Metro Inner North Joint Development Assessment Panel Minutes... · 2021. 2. 10. · Mr Ross...

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Meeting No. 62 8 February 2021 Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 1 Metro Inner North Joint Development Assessment Panel Minutes Meeting Date and Time: Monday, 8 February 2021; 9.00am Meeting Number: MINJDAP/62 Meeting Venue: via electronic means This DAP meeting was conducted by electronic means open to the public rather than requiring attendance in person 1 Table of Contents 1. Opening of Meeting, Welcome and Acknowledgement ................................... 3 2. Apologies............................................................................................................ 3 3. Members on Leave of Absence ......................................................................... 3 4. Noting of Minutes ............................................................................................... 3 5. Declaration of Due Consideration ..................................................................... 3 6. Disclosure of Interests....................................................................................... 3 7. Deputations and Presentations ......................................................................... 4 8. Form 1 – Responsible Authority Reports – DAP Applications........................ 5 Nil......................................................................................................................... 5 9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation of Approval ......................................................................................................... 5 Nil......................................................................................................................... 5 10. State Administrative Tribunal Applications and Supreme Court Appeals ..... 6 10.1 Lot 100 (97) and Lot 500 (105) Stirling Highway, Nedlands...................... 6 11. General Business ............................................................................................. 26 12. Meeting Closure ............................................................................................... 26

Transcript of Metro Inner North Joint Development Assessment Panel Minutes... · 2021. 2. 10. · Mr Ross...

Page 1: Metro Inner North Joint Development Assessment Panel Minutes... · 2021. 2. 10. · Mr Ross Jutras-Minett (City of Nedlands) Mr Roy Winslow (City of Nedlands) Mr Seung Jo (City of

Meeting No. 62

8 February 2021

Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 1

Metro Inner North Joint Development Assessment

Panel Minutes

Meeting Date and Time: Monday, 8 February 2021; 9.00am Meeting Number: MINJDAP/62 Meeting Venue: via electronic means This DAP meeting was conducted by electronic means open to the public rather than requiring attendance in person 1 Table of Contents

1. Opening of Meeting, Welcome and Acknowledgement ................................... 3 2. Apologies ............................................................................................................ 3 3. Members on Leave of Absence ......................................................................... 3 4. Noting of Minutes ............................................................................................... 3 5. Declaration of Due Consideration ..................................................................... 3 6. Disclosure of Interests ....................................................................................... 3 7. Deputations and Presentations ......................................................................... 4 8. Form 1 – Responsible Authority Reports – DAP Applications........................ 5

Nil......................................................................................................................... 5 9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation

of Approval ......................................................................................................... 5 Nil......................................................................................................................... 5

10. State Administrative Tribunal Applications and Supreme Court Appeals ..... 6 10.1 Lot 100 (97) and Lot 500 (105) Stirling Highway, Nedlands ...................... 6

11. General Business ............................................................................................. 26 12. Meeting Closure ............................................................................................... 26

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Meeting No. 62

8 February 2021

Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 2

Attendance

DAP Members Ms Francesca Lefante (Presiding Member) Ms Lee O’Donohue (Deputy Presiding Member) Mr John Syme (Third Specialist Member) Cr Fergus Bennett (Local Government Member, City of Nedlands) Cr Kerry Smyth (Local Government Member, City of Nedlands) Officers in attendance Mr Ross Jutras-Minett (City of Nedlands) Mr Roy Winslow (City of Nedlands) Mr Seung Jo (City of Nedlands) Mr David Hartree (City of Nedlands) Mr Tony Free (city of Nedlands) Minute Secretary Ms Ashlee Kelly (DAP Secretariat) Ms Zoe Hendry (DAP Secretariat)

Applicants and Submitters Ms Bianca Sandri (Urbanista Town Planning) Mr Vladmir Baltic (Transcore) Mr Malcolm MacKay (Mackay Urban Design) Mr Callum Fraser (Elenberg Fraser) Mr Paul McQueen (Lavan) Mr James Dibble (Grange Development & Costa Property Group) Mayor Cilla de Lacy (City of Nedlands) Mr Michael Somerville-Brown Mr Ken Perry Mr Michael Cahill Mr Stephen Keenihan Mr Des Marsh Mr Nigel Shaw Mr Ben Hodsdon Mr Jeff Holloway Ms Charlotte Rutherford Members of the Public / Media There were 31 members of the public in attendance. Ms Victoria Rifici from Community News was in attendance.

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Meeting No. 62

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Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 3

1. Opening of Meeting, Welcome and Acknowledgement

The Presiding Member declared the meeting open at 9.03am on 8 February 2021 and acknowledged the traditional owners and paid respect to Elders past and present of the land on which the meeting was being held. The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2020 under the Planning and Development (Development Assessment Panels) Regulations 2011. 1.1 Announcements by Presiding Member

The Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2020 which states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.', the meeting would not be recorded. In response to the COVID-19 situation, this meeting was convened via electronic means. Members were reminded to announce their name and title prior to speaking.

2. Apologises

Nil

3. Members on Leave of Absence Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

The Presiding Member noted that an addendum to the agenda was published to include details of a DAP direction for further information and responsible authority response in relation to Item 10.1, received on 5 February 2021.

All members declared that they had duly considered the documents.

6. Disclosure of Interests

In accordance with section 2.4.9 of the DAP Code of Conduct 2017, DAP Members, Cr Kerry Smyth and Cr Fergus Bennett, declared that they did not participate in a prior Council meeting in relation to the application at item 10.1. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2020, the Presiding Member determined that the members listed above, who had disclosed an Impartiality Interest interest, were permitted to participate in the discussion and voting on the item.

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Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 4

In accordance with section 2.4.10 of the DAP Code of Conduct 2017, DAP Member, Ms Francesca Lefante, declared that she participated in a State Administrative Tribunal process in relation to the application at item 10.1. However, under section 2.1.3 of the DAP Code of Conduct 2017, Ms Lefante acknowledged that she is not bound by any confidential discussions that occurred as part of the mediation process and undertakes to exercise independent judgment in relation to any DAP applications before her, which will be considered on its planning merits.

7. Deputations and Presentations

7.1 Mr Michael Somerville-Brown addressed the DAP in support of the recommendation for the application at Item 10.1 and responded to questions from the panel.

7.2 Mr Ken Perry addressed the DAP in support of the recommendation for the

application at Item 10.1. 7.3 Mr Michael Cahill addressed the DAP in support of the recommendation for

the application at Item 10.1 and responded to questions from the panel. 7.4 Mr Stephen Keenihan addressed the DAP in support of the recommendation

for the application at Item 10.1 and responded to questions from the panel. 7.5 Mr Des Marsh addressed the DAP in support of the recommendation for the

application at Item 10.1. 7.6 Mr Nigel Shaw addressed the DAP in support of the recommendation for the

application at Item 10.1 and responded to questions from the panel. 7.7 Mr Ben Hodsdon addressed the DAP in support of the recommendation for

the application at Item 10.1. 7.8 Mayor Cilla de Lacy (City of Nedlands) addressed the DAP in support of the

recommendation for the application at Item 10.1 and responded to questions from the panel.

7.9 Mr Jeff Holloway addressed the DAP against the recommendation for the

application at Item 10.1. 7.10 Ms Charlotte Rutherford addressed the DAP against the recommendation for

the application at Item 10.1. 7.11 Mr James Dibble (Grange Development & Costa Property Group) addressed

the DAP against the recommendation for the application at Item 10.1. 7.12 Mr Paul McQueen (Lavan) addressed the DAP against the recommendation

for the application at Item 10.1 and responded to questions from the panel. 7.13 Mr Malcolm Mackay (Mackay Urban Design) addressed the DAP against the

recommendation for the application at Item 10.1 and responded to questions from the panel.

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Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 5

7.14 Ms Bianca Sandri (Urbanista Town Planning) addressed the DAP against the recommendation for the application at Item 10.1 and responded to questions from the panel.

7.15 Mr Callum Fraser (Elenberg Fraser) addressed the DAP against the

recommendation for the application at Item 10.1. 7.16 Mr Vladmir Baltic (Transcore) addressed the DAP against the

recommendation for the application at Item 10.1 and responded to questions from the panel.

7.17 Mr Steve Postmas (CAPA) responded to questions from the panel. 7.18 The City of Nedlands Officers addressed the DAP in relation to the application

at Item 10.1 and responded to questions from the panel. 7.19 The panel noted the written submissions received from Mr Ron Hewitt, Mr

Steven Postmas (CAPA) and Mr Evan Loan (CADDS Group)

Mr John Syme left the meeting at 12:47pm PROCEDURAL MOTION Moved by: Cr Kerry Smyth Seconded by: Cr Fergus Bennett That the meeting be adjourned for a period of 5 minutes to allow members for a comfort break. The meeting was adjourned at 12.48pm. The meeting was reconvened at 12.56pm. The Procedural Motion was put and CARRIED (4/0). For: Ms Francesca Lefante Ms Lee O’Donohue Cr Fergus Bennett Cr Kerry Smyth Mr John Syme joined the meeting at 12:49pm REASON: comfort break 8. Form 1 – Responsible Authority Reports – DAP Applications

Nil

9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation of Approval

Nil

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Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 6

10. State Administrative Tribunal Applications and Supreme Court Appeals

10.1 Lot 100 (97) and Lot 500 (105) Stirling Highway, Nedlands Development Description: Reconsideration of Refusal for Mixed Use Development Summary of Modifications: Reduction in total number of dwellings from 301 to 231.

Increase in car parking from 455 to 504. Reduction in number of towers from 4 to 3 (removal of 11 storey inner east tower). Reorientation of eastern tower and reduction in height from 26 to 24 storeys plus rooftop communal open space. Reduction in height of inner tower from 19 to 1 storeys plus rooftop communal open space. Reduction in height of western tower from 24 to 22 storeys plus rooftop communal open space. Increase in minimum setbacks to Baird Avenue and northern (rear) boundary. Reduction in restaurants/cafes from 6 to 4. Inclusion of 4 shops on ground floor. Relocation of community purpose from first floor to ground floor. Increase in office tenancies from 9 to 11 on mezzanine and first floor with increase in office floor area from 2,109m² to 3,434m².

Applicant: Urbanista Town Planning Owner: Nedlands Rental Property Pty Ltd and Allrange Holdings

Pty Ltd Responsible Authority: City of Nedlands DAP File No: DAP/20/01770

REPORT RECOMMENDATION Moved by: Cr Fergus Bennett Seconded by: Cr Kerry Smyth With the agreement of mover and seconder the following amendment was made to the report: (i) That a new reason No. 8 to be added to read as follows:

That the applicant has not demonstrated that the amount of traffic likely to be generated by the development relative to the capacity of the road system in the locality will not cause an unreasonable adverse impact on traffic flow.

REASON: The a further reason was included relating to concerns on traffic analysis and impacts on the surround road network.

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Ms Francesca Lefante Presiding Member, Metro Inner North JDAP Page 7

It is recommended that the Metro Inner-North Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR161 of 2020, resolves to: Reconsider its decision dated 17 July 2020 and VARY its decision for DAP Application reference DAP/20/01770 and accompanying plans date stamped 14 January 2021 (Attachments 1 and 4) in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Nedlands Local Planning Scheme No. 3, for the following reasons: Reasons

1. The proposed Plot Ratio will result in excessive building bulk contrary to the amenity

of the areas which includes “the present and likely future amenity” of the area having regard to the vision for the development of a new Nedlands Town Centre. ‘Amenity’ as defined under Schedule 2 of the deemed provisions for Local Planning Schemes inserted into LPS 3.

2. The proposed Plot Ratio will result in excessive building bulk and scale contrary to

the orderly and proper planning of the area as envisioned in a new activated Nedlands Town Centre.

3. The proposed development fails to satisfy the clause 9 ‘Aims’ of the City’s LPS3 to:

a. protect and enhance local character and amenity; b. respect the community vision for the development of the district;

4. Building Envelope

a. The development does not meet element objective O2.2.1 for Building Height

as the proposed height is inconsistent with the future scale and character of the street and local area.

b. The development does not meet element objective O2.4.1 for Side and Rear Setbacks as the development does not provide an adequate separation to neighbouring properties, in particular the rear setback to the east tower.

c. The development does not meet element objective O2.4.2 for Side and Rear Setbacks as the development does not provide a rear setback that is consistent with the desired streetscape character.

d. The development does not meet element objective O2.4.4 for Side and Rear Setbacks as the development does not achieve an appropriate transitional scale with adjoining areas.

5. Building Massing

a. The development does not meet element objective O2.5.1 for Plot Ratio as

the proposal does not fit comfortably within the building envelope (to the extent this can be determined); that the massing of the buildings is not suitable, and as such the proposal is considered to represent over development of the site. Consequently, it is considered that the overall bulk and scale of development is not appropriate for the existing or planned character of the area.

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b. The development does not meet element objective O2.7.1 for Building Separation as it is considered that the proposed building mass of the east tower is insufficiently set back from the northern boundary and is not stepped back further up the building in proportion to building height.

c. The development does not meet element objective O2.7.2 for Building Separation as building separation for the east tower does not adequately respond to and is not in proportion to the proposed building height.

6. Planning

The development does not adequately satisfy clause 67 of Schedule 2 ‘Deemed Provisions’ of the Planning and Development (Local Planning Schemes) Regulations 2015 with respect to: a. Subclause (a) as the development does not:

i. Achieve the aims or provisions of the City’s LPS3 pursuant to clause 9 as the development does not: 1. Protect and enhance local character and amenity as the

proposed scale (three towers varying between 16 and 23 storeys), bulk and massing of the podium/tower form exceeds the existing low height built form character.

2. Respect the community vision for the development of the district as the development does not reflect the currently-endorsed community vision for the district (Local Planning Strategy 2017).

ii. Adequately satisfy all objectives of the Mixed Use zone pursuant to clause 16 of the City’s Local Planning Scheme No. 3 as the development does not facilitate well-designed development of an appropriate scale which is sympathetic to the desired character of the area.

iii. Achieve element objectives of R-Codes Vol. 2 Elements 2.2 (Building Height), 2.4 (Side and Rear Setbacks), 2.5 (Plot Ratio) and 2.7 (Building Separation).

b. Subclause (b): the proposal is inconsistent with the requirements of orderly and proper planning with respect to the building height, setbacks, plot ratio and building separation. Approval of the development in its current form is premature as the local planning framework is unresolved. The development would establish an undesirable precedent in terms of built form, scale and typology.

c. Subclause (c): the proposal does not adequately address: i. State Planning Policy 7.0 (Principle 1 Context and Character and

Principle 3 Built Form and Scale) ii. State Planning Policy 7.3 Residential Design Codes Volume 2

Elements 2.2 (Building Height), 2.4 (Side and Rear Setbacks), 2.5 (Plot Ratio), 2.7 (Building Separation).

d. Subclause (m): the proposal does not appropriately respond to the physical and strategic site context or the built form expectations applicable under LPS3 and as guided by the R-AC1 code, having regard to the building envelope and building massing.

e. Subclause (n): the proposal will adversely impact the existing and future amenity of the locality as the proposal is wholly disproportionate to the existing suburban character of Stirling Highway and given the application site is not located in the CBD, a metropolitan centre, major tourism node, a transit oriented development, or adjacent to a high amenity resource.

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f. Subclause (zc): the State Design Review Panel does not support the development as it does not meet the criteria of good design for the majority of the Design WA design principles and does not provide sufficient amenity for future residents of the development or the greater community who will engage with the development as part of the emerging Neighbourhood Centre.

7. Traffic

The proposal is inconsistent with clause 67(t) of the Deemed Provisions given that it has not demonstrated that the amount of traffic likely to be generated by the development relative to the capacity of the road system in the locality will not cause an unreasonable adverse impact on traffic flow and safety.

8. That the applicant has not demonstrated that the amount of traffic likely to be generated by the development relative to the capacity of the road system in the locality will not cause an unreasonable adverse impact on traffic flow.

Advice Notes 1. The applicant is advised that the Traffic Impact Assessment prepared by Transcore

in support of the development has been reviewed by the City of Nedlands. At this time, the City is unable to support the Assessment in its current state. Of particular concern are the SIDRA input parameters and lack of future year analysis (10 years after full opening).

The Report Recommendation was put and LOST (2/3). For: Cr Fergus Bennett Cr Kerry Smyth Against: Ms Francesca Lefante Ms Lee O’Donohue Mr John Syme ALTERNATE MOTION Moved by: Mr John Syme Seconded by: Ms Lee O’Donohue That the Metro Inner-North Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR161 of 2020, resolves to: Reconsider its decision dated 17 July 2020 and SET ASIDE the decision and substitute a new decision for DAP Application reference DAP/20/01770 and accompanying plans and accompanying plans date stamped 14 January 2021 (Attachments 1 and 4) in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of City of Nedlands Local Planning Scheme No. 3, subject to the following conditions:

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Amended Conditions 1. Pursuant to clause 26 of the Metropolitan Region Scheme, this approval is deemed

to be an approval under clause 24(1) of the Metropolitan Region Scheme.

2. This decision constitutes planning approval only and is valid for a period of four (4) years from the date of approval. If the subject development is not substantially commenced within the specified period, the approval shall lapse and be of no further effect.

3. The development shall at all times comply with the application and the approved

plans, subject to any modifications required as a consequence of any condition(s) of this approval.

4. This approval is for Office tenancies, four (4) shop tenancies, two (2) Motor Vehicle Sales tenancies, four (4) Restaurant/Café tenancies, one (1) Community Purpose tenancy and two-hundred and thirty-one 231 residential multiple dwellings. Development shall be in accordance with these land uses as defined by City of Nedlands Local Planning Scheme No. 3, the approved plan(s), any other supporting information and conditions of approval.

Stormwater 5. All stormwater generated on site is to be retained on site. An onsite

storage/infiltration system is to be provided within the site for at least 1 in 100-year storm event. No stormwater will be permitted to enter the City of Nedlands’s stormwater drainage system unless otherwise approved. (Technical Services)

6. No stormwater drainage is to be discharged onto the Stirling Highway Road

Reserve or the widened road reservation. (Technical Services)

Materials and Services

7. Prior to the issue of a building permit, the applicant shall submit a schedule of materials, colours, finishes and textures for the development to the satisfaction of the City of Nedlands. (Planning)

8. Prior to occupation of the development, each apartment unit shall be provided with

mechanical clothes driers or alternatively shall have an adequate area provided for drying clothes. This drying area shall be screened from view from any adjacent public place, to the satisfaction of the City of Nedlands. (Environmental Health)

9. Prior to occupation of the development, all air-conditioning plant, satellite dishes,

antennae and any other plant and equipment to the roof of the buildings shall be located or screened so as not to be visible from beyond the boundaries of the development site to the satisfaction of the City of Nedlands. (Planning)

Energy Efficiency 10. Prior to applying for a Building Permit and prior to practical completion, the applicant

shall submit a report which demonstrates that that development achieves an average NatHERS rating of 7 stars and 5 Star ‘Design and As Built Rating’ to the satisfaction of the City of Nedlands. (Building)

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11. The "Green Star Strategy” report prepared by CADDS Group Energy &

Sustainability (dated 16 November 2020 ref:120896) submitted with the development application shall be implemented to the satisfaction of the City of Nedlands for the duration of the development. (Planning)

Landscaping 12. Prior to applying for a Building Permit, a detailed Landscaping Plan must be

prepared to the satisfaction of the City of Nedlands and include the following detail: a) the location, number and type of existing and proposed trees and shrubs,

including calculations for the landscaping area;

b) any lawns to be established and areas to be mulched;

c) any natural landscape areas to be retained;

d) those areas to be reticulated or irrigated;

e) proposed upgrading to landscaping, paving and reticulation of all verge areas including the land set aside for future road widening, and

f) (vi)maintenance measures to ensure that all landscaping for the

development, including landscaping on the building structure is effectively retained and managed in perpetuity.

The landscaping, paving and reticulation must be completed prior to the occupation of the development. The approved Landscaping Plan must be maintained at all times to the satisfaction of the City of Nedlands for the duration of the development. (Parks)

13. A Landscape Plan is to be submitted the satisfaction of the City of Nedlands in consultation with Main Roads for any temporary landscaping of the widened road reservation/land requirement as detailed in the attached Land Protection Plan 1. 7138/1. Sight lines must be maintained at all times to ensure driver safety. Permanent landscaping must be limited and maintained to a mature height of 1 metre. (Parks / Main Roads)

14. The ground levels located within the future road reservation must remain

unchanged. (Technical Services)

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Geotechnical, Demolition and Construction Management and Dilapidation 15. A geotechnical report covering the development area being prepared by a suitably

qualified practitioner at the applicant’s cost, to the satisfaction of the City of Nedlands. The report will give due consideration to any potential impacts on neighbouring properties including but not limited to: ground water management, excavation or modifications to existing ground levels; vibration or consolidation of material throughout the demolition and construction phase of the project. The geotechnical report will identify any remedial treatments required to mitigate any adverse impacts and will be lodged with the building permit application, together with certification that the design is suitable for the site conditions as outlined in the geotechnical report. (Technical Services)

16. A Demolition and Construction Management Plan addressing the control of;

vibration, dust, noise, waste, sand, sediment, temporary fencing, hoardings, gantries, site access / egress, site deliveries, heavy construction machinery and traffic control shall be provided to the City of Nedlands with or before the demolition permit and building permit approval applications are submitted. All adjoining property owners shall be notified in writing at least fourteen (14) days prior to the commencement of demolition / construction works. (Building / Environmental Health / Technical Services)

17. Dilapidation Reports shall be conducted prior to demolition and/or excavation works

for all adjoining properties at the cost of the developer. All adjoining property owners shall be notified in writing at least fourteen (14) days prior to the commencement of demolition and/or excavation works. (Building / Planning)

Waste Management 18. Prior to the lodgement of a building permit, a Waste Management Plan must be

prepared and approved by the City of Nedlands. It shall address but is not limited to the following matters, to the satisfaction of the City of Nedlands:

a) the location of bin storage areas and bin collection areas including residential

bulk stream;

b) the number, volume and type of bins, and the type of waste to be placed in the bins;

c) management of the bins and the bin storage areas, including cleaning,

rotation and moving bins to and from the bin collection areas;

d) disposal and collection arrangements including frequency of bin collections; e) truck access and manoeuvrability clearance compliance for residential bulk

waste truck; and

f) all works must be carried out in accordance with the Waste Management Plan and maintained at all times, for the duration of development. (Technical Services)

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19. Prior to occupation of the development, the applicant or landowner shall enter into a Deed of Indemnity with the City, which indemnifies both the City and its waste collection contractors from claims relating to damage caused through the waste collection process. The Deed of Indemnity shall be prepared/or vetted by the City's solicitors and shall be executed by both parties. All reasonable costs associated with the preparation of the Deed of Indemnity shall be met by the applicant. (Technical Services)

20. No waste collection is permitted from the Stirling Highway Road Reserve, or

widened road reservation. (Technical Services) Lighting 21. Prior to lodgement of a building permit, the applicant shall submit to the satisfaction

of the City of Nedlands a lighting plan prepared by a suitably qualified consultant which demonstrates that the proposed development will not cause adverse amenity impacts on residents both within the development and in the surrounding locality and comply with the relevant Australian Standard. The lighting plan shall include:

a) A full site plan indicating the proposed siting of lighting columns including

details of their proposed height; b) Times of operation; c) A Management Plan to detail the methods that will be employed to mitigate

the impacts of light penetration and glare to the occupiers of adjacent property, including the use of an automatic timing device;

d) Details of orientation and hooding and/or other measures to minimise their impact in the interests of pedestrian and/or vehicular safety and amenity; and

e) Details where the proposed floodlighting is sited in close proximity to residential property, the spread of lighting from the lighting installation must be restricted in accordance with the relevant Australian Standard. (Environmental Health)

22. Prior to occupation of the development, the applicant shall provide to the

satisfaction of the City of Nedlands Certification from a suitably qualified lighting consultant demonstrating that the development is in compliance with the relevant Australian Standard. The consultant is to confirm that the lighting conforms to the relevant Australian Standard and if not, remedial measures are to be undertaken to rectify the situation and bring about compliance with the relevant Australian Standard. (Environmental Health)

Access, Car and Bicycle Parking 23. The on-site car park area shall:

a) Be designed in accordance with Australian/New Zealand Standard AS/NZS

2890.1:2004, Parking facilities, Part 1: Off-street car parking unless otherwise specified by this approval, prior to applying for a Building Permit;

b) Be designed in accordance with Australian/New Zealand Standard AS/NZS 2890.5: 2004, unless otherwise specified by this approval, prior to applying for a Building Permit;

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c) Include car parking spaces dedicated to people with disability designed in accordance with Australian/New Zealand Standard AS/NZS 2890.6:2009, Parking facilities, Part 6: Off-street parking for people with disabilities, linked to the main entrance of the development by a continuous accessible path of travel designed in accordance with Australian Standard AS 1428.1—2009, Design for access and mobility, Part 1: General Requirements for access—New building work;

d) Be constructed, sealed, kerbed, drained and marked prior to the development being occupied and maintained thereafter;

e) Have lighting installed, prior to the occupation of the development, to the

satisfaction of the City of Nedlands; and

f) Have signage installed which delineates the location and availability of residential visitor car parking, including where residential visitor car parking is shared with commercial uses.

The car parking area must comply with the above requirements to the satisfaction of the City of Nedlands for the duration of the development. (Technical Services)

24. Provision and management of on-site parking for the development is to be in

accordance with the Parking Management Plan, dated November 2020, at all times. (Technical Services)

25. Prior to applying for a Building Permit, a Travel Behaviour Plan must be prepared

to the satisfaction of the City to identify the transport infrastructure, mechanisms and incentives which will support the reduced parking allocation. (Technical Services)

26. The bicycle parking spaces must be provided in accordance with AS2890.3—1993,

Parking facilities, Part 3: Bicycle parking facilities, for employees as per Class B Facility guidelines and for visitors as per Class C Facility guidelines, and must be approved by the City of Nedlands prior to applying for a Building Permit and constructed prior to occupancy of the development. The bicycle parking spaces must be retained and maintained in good and safe condition for the duration of the development. (Technical Services)

Activation / Public Domain 27. Prior to applying for a Building Permit, the applicant must demonstrate to the

satisfaction of the City of Nedlands that ground floor glazing of commercial tenancies fronting Stirling Highway have a minimum visible light transmission rate of at least 79% and a maximum visible reflectivity rate of 9% in order ensure that a commercial, interactive frontage is available to the development from all streets. The glazing must be thereafter be installed and maintained to the satisfaction of the City of Nedlands for the duration of the development. (Planning)

28. Arrangements for vehicle access to the motor vehicle sales tenancies are to be

identified on the building permit plans and approved by the City of Nedlands and Main Roads prior to implementation. (Planning / Technical Services / Main Roads)

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29. Prior to the occupation of the development, the applicant or landowner shall enter into a Deed of Indemnity with the City in relation to the works (awnings) to be undertaken in accordance with the approval within the land managed/owned by the City. The Deed of Indemnity shall be prepared/or vetted by the City's solicitors and shall be executed by both parties prior to any construction within the road reserve. All reasonable costs associated with the preparation of the Deed of Indemnity shall be met by the applicant. (Planning)

Road Widening 30. Prior to occupation of the development, the land required for the widening of Stirling

Highway as shown on Plan 1.7138/1 (see attached) is to be either transferred to the Western Australian Planning Commission or ceded to the Crown free of cost. (Planning / Main Roads)

31. No part of the building/development, including street furniture must be located

within the land required for widening as detailed in the attached Land Protection Plan 1. 7138/1. (Main Roads)

32. No earth works shall encroach onto the Stirling Highway Road Reserve or the

widened road reservation. (Main Roads) Lot Amalgamation 33. Prior to occupation of the development, arrangements must be made to the

satisfaction of the City of Nedlands for the amalgamation of the portions of Lot 105 DP82029 and Lot 100 DP 63278 that are not required for road widening into one Certificate of Title. The amalgamation must be completed prior to occupation of the development. (Planning)

Acoustic / Noise 34. Prior to applying for a Building Permit, an updated Acoustic Report must be

prepared and provided to the City of Nedlands based on the final design for the development prepared by suitably qualified acoustic engineer [who is suitable for Membership of either the Australian Acoustical Society (AAS) or the Association of Australian Acoustical Consultants (AAAC)]. The report is to demonstrate: a) Compliance of the development with the Environmental Protection (Noise)

Regulations 1997;

b) Noise impact prediction for the proposed development and operation of the restaurant/cafes on the ground floor;

c) Acoustic solutions for building design (AS/NZS 2107:2000 Acoustics –

Recommended Design Sound Levels and Reverberation Times for Building Interiors);

d) Engineering and operational noise management solutions to ensure the

operation of the development does not cause a noise disturbance to neighbouring noise sensitive residences;

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e) Noise modelling for impact on noise sensitive residences, commercial, industrial and utility premises receivers, taking into account meteorological and topographical effects; and

f) Site specific issues including mechanical exhaust and ventilation, mechanical

equipment air conditioning/refrigeration/compressors, plant room, gym facilities, communal open spaces, service vehicle access routes and loading bay locations (waste collection and deliveries), Office, Motor Vehicle Sales and Restaurant/café uses and piped music. (Environmental Health)

35. Prior to the occupation of the development, a Noise Management Plan is to be

submitted detailing measures that will be undertaken to ensure noise levels are kept within levels prescribed in the Environmental Protection (Noise) Regulations 1997. The plan is to be prepared by a suitably qualified consultant and is to include: a) measures to be implemented by the building strata body to ensure that noise

emanating from the use of the communal open space areas does not adversely impact on the amenity for residents of nearby apartments.

b) measures to be implemented during the operation of the Restaurant/café uses to ensure that any noise generated shall comply with the Environmental Protection (Noise) Regulations 1997 with particular regard to any external noise emanating from the Restaurant/café uses and include measures to adequately mitigate the potential impact this may have on the nearest noise sensitive premises. The uses shall thereafter be operated in strict accordance with the approved Noise Management Plan.

c) sound proofing measures used in the design and construction of the

development;

d) predictions of noise levels;

e) control measures to be undertaken (including monitoring procedures and management measures to be implemented by the strata entity); and

f) a complaint response procedure. (Environmental Health)

36. Prior to occupation of the development, an acoustic report by a qualified acoustic

consultant consistent with the requirements of State Planning Policy No 5.4 - Road and Rail Noise is to be prepared and submitted to the satisfaction of the City of Nedlands in consultation with Main Roads. Any recommendations contained in the acoustic report shall be thereafter implemented and maintained for the duration of the development. (Environmental Health / Planning)

37. Prior to occupation of the development, certification from a qualified acoustic

consultant being submitted, confirming that the recommendations of the acoustic report (as required by condition 38) have been implemented. This certification is to be provided to the satisfaction of the City of Nedlands. (Planning)

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38. A notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificates of title of existing lots. The notification is to state as follows: 'The lots are situated in the vicinity of a transport corridor and are currently affected, or may in future be affected by transport noise.' (Planning)

Easement 39. An easement in gross in favour of the City of Nedlands for public pedestrian access

is to be granted and registered pursuant to sections 195 and 196 of the Land Administration Act 1997 (WA) prior to occupation, in respect of the ground level on that part of the subject land that is within 6.725 metres of the northern lot boundary (marked “pedestrian only zone” on the plans) or some substantially similar dimension as agreed with the City. The supporting easement deed is to be prepared by solicitors appointed by the Applicant, at the Applicant’s cost. It will set out the necessary arrangements with respect to (without limitation) management, liability, vehicle access and interface with the properties to the immediate north of the subject land. (Planning)

Design 40. A minimum of 20% of all dwellings (minimum 47) are to be constructed and

maintained at all times as universally accessible dwellings in accordance with the Silver Level Criteria of the Liveable Housing Design Guidelines. (Building / Planning)

41. Circulation spaces are to be designed and constructed for universal access in

accordance with the Disability (Access to Premises – Buildings) Standards 2010, and AS1428.1. (Building)

Restaurant/Café 42. Prior to the issue of a Building Permit, exhaust facilities associated with the

proposed restaurant/cafe tenancies must be designed in accordance with Australian Standard AS 1668.2—2002, The use of ventilation and air conditioning in buildings, Part 2: Ventilation design for indoor air containment control (excluding requirements for the health aspects of tobacco smoke exposure) and be fitted with filtration and odour suppression devices to the satisfaction of the City of Nedlands. (Environmental Health)

Advice Notes General Advice 1. This Approval relates to the details provided in the application; to undertake the

development in a different manner to that stated in the application, a new application for Development Approval must be submitted to the City of Nedlands. (Planning)

2. A Certified Building Permit must be obtained prior to construction and thereafter an

Occupancy Permit must be obtained; the applicant and owner should liaise with the City's Building Services in this regard. (Building)

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3. The applicant is advised that the responsible entity (landowner) is responsible for the maintenance of any common property within the development. (Technical Services)

4. Any tenancies, offices or public spaces within the development which are proposed

for activities (temporary or permanent) that are deemed to be a public building under the Health (Public Buildings) Regulations 1992, will need to comply fully with those Regulations. (Environmental Health)

Advice on Specific Conditions 5. With respect to the geotechnical report, the applicant is advised that this shall

demonstrate how to contain and dispose of a 1-100 year run-off within the land holding to the satisfaction of the City and any other relevant State Government agencies. (Technical Services)

6. With respect to the schedule of materials, colours and finishes, it will be referred to

the State Design Review Panel for consultation. (Planning)

7. With respect to the demolition and construction management plan, the applicant is advised that this is to address, but is not limited to, the following matters a) hours of construction; b) traffic management; c) parking management; d) access management; e) management of loading and unloading of vehicles; f) heavy vehicle access; g) dust management; h) waste management (where applicable); i) protection of infrastructure and street trees within the road reserve; j) the need for a dilapidation report of adjoining properties; k) if required, details of and reasons for construction work on the construction site that is likely to be carried out other than between 7.00 am and 7.00 pm on any day which is not a Sunday or public holiday; l) if required, details of and duration of activities on the construction site likely to result in noise emissions that fail to comply with the standard prescribed under regulation 7 of the Environmental Protection (Noise) Regulations 1997; m)predictions of noise emission on the construction site; n) use of City car parking bays for construction related activities; o) protection of infrastructure and street trees within the road reserve; p) security fencing around construction sites; q) gantries; r) Staging plan for the entire works; s) Applicable timeframes and assigned responsibilities for tasks; t) Onsite storage of materials and equipment; u) Parking for contractors; v) Waste management; w) Management of noise in accordance with the requirements of the Environmental Protection (Noise) Regulations 1997; x) Management of vibrations; y) Complaints and incidents; and z)Site signage showing the builder’s direct contact details (telephone number and email address), za) dewatering management plan; zb) contact details; zc) site offices; zd) details of measures to be implemented to control noise (including vibration) emissions; ze) complaint response procedure to be adopted; zf) details of how dust will be suppressed (e.g. by use of water tanker, independently powered water pumps, high volume hoses) or whether an approval from the water corporation for hydrant standpipe has been granted; zf) details of how dust and sand drift will be controlled in the event that the landscape remains bare for any period of time after demolition (consideration of more permanent dust suppression or sand drift measures such as hydromulching); and zg)any other relevant matters. (Building / Environmental Health / Technical Services)

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8. With respect to the demolition and construction management plan, the applicant is advised that dust control measures during construction are to accord with City of Nedlands Health Local Laws 2017 and DWER requirements. (Environmental Health)

9. With respect to the lighting plan, the applicant is advised that:

a) a suitably qualified lighting consultant is to be a Member of the illuminating

Engineering Society of Australia and New Zealand. b) the relevant Australian Standard is Australian Standard AS.4282 – Control of

the Obtrusive Effects of Outdoor Lighting. c) certification by a suitably qualified lighting consultant shall demonstrate that

the development is in compliance with the relevant Australian Standard. On completion of the installation, the consultant is to confirm that the lighting conforms to the relevant Australian Standard and if not, remedial measures are to be undertaken to rectify the situation and bring about compliance with the relevant Australian Standard. The requirement for confirmation certification on completion of the installation is to be included as a condition on all Planning Approvals granted by the City. (Environmental Health).

10. With respect to the noise management plan, the applicant is advised that this shall

include management measures necessary to ensure noise from the communal open spaces within the development does not adversely impact the amenity of residents within or beyond the development. Measures may include provisions in the form of strata by-laws to be administered by the strata entity. (Environmental Health)

11. In relation to the Landscaping Plan, the applicant is advised that the detailed shall

include:

a) An irrigation plan demonstrating achievement of Waterwise design principles. b) Review opportunity to provide deeper soil pots and larger trees to the

communal areas.

c) A review of species selection by a horticulturalist to confirm the ability for all trees to grow to the maximum height given shade patterns and restricted soil zones across the site.

d) A review of the opportunity to introduce larger trees at the upper floors to

provide green relief.

e) Further information related to the Arbor laneway to clarify the extent of activation, scale and pedestrian access. The location of garden beds and their dimensions should support a clear pedestrian connection to the front of the building.

f) Garden beds that are located and shaped to provide unencumbered

pedestrian movement along Stirling Highway.

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g) The extent of permeable paving within the deep soil area should not exceed 20 per cent of the site area and should not inhibit the planting and growth of trees.

h) Consideration of play equipment for babies and toddlers within the play

space, along with climbing frames for older children and play elements that can be personalised (cubbies, teepees), allow some change and flexibility (building blocks, sand pits) or outdoor art spaces to simulate backyard spaces over which children have traditionally had some level of control.

i) A review based on shade and wind studies on all outdoor communal spaces

to ensure they are lit and protected from wind sufficiently to create a comfortable environment (especially with pools and play spaces) and support healthy plant growth. (Parks)

Food Premises Advice (Environmental Health) 12. In relation to food premises, the applicant is advised by the City’s Environmental

Health Services that: a) prior to the proposal commencing the applicant shall lodge with the City an

Application for Food Premises Alteration / Fit-out which an Environmental Health Officer at the City is satisfied demonstrates food safety outcomes.

b) prior to commencing a Food Business a proprietor shall lodge with the City a

Food Business Registration / Notification Form. A food business is any business or activity that involves the sale of food or the handling of any type of food for sale in Australia.

c) prior to commencing a Food Business the premises shall receive an

inspection from an Environmental Health Officer at the City which cites that the Food Business may commence.

d) prior to the outdoor dining area commencing, the proprietor of the Food

Business shall lodge with the City an Application for Outdoor Dining Licence to conduct an outdoor dining area in a street or public place not on the private property. Please note that the outdoor dining areas located on the nature strip/verge will need to be approved by the City’s Technical Services Department before the Application for Outdoor Dining Licence is determined.

e) prior to commencing a Food Business, a documented Food Safety Program

which meets the requirements of the Australian New Zealand Food Standards Code Standard 3.2.1 Food Safety Programs, shall be deemed satisfactory by an Environmental Health Officer at the City.

f) designated storage areas for cleaning chemicals and equipment and

personal belongings shall be available and separate from any food preparation or food storage area within the proposed food business.

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g) all internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, lobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second.

h) ventilation of the proposed food business shall be provided in accordance

with the requirements of Australian Standards AS1668.2-1991 “The use of mechanical ventilation for acceptable indoor air quality” and Building Code of Australia (BCA) and be sufficient in ensuring mitigation of odour, so as not to affect other commercial or residential units;

i) adequate staff and public sanitary conveniences shall be provided in

accordance with the Building Code of Australia; and j) the exhaust facilities must be installed prior to the occupation of the

development and must be thereafter maintained to the satisfaction of the City of Nedlands for the duration of the development. (Environmental Health)

Acoustic / Noise Advice (Environmental Health) 13. In relation to acoustic and noise management, the applicant is advised by the City’s

Environmental Health Services:

a) that service and/or delivery vehicles are not to service the premises before 7.00 am or after 7.00 pm Monday to Saturday, and/or before 9.00 am or after 7.00 pm on Sundays and Public Holidays unless otherwise approved by the City beforehand.

b) that all mechanical equipment (e.g. air-conditioner, swimming pool or spa) is

required to comply with the Environmental Protection (Noise) Regulations 1997, in relation to noise.

c) to consult the City’s Acoustic Advisory Information in relation to locating any

mechanical equipment (e.g. air-conditioner, swimming pool or spa) such that noise, vibration impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours.

Demolition Advice (Environmental Health) 14. The applicant is advised by the City’s Environmental Health Services that:

a) prior to the commencement of any demolition works, any Asbestos

Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM.

b) removal and disposal of ACM shall be in accordance with Health (Asbestos)

Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements.

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c) where there is over 10m2 of ACM or any amount of friable ACM to be

removed, it shall be removed by a Worksafe licensed and trained individual or business.

Waste Advice (Technical Services)

15. With respect to the Waste Management Plan, the applicant is advised that it should

refer to the City’s Waste Management guidelines and is required to include but is not limited to the following details: a) Details of waste disposal and collection times and methods.

b) A floor level waste and recycling chutes diagram (satellite bin store).

c) Chutes specifications/service arrangements and contingency plan if the

chutes fails.

d) Compactor specifications, use of compactor (dedicated personnel), contingency plan if the compactor fails.

e) Describe how noise associated concerns will be minimized/contained when

operating the compactor.

f) Operation methodology

g) Residential and commercial bulk waste arrangements.

h) A noise management plan detailing measures that will be undertaken to ensure noise levels are kept within levels prescribed in the Environmental Protection (Noise) Regulations 1997 for any waste proposed to be collected between the hours of 7pm to 7am; and

i) Appropriate traffic management measures to mitigate conflicts between

private vehicles and waste collection vehicles. The Waste Management Plan should ensure all plans are drawn to 1:100 or 1:200 and show typical commercial floor showing garbage and recycling drop-off points, bin rooms including any bins and compactors and bin presentation location (on-site) with bin alignment.

16. The applicant is advised that the development is to be provided with suitable

enclosures for the storage and cleaning of waste receptacles on the premises per the following requirements: a) Constructed of brick, concrete, corrugated compressed fibre cement sheet or

other material of suitable thickness approved by the City;

b) Walls not less than 1.8m in height and access of not less than 1.0 metre in width fitted with a self-closing gate;

c) Smooth and impervious floor not less than 75mm thick and evenly graded to

an approved liquid refuse disposal system;

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d) Easily accessible to allow for the removal of the receptacles;

e) Provided with a ramp into the enclosure having a gradient of no steeper than 1:8 unless otherwise approved by the City;

f) Provided with a tap connected to an adequate supply of water; and

g) Adequately ventilated to mitigate odour.

Telecommunications Advice (Planning) 17. The applicant is advised by the City’s Planning Services that developers are

responsible for providing telecommunications infrastructure in their developments. To provide this infrastructure, they need to contract a carrier to install telecommunications infrastructure in their new development. If you choose National Broadband Network (NBN) to service your development, you will need to enter into a developer agreement with NBN. The first step is to register the development via http://www.NBNco.com.au/develop-or-plan-with-the-NBN/new-developments.html, once registered NBN will be in contact to discuss the specific requirements for the development. NBN requires you to apply at least six months before the required service date. All telecommunications infrastructure should be built to NBN guidelines found at http://www.NBNco.com.au/develop-or-plan-with-the-NBN/new-developments/builders-designers.html

PTA Advice 18. The applicant is advised by the Public Transport Authority that the hardstand

boarding area for the Dalkeith Road bus stop is currently compliant to Disability Discrimination Act legislation. As such, construction of the driveway is not to impact the in-situ barrier kerb or boarding area.

Road Verge Advice (Technical Services / Parks) 19. The applicant is advised by the City’s Technical Services / Parks Services that:

a) Prior to occupation of the development any new or modified crossover

associated with the hereby approved development must receive separate approval from the City of Nedlands;

b) the contractor/developer shall protect the City’s street trees from any damage

that may be caused by the scope of works covered by this contract for the duration of the contract. All work carried out under this contract is to comply with the City’s policies, guidelines and Australian Standards relating to the protection of trees on or adjacent to development sites (AS 4870-2009);

c) all works in the road reserve, including construction of a crossover or footpath

and any works to the road carriageway must be to the specifications of the City of Nedlands. The applicant should liaise with the City of Nedlands Technical Services in this regard; and

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d) The applicant is responsible for protecting any existing City streetscape assets during the course of the project. This includes any existing streetscape lighting, kerbing, footpaths, trees, irrigation etc. If any damage is caused to the existing assets (identified to be retained), they must be rectified to the satisfaction of the Manager Land and Development Infrastructure. It is recommended that a dilapidation report is undertaken by the applicant, to record the current condition of these assets.

Swimming Pool Advice (Environmental Health) 20. The applicant is advised by the City’s Environmental Health Services that:

a) the swimming pool is deemed to be an aquatic facility, and is to comply with

the requirements of the Health (Aquatic Facility) Regulations 2007 and Code of Practice for the design, operation, management and maintenance of aquatic facilities at all times;

b) application is to be made to the Department of Health for approval to

construct an aquatic facility, as required by Section 7 of the Health (Aquatic Facility) Regulations 2007 prior to the issuing of a building permit;

c) application is to be made to the Department of Health for a certificate of

compliance in order to operate an aquatic facility as required by the Health (Aquatic Facility) Regulations 2007;

d) application is to be made to the Department of Health for approval to

construct an aquatic facility, as required by Section 7 of the Health (Aquatic Facility) Regulations 2007 prior to the issuing of a building permit. This will include providing details of how backwashing will be undertaken, and disposal of this wastewater will be lawfully achieved; and

e) the proposed sauna and steam room will need to be assessed against and

comply fully with the Health (Aquatic Facility) Regulations 2007 and the Code of Practice for the design, operation and management of aquatic facilities.

Main Roads Advice

21. The applicant is advised by Main Roads that:

a) the upgrading of Stirling Highway is not in Main Roads' current 4-year forward

estimated construction program and all projects not listed are considered long term. Please be aware that timing information is subject to change and that Main Roads assumes no liability whatsoever for the information provided; and

b) disabled access is required to be achieved from the ultimate road design

(widened road reserve) to the building in accordance with the Disability Discrimination Act 1992. This advice note has been included to ensure the applicant/landowner/ building certifier are aware that disabled access is required to be achieved from widened road reserve and associated altered ground level surfaces. This matter shall be addressed at the Building Application stage.

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Car Park Advice (Building) 22. The applicant is advised by the City’s Building Services that professional

assessment of adequacy of ventilation of underground carpark will need to be undertaken (prior to construction) by an industry professional, to determine minimum air change and flow requirements in accordance with relevant design and Australian Standards to prevent excessive carbon monoxide levels.

The Alternate Motion was put and CARRIED (3/3). For: Ms Francesca Lefante Ms Lee O’Donohue Mr John Syme Against: Cr Fergus Bennett Cr Kerry Smyth REASON: The majority of Panel Members supported the proposal, following consideration against the planning framework, scheme zone objectives & specific development provisions including Clause 26(3) and R-Codes Element Objectives and location of the site within the Nedlands Town Centre. The Panel were of the opinion that the design of the podium and ground level is considered to contribute positively to the activation and amenity of town centre, including ceiling heights, mix of tenancies and uses, internal walkways and public spaces. The rear laneway link to both side street opens the site from all streets providing multiple access and connectivity to public commercial and community spaces.

The scale and configuration of landscaping at ground level, on-structure and street setback is considered high quality. The proposal increases on-site parking including shared visitor car spaces, addressing the previous concerns on this matter.

The design of the tower elements, bulk and scale is considered appropriate within the existing planning framework and its strategic location within the town centre. The removal of a tower from the previous design has improved the separation and visual distinction between the towers. The design and aesthetics of the towers with podium, terraces and rooftop amenities on various levels reflects an urban form within this location. The apartments are considered generous size and good layout. The number of dwellings is considered to contribute towards both housing target and town centre vibrancy. On balance the Panel were of the opinion that the proposal form, scale, design and uses were appropriate having given due regard to a range of matters including RAR, planning provisions, various reports, submissions, location and context of the site within the Nedlands Town Centre.

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The Presiding Member noted the following SAT Applications -

Current SAT Applications File No. & SAT DR No.

LG Name Property Location Application Description

Date Lodged

DAP/19/01600 DR161/2019

Town of Claremont

Lots 18 (164) and 19 (162) Alfred Road, Swanbourne

Proposed Childcare Centre

07/10/2019

DAP/19/01651 DR160/2020

City of Nedlands

Lot 1 (80) Stirling Highway, Lots 21-23 (2, 4 & 6) Florence Road and Lots 33 & 33 (9&7) Stanley Street, Nedlands

Shopping Centre 21/07/2020

DAP/19/01722 DR155/2020

City of Stirling

Lot 1 (331) West Coast Drive, Trigg

4 Storey Mixed Use Development

16/07/2020

11. General Business

The Presiding Member announced that in accordance with Section 7.3 of the DAP Standing Orders 2020 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

12. Meeting Closure

There being no further business, the Presiding Member declared the meeting closed at 3.06pm.