power transmission lines and required setbacks; v) Aboriginal Heritage requirements under the Aboriginal Heritage Act (1972); vi) Compliance with Hazelmere Enterprise Area Structure Plan (HEASP); vii) Responsibility of developers at subdivision and development stage. The objection received claimed that the rationale for requiring a structure plan is based on inaccurate information: that there is no flood fringe on the land, that the "ecological corridor" is severely degraded and should not be used to justify the need for a structure plan; and that piped sewerage should not be required to service the area. Page 1
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Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

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Page 1: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

3.2 FINAL ADOPTION OF AMENDMENT NO.127 TO LOCAL PLANNING SCHEME NO.17 - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA RIVER") OF THE HAZELMERE ENTERPRISE AREA STRUCTURE PLAN

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES • Council at its Ordinary Meeting held on 20 May 2015 initiated Scheme

Amendment No.127 to rezone the 'Urban' area of Hazelmere Enterprise Area Structure Plan (HEASP) Precinct 2B to a 'Special Use Zone’.

• The City’s Amendment follows the approval of the Minister for Planning of the Metropolitan Region Scheme (MRS) Amendment No.1251/57 on 9 December 2014 which rezoned Precinct 2B to ‘Urban’. This Amendment No.127 is to make the zoning of the land under Local Planning Scheme No.17 consistent with the Minister’s decision.

• The rezoning is specifically aimed at requiring the preparation of a Local Structure Plan for the subject land prior to further development and subdivision of the land for light industrial uses and to accommodate any further foreshore reserve requirements. The precise layout, land use permissibility, drainage and environmental management will be determined as part of the subsequent local structure plan process and does not need to be resolved at this rezoning stage.

• Amendment No.127 was advertised for 42 days from 30 June 2015 to 12 August 2015. The City received a total of 15 submissions: 13 from external agencies, and 2 from landowners in Stirling Crescent. The sole objection received was from a landowner within the amendment area, arguing that a structure plan should not be required prior to further development of his property.

• The key issues and concerns raised during the submission period include:

i) Foreshore and river protection of the Helena River, including wildlife; ii) The need for reticulated sewer and scheme water; iii) Requirement for a Local Water Management Strategy; iv) Need to consider Western Power transmission lines and required

setbacks; v) Aboriginal Heritage requirements under the Aboriginal Heritage Act

(1972); vi) Compliance with Hazelmere Enterprise Area Structure Plan (HEASP); vii) Responsibility of developers at subdivision and development stage.

• The objection received claimed that the rationale for requiring a structure plan

is based on inaccurate information: that there is no flood fringe on the land, that the "ecological corridor" is severely degraded and should not be used to justify the need for a structure plan; and that piped sewerage should not be required to service the area.

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Page 2: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

• The HEASP lists numerous reasons why a structure plan is required in Precinct 2B, prior to allowing further development of these lots. Issues which need to be addressed include: provision of access to the lots, securing public access along the Helena River, requirement for a flora and fauna survey, a Local Water Management Strategy, and a strategy for servicing the lots. The need for a structure plan over these lots was confirmed through further investigations, leading to Council's resolution on the 20 May 2015 to initiate Amendment No.127 to rezone the lots to a 'Special Use Zone' requiring a local structure plan to guide subdivision and development for light industrial purposes.

• It is considered that none of the issues raised by submitters are of fundamental concern to the final adoption of this amendment, or require it to be modified. The matters raised can be addressed through future stages of the planning process.

• It is also considered that the adoption of the amendment is appropriate because it simply fulfils the Council's obligations to update the Local Planning Scheme in a manner that is consistent with the Minister of Planning's recent decision to make the land 'Urban' in the Metropolitan Region Scheme (MRS).

• The proposed 'Special Use Zone' for Precinct 2B complies with the recommendations of the Hazelmere Enterprise Area Structure Plan (HEASP) and is compatible with the objectives of the underlying MRS zone.

It is recommended that the Council grant final approval to Amendment No.127 to Local Planning Scheme No.17 without modification and forward the Amendment documentation to the Western Australian Planning Commission (WAPC) with a request that the Minister for Planning endorse it for gazettal without modification.

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.

It is important to note that this Scheme Amendment was advertised in accordance with the processes set out in the Town Planning Regulations 1967, which has since been repealed and superseded by Local Planning Scheme Regulations 2015 as of 19 October 2015.

This change in planning regulations has no impact on the validity of this Scheme Amendment or how it was advertised.

This is because Regulation 80 provides that any step taken in accordance with the repealed regulations before the Local Planning Scheme Regulations 2015 come into effect is to be taken to be as a step taken under the new regulations. The only substantial change in the way that a Local Government is to consider and assess scheme amendments is to establish if this proposal is a 'basic', 'standard' or 'complex' scheme amendment, as set out in Regulation 35(2)(b).

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Page 3: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

As this Scheme Amendment -

• was not concurrently rezoned when the WAPC and Minister amended the zones in the Metropolitan Region Scheme;

• has already been advertised for 42 days and has received 1 objection; and

• fails to fit the description of a 'complex' or 'basic' amendment as set out in Regulation 34;

staff find it best complies with the definition of a 'standard' local planning scheme amendment, so therefore should follow the remaining processes set out through 47-56 of the new regulations.

Regulation 50 of the Local Planning Scheme Regulations 2015 sets out the process for dealing with submissions received under the statutory advertising period and Regulation 50(3) sets out how the Council must make a resolution before the end of the 'consideration period'. Ordinarily the 'consideration period' is within 60 days of the close of advertising but the WAPC has agreed to extend the consideration period for this Amendment to the 4 November 2015.

BACKGROUND

The consideration of a land use planning framework to facilitate development in Hazelmere has existed since the 1992 City of Swan Hazelmere Land Use Strategy report. A draft Guided Development Scheme - Town Planning Scheme No.15 was proposed to implement the Strategy, however this did not progress. The need for a district structure plan was identified and was progressed with the preparation by the Western Australian Planning Commission (WAPC) in its 2006 Kewdale-Hazelmere Integrated Masterplan (KHIM). The KHIM identified part of the Hazelmere locality suitable for the freight industry in Perth. Further refinement of the planning process and Masterplan for Hazelmere culminated in the preparation and advertising of the Hazelmere Enterprise Area Structure Plan (HEASP). HEASP is a strategic planning document which provides guidance on future rezoning of land within part of the Hazelmere locality for generally industrial purposes and to identify the land use intent and development requirements for specific precincts within the HEASP area. Extensive preliminary consultation occurred before it was advertised and Council, at its Ordinary meeting on 28 September 2011 adopted the HEASP which was subsequently endorsed by the WAPC on 18 October 2011. The HEASP has provided the basis and rationale for the WAPC to formulate and progress to gazettal, a series of amendments to the Metropolitan Region Scheme. The rezoning proposal relevant to the subject land is Metropolitan Region Scheme Amendment No.1251/57, which was gazetted and thereby came into effect on 9 December 2014. This has made the current ‘General Rural’ zone in Local Planning Scheme No.17 inconsistent with the new 'Urban' zone in the MRS for parts of Precinct 2B. With the MRS zones in place, the local planning scheme can now be amended to implement the HEASP's recommendations and this is the purpose of the subject Local Planning Scheme Amendment.

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Page 4: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

DETAILS OF THE PROPOSAL

To amend Local Planning Scheme No.17 by:

a) Rezoning the following lots from ‘General Rural’ to ‘Special Use Zone':

Lot 23 on Plan 4556 Stirling Crescent; Portion of Lot 24 on Plan 4556 Stirling Crescent; Portion of Lot 25 on Plan 4556 Stirling Crescent, Hazelmere.

b) Modifying the Scheme Maps accordingly.

c) Inserting a new ‘Special Use Zone No.18’ with the following text into Schedule 4 – Special Use Zones:

No. Description of Land

Special Use Conditions

18 Lot 23 on Plan 4556 Stirling Crescent;

Portion of Lot 24 on Plan 4556 Stirling Crescent;

Portion of Lot 25 on Plan 4556 Stirling Crescent, Hazelmere.

The land uses as specified in an adopted local structure plan consistent with the Land Use Intent detailed for Precinct 2B "Helena River" within the Local Government and WAPC approved Hazelmere Enterprise Area Structure Plan Report.

1. Subdivision and development shall be in accordance with a Structure Plan prepared and approved in accordance with the provisions of Part 5A of the Scheme.

2. A Structure Plan shall include all lots within this Special Use Zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception that the Local Government may consider granting an approval for the following land use, development or subdivision, without the prior requirement for a Structure Plan:

a) Single House and associated residential structures and activities such as a Home Business; Home Occupation; Home Office; Home Store on a lot, or

b) minor lot boundary changes.

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Page 5: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

3. The Structure Plan is required to observe the Land Use Intent and Development Requirements as detailed within Precinct 2B "Helena River" within the Local Government and WAPC approved Hazelmere Enterprise Area Structure Plan.

4. The Structure Plan is to demonstrate the extent of land capable of sustaining the proposed land uses and identify the appropriate setbacks and indicative interface treatments to:

a. Any "Resource Enhancement" or "Conservation" category wetlands requiring retention, and;

b. the Helena River foreshore, observing the requirements identified in the Helena River Foreshore Definition Study.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Council at its Ordinary Meeting held on 17 December 2014 resolved to initiate Amendment No's. 84, 85, 86, 87 and 125 and to advertise these HEASP Scheme Amendments for public comment for a period of 42 days. At the same meeting, Council resolved to:

"8) Support the separation of Lot 23, Lot 24 and portion of Lot 25 Stirling Crescent from proposed Scheme Amendment No. 85 and task staff to review whether or not a structure plan should be required for such a small landholdings and represent a proposed report for Council consideration in February 2015".

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Page 6: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

Staff found that the way that the Helena River flood fringe and a "Resource Enhancement" category wetland divided the site, makes it undesirable for any one property to subdivide or develop without a local structure plan to coordinate access, fill and servicing requirements across all three land parcels. Therefore they proposed Amendment No.127 to rezone the 'Urban' portion of Lots 22, 23 and 25 Stirling Crescent, Hazelmere, from "General Rural" to a 'Special Use Zone' that requires a local structure plan to guide subdivision and development for light industrial purposes.

Council at its Ordinary Meeting held on 20 May 2015, resolved to initiate Amendment No.127; to refer it to the Environmental Protection Authority (EPA) for advice; and following receipt of this advice, to advertise this HEASP Scheme Amendment for public comment for a period of 42 days. The determination of Amendment No.127 is the subject of this report.

CONSULTATION

The Environmental Protection Authority advised in June 2015 that the proposal does not need to be assessed under the Environmental Protection Act 1986.

The proposed Scheme Amendment was then advertised for 42 days and underwent the following public consultation process:

• Written notification to affected and surrounding landowners; • A notice placed in the 1 July 2015 edition of the West Australian; • A notice placed in the 30 June 2015 edition of the Midland Kalamunda Reporter; • Sign erected on site for the duration of the advertisement period; • Notice and publication on the City's website; and • Made available for public inspection at the City's Administration Building.

Two public submissions were received by the City, of which 1 was an objection and 1 supported the proposed rezoning.

In addition to the public consultation, the City sought the advice of the Western Australian Planning Commission (WAPC), Department of Water (DoW), Department of Aboriginal Affairs (DAA), Telstra, Metropolitan Redevelopment Authority (MRA), Perth Airports, Western Power, Swan River Trust (SRT), Water Corporation, Department of Fire and Emergency Services (DFES), Main Roads WA (MRWA), Department of Transport (DoT), Public Transport Authority (PTA), Department of Health (DoH), Department of Mines and Petroleum (DMP) and the Department of Parks and Wildlife, including the Rivers and Estuaries Division which has absorbed the former Swan River Trust (DPaW).

DoH, DFES, MRWA, the WAPC, DoW, Western Power, DAA, DMP, Telstra, the Water Corporation, MRA, Shire of Mundaring, and DPaW made submissions to the City. All 13 agency submissions indicated no objection to the proposal, and have provided comments that generally relate to their requirements and issues at the subsequent and more detailed planning stages.

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Page 7: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

As a result of the consultation period and from all 15 submissions, several issues were raised as follows:

i) The need for reticulated sewer and scheme water; and constraints in this regard; ii) Foreshore and river protection of the Helena River, including wildlife; iii) Compliance with Hazelmere Enterprise Area Structure Plan (HEASP); iv) The need for a servicing strategy, considering infrastructure requirements; v) The existence of a number of Aboriginal sites recognised by the Department of

Aboriginal Affairs; vi) Responsibilities of developers at subdivision and development stage. vii) Access arrangements.

The objection received opposed any suggestion that a local structure plan should be required prior to further development of his property (Lot 23), claiming the arguments put forward in support of a structure plan were based on inaccurate information. He claimed the flood fringe mapped on his property is a dam, and should not be classified as flood fringe; that the "ecological corridor" running across the properties is severely degraded and should not be used as justification to require a structure plan; and that sewer should not be required prior to development of the lots. The Schedule of Submissions lists all submissions from those agencies, landowners and stakeholders that made submissions during the consultation period, along with a City staff response to the comments offered.

DETAILS

Scheme Amendment No.127 is one of six Scheme Amendments initiated by Council in accordance with the HEASP. Scheme Amendment No.127 only involves land located within ‘Precinct 2B’ of the HEASP. The subject site is bounded by the Helena River to the east, Regional Reserve (Parks and Recreation) to the north, and the core Hazelmere Industrial area, to the west across Stirling Crescent and on adjoining land to the south.

The proposal is to rezone the landholdings in this area from ‘General Rural’ to ‘Special Use Zone’. This is specifically aimed at requiring the preparation of a Local Structure Plan for the subject land, prior to further development and subdivision of the land for light industrial and institutional uses, as well as to accommodate any further foreshore reserve requirements.

The City has considered the relative planning merits of the proposal as well as key issues raised and these are addressed under the following headings.

Compliance with the Metropolitan Region Scheme (MRS) and the Hazelmere Enterprise Area Structure Plan (HEASP)

The gazettal of MRS Amendment No.1251/57 from ‘Rural’ to ‘Urban’ has made the current ‘General Rural’ zone under the LPS17 inconsistent with the new ‘Urban’ zone under the MRS. As a statutory requirement under Section 123 of the Planning and Development Act 2005, the City is obligated to amend the zoning under LPS17 in a manner that is consistent with the MRS ‘Urban’ zone.

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Page 8: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

The proposal to rezone the subject land to ‘Special Use Zone’ is compatible with the objectives and intent of the underlying ‘Urban’ zone under the MRS and the recommendations of the HEASP to:

• ‘Rezone from ‘Rural’ to ‘Urban’ under the MRS; and

• Rezone from ‘General Rural’ to ‘Special Use Zone’ under LPS 17 to ensure the requirement of a local structure plan.

For this reason, the proposed Scheme Amendment No.127 is considered to comply with the strategic intent for the locality.

The ‘Special Use Zone’ and Requirements for a Local Structure Plan.

The objectives of the Special Use Zone are to –

a) provide for specific uses or combination of uses in circumstances where the uses have particular locational and development requirements for which a generic zoning is unsuitable;

b) facilitate the development of strategically important facilities that cannot be satisfactorily provided for within any of the generic zones, and to ensure compatibility with adjacent development.

It is considered that the ‘Special Use Zone’ is the most appropriate zone for the following reasons:

• The zone can be tailored to observe the Land Use Intent and Development Requirements detailed in the Hazelmere Enterprise Area Structure Plan (HEASP).

• A structure plan in a 'Special Use Zone' can provide for a specific combination of uses that cannot be satisfactorily provided for within any other generic zone and therefore this is considered the most suitable zone for Precinct 2B.

• Due to the access and environmental sensitivities of the site, it is desirable to clarify the types of development the Local Government may consider granting approval for, prior to approval of a local structure plan. Unlike other structure planning zones, a 'Special Use Zone' is preferred, as it allows these requirements to be directly inserted into the Scheme text.

• The HEASP identifies a range of environmental and servicing considerations and constraints for Precinct 2B which need to be considered in more detail. These include:

o The lack of reticulated sewer; o Limitations for stormwater discharge; o Wetland and Foreshore management; o Flora and Fauna Investigations; o Delivering public access to the adjoining Helena River 'Parks and Recreation'

regional reserve; and o Consideration of a hard interface between the 'Special Use Zone' land and the

'Parks and Recreation' regional reserve.

The need for a structure plan was discussed in detail at the Ordinary Council Meeting on 20 May 2015 and key arguments are repeated below.

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Page 9: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

Need to coordinate wastewater services The on-site disposal of effluent on this site is not encouraged, due to the high water table, the excessive clay content of the soil, and the site's proximity to the Helena River. The site is low-lying compared to the rest of the Hazelmere Enterprise Area and in sections, the water table is above the surface. While it may be possible to propose "Restricted Use" provisions to limit light industrial development until the land is connected to reticulated sewer (as is contemplated for the adjoining Amendment 84 for Precinct 1), this is not recommended as it will promote an ad-hoc approach to development of land which is less suitable for onsite effluent disposal than the Amendment 84 area. Having a master plan to coordinate wastewater services is preferred, as it will lessen the risk of new sources polluting the Helena River. To realise the potential of the site for future light industrial development, reticulated sewer options should be promoted and considered in a holistic manner. A local structure plan is the best mechanism for achieving this outcome, as it can have legal effect over multiple land parcels, instead of relying on landowners to coordinate between themselves. Access and environmental issues There is a need to coordinate access arrangements for the three lots, due to a number of existing constraints.

• The 'Urban' portion of Lot 25 (the portion subject of this amendment) doesn't have any legal frontage to a road. It is situated behind the portion of Lot 25 zoned 'Industry' under the Metropolitan Region Scheme (MRS). It is questionable how the 'Urban' portion of land can be subdivided and accessed, if this is not coordinated with the other 'Urban' land parcels.

• The Helena River Foreshore Definition Study (August 2010, prepared by AECOM) found that part of the flood fringe extends into Lot 23, splitting it into two. Consequently, it is questionable whether all the 'Urban' zoned land can be developed for light industrial purposes. It is uncertain how the rear section of Lot 23 can be developed if development is not supported by the relevant water agencies, and/or if it is not possible to coordinate access with the adjoining 'Urban' land parcels.

• There is an existing "Resource Enhancement" wetland on part of the site near to Stirling Crescent. If the relevant state agencies seek to limit roads or other access through the wetland core, this could further complicate how the rear portions of Lots 23 and 24 can be developed.

• These complications make it undesirable to allow subdivision and development without a holistic strategy for Lots 23-25. They also demonstrate that further site investigations are required to establish the ecological and hydrological importance of the wetland and flood fringe areas. The outcome of these investigations will inform planning for future development.

• A structure plan can guide and control how the entire site should be accessed and filled. This will best avoid a situation where the subdivision and/or development of one land parcel could prejudice and/or adversely affect the development potential and/or environmental attributes of another landholding.

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Page 10: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

The issues outlined above generally concur with those raised through submissions within the consultation process. The structure plan provisions in Part 5A.1 of Local Planning Scheme No.17 allow for these detailed site investigations, including the other issues raised by submitters, to take place before the subdivision and development of the land can proceed in earnest. So these matters do not need to be determined at this time and will be subject of a future planning report and advertising processes. If these issues are not addressed or the Council or the WAPC is not satisfied with how they are addressed in a future structure plan, the provisions under Clause 5A.1.6 of LPS17 provide grounds for the responsible authority to refuse or request modifications.

Accordingly, it is considered that the proposed 'Special Use Zone' and its requirement for a Local Structure Plan in accordance with Part 5A.1 of LPS 17 is acceptable without further modification and therefore adoption is recommended.

OPTIONS AND IMPLICATIONS

The only discretion open to Council are the particulars of the new zone. It cannot resolve not to initiate a Scheme Amendment because Section 123 of the Planning and Development Act 2005 binds Council to make decisions that ensure Local Planning Scheme No.17 is consistent with the Metropolitan Region Scheme.

Option 1: Council may resolve to adopt Amendment No.127 for final approval without modifications, as per the staff recommendation.

Implications: The Minister for Planning will take the Council’s adoption of the amendment and the submissions received into consideration as part of his decision on the Amendment.

This is the recommended option.

Option 2: Council may resolve to not adopt Amendment No.127 for final approval on the grounds that it believes that a local structure plan should not be required, and to instead investigate the potential to rezone the site to 'Light Industrial'.

Implications: This is going against previous decisions of the Council, in endorsing the HEASP (endorsed by Council 28 Sept 2011); and in resolving that a structure plan should be required for this area of land and consequently initiating Amendment No.127 (as initiated 20 May 2015), to rezone the 'Urban' portion of Lots 23, 24 and 25 Stirling Crescent to a 'Special Use Zone' requiring a structure plan to guide subdivision and development for light industrial purposes.

There is strong potential that allowing uncoordinated subdivision and development on these lots would mean that environmental, access and servicing issues on the three lots are not satisfactorily addressed.

The WAPC has granted an extension until 4 November 2015, for Council to consider submissions on this amendment, and notice of Council's decision is required within 28 days of Council's resolution on final approval. The City will not be able to meet its obligations in this regard.

This is not the recommended option.

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Page 11: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

CONCLUSION

Section 123 of the Planning and Development Act 2005 binds the Council to make decisions that ensure the Local Planning Scheme No.17 (LPS17) is consistent with the Metropolitan Region Scheme (MRS).

The gazettal of MRS Amendments No.1251/57 to No.1256/57 pertaining to the Hazelmere area require that Council initiate this Amendment (and others that were initiated at the 17 December 2014 Council meeting). Proposed Local Planning Scheme Amendment No.127 ensures Local Planning Scheme No.17 is consistent with the MRS as required by law.

The amendment was advertised in accordance with the provisions of the Town Planning Regulations 1967 for a period of 42 days. Fifteen submissions were received, including only 1 objection. The remaining 14 do not object with general comments also made.

In the opinion of the City, none of the issues raised by submitters is of fundamental concern to the final adoption of this amendment, or require it to be modified. The matters raised can be addressed through future stages of the planning process.

Final adoption of the Amendment No.127 without modification is recommended.

ATTACHMENTS

1. Location Plan

2. ‘Existing’ and ‘Proposed’ Scheme Map;

3. Precinct 2B – Hazelmere Enterprise Area Structure Plan; and

4. Schedule of Submissions

STRATEGIC IMPLICATIONS

The Amendment is consistent with the recommendations of the Hazelmere Enterprise Area Structure Plan which complies with the strategic intent for the locality, and what is permitted by the underlying MRS zone.

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Local Planning Scheme Regulations 2015

Metropolitan Region Scheme

Local Planning Scheme No.17

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Page 12: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

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Page 13: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

RECOMMENDATION

That the Council resolve to:

1) Adopt Amendment No.127 to the City of Swan Local Planning Scheme No.17 for final approval without modification by:

a) Rezoning the following lots from ‘General Rural’ to ‘Special Use Zone':

Lot 23 on Plan 4556 Stirling Crescent; Portion of Lot 24 on Plan 4556 Stirling Crescent; Portion of Lot 25 on Plan 4556 Stirling Crescent, Hazelmere.

b) Modifying the Scheme Maps accordingly.

c) Inserting a new ‘Special Use Zone No.18’ with the following text into Schedule 4 – Special Use Zones:

No. Description of Land

Special Use Conditions

18 Lot 23 on Plan 4556 Stirling Crescent;

Portion of Lot 24 on Plan 4556 Stirling Crescent;

Portion of Lot 25 on Plan 4556 Stirling Crescent, Hazelmere.

The land uses as specified in an adopted local structure plan consistent with the Land Use Intent detailed for Precinct 2B "Helena River" within the Local Government and WAPC approved Hazelmere Enterprise Area Structure Plan Report.

1. Subdivision and development shall be in accordance with a Structure Plan prepared and approved in accordance with the provisions of Part 5A of the Scheme.

2. A Structure Plan shall include all lots within this Special Use Zone and be prepared and approved prior to any additional land use, development proposal or subdivision of a lot, with the exception that the Local Government may consider granting an approval for the following land use, development or subdivision, without the prior requirement for a Structure Plan:

a) Single House and associated residential structures and activities such as a Home Business; Home Occupation; Home Office; Home Store on a lot, or

b) minor lot boundary changes.

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Page 14: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

3. The Structure Plan is required to observe the Land Use Intent and Development Requirements as detailed within Precinct 2B "Helena River" within the Local Government and WAPC approved Hazelmere Enterprise Area Structure Plan.

4. The Structure Plan is to demonstrate the extent of land capable of sustaining the proposed land uses and identify the appropriate setbacks and indicative interface treatments to:

a. Any "Resource Enhancement" or "Conservation" category wetlands requiring retention, and;

b. the Helena River foreshore, observing the requirements identified in the Helena River Foreshore Definition Study.

2) Forward the Amendment No.127 documentation, together with the schedule of

submissions, to the Western Australian Planning Commission with a request that the Minister for Planning endorse it for gazettal without modification.

3) Advise those who lodged a submission of Council’s decision accordingly.

CARRIED

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Ordinary Meeting of Council 4 November 2015

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Page 16: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 17: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 18: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 19: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 20: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 21: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 22: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 23: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 24: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 25: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 26: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Page 27: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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Ordinary Meeting of Council 4 November 2015

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Ordinary Meeting of Council 4 November 2015

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Ordinary Meeting of Council 4 November 2015

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Page 31: Final Adoption of Amendment No.127 to Local Planning ... - REZONING LOT 23 STIRLING CRESCENT AND PORTIONS OF LOTS 24 AND 25 STIRLING CRESCENT, HAZELMERE TO IMPLEMENT PRECINCT 2B ("HELENA

Ordinary Meeting of Council 4 November 2015

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