3.2 PROPOSED DEVELOPMENT PLAN - ELLENBROOK DISTRICT …€¦ · Future development of the site will...

Ordinary Meeting of Council 10 December 2008

Cr Haynes declared a financial interest in Item 3.2 by virtue of being a recipient of a donation from LWP during her election campaign. Cr Haynes left the Chamber at 6.50pm and was absent during the whole of the debate on Item 3.2 and did not speak or otherwise participate in the decision making process.

3.2 PROPOSED DEVELOPMENT PLAN - ELLENBROOK DISTRICT CENTRE STAGE 2 - LOT 9166 THE BROADWAY, ELLENBROOK.

(Ellenbrook) (Development Services)

KEY ISSUES

• The application is for Stage 2 of the Ellenbrook District Centre Development Plan. Stage 2 of the Development Plan consists of a single lot for the purpose of "Aged or Dependent Persons Dwellings/Retirement Village" residential development.

• Stage 2 of the Development Plan was advertised according to the provisions of Local Planning Scheme No. 17, with two (2) submissions received from the public. One "do not object" and one "do not object subject to concerns being met" were received. Public consultation is detailed within the body of this report.

• The Development Plan was referred internally to City staff with a number of comments being received from Strategic Planning Services. Such comments were taken into consideration during the assessment process and are outlined in detail within the body of this report.

• The Development Plan was referred externally to various government agencies with no objection being received.

It is recommended that the Council adopt Stage 2 of the Ellenbrook District Centre Development Plan and forward the proposal to the WAPC for adoption.

AUTHORITY/DISCRETION

Local Planning Scheme No. 17, Part 5A "Structure Planning Areas" gives Council discretion to approve or refuse the Development Plan or request modifications. If adopted by Council the Development Plan will be referred to the Western Australian Planning Commission for endorsement.

BACKGROUND

Applicant: Roberts Day: Ryan Darby Owner: Landrow Ltd and 85 Spring Street Properties and DCA

Projects Pty Ltd and Martindale Pty Ltd Zoning: TPS - Special Use: Ellenbrook District Centre


MRS - Urban Strategy/Policy: Neighbourhood Planning Policy Development Scheme: n/a Existing Land Use: Vacant Lot Size: 130.7051ha Area: 5.2561ha Use Class: n/a

DETAILS OF THE PROPOSAL

The application outlines a planning framework to guide future development and subdivision of land within the Ellenbrook District Centre area. This application is the second stage of the District Centre Development Plan and deals with the creation of a 5.2561 hectare lot coded R60 for the purpose of Aged and Dependent Persons Dwellings as defined by the Residential Design Codes of Western Australia (R-Codes).

For the purposes of this report, the lot will be referred to as the "Retirement Village Site".

DESCRIPTION OF SITE

The Ellenbrook District Centre is located at the eastern boundary of Ellenbrook between Village 6 (Malvern Springs) and The Vines Resort, north of the Vale development and on the southern boundary of Bordeaux Lane.

The Retirement Village site is bordered by the District Centre's Open Space, Bowling Club and High School sites to the east and south. Future intentions for the District Centre area include lots for retail and service commercial use, to be located to the west of the Retirement Village site.

The site is currently vacant with minimal vegetation.

SITE HISTORY/PREVIOUS APPROVALS

Development Plan 11 (Stage 1) - 17 October 2007.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Development Plan 11 (Stage 1) - Approved by Council at its meeting held on 17 October 2007.


APPLICANT'S SUBMISSION

The applicant provided a report detailing the Development Plan principles, statutory framework, engineering and environmental requirements and design guidelines. The following brief points summarise the applicant's submission:

The Stage 2 development will comprise the following residential uses/activities: Aged Person’s Accommodation (over 55’s retirement village); Communal facilities to service residents (e.g. meeting hall, recreational facilities).

The key principles guiding future development and operation of the District Centre include: Integration with surrounding land uses and development; High standard of built form; and Shared pedestrian/vehicle environment achieved through quality landscaping, street trees and slow vehicle speeds.

In accordance with clause 4 of the ‘Special Use Zone – Ellenbrook’ with the LPS No. 17, development control and land use permissibility for the District Centre will be based upon the Zoning Table of LPS No. 17 in conjunction with the Zoning Classification Plan as contained in this Development Plan.

The Zoning Classification Plan depicts the location of the land use activities within the Stage 2 site of the District Centre, being ‘Residential’ with a Residential Density Coding of ‘R60’. Development standards for permissible land use shall be in accordance with the relevant requirements as contained in LPS No. 17, unless otherwise depicted on an endorsed Detailed Area Plan, prepared in accordance with 5A.1.15 of LPS No. 17.

It is proposed to provide access and egress for the site from the north-south road adjoining the western boundary. There will be two access points to ensure adequate egress in the case of an emergency. The location and design of these access points will ensure that potential traffic conflict issues with the adjacent retail site are minimised. Additional access/egress points may be constructed on the eastern and southern boundaries of the site depending on the layout of the proposed development. No vehicular access will be permitted from Bordeaux Lane.

The traffic report confirms the proposed street network has capacity to accommodate the projected traffic volumes without compromising local amenity and community safety.

An Engineering Services report has been prepared by Cossill and Webley – Consulting Engineers and appears at Appendix D. The report provides details on the following engineering issues relating to the Development Plan and provision of services:

- Access and Roads - Drainage/Sewerage - Water Supply - Site works

In support of the Ellenbrook project, comprehensive environmental assessment studies have been undertaken by RPSBBG – Environmental Management Consultants. These studies are related to protection of the Lexia Wetlands and the associated conservation area. The objective of the work is to ensure that the wetlands and vegetation are not adversely affected by groundwater fluctuation following urbanisation.


PUBLIC CONSULTATION

In accordance with Local Planning Scheme No 17, the application was advertised by the following means;

Neighbour consultation to residents within 200m of the proposed DP area;

Sign on site, located to the north of the proposed Retirement Village site;

Newspaper advertisement.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Environment and Conservation - No comments received.

Department of Planning and Infrastructure - No comments received.

Western Power - No comments received.

Water Corporation - No objection in principle.

REPORT

Planning Context:

Council, at its meeting held on 17 October 2007 approved the first stage of the Ellenbrook District Centre comprising of commercial, recreational, educational and community facilities. Within the Stage 1 Development Plan, an indicative road layout and lot design was given for the whole of the District Centre, which included medium density residential, retail and service commercial sites. These sites were not included as part of Stage 1, however were acknowledged as the likely future uses of the remaining area of the District Centre, to be considered as separate stages requiring future approval.

This application deals with Stage 2 of the District Centre site, namely the "Medium Density Residential R60 (Retirement Village)" lot. The applicant has varied slightly from the indicative plan noted in Stage 1, by prescribing a "Retirement Village" usage to the subject lot. The applicant has indicated development of this lot will be subject to the provisions of the Residential Design Codes, however clause 6.1.3, allowing a density bonus for Aged or Dependent Persons Dwellings or Single Bedroom dwellings, cannot be applied.

Future development of the site will therefore be restricted to an R60 coding, with no allowable density concessions as indicated within R-Codes clause 6.1.3. It is recommended that a condition of approval be included requiring the applicant to indicate this clearly within the Design Guidelines (Appendix B DP015) to avoid future ambiguity.


City of Swan Facility Planning officers, planning consultants for Ellenbrook and the Vale and various government bodies undertook a collaborative approach in the design and location of aspects of the Stage 1 Development Plan. The layout of the Stage 2 "Retirement Village Site" was therefore considered in some form prior to lodgement of this Development Plan and accordingly aspects such as pedestrian, vehicle access and cycle movement for the whole District Centre site were considered. Likewise, The Vale Development Plan 2 (approved by Council 7 February 2007) which is located directly south of the Ellenbrook District Centre, supports the road layout and linkages between both areas via connecting road networks.

In order to progress the development of the "Retirement Village" lot relevant planning approvals must be given in the form of a Development Plan, to be endorsed by the Western Australian Planning Commission.

Internal Referrals

The Development Plan was referred to various City officers in order to obtain professional opinions as to whether the Stage 2 should be supported.

Traffic Engineers

With respect to potential traffic issues, the applicant provided a Traffic report by Sinclair Knight Merz (SKM) detailing vehicle access, traffic generation and distribution, along with a traffic impact assessment of the site and an impact assessment on surrounding intersections. Details were also provided in relation to public transport and pedestrian/cycle access.

Upon reviewing the findings of the SKM Traffic report, the City's traffic engineers have accepted the report as reliable and find no issue with the design of the site.

Subdivision and Drainage Engineers

The City's Engineering Services reviewed the Development Plan, and returned no comment at this time. Appropriate engineering conditions will be applied when the applicant seeks subdivision approval in future.

Strategic Planning

Strategic Planning Services expressed concern with a number of aspects within the Development Plan. The applicant was given an opportunity to respond to these concerns, which are detailed below:

Strategic Services Comment:

The development of a retirement village in close proximity to facilities, services and public transport is supported under the City's Neighbourhood Planning Policy. Some more details on surrounding facilities would be beneficial. For example, what is envisaged to be the intended size (GLA) of the retail site which abuts the development?

Applicant's Response:

The surrounding recreation and educational facilities were detailed in the District Centre Stage 1 Development Plan, which has been approved by the City and endorsed by the WAPC. In respect to the retail site the City’s Commercial Centres Strategy


(Pol-C-083) identifies the retail site as a ‘Large Neighbourhood Centre’ with a floor space of between 4500m2 and 6500m2.


The Northern Link Road defines two points of access into the retail area. It is considered that the design of this road should not be finalised until such time as the retail site is further defined under its own Development Plan. Provide justification for the road linkages.


The access points into the retail site are indicative only and have been annotated as only a guide on how the retail site may be developed. Any access into the retail site will have to accord with either Australian Standards or the City of Swan’s engineering standards. It should also be noted that the development of the retail site may not occur for a number of years. In light of this it is considered unreasonable to delay the construction of this road.


Could you clarify with more detail the discussions with the Public Transport Authority (PTA) in terms of bus routes and their recommendation? Is there a designated bus stop for the area?


The discussions with the PTA were in respect to strategic planning regarding public transport for the entire Ellenbrook, Vines and Aveley locality. The route proposed in the SKM Technical Report was suggested by the PTA. The locations of bus stops are yet to be confirmed as the PTA prefers to wait until development has occurred to identify the most suitable locations.


It is noted that the pedestrian/cycle network (pg 7) is consistent with the network presented in DP Stage 1, but diverges from the pedestrian network proposed in Appendix C SKM traffic report (pg 8). Strategic Services recommends the retention of a dual use path as per the pg 8 SKM report.


The ‘Pedestrian/Cycle Network’ plan within the Development Plan document can be modified to include the additional dual use path. It is considered reasonable to deal with this modification as a condition of approval.


Design guidelines plan (Appendix B) - Vehicular access should be more defined, as it is unclear where vehicular access will be encouraged. Furthermore, what is the "major focal point" and how does this relate to the internal and external access?



Please note that the site will be developed as one complete project, similar to the existing aged persons accommodation site within the Ellenbrook Town Centre. The design for the development of this site is yet to be determined. Access into the site is therefore unable to be provided at this time. However, taking safety and permeability issues into account there will be a minimum of two vehicular access/egress points for the site. These access points will be provided in accordance with the City of Swan’s engineering standards.

The ‘major focal point’ relates to a built form element within the site which will connect and relate to the adjoining intersection to ensure integration with the District Centre. This focal point may consist of a landmark building, piece of art or meeting place.


Design guidelines plan (Appendix B) - How do the pedestrian access links connect and inter-relate with their surrounds? What are they achieving? Are they implying that these localities require pedestrian crossings? Pedestrian crossings or other traffic calming features should be proposed where required.


As the site will be developed as one complete project it is considered prudent to ensure that there is adequate pedestrian access from the site to the adjoining land uses including the retail site, bowling club and district open space. The traffic volumes on these streets are unlikely to require the installation of pedestrian crossings but we will be guided by the City’s engineering staff in this respect.


Fences and walls (Appendix B) - Fencing should be visually permeable to roads (as per R-Codes), to encourage a visual link with the centre and causal surveillance of and from the POS and school.


Dot point 1 of the Design Guidelines states ‘All fencing on the site boundaries is to comprise of masonry pillars with open style infill panels to provide for passive surveillance and overlooking’. This dot point can be amended if required.


Appendix C, Figure 3, p5 - What does the PTA say with regards to bus traffic movement in relations to the two roundabout controls on the East-West Road? Is there the need for a traffic control feature on Bordeax Lane to facilitate bus movement to perform a right-hand turn?


The proposed roads, intersections and roundabouts will be designed to meet the City’s engineering standards. These standards ensure that buses and other heavy rigid vehicles have adequate turning widths and access through these intersections and roundabouts. Traffic volumes on Bordeaux Lane do not necessitate intersection treatments to allow adequate bus movements.



How does this proposal provide for a diversity of aged housing options, as per 3.3.5(a) (below) of the City's Neighbourhood Planning Policy? References to "creating an urban and vibrant place where creative touches and visual interest enhance the overall sense of place" how does this translate to the built environment?

3.3.5(a) Providing for a diversity of aged housing options could be achieved through employing a variety of housing sizes, building heights, lot layout etc. Different road frontages could provide for different types of housing accommodation options.


The site is to be developed for independent living aged person’s accommodation and there are likely to be a diversity of housing accommodation throughout the site, similar to the existing aged person’s site in the Ellenbrook town centre (e.g. single and 2 storey homes of various sizes). Existing and proposed aged person’s facilities within Ellenbrook include:

The Bridges – Privately owned independent living aged persons retirement village with ancillary communal facilities;

Town Centre – Privately owned independent living aged persons retirement village with ancillary communal facilities;

Town Centre – Government owned independent living aged persons housing; and

Town Centre – Privately owned aged care facility with adjoining medical centre.

Upon review of the applicant's responses, Statutory Planning are satisfied that the proposal fulfils the requirements necessary for a broad brush planning framework, which is the intention of a Development Plan. Details regarding specific design of the Retirement Village site or adjoining retail site, will be considered during the development application process, for the purposes of this Development Plan, specific details on design and road access would be premature. Furthermore, the City's Traffic and Engineering Departments support the proposal and will condition any future development application according to City standards.

In relation to Public Transport and the possible issues associated with the location and impact of the proposed bus route, the applicant has indicated they have undertaken discussions with the PTA, and provided a potential bus route. This route is ultimately the jurisdiction of the Public Transport Authority and therefore the City has little control over the location of the bus stop. It is furthermore considered unreasonable to delay construction of the Northern Link road on the basis that the size of the retail area is not yet known. Upon submission of a development application for the site, traffic aspects can be reviewed in more detail taking into account the built form proposed.

Public Submissions:

Two submissions were received following the advertising process. One submission of "do not object" and one submission of "do not object subject to concerns being addressed" were received.


The concerns outlined by the submitter are addressed below, staff considered the submission and the following comments are provided in response:

Item 1:

It is not good planning to have residential properties backing onto public open space, schools, commercial developments, etc. What other options were considered for the land that backs directly onto the Trilogy Court and Taitinger Grove residential properties?

Comments:

The submitter is referring to the District Open Space site which was approved by Council on 17 October 2007 under Stage 1 of the District Centre Development Plan. It is therefore considered this comment has no bearing on the current application for Stage 2 "Retirement Village" site and therefore cannot reasonably hold up the approval of Stage 2. The submitter is advised that such comments should have been provided during the advertising of the Stage 1 District Centre Plan, where they would have had more relevance.

"Good planning" is an opinion based perspective, many would argue that the close proximity of residential housing to public open space, schools and commercial facilities would increase attractiveness of a property.

Item 2:

The Trilogy Court and Taitinger Grove residents that back onto Ellenbrook have a landscaped buffer. The landscaped buffer was planted in a hollow that is approximately 0.6 metres below the level of the remainder of the block at the property boundary. This hollow is mirrored on the Ellenbrook land and is currently used as the firebreak. The concern with this is that in its current format persons walking on the Ellenbrook land can look over the fence into our back yard. How will this matter be addressed? There are two solutions, one being the developers erect a 2.4m high fence or the developers fill in the hollow and erect a 1.8m high fence.

Comments:

Once again, this issue has no relevance to the current application for the "Retirement Village" site and therefore cannot reasonably deny approval of the Stage 2 Development Plan. Should the submitter feel concerned at the overlooking that could occur as a result of persons accessing the abutting vacant land, the responsibility rests with the property owner to construct boundary fencing, should the current fencing be considered unsatisfactory.

The landscaped buffer is considered appropriate to address the amenity concerns of noise, visual intrusion and light spill. There is no evidence to support the claim that security of adjacent residential properties will be compromised. This is essentially a policing matter which should be dealt with by the relevant authorities.

Items 3, 4 & 5:

I assume that a strip of the existing bushland between the oval and the Trilogy Court and Taitlinger Grove residential properties will remain. Will this bushland be fenced off from preventing undesirables from jumping the fence into residential properties?


Will a path be constructed around the ovals and if so on what alignment will the path be constructed?

Will the high school site be a private school or a public school site?

Comments:

With regard to items 3 and 4, the submitter is again referring to elements within the Stage 1 of the District Centre Development Plan. It is therefore considered this comment has no bearing on the current application for Stage 2 "Retirement Village" site and therefore cannot reasonably hold up the approval of Stage 2. The submitter is advised that such comments should have been provided during the advertising of the Stage 1 District Centre Plan, where they would have had more relevance.

There is no evidence to support the claim that security of adjacent residential properties will be compromised. This is essentially a policing matter which should be dealt with by the relevant authorities.

The advertising process resulted in little community comment with respect to the subject of the Development Plan, namely, the Retirement Village site. It is therefore considered that the proposal is largely supported by the surrounding community.

OPTIONS AND IMPLICATIONS

Option 1: The Council may adopt the submitted Stage 2 Development Plan unconditionally and advise the Western Australian Planning Commission accordingly. This option is not supported.

Implications: Should the proposal be supported unconditionally by the City, a number of requested modifications may be missed from the deign guidelines of the proposal, which have implications on future development approvals.

Option 2: The Council may adopt the submitted Stage 2 Development Plan subject to conditions as outlined in the Council report. This option is supported.

Implications: The Stage 2 Development Plan will be adopted subject to modifications, and will act as a strategic guide for future development. Details with respect to design will be dealt with via the development application process and therefore would not impact negatively on the general Ellenbrook community.

Option 3: The Council may decide the proposed Stage 2 is contrary to the interests of orderly and proper planning and therefore resolve to refuse the Development Plan. This option is not supported.

Implications: In considering the DP for endorsement the WAPC may agree or disagree with Council's decision. The final determination rests with the WAPC.

Furthermore, the applicant has a right of appeal pursuant to Part 14 of the Planning and Development Act 2005.


CONCLUSION

The application pertains to the Stage 2 District Centre Development Plan. The plan will guide development of the future Ellenbrook District Centre. Stage 1 of the Development Plan was approved by Council at its meeting held on 17 October 2007. Stage 2 comprises of a "Retirement Village" site, of medium density R60.

The Stage 2 Development Plan was advertised in accordance with the Scheme provisions, with two submissions being received. One submission of "do not object" and one submission of "do not object subject to concerns being addressed" was received. The issues raised were addressed in the body of this report.

The Stage 2 Development Plan is considered acceptable and is therefore recommended for Council approval, subject to the condition requesting minor modifications be made to the design guidelines of the Development Plan (Appendix B).

ATTACHMENTS

Development Plan (Appendix B Design Guidelines)

(The complete DP document is available for perusal upon request to the City's Statutory Planning section).

STRATEGIC IMPLICATIONS

Should the Development Plan Stage 2 be adopted by Council, the document will be used as a guide to the future development of the District Centre site.

STATUTORY ENVIRONMENT

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Adopt the Ellenbrook District Centre Stage 2 Development Plan being for the "Retirement Village" site located within Lot 9166 The Broadway, Ellenbrook subject to the following:


a) The Design guidelines (Appendix B) being modified to include the following statement;

"Variations to the minimum site area requirements as stipulated under clause 6.1.3 of the Residential Design Codes of WA shall not apply with respect to the development of Aged or Dependent persons dwellings on this site. R60 density requirements shall be applied to such developments. No concession will be entertained by the City of Swan."

b) The ‘Pedestrian/Cycle Network’ within the Development Plan for Stage 2 being modified to include the additional dual use path in Appendix C SKM traffic report.

Advice note:

a) The applicant is advised that the proposed use designated within the Stage 2 Development Plan is subject to the lodgement of a Planning Application to Commence Development for approval prior to commencement of works. Potential future landowners should be made aware of this requirement.

2) Upon receipt of three copies of the revised Development Plan, the documents are to be forwarded to the Western Australian Planning Commission for endorsement.

3) Advise the applicant and those who made submissions of Council's decision accordingly.

MOTION that the Recommendation be adopted.

(Cr Fardig - Cr Wainwright)

RESOLVED UNANIMOUSLY TO:

1) Adopt the Ellenbrook District Centre Stage 2 Development Plan being for the "Retirement Village" site located within Lot 9166 The Broadway, Ellenbrook subject to the following:

a) The Design guidelines (Appendix B) being modified to include the following statement;

"Variations to the minimum site area requirements as stipulated under clause 6.1.3 of the Residential Design Codes of WA shall not apply with respect to the development of Aged or Dependent persons dwellings on this site. R60 density requirements shall be applied to such developments. No concession will be entertained by the City of Swan."

b) The ‘Pedestrian/Cycle Network’ within the Development Plan for Stage 2 being modified to include the additional dual use path in Appendix C SKM traffic report.


Advice note:

a) The applicant is advised that the proposed use designated within the Stage 2 Development Plan is subject to the lodgement of a Planning Application to Commence Development for approval prior to commencement of works. Potential future landowners should be made aware of this requirement.

2) Upon receipt of three copies of the revised Development Plan, the documents are to be forwarded to the Western Australian Planning Commission for endorsement.

3) Advise the applicant and those who made submissions of Council's decision accordingly.

Cr Haynes returned to the Chamber at 6.51pm.

3.2 PROPOSED DEVELOPMENT PLAN - ELLENBROOK DISTRICT …€¦ · Future development of the site will...

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