MINUTES Planning and Engineering Services Committee Meeting - Held on Monday 20 February 2023 at 4:00pm City of Rockingham Council Chamber
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MINUTES Planning and Engineering Services Committee Meeting Held on Monday 20 February 2023 at 4:00pm City of Rockingham Council Chamber
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 2 City of Rockingham Planning and Engineering Services Committee Minutes Monday 20 February 2023 CONTENTS 1. Declaration of Opening 4 2. Record of Attendance/Apologies/Approved Leave of Absence 4 3. Responses to Previous Public Questions Taken on Notice 5 4. Public Question Time 6 5. Confirmation of Minutes of the Previous Meeting 6 6. Matters Arising from the Previous Minutes 6 7. Announcement by the Presiding Person without Discussion 6 8. Declaration of Member’s and Officer’s Interest 6 9. Petitions/Deputations/Presentations/Submissions 6 10. Matters for which the Meeting may be Closed 6 11. Bulletin Items 6 Planning and Development Services Information Bulletin - February 2023 6 Asset Services Information Bulletin - February 2023 6 12. Agenda Items - Planning and Engineering Services Committee Planning and Development Services 11 PD-001/23 Annual Meeting of Electors 21 December 2022 Resolution: Tree Conservation 11 PD-002/23 Tender T22/23-10 - Provision of Services for the Preparation of the Karnup District Structure Plan 21 PD-003/23 Proposed Planning Policy 3.1.2 - Local Commercial and Activity Centres Strategy 29 PD-004/23 Request to Transfer Management Order - Proposed Rockingham Industrial Zone Conservation Area 37 PD-005/23 Proposed Demolition of Single House (Heritage List) 43 PD-006/23 Proposed Demolition of Former Rockingham Fire Station (Heritage List) 52 PD-007/23 Proposed Scheme Amendment No.190 - Rezoning from ‘Rural’ to ‘Special Rural’ and ‘Special Residential’ 63 PD-008/23 Annual Electors Meeting 21 December 2022 Resolution: Same Day Delivery 64 PD-009/23 Annual Electors Meeting 21 December 2022 Resolution: Development Signage 69 Asset Services 75 AS-001/23 Annual Electors Meeting 21 December 2022 Resolution - Peace Pavilion 75 AS-002/23 T22/23-29 Delegated Authority - Provision of Services for the Maintenance Dredging of Point Peron Boat Ramp Harbour Facility (Absolute Majority) 81 Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 3 13. Reports of Council Members 85 14. Addendum Agenda 85 15. Motions of which Previous Notice has been given 85 16. Notices of Motion for Consideration at the Following Meeting 85 17. Urgent Business Approved by the Person Presiding or by Decision of the 85 Committee 18. Matters Behind Closed Doors 85 19. Date and Time of Next Meeting 85 20. Closure 85 Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 4 City of Rockingham Planning and Engineering Services Committee Minutes Monday 20 February 2023 - Council Chamber 1. Declaration of Opening The Chairperson declared the Planning and Engineering Services Committee meeting open at 4:02pm and welcomed all present. Acknowledgement of Country The Chairperson noted that the City of Rockingham acknowledges the Traditional Owners and Custodians of this land, the Binjareb and Whadjuk Nyoongar peoples and their continuing connection to the land, waters and community. We pay our respects to all members of Aboriginal communities and their cultures; and to Elders past and present. 2. Record of Attendance/Apologies/Approved Leave of Absence 2.1 Council Members Cr Hayley Edwards (Deputy Mayor) Chairperson Mayor Deb Hamblin Cr Lorna Buchan (arrived 4:11pm) Cr Dawn Jecks Cr Mark Jones Cr Brett Wormall 2.2 Executive Mr Michael Parker Chief Executive Officer Mr Peter Ricci Director Planning and Development Services Mr Sam Assaad Director Asset Services Mr Peter Doherty Director Legal Services and General Counsel Mr Brett Ashby Manager Strategic Planning and Environment Mr James Henson Manager Land and Development Infrastructure Ms Erica King Manager Health and Building Services Mr David Caporn Manager Compliance and Emergency Liaison Mr Mike Ross Manager Statutory Planning Mr David Banovic A/Manager Major Planning Projects Mr Ian Daniels Manager Infrastructure Project Delivery Mr Manoj Barua Manager Technical Services Mr Tony Bailey Manager Operations and Fleet Services Mr Adam Johnston Manager Parks Services Mr Jim Olynyk, JP Manager Governance and Councillor Support Ms Melinda Wardle EA to Director Planning and Development Services Ms Alana Allen EA to Director Asset Services 2.3 Members of the Gallery: 4 2.4 Apologies: Nil 2.5 Approved Leave of Absence: Nil Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 5 3. Responses to Previous Public Questions Taken on Notice 3.1 Mr James Mumme, Shoalwater - AS-015/22 - Penguin Road/Watts Road Bus Terminus Relocation At the Planning and Engineering Services Committee meeting held on 12 December 2022, Mr Mumme asked the following questions that were taken on notice and the Director Asset Services provided a response in a letter dated 15 December 2022 as follows: Question 1. In view of the facts that the distribution of letters was inadequate and in view of the actual response when the community turned out en masse at a privately organised meeting, will Council undertake to examine how to more effectively consult with the community? Response The City’s community engagement policy has been reviewed and covers the requirements for engagement for this type of project. Question 2. Size of buses is clearly a stumbling block to many solutions. Would Council explore with the PTA investment in smaller buses more suited to patronage on the three routes? This could result in fuel savings and better traffic management. Response The PTA operate standard bus sizes across the network and determine which buses are allocated to specific routes. Question 3. What exactly are “sight distance requirements” for nearby intersections? Response There are two requirements, being the safe intersection sight distance and stopping sight distance. These requirements are outlined in Australian Standards and Austroads Guidelines and the distance is based on the speed limit of the road. The requirement seeks to ensure that there is a safe clear line of sight for divers so that they can make appropriate and safe decisions about when to turn or to stop at an intersection. Question 4. Options 4, 5, 6, 7 and 8 refer to “The future location of a discovery centre…in close proximity to Mersey Point provide an opportunity to revisit locations…” How can Council seriously state this in view of the community’s vociferous response to having one bus stop at Mersey Point let along having two developments there? Response If the State Government proceeds to locate the discovery centre in the mainland there is likely to be a need to review and revise the parking requirements but it is appropriate to raise this as a possibility in the report. Question 5. Regarding option 1, one objection was that there would be a loss of “green space” in the area. Since most of the green space there is grass, would council not consider that there is a significant difference between native bush ecology and grass from environmental viewpoints? Response The concern regarding the loss of green space is considered from an amenity and active play space point of view and this is different to other locations that considered the potential loss of an environmental asset. Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 6 4. Public Question Time 4:04pm The Chairperson opened Public Question Time and invited members of the Public Gallery to ask questions. The Chairperson noted that this was the only opportunity in the meeting for the public to ask questions. There were none. 5. Confirmation of Minutes of the Previous Meeting Moved Mayor Hamblin, seconded Cr Jones: That Committee CONFIRMS the Minutes of the Planning and Engineering Services Committee meeting held on 12 December 2022, as a true and accurate record subject to the following amendment: Item PD-042/22 - Proposed Amendment No.184 to Town Planning Scheme No.2 - Omnibus Amendment No.11 The Officer and Committee Recommendation referred to Amendment No.176, however, it should have read Amendment No.184. Committee Voting (Carried) - 5/0 6. Matters Arising from the Previous Minutes Nil 7. Announcement by the Presiding Person without Discussion 4:04pm The Chairperson announced to all present that decisions made at Committees of Council are recommendations only and may be adopted in full, amended or deferred when presented for consideration at the next Council meeting. 8. Declarations of Members and Officers Interests 4:04pm The Chairperson asked if there were any interests to declare. There were none. 9. Petitions/Deputations/Presentations/Submissions Nil 10. Matters for which the Meeting may be Closed Nil 11. Bulletin Items Planning and Development Services Information Bulletin - February 2023 Health Services 1. Health Services Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 FoodSafe 3.2 Industrial and Commercial Waste Monitoring 3.3 Mosquito Control Program 3.4 Environmental Waters Sampling 3.5 Food Sampling 4. Information Items 4.1 Food Recalls 4.2 Food Premises Inspections Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 7 4.3 Public Building Inspections 4.4 Outdoor Event Approvals 4.5 Permit Approvals 4.6 Complaint - Information 4.7 Noise Complaints - Detailed Information 4.8 Health Approvals 4.9 Septic Tank Applications 4.10 Demolitions 4.11 Swimming Pool and Drinking Water Samples 4.12 Rabbit Processing 4.13 Hairdressing and Skin Penetration Premises 4.14 Bookings for Halls and Reserves Building Services 1. Building Services Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information Items 4.1 Monthly Building Permit Approvals - (All Building Types) 4.2 Other Permits 4.3 Monthly Caravan Park Site Approvals Compliance and Emergency Liaison 1. Compliance and Emergency Liaison Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information Items 4.1 Ranger Services Action Reports 4.2 Compliance and Emergency Liaison - Prosecutions 4.3 Building and Development Compliance 4.4 Emergency Liaison and Fire Prevention 4.5 SmartWatch Key Result Areas 4.6 Compliance Community Engagement Strategic Planning and Environment 1. Strategic Planning and Environment Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 Local Planning Strategy and New Town Planning Scheme 3.2 Local Commercial Strategy Review 3.3 Greening Plan 3.4 Lake Richmond Management Plan Implementation - Thrombolite Study 3.5 Karnup District Structure Plan 3.6 Foreshore Management Plan 3.7 Wetland Management Plan 3.8 Sustainable Transport Plan 4. Information Items 4.1 Structure Plan Assessment Status 4.2 Tree Removals - Approvals Issued Under Delegated Authority 4.3 South East Baldivis - Urban Expansion Area Land and Development Infrastructure 1. Land and Development Infrastructure Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 Managed Aquifer Recharge (MAR) - Feasibility Study 4. Information Items 4.1 Referrals Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 8 4:11pm Cr Buchan joined the Planning and Engineering Services Committee meeting 4.2 Delegated Land and Development Infrastructure Assets Approvals 4.3 Handover of Subdivisional Roads 4.4 Delegated Subdivision Engineering and Public Open Space Practical Completions 4.5 Delegated Authority to Approve the Release of Bonds for Private Subdivisional Works Statutory Planning 1. Statutory Planning Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 Review of Planning Policy 3.3.1 - Control of Advertisements 3.2 Review of Planning Policy 3.3.21 - Heritage Conservation and Development and Website Heritage Information Sheet 3.3 Proposed Planning Policy 3.3.26 - Guidelines to Establishing a Heritage List 3.4 Proposed Planning Policy 7.5 - Heritage Incentives 3.5 Small Business Approvals Program - Action Plan 4. Information Items 4.1 Subdivision/Development Approval and Refusals by the WAPC 4.2 Notifications and Gazettals 4.3 Subdivision Clearances 4.4 Subdivision Survey Approvals 4.5 Subdivision Lot Production 4.6 Delegated Development Approvals 4.7 Delegated Development Refusals 4.8 Delegated Building Envelope Variations 4.9 Subdivision/Amalgamation Recommended for Approval 4.10 Strata Plans 4.11 Subdivision/Amalgamation Refused 4.12 Development Application and Lot Production Statistics Planning and Development Directorate 1. Planning and Development Directorate Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 Rockingham Strategic Metropolitan Centre Local Planning Framework Review 3.2 Design Review Panel 3.3 Cape Peron (including Mangles Bay) Planning Investigation Area - Recommendation No.5 (Transport Needs Study) 4. Information Items Advisory Committee Minutes Committee Recommendation Moved Cr Buchan, seconded Cr Jones: That Council Members acknowledge having read the Planning Services Information Bulletin - February 2023 and the content be accepted. Committee Voting (Carried) - 6/0 Asset Services Information Bulletin - February 2023 Asset Services Directorate 1. Asset Services Directorate Team Overview 2. Human Resource Update 3. Project Status Reports Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 9 4. Information Items 4.1 Bushfire Risk 4.2 Strategic Asset Management 4.3 Clearing Permits Operations and Fleet Services 1. Operations and Fleet Services Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information Items 4.1 Building Maintenance - Operations 4.2 Building Maintenance - Buildings 4.3 Building Maintenance – Reserves 4.4 Graffiti Program 2022/2023 Infrastructure Project Delivery 1. Infrastructure Project Delivery Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information Items 4.1 Bus Shelter Replacements 4.2 Corella Place, Cooloongup - Drainage Upgrade 4.3 Dalloway Road, Port Kennedy - Drainage Upgrade 4.4 Don Cuthbertson Reserve (Cooloongup) - Replace luminaires 4.5 Larkhill Rugby and Soccer/Cricket Buildings Cool room replacements 4.6 Playground Replacements 2022/2023 4.7 Playground Rubber Softfall Replacements 2022/2023 4.8 Rae Road (Rockingham Train Station to Read Street), Rockingham – Construct Red Asphalt Shared Path 4.9 Renegade Reserve - Lighting upgrade 4.10 Reserve Barbeque Replacements 4.11 Reserve Furniture Replacements 4.12 Rockingham Arts Centre Improvements 4.13 Safety Bay Road / Settlers Avenue, Baldivis - Extend Right Turn Pocket 4.14 Safety Bay Tennis Club - Fence Replacement 4.15 Stan Twight Reserve, Rockingham - Upgrade and Extend Carpark 4.16 Warnbro Sound Avenue / Port Kennedy Drive, Port Kennedy - Construct Pre- deflections Parks Services 1. Parks Services Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 Communities Environment Program Projects 4. Information Items 4.1 CRM Statistics 4.2 Delegated Public Open Space Handovers 4.3 Contract Management - Requests for Quote and Tender 4.4 Weed Management 4.5 Reserve and POS Maintenance 4.6 Natural Area Maintenance 4.7 Bushfire Mitigation 4.8 Irrigation Maintenance 4.9 Tree Maintenance 4.10 Greening Plan 4.11 Litter Program 2022/2023 Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PAGE 10 Technical Services 1. Technical Services Team Overview 2. Human Resource Update 3. Project Status Reports 3.1 Strategic Boating Provision Plan (SBPP) 3.2 Bent Street Dredge Material - Environmental Study 3.3 Coastal Sediment Management Plan and Beach Renourishment 3.4 Footpath Defect Inspection 3.5 Rockingham Future Traffic Modelling (Traffic Counts) 4. Information Items 4.1 Delegated Authority for Temporary Thoroughfare Closure 4.2 Delegated Authority for approval of Directional Signage 4.3 Delegated Authority for approval of Heavy Haulage 4.4 Authorised Traffic Management Plans for Works on City Controlled Roads 4.5 Civil Works Program 2022/2023 4.6 Traffic investigations 4.7 Civil Maintenance Program 2022/2023 4.8 Civil Maintenance Program 2022/2023 4.9 Road Rehabilitation & Renewal Programs 2022/2023 4.10 Drainage Renewal Program Municipal Works 2022/2023 4.11 Footpath Renewal Program Municipal Works 2022/2023 4.12 Carpark Renewal Program Municipal Works 2022/2023 4.13 Delegated Authority for the payment of crossover subsidies 4.14 Asset Inspections 4.15 Verge Treatment Applications 4.16 Verge Issues 4.17 Coastal Capital Projects 4.18 Coastal Infrastructure Management Advisory Committee Minutes Committee Recommendation Moved Cr Buchan, seconded Cr Jones: That Council Members acknowledge having read the Asset Services Information Bulletin - February 2023 and the content be accepted. Committee Voting (Carried) - 6/0 Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 11 12. Agenda Items Planning and Development Services Planning and Development Services Strategic Planning and Environment Reference No & Subject: PD-001/23 Annual Meeting of Electors 21 December 2022 Resolution: Tree Conservation File No: Proponent/s: Author: Ms Sally Birkhead, Strategic Planning Consultant Other Contributors: Mr Brett Ashby, Manager Strategic Planning and Environment Date of Committee Meeting: 20 February 2023 Previously before Council: Disclosure of Interest: Nature of Council’s Role in Executive this Matter: Site: Lot Area: LA Zoning: MRS Zoning: Attachments: Maps/Diagrams: 1. Extract from Sub-Regional Planning Frameworks - Karnup 2. Extract from Sub-Regional Planning Frameworks - Southern Baldivis 3. Aerial Photo - Cervantes Avenue, North Baldivis 4. Aerial Photo - Tranby Drive, Baldivis 5. Aerial Photo - Ayres Link/Numbat Approach, Baldivis 6. Aerial Photo - Splendour Road, Baldivis 7. Aerial Photo - Bandicoot Ramble, Baldivis Purpose of Report To consider the following Resolution from the Annual Meeting of Electors held on 21 December 2022: ‘That any stand of trees that fall in the developers hands be considered as habitat for birds and other creatures. That such habitat be preserved as such in a sensitive and valued way’. Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 12 Background The Local Government Act 1995 requires Council to consider any decisions arising from the Annual Meeting of Electors, and in making a decision in response, to also provide the reason for its decision. Details The following Resolution was passed at the December 2022 Annual Meeting of Electors: Motion - Tree Conservation Moved Mary Ann Rath, Seconded Rebecca Privilege That any stand of trees that fall in the developers hands be considered as habitat for birds and other creatures. That such habitat be preserved as such in a sensitive and valued way. Carried - 22/14 The reason was provided by the proponent of the Motion: "Developers are totally clearing habitats. Cockatoos are endangered and as a human I for one want them to stay." Implications to Consider a. Consultation with the Community Nil b. Consultation with Government Agencies Nil c. Strategic Community Plan This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective contained in the Strategic Community Plan 2019-2029: Aspiration 3: Plan for Future Generations Strategic Objective: Preservation and Management of Bushland and Coastal Reserves - Encourage the sustainable management and use of the City's bushland and coastal reserves d. Policy Planning Policy No.7.2 - Local Bushland Strategy e. Financial Nil f. Legal and Statutory Key documents: Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Environmental Protection Act (1986) (EP Act) Environmental Protection Regulations 1987 (EP Regulations) Metropolitan Region Scheme (MRS) Perth and Peel @3.5 million (PP3.5) South Metropolitan Peel Sub-Regional Planning Framework (Planning Framework) State Planning Policy No.2.0 - Environment and Natural Resources Policy (SPP2.0) State Planning Policy No.2.8 - Bushland Policy for the Perth Metropolitan Region (SPP2.8) Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 13 State Planning Policy No.3.0 - Urban Growth and Settlement (SPP3.0) State Planning Policy No.3.7 - Planning in Bushfire Prone Areas (SPP3.7) and Guidelines for Planning in Bushfire Prone Areas v1.4 (Guidelines) City of Rockingham Planning Policy 7.2 - Local Bushland Strategy (PP7.2) City of Rockingham Environmental Protection - Planning Strategy 2022 (Draft) Planning Procedure 1.6 - Preparation and Assessment of Structure Plans Planning Procedure 1.23 - Environmental Assessment Planning Procedure 1.25 - Landscape Assessment g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks. Customer Service / Project management / Environment : High and Extreme Risks Finance / Personal Health and Safety : Medium, High and Extreme Risks Nil Comments Context The City of Rockingham (City) is growing at an annual rate of approximately 2.45%, with 200,000 people expected to be accommodated within the City by 2036, representing an additional 61,408 people and 24,351 dwellings (Draft Local Planning Strategy: 2023). Most of this growth will be accommodated within new urban areas zoned Urban or Urban Deferred in the Metropolitan Region Scheme or identified for future urban purposes within Perth and Peel@3.5 million and the South Metropolitan Peel Sub-Regional Planning Framework (Planning Framework). The protection of trees and other vegetation is an important objective in planning for future growth, recognised by Federal and State legislation and strategic and statutory frameworks. It is a key objective of the City’s planning policy framework, including its Local Bushland Strategy. The City’s draft Planning Strategy - Environmental Protection, to be presented to Council in March 2023 for adoption, recognises that habitat loss is a significant risk to flora and fauna within the south-west region, and the environmental policy framework can enhance the City’s environmental values. Notwithstanding this context, tree removal is an unfortunate but unavoidable consequence of land development due to road construction, earthworks, accommodating drainage and through subsequent development of new land parcels. The City’s aim is to achieve a balance between protecting significant trees and other vegetation, and support appropriate growth and development. Regional Planning Framework The Planning Framework, released in March 2018 with subsequent update in 2022, identifies land for a range of land use and development outcomes including for Urban and future urban purposes and for Regional Open Space. The State Government, in preparing the Planning Framework, undertakes detailed investigations and consults with a wide range of stakeholders, including environmental agencies and local government, in arriving at its outcomes. Environmental investigations undertaken to inform the Planning Framework resulted in several areas of land, which had previously been identified for future Urban development in the long term, being excluded from Urban Expansion in order to protect significant remnant trees and habitat in these areas. These areas, shown below, include land on the corner of Fletcher Road and Stakehill Road, Karnup, land abutting the Kwinana Freeway south of the former pine plantation land in Karnup and land located between Sixty Eight Road and Stakehill Road, in southern Baldivis (except a portion of land in the north-east corner in the vicinity of a sand quarry). Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 14 1. Extract from Sub-Regional Planning Framework - Karnup 2. Extract from Sub-Regional Planning Framework - Southern Baldivis Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 15 Following identification of land for Urban purposes at the strategic level, proponents are required to prepare proposals to rezone land under the Metropolitan Region Scheme and Local Planning Scheme, supported by the preparation of a Structure Plan. At each of these stages, the proposal must be supported by environmental investigations and areas of significant vegetation and trees identified and protected wherever possible through the design process, other than where this is not possible due to considerations such as major infrastructure, drainage and significant level changes. In the majority of cases, these areas of significant vegetation are retained within public open space and road reserves. Decision Making The City has an important part to play in the identification, protection and replanting of trees (and other vegetation) through the planning process. Officers are involved in discussions with proponents from the commencement of structure planning, and the City is a referral agency for structure plans and subdivisions. The City is not, however, the determining authority in respect to structure plans or subdivision applications - this is the responsibility of the Western Australian Planning Commission (WAPC) which makes decisions, giving due regard to the City’s comments on proposals during the statutory referral process. The City also carefully considers opportunities for the retention of trees as part of the development of community facilities; for instance the City retained approximately 3.7ha for the conservation of significant trees as part of the Baldivis District Sportsplex. Planning and Sustainability Framework The City, through its strategic and statutory planning framework, and sustainability programmes, has a number of opportunities to identify significant trees (and other vegetation) for protection through the land development process, and to ensure replanting occurs in new (and existing) urban areas. Regionally significant bushland is identified and protected by the State Government through ‘Bush Forever’ which is prepared under State Planning Policy No.2.8 - Bushland Policy for the Perth Metropolitan Region (SPP2.8). Bush Forever areas are an ‘overlay’ on the Metropolitan Region Scheme and require the site’s regionally significant bushland to be taken into consideration when assessing any application for development or land management. There is a general presumption against clearing within these areas. In many cases, Bush Forever sites are reserved 'Parks & Recreation' under the Metropolitan Region Scheme. A significant proportion of the City is set aside for conservation purposes within Regional Reserves, with approximately 57km2 reserved 'Parks & Recreation' under the Metropolitan Region Scheme, which represents 25% of the local government area. These areas protect significant trees, vegetation and other environmental values such as wetland areas. Areas considered to be locally significant are subject to the City’s adopted Planning Policy No.7.1 - Local Bushland Strategy (PP7.1) which addresses protection of significant bushland in a local context, and assists Officers in identifying areas of significant vegetation and trees from the earliest stages of the planning process. This enables the City to liaise with proponents and informs the design process. The City’s Greening Plan recognises the importance of protecting and maintaining the City’s green assets as a key element to the City’s liveability, amenity and character. It focusses on trees being retained and replanted in streetscapes and public open space. One of the key principles is that all urban environments must include street and parkland trees. This includes the requirement for Landscape Plans to form part of all Development Applications for developments such as car parks, shopping precincts and industrial areas. New plantings may include native and exotic species dependent upon likelihood of survival and to provide feeding habitat for Black Cockatoos where present. The City’s draft Planning Strategy - Environmental Protection (2022) acknowledges that areas with significant environmental attributes and green canopy on private land can be better protected and managed by strengthening the existing environmental policy framework. The Strategy recommends the preparation of a Planning Policy - Tree Protection and Planting for New Developments to protect trees on private property, wherever possible, and require provision of new trees as part of development. Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 16 Technical Investigations At the commencement of the structure planning process, proponents engage an environmental consultant to prepare an Environmental Assessment Report (EAR) which includes an assessment of existing trees and other vegetation within the subject site. Often this work also includes a Black Cockatoo habitat assessment. The outcomes of the EAR and habitat assessment inform the design process, and form part of the technical documentation supporting the Structure Plan (and the associated rezoning processes). During the structure planning process, the City has several opportunities to review and provide comments on the design - this includes consideration of tree and vegetation retention. The EAR and habitat assessment are considered by the environmental agencies through the planning process and in the context of the Federal Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), along with relevant State legislation and guidelines as part of environmental impact assessment. The EAR and habitat assessment enables significant stands and/or individual trees and other vegetation to be identified and retained where possible. Whilst it is not possible to retain all, or even a majority of trees within new urban areas, identifying the most significant (from an ecological and amenity perspective) and healthy trees early, and accommodating these within the design in areas of open space or road reserves, provides the best chance of retention in the long term. Public open space is handed over by the proponent to the City to manage following a two (2) year establishment period. Implementation Through the Structure Plan, and as a standard condition of subdivision approval, proponents are required by the City to submit a Master Plan and Landscape Plan over public open space areas, road reserves and other public realm areas, to demonstrate to the City how existing vegetation will be protected, and the nature of additional plantings and other improvements. Landscape Plans are then assessed and determined by the City as part of the subdivision clearance process in accordance with established policy and procedures. This enables the City to ensure that identified significant trees are retained and that new plantings occur in accordance with the approved plan. At the subdivision and development stage, City Officers work with proponents to ensure that trees and other vegetation identified for protection are retained wherever possible. A small selection of examples where stands of trees have been retained through this process are provided below as examples: Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 17 3. Aerial Photo - Cervantes Avenue, North Baldivis 4. Aerial Photo - Tranby Drive, Baldivis Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 18 5. Aerial Photo - Ayres Link/Numbat Approach, Baldivis 6. Aerial Photo - Splendour Road, Baldivis Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 19 7. Aerial Photo - Bandicoot Ramble, Baldivis Officer Recommendation Reason Identification, retention and replanting of trees (and other vegetation) are key objectives for the City. Through the regional planning process, the State Government seeks to protect the best quality habitat and vegetation from urban development. Whilst land earmarked for urban development will ultimately result in the loss of some trees, the City aims to achieve an appropriate balance between protecting significant trees and other vegetation, and supporting appropriate growth and development. Given the above, the Resolution is not supported for the following reasons: (i) The protection of vulnerable species is addressed through State and Federal environmental legislation, with specific processes in place for the assessment of impacts; and (ii) The protection of all stands of trees within land zoned for urban purposes is not practical, and contrary to the purpose and intent of the zone. Voting Requirements Simple Majority Officer Recommendation That Council NOT SUPPORT the following Resolution from the Annual Meeting of Electors held on 21 December 2022: ‘Any stand of trees that fall into the developers hands be considered as habitat for birds and other creatures (and) that such habitat be preserved as such in a sensitive and valued way’. Committee Recommendation Moved Cr Buchan, seconded Cr Jecks: That Council: 1. ACKNOWLEDGES the concerns of the residents raised at the Annual Meeting of Electors. 2. NOT SUPPORT the following Resolution from the Annual Meeting of Electors held on 21 December 2022: ‘Any stand of trees that fall into the developers hands be considered as habitat for birds and other creatures (and) that such habitat be preserved as such in a sensitive and valued way’. 3. NOTES that the draft Planning Strategy - Environmental Protection contains an action to prepare a new Planning Policy - 'Tree Protection and Planting in New Developments' which is intended to provide additional direction on tree preservation. Committee Voting (Carried) - 6/0 Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-001/23 PAGE 20 The Committee’s Reason for Varying the Officer’s Recommendation To acknowledge the concerns of the residents raised at the Annual Meeting of Electors held on 21 December 2022. Implications of the Changes to the Officer’s Recommendation Not Applicable Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 21 Planning Services Strategic Planning and Environment Services Reference No & Subject: PD-002/23 Tender T22/23-10 - Provision of Services for the Preparation of the Karnup District Structure Plan File No: T22/23-10 Applicant: Owner: Author: Ms Sally Birkhead, Strategic Planning Consultant Other Contributors: Mr Jake Spiteri, Senior Strategic Planning Officer Mr Brett Ashby, Manager Strategic Planning and Environment Date of Committee Meeting: Previously before Council: Disclosure of Interest: Nature of Council’s Role in Executive this Matter: Site: Karnup District Structure Plan Area Lot Area: Approximately 2,000ha LA Zoning: Development, Rural, Special Rural MRS Zoning: Urban, Urban Deferred, Parks & Recreation, Rural, Other Regional Road Reserve, Primary Regional Road Reserve, Railway Reserve Attachments: Maps/Diagrams: 1. Karnup District Structure Plan Area Purpose of Report To provide Council with details of the Tenders received for Tender T22/23-10 - Provision of Services for the Preparation of the Karnup District Structure Plan, document the results of the Tender assessment and make a recommendation to award the Tender. Details Project Overview Study Area The Karnup District Structure Plan (DSP) area (‘the study area’) is approximately 2000ha extending from Sixty Eight Road in the north to Paganoni Road in the south, and from Mandurah Road/Fletcher Road/Stakehill Road and Nairn Drive to the west, to Baldivis Road/Stakehill Road and Kwinana Freeway to the east (refer Figure 1 below). Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 22 1. Karnup District Structure Plan Area Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 23 The study area includes ‘Urban Deferred’ land on the southern side of Stakehill Road, and 130ha of land reserved ‘Parks & Recreation’. The area comprises a large proportion of fragmented landholdings of approximately 2ha in area. The balance land is predominantly zoned ‘Rural’ and ‘Special Rural’. Purpose The DSP will provide guidance for the preparation of future Regional and Local Planning Scheme Amendments and Structure Plans with respect to matters including: • The spatial layout of the Structure Plan area • Activity centres and employment • Residential areas and density targets • Regional and district infrastructure • Primary, high and private school locations • Regional, district and local open space • Road networks and public transport integration • Coordination of transport and community infrastructure • Primary infrastructure networks including service and drainage corridors, strategic utility infrastructure and telecommunications sites • Other matters considered relevant by the Council The need for a DSP results from the South Metropolitan Peel Sub-Regional Planning Framework (Framework) identifying Karnup as a key future urban growth corridor within the south-west corridor of the region. The land has been identified as a future urban cell within strategic plans dating back to the 1980’s. The Framework designates Karnup as ‘Urban Expansion Area’ to serve as a key urban growth corridor for the sub-region. The Framework identifies a number of key land uses within the DSP including: • A new District Centre • A Specialised Node as a strategic site for longer-term public uses, centrally located between Rockingham-Kwinana and Mandurah-Pinjarra, and providing for a range of regional public facilities which may include education, health and other future ancillary uses • A 50ha Regional Sporting Facility site • A future railway train station (Karnup) and transit orientated development on the Mandurah Railway Line, supported by a network of High Priority Transit Corridors and High Frequency Transit Corridors that will provide public transport connections between activity centres, population catchments, rail stations and local bus services • Various changes to the regional transport hierarchy The DSP will be informed by a range of adopted and draft strategies, policies and studies prepared by State government, and by the City, which provide context for the planning of the area, including those prepared recently to support the Local Planning Strategy. The DSP will also: • Provide a strategic land use framework to guide and coordinate the future development of the Structure Plan area • Provide opportunity for landowners and other stakeholders (along with government agencies) to provide input into the future outcomes for the study area • Provide refinement of expansion area boundaries to accommodate more detailed future planning • Coordinate the provision and planning for district infrastructure and facilities • Resolve district land use and planning issues Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 24 • Outline required changes to the Local Planning Scheme to ensure the appropriate coordination of key transport, infrastructure and other planning requirements to be addressed at subsequent stages of the planning process • Provide for a site-responsive approach to urban development that supports and enhances its surrounding context of ‘Special Rural’ development and excellent quality environmental features and topography • Guide and inform developer contribution arrangements for common infrastructure and facilities • Address the challenges presented by a highly fragmented study area Project Phases and Timeframe The project will be undertaken over five (5) phases: Phase 1: Preparation of the Background Report and Mosquito Assessment and Management Plan (further discussion on this phase is provided below) Phase 2: Preparation of Community Outcomes and Vision Report Phase 3: Preparation of Draft District Structure Plan (inclusive of all supporting documentation) Phase 4: Undertaking of Community Consultation of Draft District Structure Plan Phase 5: Final District Structure Plan The period of the contract is from the date of award until the adoption of the DSP by the Western Australian Planning Commission (WAPC), which is expected to occur by late 2025. Mosquito Management The study area borders the Serpentine River, where there are large tracts of saltmarsh providing mosquito breeding habitat. The City is currently undertaking a mosquito monitoring program to inform the preparation of a Mosquito Risk Assessment and Management Plan by the successful consultant during Phase 1 of the project. The Management Plan will identify recommendations for the DSP to reduce exposure by future residents (and other occupants of the area) to off-site mosquito breeding, and to manage possible disease risk. Following completion of Phase 1, the outcomes of the background report and Mosquito Assessment and Management Plan will be presented to the City’s Environmental Advisory Committee, Department of Planning Lands and Heritage (DPLH), Department of Health (DoH) and Council. At that time when the implications of the mosquito monitoring are understood, the project will either proceed based on the agreed scope to Phase 2 involving community consultation, or pause until such time as the implications are understood and a path forward is identified. The contract allows for the project to be terminated at that time if the implications are found to be unacceptable. Documentation The DSP will include preparation of the following documents under the Contract: • Preparation of the Karnup DSP report and plan (including opportunities and constraints mapping and an analysis of the State and local strategic and statutory planning framework, along with a range of informing documents prepared by the City) • Mosquito Risk Assessment and Management Plan • Engineering Servicing Plan • District Water Management Strategy • Bulk Earthworks Strategy • Development Contribution Arrangement Strategy • Environmental Assessment Report (including flora, fauna, wetland assessment, indigenous heritage, spring survey, black cockatoo habitat assessment) • Bushfire Management Plan • Community Engagement Strategy and process Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 25 • Landscape Masterplan • Traffic Impact Assessment (including rail noise and vibration consideration) • District Economic, Retail and Employment Strategy Tender T22/23-10 was advertised in the West Australian on Saturday, 5 November 2022. The Tender closed at 2pm, Wednesday, 14 December 2022 and was accessed immediately after the closing time. Tender Assessment A total of four (4) Tender responses were received, led by the following consultants, and with fees presented below: Niche Planning Studio - compliant and non-compliant Tenders submitted: $614,840 CDP Town Planning & Urban Design: $875,235 CLE Town Planning and Design: $939,260 Hames Sharley: $984,610 A fifth tender was received, however, it was submitted late and therefore rejected and excluded from consideration. A panel comprising Brett Ashby (Manager Planning and Environment), Sally Birkhead (Strategic Planning Consultant) and Jake Spiteri (Senior Strategic Planning Officer) undertook Tender evaluations. Evaluation of the Tenders, in accordance with the advertised Tender assessment criteria, produced the following weighted scores: Understanding Level of Price Total Tender Local Tenderer service Considerations Score Rank Requirements Content 40 Pts 30 Pts 30 Pts 100 Pts Niche Planning 17.5 20 22.9 60.4 0 4 Studio* CDP Town Planning & 35 30 16.1 81.1 0 1 Urban Design CLE 32.1 30 15 77.1 0 2 Hames Sharley 32.1 30 14.3 76.4 0 3 * Niche Planning Studio submitted an alternate proposal in its Tender submission which excluded some deliverables within the Scope on the basis that they were deemed by Niche not required to inform the DSP. The panel concluded that these deliverables are required and the alternate proposal was not assessed. Discussion on the ratings and recommended successful Tenderer is provided in the Comments section below. Implications to Consider a. Consultation with the Community Nil b. Consultation with Government Agencies Nil c. Strategic Community Plan This item addresses the Community’s Vision for the future and specifically the following Aspirations and Strategic Objectives contained in the Strategic Community Plan 2019-2029: Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 26 Aspiration 1: Actively Pursue Tourism and Economic Development Strategic Objective: Infrastructure Investment - Local, Regional and State - Lobby local, state and federal stakeholders to establish infrastructure and development opportunities for the City. Aspiration 2: Grow and Nurture Community Connectedness and Wellbeing Strategic Objective: Community Engagement - Facilitate comprehensive community engagement on issues facing the City, ensuring that residents can provide input into shaping our future. Aspiration 3: Plan for Future Generations Strategic Objective: Infrastructure Planning - Plan and develop community, sport and recreation facilities which meet the current and future needs of the City’s growing population. Strategic Objective: Responsive Planning and Control of Land Use - Plan and control the use of land to meet the needs of the growing population, with consideration of future generations. Strategic Objective: Preservation and Management of Bushland and Coastal Reserves - Encourage the sustainable management and use of the City’s bushland and coastal reserves. Strategic Objective: Liveable Suburbs - Plan for attractive sustainable suburbs that provide housing diversity, quality public open spaces, walkways, amenities and facilities for the community. d. Policy In accordance with the City’s Purchasing Policy, for purchases above $250,000, a public Tender process is to be conducted in accordance with the provision of Section 3.57 of the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996, Part 4, Division 2, Regulation 11A(1). e. Financial An amount of $500,000 has been allocated in the 2022/2023 Budget for this project. As the project will run over multiple financial years, it is proposed to have an allocation of $200,000 and $175,000 included in the 2023/24 and 2024/25 Budgets, respectively. The 2024/25 Budget may be further adjusted depending on the project timeframe within from the Tender that is awarded. f. Legal and Statutory In accordance with section 3.57 of the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996, Part 4, Division 2, regulation 11(1). ‘Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $250,000 unless sub regulation (2) states otherwise’. g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks. Customer Service/ Project management / Environment: High and Extreme Risks Finance / Personal Health and Safety: Medium, High and Extreme Risks Nil Comments Tenderers were required to address defined qualitative criteria demonstrating their expertise and ability to satisfy the required Level of Service and Understanding of Requirements. This criteria, along with the Price Consideration forms the basis of the assessment matrix. The assessment panel used this information collectively to make an informed assessment of the Tenderer’s ability to successfully deliver the contract scope. Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 27 The Tender assessment panel, which included staff with considerable recent experience in the private consulting sector, considered that the Tenders received were all within the range expected for a planning project of this size and complexity. As mentioned above, Niche Planning Studio submitted two proposals one of which was not assessed. It was also felt that the conforming Tender failed to adequately deliver or respond to a number of specified tasks within the scope. The other Tenders provided a more thorough response to the brief and demonstrated a greater level of relevant project experience and the scoring for Niche Planning Studio reflected such. CDP Town Planning and Urban Design, CLE Town Planning and Design and Hames Sharley demonstrated excellent levels of competency, capacity and understanding in each of their proposals to undertake the project. These consultancies have extensive experience in structure planning, including District Structure Planning, with planning and design generally in Western Australia, including within the City of Rockingham. The key features of the CDP submission that ultimately resulted in it being the recommended Tenderer include: • Providing a ‘point of difference’ from the other submissions by demonstrating an holistic understanding of the project, outlining a more innovative approach, considering sustainability factors and challenging a ‘business as usual’ outcome • Familiarity with the area and experience working within the City of Rockingham • A competent and highly experienced team with the nature and scope of the project including with direct, recent and relevant project experience • A strong design focus informed by technical advice • An appreciation of the broader context and significance of the area including the transit precinct (Karnup Station) • Consideration of employment generation, and alternate residential outcomes • Ability to provide informed input on Development Contribution Arrangements through experience in similar projects • Consideration of the implementation process arising out of the DSP • Confidence that the project will be undertaken and delivered comprehensively with a focus on implementation Following consideration of the submissions in accordance with the Tender assessment criteria, the consultants noted above demonstrated a capacity to undertake the works, however, the submission received from CDP Town Planning and Urban Design is considered the best value to the City and is therefore recommended as the preferred Tenderer. Voting Requirements Simple Majority Officer Recommendation That Council ACCEPTS the Tender submitted from CDP Town Planning and Urban Design for Tender T22/23-10 - Provision of Services for the Preparation of the Karnup District Structure Plan in accordance with the Tender documentation for the lump sum value of $875,235.00 (ex GST). Committee Recommendation Moved Mayor Hamblin, seconded Cr Wormall: That Council ACCEPTS the Tender submitted from CDP Town Planning and Urban Design for Tender T22/23-10 - Provision of Services for the Preparation of the Karnup District Structure Plan in accordance with the Tender documentation for the lump sum value of $875,235.00 (ex GST). Committee Voting (Carried) - 6/0 Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-002/23 PAGE 28 The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable Implications of the Changes to the Officer’s Recommendation Not Applicable Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
Planning and Engineering Services Committee Minutes Monday 20 February 2023 PD-003/23 PAGE 29 Planning and Development Services Strategic Planning and Environment Reference No & Subject: PD-003/23 Proposed Planning Policy 3.1.2 - Local Commercial and Activity Centres Strategy File No: LUP/1596 Applicant: Owner: Author: Mr Paul Compe, Senior Planning Officer - Strategic Projects Other Contributors: Mr Brett Ashby, Manager Strategic Planning and Environment Date of Committee Meeting: 20 February 2023 Previously before Council: 24 July 2018 (PD-033/18); 19 September 2022 (PD-033/22) Disclosure of Interest: Nature of Council’s Role in Executive this Matter: Site: Lot Area: LA Zoning: MRS Zoning: Attachments: 1. Schedule of Submissions 2. Draft Local Commercial and Activity Centres Strategy 3. Floorspace Recommendations Maps/Diagrams: Purpose of Report To consider draft Planning Policy 3.1.2 - Local Commercial and Activity Centres Strategy (LCACS) in light of submissions received during public consultation. Background A Local Commercial Strategy (LCS) provides guidance on planning for activity centres, by considering the retail and other commercial needs of the community and providing recommendations on the distribution of centres and commercial floorspace within the locality. Activity Centres are community focal points which include commercial, retail, higher density housing, entertainment, tourism, civic/community, higher education and medical services. Crucially, a LCS seeks to ensure an appropriate mix of centres, within a designated hierarchy, balancing smaller centres (Local, Neighbourhood and District) to provide convenient access to daily and weekly retail needs, with larger centres (Secondary and Strategic) providing for higher order retail needs and other employment opportunities. Confirmed at a Planning and Engineering Services Committee meeting held on Monday 20 March 2023 Presiding Member
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