3.6 PROPOSED ENTRY IRRIGATION LAKE - ANNIE'S LANDING - …€¦ · shown on the endorsed...
Transcript of 3.6 PROPOSED ENTRY IRRIGATION LAKE - ANNIE'S LANDING - …€¦ · shown on the endorsed...
Ordinary Meeting of Council 27 November 2013
3.6 PROPOSED ENTRY IRRIGATION LAKE - ANNIE'S LANDING - LOT 9252
BANROCK DRIVE, ELLENBROOK
Ward: (North Ward) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
KEY ISSUES
Roberts Day, on behalf of LWP Property Management, have lodged an
application for the development of a 3,535m2 irrigation lake within land to be
designated as future public open space within Village 7B of Ellenbrook.
Whilst the lake will hold 5,800kL of water, the requirements of storage for
irrigation purposes is only 1000kL. By its size and volume, the lake has been
designed principally as an ornamental entry statement for Village 7B.
Ornamental lakes are expressly prohibited by the City's adopted Landscape
Guidelines, primarily because of the high replacement and maintenance costs
they entail for the City.
In this instance the replacement cost comprises both the waterscape (liner,
geofabric, sand fill and walls) and the irrigation and recirculation pumps. The
costings provided by the applicant indicate this to be a combined total of
$1,425,000. Annual maintenance costs are $87,600. Over a twenty year
lifespan this equates to a combined cost of $3,177,000.
The above costing also excludes the opportunity cost associated with the loss
of water through surface evaporation. Daily loss is calculated to be 6,363 litres.
Annually this equates to 2322kL.
Alternative means for storage of the 1000kL required for irrigation purposes is
through above ground storage tanks - in this instance three 500kL tanks,
estimated at a cost of $275,000 per tank. Inclusive of the irrigation pump
station this equates to a total replacement cost of $860,000. Annual
maintenance costs for tanks and pump combined with maintenance of the
normally landscaped area in the absence of the lake is estimated at
approximately $31,000. Over a twenty year lifespan this equates to a
combined cost of $1,480,000.
In preference for the irrigation lake option LWP have proposed to pay the
maintenance costs for the first 8 years and, at the end of that period, make a
payment for further maintenance of $200,000. This would render the
replacement and maintenance cost to the City for this item as $2,276,200:
being $796,200 more expensive than the above ground tank option over a 20
year lifespan.
The above costs for the proposed irrigation lake clearly reinforce the basis of
Council's prohibition on ornamental lakes and water features as set out in its
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adopted Landscape Guidelines.
It is recommended that the application be refused for this reason.
AUTHORITY/DISCRETION
Council has discretion pursuant to Clause 10.3 of the Scheme to approve (with or
without conditions) or refuse applications for planning approval. If the applicant is
aggrieved with the decision of the Council a right of appeal may exist in accordance with
Part 3 of the State Administrative Tribunal Act 2004 and Part 5 of the Planning and
Development Act 2005.
BACKGROUND
Applicant: Roberts Day
Owner: 85 Spring Street Properties Pty Ltd (Directors: Robert
Dobson Millner, John Frederick Church, Francis Gerard
Gooch)
Landrow Pty Ltd (Directors: Geoffrey John Hyman
Morris, Kevin Joseph Prindiville, Jonathan Mark Morris,
Terence John Prindiville)
DCA Projects Pty Ltd (Directors: David Jacob Schwartz,
John Bryan Bond)
Martindale Pty Ltd (Directors: Malcolm James
McCusker, Thomas Andrew Lang, Vinka Bellini)
Zoning: TPS - Regional Reserve - Parks & Recreation
Special Use Zone 4
MRS - Urban
Strategy/Policy: Landscape Guidelines: Streetscapes and Public Open
Space
Development Scheme: LPS 17
Existing Land Use: Vacant
Lot Size: 60.0818ha
Use Class: N/A (Public Open Space)
DETAILS OF THE PROPOSAL
The application proposes earthworks and construction associated with an irrigation lake
at the entrance to Annie's Landing, Village 7B at Ellenbrook. The lake is proposed to
have a surface area of approximately 3,535m2 and will be limited to a maximum depth
of 2200mm.
The lake is proposed to serve multiple functions which will include providing a high
quality amenity for surrounding residents, a defining entry statement for the village and
an appropriate location for the storage and treatment of groundwater for irrigation of
landscaped areas.
The lake will be lined with a 1.0mm thick elastoseal rubber membrane, which will be
topped with a minimum of 400mm of clean white sand. A pump station is proposed to be
Ordinary Meeting of Council 27 November 2013
located to the south of the proposed lake in order to maintain water quality and allow
distribution of water from the lake for the purposes of irrigating landscaped areas within
the village. Access to the pump station will be via a service access track from a
subdivisional road to the south-east of the lake.
The design of the proposed lake incorporates a pedestrian footpath along the eastern
boundary of the lake. The pedestrian footpath will also provide access to an area of deck
to be constructed over a portion of the lake.
Several landscaping features have been proposed including shelters on the northern and
southern sides of the lake, two spillways into a separate rock lined pool to the west of
the lake and areas of lawn and retained bush within the POS surrounding the lake.
Access to the proposed lake and the surrounding POS from the south will be facilitated
via an informal path and universal access path.
The anticipated cost of development to construct the proposed lake is approximately
$1,380,000.
DESCRIPTION OF SITE
The subject site forms part of the public open space network for Annie's Landing and is
located in the south-western portion (Stage 1) of Annie's Landing, Village 7B, at
Ellenbrook.
The site is located on the southern side of the entry road into Village 7B, Banrock Drive.
The proposed lake is therefore intended to front Banrock Drive to provide an arrival
statement for people entering the village.
The property is surrounded by areas partially cleared for future development with
pockets of native vegetation in between.
SITE HISTORY/PREVIOUS APPROVALS
The Ellenbrook Village 7B Development Plan was adopted by the City of Swan at its
Ordinary Council Meeting held on 16 January 2013.
On 14 May 2013 the WAPC endorsed the aforementioned development plan subject to
modifications.
APPLICANT'S SUBMISSION
"The zoning classification plan for the endorsed Annie's Landing Development Plan
includes the subject area as a 'Recreation' classification. Development of an 'irrigation
lake' is consistent with the reservation and is therefore permissible. An 'irrigation lake' is
shown on the endorsed Development Plan, and the Stage 1 subdivision approval (WAPC
Ref: 147008), for Village 7B.
In the short term, the Annie's Landing Sales Office will be situated adjacent to the
proposed lake, on proposed Lot 8837. By virtue of this location, the lake will provide a
high quality outlook for visitors and prospective purchasers. It is noted that a separate
application for planning approval will be lodged for the Sales Office. In the long term,
pending the completion of the Sales Office function, any built form associated with the
office will be removed from proposed Lot 8837 and the land will be sold as a single
residential lot.
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To provide an appropriate interface and access to the lake from the surrounding POS and
proposed Lot 8837 (i.e. the future Sales Office), the design of the proposed lake
incorporates a pedestrian footpath along the eastern boundary of the lake. The
pedestrian footpath will also provide access to an area of deck to be constructed over a
portion of the lake.
To increase the amenity of the proposed lake and the opportunity for passive recreation,
several landscaping features have been proposed including shelters on the northern and
southern sides of the lake, two spillways into a separate rock lined pool to the west of
the lake and areas of lawn and retained bush within the POS surrounding the lake.
Extensive bore testing across Annie's Landing (Village 7B) has produced results
indicating that the quantity of groundwater is sufficient to support long term bore usage.
However, extraction rates are low meaning the water needs to be pumped out over a
period of time and stored for irrigation purposes. As a result of designing an irrigation
system that incorporates the proposed lake, a supply of groundwater can be stored and
treated, and pumped throughout the village for the purpose of irrigating landscaped
areas.
The irrigation consultant (Twist Engineering Pty Ltd) has advised that the difference
between bore output and irrigation system input dictates that a stored volume of at least
1,000kL is available for use on site. It is both aesthetically and practically inappropriate
to store this volume of water in tanks on site, and as such a lake is the most appropriate
solution to this storage issue.
On the basis the proposed irrigation lake provides both a practical solution to low
groundwater extraction rates, as well as a passive recreation function, support from the
City of Swan is considered warranted.
The endorsed Development Plan for Village 7B (Annie’s Landing) depicts two water
bodies/irrigation lakes. Only one irrigation lake is now proposed within Village 7B (the
lake within Stage 1).
It is also worth noting that the area of the irrigation lake has been reduced. The
approved Development Plan highlights a lake area of 0.43ha. Following feedback from
the City of Swan specifying a preference for a smaller area, the proposed lake has been
reduced to 0.35ha.
This reduced lake area combined with deletion of the second similar irrigation lake
(0.2ha) has resulted in a total reduction of 0.28ha. This represents 44% reduction in
the total lake areas as originally proposed in the endorsed Development Plan.
The resultant lake area 0.35ha as proposed in Stage 1, will ensure an adequate storage
of water for irrigation purposes that will not result in an excessive draw down of the
water level during the summer months. This will ensure the City of Swan does not
receive complaints from surrounding residents.”
PUBLIC CONSULTATION
The application was not required to be advertised for public comment.
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DETAILS
Zoning and Permissibility of Use
The subject land, the as of yet un-subdivided 60 hectare lot, is zoned 'Urban' under the
Metropolitan Region Scheme with portions reserved for 'Parks and Recreation'. It is
zoned 'Special Use Zone 4' under the City's Local Planning Scheme No.17 with the
regional reservations for 'Parks and Recreation' similarly reflected.
The zoning classification plan for the endorsed Annie's Landing Development Plan
includes the subject area of this application as 'Recreation' (Figure 14 - Zoning
Classification Plan).
Ultimately the subject land will, be subdivided and the portion subject of this application
ceded to the City as public open space.
Development of landscaping and recreational infrastructure within public open space
areas is consistent with the intent of the reservation.
Compliance with City's "Landscape Guidelines: Streetscapes and Public Open
Space"
The Irrigation Lake Management Plan submitted by the applicant states that although
the primary purpose of the irrigation lake will be to provide storage of groundwater in
sufficient quantities and quality of water to irrigate POS within the Village 7B
development, it will also serve to:
Enhance the recreational and visual amenity; and
Assist in the "place making” for Village 7B.
Separate to that document the applicant has contended that the irrigation lake will assist
with bushfire management.
City staff are of the view that the design of the proposed irrigation lake, its size, the
volume of water it will hold, the level of embellishment treatment to it, inclusive of
ancillary features such as the weirs and lower pond, renders its purpose more as an
entry statement than simply a storage facility.
The City’s Landscape Guidelines: Streetscapes and Public Open Space, details that the
following embellishments are among those not permitted in any Public Open Space:
New water bodies that do not serve a drainage function;
Bridges, boardwalks and viewing platforms that are not associated with a
natural or drainage body; and
Estate entry statements.
The intent of the guidelines is to prohibit the provision within public open space of
infrastructure that has been overembellished so as to be ornamental as opposed to
principally functional. Such prohibition seeks to avoid the City inheriting and being
responsible for maintaining and ultimately replacing unnecessarily costly infrastructure.
Such unnecessarily costly infrastructure places an unsustainable financial burden on the
City and therein its ratepayers.
Comparative costs
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The applicant has provided a Financial Summary of the irrigation lake relative to above
ground and below ground tank storage options (see attachment 7).
Lake
The cost table indicates the component parts of the waterscape (liner, geofabric, sand fill
and walls) and the irrigation pumps. The costs provided by the applicant indicate this to
be a combined total of $1,425,000. Annual maintenance costs are $87,600. Over a
twenty year lifespan this equates to a combined cost of $3,177,000.
Tanks
The applicant has costed two alternative storage arrangements; above and below ground
tanks. These comparative costings assume provision of three 500kL concrete tanks to
hold the required 1000kL of water and surplus capacity for initial irrigation and as a
contingency for extreme conditions. Provision of these tanks above ground comes to
$825,000, being $275,000 per tank. Both storage tanks options require the irrigation
pump - costed at $35,000, therefore generating a combined cost of $860,000. Below
ground the three tanks cost $1,189,000 and a combined cost with pump is $1,224,000.
The annual maintenance cost for the tanks has been estimated at $5000 per tank with
pump maintenance at $16,000 per year. Inclusive of the cost to maintain the
landscaping of the land area without the irrigation lake ($10,000 pa) the combined
annual maintenance cost is $31,000 pa. Over a 20 year lifespan the total maintenance
cost for both above and below ground tank options is $620,000.
Over a twenty year lifespan this equates to a combined cost of $1,480,000 for above
ground tanks and $1,844,000 for below ground tanks.
In preference for the irrigation lake option, LWP have proposed to pay the maintenance
costs for the first 8 years and, at the end of that period, make a payment for further
maintenance of $200,000. This would render the replacement and maintenance cost to
the City for the irrigation lake as $2,276,200 or $113,800 per year over the 20 years.
The difference between the irrigation lakes with LWP's contribution and the cheapest
alternative storage option - above ground tanks - is $796,200 over the 20 years, or
$39,810 per year.
Clearly it can be seen that, notwithstanding LWP's offer, the estimates point to a
significant difference in cost between the above ground tanks and their favoured
irrigation lake. It is accepted that the proposed irrigation lake option can create a feature
of some aesthetic value that will enhance the visual amenity and likely the enjoyment of
the estate by future residents. Comparatively storage tanks are purely functional and
will not contribute such aesthetic. The City's adopted policy however makes no such
distinctions and is pragmatically weighted towards achieving a prudent fiscal balance in
the provision of infrastructure within its streets and parks. Accordingly it is
recommended the application be refused.
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OPTIONS AND IMPLICATIONS
Option 1: That Council resolves to:
1) Approve the proposed entry irrigation lake on Lot 9252 Banrock
Drive Ellenbrook, subject to the following conditions:
1. Prior to any works commencing onsite, the developer is to formalise
arrangements for the provision to the City of the $200,000
maintenance payment extended as part of this application.
2. All stormwater is to be collected and contained onsite. No
stormwater is to be discharged from the property into other land or
reserves. Stormwater drainage plans are to be included at
submission of Building Permit application.
3. The development shall comply with the City of Swan Irrigations
Specifications.
4. This development shall comply with The City of Swan Landscape
Guidelines.
5. The irrigation lake is to be maintained by the developer for a period
of eight years (8) years from the practical completion during which
time any design faults shall be rectified.
6. All water licences and the appropriate water allocation are to be
handed over to the City of Swan via the Department of Water prior to
the City of Swan accepting handover.
7. All footpaths are to be installed in accordance with STD 103-1S in
line with civil standards which includes a 150mm edge thickening.
8. Root Barriers are to be installed in all situations where trees are to
be planted within 1.8 meters of walls or other impermeable surfaces,
as outlined in the City’s Landscape Guidelines.
9. Upon completion of works the developer is to arrange for a safety
inspection by the relevant suitable agency and is to provide a report
to the City on such inspection certifying the irrigation lake does not
pose a safety risk to the public.
10. Any additional Development, which is not in accordance with the
application or any condition of approval, will require further approval
by Council.
ADVICE NOTES:
a. This is a Development Approval of the City under its Local Planning
Scheme No. 17. It is not a building permit or an approval to
commence or carry out development under any other law. It is the
responsibility of the applicant to obtain any other necessary
approvals, consents and licenses required under any other law, and
to commence and carry out development in accordance with all
relevant laws.
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b. Development may be carried out only in accordance with the terms
of the application as approved herein and any approved plan.
c. In accordance with the Building Act 2011 and Building Regulations
2012, a Building Permit application must be submitted to, and
approved by the City’s Principal Building Surveyor prior to any
construction or earthworks commencing on site.
d. This approval is not an authority to ignore any constraint to
development on the land, which may exist through contract or on
title, such as an easement or restrictive covenant. It is the
responsibility of the applicant and not the City to investigate any
such constraints before commencing development. This approval will
not necessarily have regard to any such constraint to development,
regardless of whether or not it has been drawn to the City’s
attention.
e. Take notice that it is the responsibility of the applicant to advise the
landowner(s) and/or builder(s) of the need to satisfy the
requirements of the conditions of the planning approval for the
subject lot, prior to or on lodgement of Building Applications. The
City will not issue a Building Permit until all the conditions of
planning approval and any other requirements pertaining to this
planning approval have been met (including payment of fees and
charges).
f. To enable your Building Permit Application to be assessed promptly,
please ensure a complete application is submitted to the City.
g. To assist in preparing a complete Building Permit Application refer to
the City of Swan Website (www.swan.wa.gov.au) and follow the links
to Building Services Applicant Checklists.
h. If you require assistance, please contact Customer Services on 9267
9267.In accordance with the Health Act 1911 and the Health
(Treatment of Sewage and Disposal of Effluent and Liquid Waste)
Regulations 1974, an application to construct an off-site effluent
disposal system must be submitted to, and approved by, the City's
Principle Environmental Health Officer, prior to the construction of
such a system.
i. The Developer must ensure that compliance with the access and
facilities for disabled requirements of the Building Code of Australia
and all other relevant Australian Standards in respect of access and
facilities for the disabled are met.
j. Kerbs, roadways, footpaths, open drains, stormwater pits, service
authority pits, and nature strips must be adequately protected during
construction of the development.
k. The noise generated by activities on-site, including machinery motors
or vehicles is not to exceed the levels as set out under the
Environmental Protection (Noise) Regulations 1997.
l. All development works are to be carried out in accordance with
control of noise practices set out in Section 6 of AS 2436-1981 or the
equivalent current Australian Standard.
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m. No works shall commence prior to 7.00 am without the City’s
approval.
n. The carrying on of the development must not cause a dust nuisance
to neighbours. Where appropriate such measures as installation of
sprinklers, use of water tanks, mulching or other land management
systems should be installed or implemented to prevent or control
dust nuisance, and such measures shall be installed or implemented
within the time and in the manner directed by the City’s Principal
Environmental Health Officer if it is considered that a dust nuisance
exists.
This is not the recommended option.
Implication: The applicant will be able to proceed with the construction of the proposed
irrigation lake. The City will be liable for the cost associated with it once
the infrastructure is handed over to the City.
Option 2: That Council resolves to:
1) Require the applicant to enter into a legal deed with the City to make
provision for a payment to the City of $1,200,000 to be payable at
the end of the developers maintenance period; such monies to be
held by the City in a reserve account for the purpose of:
i. funding ultimate replacement cost of the infrastructure; and
ii. utilising accrued interest to meet the annual power costs
associated with the maintenance of the recirculation pump,
having regard to the extended lifespan of the lake infrastructure
and the likelihood of rising power costs over time.
2) Subject to the fulfilment of the arrangements in 1) above, delegate
to the Chief Executive Officer authority to approve the proposed
entry irrigation lake on Lot 9252 Banrock Drive, Ellenbrook, subject
to the following conditions:
1. All stormwater is to be collected and contained onsite. No
stormwater is to be discharged from the property into other
land or reserves. Stormwater drainage plans are to be included
at submission of Building Permit application.
2. The development shall comply with the City of Swan Irrigations
Specifications.
3. The development shall comply with The City of Swan Landscape
Guidelines.
4. The irrigation lake is to be maintained by the developer for a
period of eight years (8) years from the practical completion
during which time any design faults shall be rectified.
5. All water licences and the appropriate water allocation are to be
handed over to the City of Swan via the Department of Water
prior to the City of Swan accepting handover.
Ordinary Meeting of Council 27 November 2013
6. All footpaths are to be installed in accordance with STD 103-1S
in line with civil standards which includes a 150mm edge
thickening.
7. Root Barriers are to be installed in all situations where trees are
to be planted within 1.8 meters of walls or other impermeable surfaces, as outlined in the City’s Landscape Guidelines.
8. Upon completion of works the developer is to arrange for a
safety inspection by the relevant suitable agency and is to
provide a report to the City on such inspection certifying the irrigation lake does not pose a safety risk to the public.
9. Any additional Development, which is not in accordance with
the application or any condition of approval, will require further approval by Council.
This is not the recommended option.
Implications: The applicant may not agree to the arrangements whereupon the matter
of a deemed refusal may arise, with subsequent application for a Review
by the State Administrative Tribunal.
Conversely the arrangement will ensure for the most part that cost of this
infrastructure will not be charged to the public.
Option 3: That Council resolves to:
1) Refuse the proposed entry irrigation lake on Lot 9252 Banrock Drive,
Ellenbrook for the following reasons:
1. The proposed irrigation lake is a water feature with no drainage
function and its size, volume and level of embellishment are
intended for it to serve as an entry statement for the estate,
which directly contravenes the City's adopted policy "Landscape Guidelines: Streetscapes and Public Open Space".
2. The size, volume and level of embellishment of the proposed
infrastructure will impose on the City an unnecessarily high
replacement and maintenance cost (estimated at $3,177,000
over 20 years) relative to estimates of such costs for other
infrastructure (tanks) that may fulfil the purpose of water storage.
3. As a means of storage of water for the purposes of irrigation of
lands within the Ellenbrook Village 7B estate, the loss of
quantities of water through surface evaporation is not
considered to be consistent with the conservation of scare water resources.
This is the recommended option.
Implication: The applicant will have a right of appeal to the State Administrative
Tribunal.
CONCLUSION
Roberts Day, on behalf of LWP Property Management, have lodged an application for the
development of a 3,535m2 irrigation Lake/estate entry statement for Village 7B in
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Ellenbrook. The proposed irrigation lake/estate entry statement is contrary to the City’s
adopted Policy "Landscape Guidelines: Streetscapes and Public Open Space" and entails
unnecessarily high replacement and maintenance costs that will place an unsustainable
financial burden on the City and its ratepayers.
Refusal is recommended.
ATTACHMENTS
Attachment 1 – Location Plan
Attachment 2 – Lake Landscape Design
Attachment 3 – Lake Levels and Grading
Attachment 4 – Lake Hard Works
Attachment 5 – Lake Cross Sections
Attachment 6 - Lake Earthworks
Attachment 7 – Financial Summary
STRATEGIC IMPLICATIONS
Nil
STATUTORY ENVIRONMENT
Planning and Development Act 2005
Local Planning Scheme No. 17
Part 8 - Development of land
Part 10.2 - Matters to be considered by Local Government
Landscape Guidelines: Streetscapes and Public Open Space
FINANCIAL IMPLICATIONS
Nil
VOTING REQUIREMENTS
Simple Majority
Ordinary Meeting of Council 27 November 2013
RECOMMENDATION
That Council resolve to:
1) Refuse the proposed irrigation lake/estate entry statement on Lot 9252 Banrock
Drive Ellenbrook for the following reasons:
1) The proposed irrigation lake is a water feature with no drainage function and
its size, volume and level of embellishment are intended for it to serve as an
entry statement for the estate, which directly contravenes the City's adopted
policy "Landscape Guidelines: Streetscapes and Public Open Space".
2) The size, volume and level of embellishment of the proposed infrastructure
will impose on the City an unnecessarily high replacement and maintenance
cost (estimated at $3,177,000 over 20 years) relative to estimates of such
costs for other infrastructure that may fulfil the purpose of water storage.
3) As a means of storage of water for the purposes of irrigation of lands within
the Ellenbrook Village 7B estate, the loss of quantities of water through
surface evaporation is not considered to be consistent with the conservation
of scare water resources.
MOTION that Council resolve to:
1) Defer consideration of this item to the Ordinary Council Meeting to be held on 18
December 2013.
2) Record the reason for the changing the staff recommendation is to allow Council
additional time to consider additional information provided and make a fully
informed decision.
(Cr Williams - Cr McDonnell)
RESOLVED (12/1) TO:
1) Defer consideration of this item to the Ordinary Council Meeting to be held on 18
December 2013.
2) Record the reason for the changing the staff recommendation is to allow Council
additional time to consider additional information provided and make a fully
informed decision.
For: Crs Bailey, Congerton, Elliott, Gregorini, Haynes, McDonnell, McNamara, Parasiliti,
Trease, Wainwright, Williams and Zannino
Against: Cr Färdig
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