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Ordinary Meeting of Council 15 November 2017 Page 1 3.3 PROPOSED ACCESS TRACKS WITH ASSOCIATED EARTHWORKS AND REMOVAL OF NATIVE VEGETATION - PARUNA SANCTUARY, GIDGEGANNUP (AFFECTING LOT 205 EWING RD, LOT 206 CLENTON RD, LOT 109 AVON RD, AND LOT 303 COPLEY-DALE RD) (DA419-17) Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES An application has been received for an 11m wide access track, with associated clearing of native vegetation and earthworks, at the Paruna Sanctuary in Gidgegannup. The access track is proposed to be approximately 11.2kms long, and will facilitate the installation of a feral-animal proof fence in the middle of the track, to support the conservation of vulnerable fauna species within the Sanctuary. The fence itself is not part of this application, and is anticipated to be exempt from needing planning approval under LPS 17. The proposed track crosses 4 lots within the Sanctuary. The portion of proposed development over Lot 205 Ewing Road and Lot 206 Clenton Road is for the City's determination under Local Planning Scheme No.17 (LPS17). These 2 lots are zoned ‘Landscape’ under LPS17. The portion of proposed development over Lots 303 Copley-Dale Road and Lot 109 Avon Road is for sole determination by the Western Australian Planning Commission (WAPC), as Lot 303 is a Regional Reserve under the Metropolitan Region Scheme (MRS), and Lot 109 abuts waters in the Swan- Canning Rivers Development Control Area. The City has already provided advice to the WAPC recommending approval of the proposed development over these 2 lots, subject to conditions. An objection was received from the Public Transport Authority (PTA), citing concerns regarding potential damage to the adjoining rail reserve from drainage impacts, and concerns regarding the stability of cuttings / embankments where these are close to the rail corridor. They requested the applicants supply further information to satisfy their concerns. City staff consider the PTA's objection to be “unfounded", as the proposal will not result in increased water flows into the rail reserve. Conversely, the installation of culverts beneath the track will likely slow flows into the rail reserve during major storm events. The track is 4.8m from the railway reserve at the closest point, which is sufficiently far from the boundary to allow for adequate battering / banks to the track where required. No objections were received from other government agencies consulted (i.e. the Department of Water and Environment Regulation; the Department of Biodiversity, Conservation and Attractions; or the Department of Planning, Lands and Heritage). The proposal was supported subject to standard conditions.

Proposed Access Tracks with Associated Earthworks … · Control Area (DCA). Under the Metropolitan Region Scheme clause 30A(2)(a)(ii), ... (DBCA), which has absorbed the functions

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Ordinary Meeting of Council 15 November 2017

Page 1

3.3 PROPOSED ACCESS TRACKS WITH ASSOCIATED EARTHWORKS AND REMOVAL OF NATIVE VEGETATION - PARUNA SANCTUARY, GIDGEGANNUP (AFFECTING LOT 205 EWING RD, LOT 206 CLENTON RD, LOT 109 AVON RD, AND LOT 303 COPLEY-DALE RD) (DA419-17)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• An application has been received for an 11m wide access track, with associated clearing of native vegetation and earthworks, at the Paruna Sanctuary in Gidgegannup. The access track is proposed to be approximately 11.2kms long, and will facilitate the installation of a feral-animal proof fence in the middle of the track, to support the conservation of vulnerable fauna species within the Sanctuary. The fence itself is not part of this application, and is anticipated to be exempt from needing planning approval under LPS 17.

• The proposed track crosses 4 lots within the Sanctuary. The portion of proposed development over Lot 205 Ewing Road and Lot 206 Clenton Road is for the City's determination under Local Planning Scheme No.17 (LPS17). These 2 lots are zoned ‘Landscape’ under LPS17.

• The portion of proposed development over Lots 303 Copley-Dale Road and Lot 109 Avon Road is for sole determination by the Western Australian Planning Commission (WAPC), as Lot 303 is a Regional Reserve under the Metropolitan Region Scheme (MRS), and Lot 109 abuts waters in the Swan- Canning Rivers Development Control Area. The City has already provided advice to the WAPC recommending approval of the proposed development over these 2 lots, subject to conditions.

• An objection was received from the Public Transport Authority (PTA), citing concerns regarding potential damage to the adjoining rail reserve from drainage impacts, and concerns regarding the stability of cuttings / embankments where these are close to the rail corridor. They requested the applicants supply further information to satisfy their concerns.

• City staff consider the PTA's objection to be “unfounded", as the proposal will not result in increased water flows into the rail reserve. Conversely, the installation of culverts beneath the track will likely slow flows into the rail reserve during major storm events. The track is 4.8m from the railway reserve at the closest point, which is sufficiently far from the boundary to allow for adequate battering / banks to the track where required.

• No objections were received from other government agencies consulted (i.e. the Department of Water and Environment Regulation; the Department of Biodiversity, Conservation and Attractions; or the Department of Planning, Lands and Heritage). The proposal was supported subject to standard conditions.

Ordinary Meeting of Council 15 November 2017

Page 2

• The proposal was advertised to surrounding landowners for 14 days and no objections were received.

• City staff support the proposal, subject to recommended conditions.

It is recommended that the Council:

(1) Approves the proposed Access Tracks and Associated Earthworks and Removal of Native Vegetation on Lot 205 Ewing Road and Lot 206 Clenton Road under Local Planning Scheme No.17, subject to the recommended conditions; and

(2) Recommends to the Western Australian Planning Commission that the proposal also be approved under the Metropolitan Region Scheme.

AUTHORITY/DISCRETION

The proposal as submitted was for development (access track, with associated removal of native vegetation, and earthworks) across 4 lots within the Paruna Sanctuary.

The City has authority to determine development applications on Lots 205 Ewing Road and Lot 206 Clenton Road under LPS17. It is the portion of development over these 2 lots which is for consideration by Council.

The proposed development on the 2 remaining lots is for sole determination by the WAPC, for the following reasons:

• Lot 303 Copley-Dale Road is zoned Regional Reserve (Parks and Recreation) under the Metropolitan Region Scheme.

• Lot 109 Avon Road abuts waters within the Swan-Canning Rivers Development Control Area (DCA). Under the Metropolitan Region Scheme clause 30A(2)(a)(ii), the WAPC has authority to determine applications on this land.

The City has already provided advice to the WAPC in respect of development on these 2 lots, recommending approval subject to conditions.

Over Lot 205 Ewing Road and Lot 206 Clenton Road:

LPS17 (cl.10.3)

Council has discretion in accordance with cl.10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse the application.

2015 Regulations (cl.68(2))

Council has discretion in accordance with cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• granting development approval without conditions; or • granting development approval with conditions; or • refusing to grant development approval.

Ordinary Meeting of Council 15 November 2017

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Should Council resolve to issue an approval under LPS17 for development over Lot 205 Ewing Road and Lot 206 Clenton Road, the application will also require a further determination under the Metropolitan Region Scheme (MRS). The City does not have delegation to issue an approval under the MRS which contravenes the advice of another public authority.

Instrument of Delegation Del 2017/02 Powers of Local Governments and Department of Transport (cl.4(b))

Where a recommendation provided by another public authority specified in the delegation notice is not acceptable to the local government, the application, together with the recommendations provided by all public authorities consulted, and the reasons why the recommendation is not acceptable to the local government, shall be referred immediately to the WAPC for determination under the MRS.

RIGHT OF REVIEW

LPS17 (cl.10.10)

In accordance with cl.10.10 of Local Planning Scheme No.17, 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 14 of the Planning and Development Act 2005.

2015 Regulations (cl.76(2)

In accordance with cl.76(2) of the Planning and Development Local Planning Schemes) Regulations 2015, an affected person (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.

PROPOSAL AND PROPERTY DETAILS

The Australian Wildlife Conservancy (AWC) owns and manages the Paruna Sanctuary. They intend to create a feral cat and fox free area within Paruna Sanctuary, to support the conservation of vulnerable native fauna species.

To complete the project, AWC will undertake the following activities:

• Create an 11m wide track along a length of approximately 11.2kms within the property boundaries requiring removal of native vegetation, earthworks and drainage works;

• Construct approximately 11.2kms of specially designed feral proof fencing

centred within the 11m wide track, to connect with existing fencing and access tracks; upgrade existing fencing; and install new gates along the fence.

The current application comprises the track, associated earthworks and removal of native vegetation associated with this project. No plans have been submitted for the fence or gates, and from discussions to date it appears that these will not require approval under LPS17, as they are likely to comply with standard rural fencing provisions.

Ordinary Meeting of Council 15 November 2017

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All cleared, cut and filled areas will be finished to the limits, grades and levels shown on the earthworks drawings. A tolerance of 50mm in level will be permitted, however the surfaces will be evenly graded to form a smooth final finish.

It is estimated that up to 14 hectares of existing natural vegetation will be removed or directly impacted as a result of the proposed works.

Applicant: Australian Wildlife Conservancy Owner: Australian Wildlife Conservancy

(Directors: Mark Lane Robertson, Malcolm James McCusker, Ross Edward Ledger, Lea Trumbull Ferris, Andrew McRae Clifford, Michelle Belgiorno-Nettis, Graeme Lloyd Morgan, Timothy Fridtjof Flannery, Ross Allan Grant, Atticus Richard Fleming, Andrew Cornelis Van Boheemen, Kristy Hinze-Clark, Sophie Chamberlain)

Zoning: Lot 205 Ewing Road and Lot 206 Clenton Road: LPS17 - Landscape MRS - Rural Strategy/Policy: City of Swan Local Biodiversity Strategy (June 2016) Existing Land Use: Wildlife conservation sanctuary; predominantly

retained as natural bushland, with some facilities for visitors

Lot Size: Lot 205: 2,080,40m2 (208.1 ha) Lot 206: 31,679m2 (3.17 ha)

PUBLIC CONSULTATION

Public consultation was completed as per the following:

Duration: • 14 days from 4 July to 20 July 2017.

Method: • Notification Letters to landowners of 4 adjoining properties,

plus Walyunga National Park

Submissions received:

• 1 non-objection

The application was also referred to the following Government agencies:

• Department of Water and Environment Regulation (DWER), due to proposed vegetation clearing;

• Public Transport Authority (PTA), as both the subject lots abut a Railway Reserve;

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Page 5

• Department of Biodiversity, Conservation and Attractions (DBCA), which has absorbed the functions of the former Swan River Trust and the Department of Parks and Wildlife. The development was close to (though not abutting) the Swan-Canning Rivers Development Control Area, with potential to affect streams flowing into the Swan River. The land also abuts Walyunga National Park;

• Department of Planning, Lands and Heritage (DPLH), for advice regarding Aboriginal heritage sites.

DESCRIPTION OF SITE

Paruna Sanctuary is a conservation estate that is owned and managed by the Australian Wildlife Conservancy (AWC). It forms an important wildlife corridor between Walyunga National Park (in the west) and the Avon Valley National Park (to the east). The sanctuary supports a number of threatened native fauna species, including the Chuditch and Honey Possum; and has successfully reintroduced endangered species of wallabies.

Lots 205 Ewing Road and 206 Clenton Road are bounded to the north by a railway reserve, with the Avon River on the other side. The terrain is mostly hilly and steep; there are three or four significant valleys, and some smaller valleys, with many small streams flowing into the Avon River. The vegetation is mostly open woodland, with denser tree cover around some valleys and in the south.

APPLICANT'S SUBMISSION

(Re drainage concerns)

AWC engaged professional consultants to provide advice, guidance and design on this project. A project which is solely conducted within AWC property boundaries. As such, the hydrology report included in the Development Application … is focused on the AWC project and site and ensuring it will have no adverse impact to the Avon River and subsequently to the railway culverts. The modelling supports the report verbiage that the fenceline design, including associated drainage, will have NO impact to the existing flow and catchment of water at Paruna. There is no additional water, there is no change to the catchments, there is no increase to the flows, and therefore there is no impact to the existing Railway culverts.

Ordinary Meeting of Council 15 November 2017

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(Re requests for further information including a geotechnical report and plans showing additional reference points within the railway reserve).

Further to the engineer’s drawings already provided, AWC included a map detailing setbacks from the property boundary to the fenceline track in our letter dated 18 August 2017. This map also demonstrates that the new fenceline track will not encroach beyond the existing track edge that runs parallel to the railway corridor….

The batter located on the downside (railway side) will be 1 in 2 grade maximum, where appropriate. Depending on where the actual fence line is constructed, the batter will be reduced to suit the existing contours and minimise both the earthworks and disruption footprint.

It is unreasonable and deleterious to our application that the PTA on behalf of the rail line operator make a request for documentation in a different format almost six weeks from their first questions raised on 18 August 2017.

ASSESSMENT

Zoning & Permissibility of Land Use:

Lot 205 Ewing Road and Lot 206 Clenton Road are zoned ‘Rural’ under the Metropolitan Region Scheme and ‘Landscape’ under the City’s Local Planning Scheme No.17.

The relevant objectives of the Landscape Zone are to:

• Provide for low density rural residential development and associated rural-residential activities, recognising the visual characteristics of the landscape;

• Ensure as far as practicable, that the environmental and landscape characteristics of the area are not compromised by development and use of the land for either rural or residential purposes.

Clearing of native vegetation / environmental impact: The purpose of the track is to facilitate installation of a feral-proof fence along the centre of the track. This fence is intended to provide protection to vulnerable native fauna within the Paruna Sanctuary. In excluding feral herbivores (e.g. goats and pigs), it is also anticipated to improve the quality of the native flora at Paruna. The width of the proposed track is 11m, in order to provide adequate protection from falling branches / trees on either side which could damage the fence; and to provide 4WD vehicle access on either side, with sufficient clearance from the fence. City staff have advised that the vegetation proposed to be cleared is of a type (Helena 2 complex) which is well represented within the City and which does not require special protection; and that there is no indication of significant flora in the vicinity. The total area of the proposed clearing is around 1% of the project area.

Ordinary Meeting of Council 15 November 2017

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Government agencies who were consulted in regards to the potential environmental impacts of the proposal advised that they had no objections, subject to standard conditions. The Department of Water and Environment Regulation (DWER) advised that a clearing permit would be required under the Environmental Protection Act 1986, in addition to planning approval. The Department of Biodiversity, Conservation and Attractions (DBCA), which has absorbed the functions of the former Swan River Trust, advised they had no objection to the proposal, subject to standard conditions including use of clean fill, and measures to minimise the risk of erosion and sedimentation impacts on nearby water bodies during works. Drainage / Engineering: The application was referred to the Public Transport Authority (PTA) for advice, as both lots abut the Railway Reserve. The PTA, on behalf of Arc Infrastructure, which now leases the rail line, objected to the proposal due to concerns about adverse drainage impacts on the rail corridor (both local flooding into the rail corridor, and impacts from cut and fill involved in constructing the access track). They also requested further information comprising a geotechnical investigation to satisfy them that the track and its embankments could be adequately stabilised; a revised site plan showing the access track in relation to marked posts within the rail reserve; and details of how proposed culverts (beneath the access track) would tie into culverts in the rail corridor. The applicants have disputed the need to provide any further information, stating that this is unreasonable. City staff consider that the hydrology report submitted is satisfactory. The proposed works include some drainage culverts beneath the track, which will restrict water flows downstream during major storm events, meaning slower water flow into the railway reserve compared to the current situation. The access track is 4.8m from the rail reserve boundary at the closest point and there is no direct discharge into the rail reserve. City staff consider the concerns of PTA therefore to be unfounded. City staff are also satisfied with the design of the track, which is only intended to be used by 4WD vehicles. A geotechnical report is not considered necessary, as the track batters are appropriately designed to the soil conditions (gravel / rocky soil) and are far enough from the railway reserve to allow for adequate battering / banks to the track, where required. Nonetheless, a condition is recommended to require AWC to maintain the track and rectify any erosion problems, in order to allay PTA concerns. It is not considered reasonable or relevant to require the applicants to submit further plans which detail the locations of PTA culverts or distance posts on the adjoining railway reserve. The plans submitted are considered perfectly adequate for DA assessment purposes. Other issues:

The proposal was advertised to adjoining landowners: no objections were received or concerns raised in relation to the proposal.

The Department of Planning, Lands and Heritage (DPLH) advised that the proposal intersects a reported Aboriginal heritage site and a heritage place, and has provided advice as to how the applicant can pursue the necessary due diligence. This is a separate process to the planning approval process. The DPLH’s advice is recommended to be included as an advice note on any approval.

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City staff recommend the track be maintained to normal firebreak standards; a condition has been recommended accordingly. They have also provided advice on the number / spacing of access gates in the future fence, to provide suitable access for fire response vehicles; this shall be included as an advice note on any approval.

The proposed works are considered to be entirely consistent with the objectives of the Landscape zone. The proposed vegetation clearing is minimal in the context of the total area of the Sanctuary, will not affect high conservation value vegetation, and will facilitate further protection of the existing conservation estate. The proposal will have no detrimental drainage impacts on adjoining properties or on the streams which run through the project site. The concerns raised by the PTA are considered to be without foundation. Approval is recommended.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to:

1) Grant approval under LPS17 for the proposed Access Tracks and Associated Earthworks and Removal of Native Vegetation at Lot 205 Ewing Road and Lot 206 Clenton Road, subject to the recommended conditions; and

2) Recommend the WAPC approve the application under the MRS.

Implications: An approval will be issued under LPS17, and a recommendation of approval sent to the WAPC. Should the WAPC also resolve to approve the proposal under the MRS, the proponent will be able to proceed with the development.

This is the recommended option.

Option 2: Council may resolve to refuse the proposed Access Tracks and Associated Earthworks and Removal of Native Vegetation at Lot 205 Ewing Road and Lot 206 Clenton Road under LPS17, for the following reason:

1. The City concurs with the advice of the PTA that the proposal will have unacceptable drainage implications on the adjacent rail corridor.

Implications: Should the City accept the recommendation of the Public Transport Authority, there is no requirement for the WAPC to make a further determination under the MRS. If the applicant is aggrieved by the decision of the Council, a right of appeal exists to the State Administrative Tribunal.

This is not the recommended option.

Ordinary Meeting of Council 15 November 2017

Page 9

CONCLUSION

The proposed 11m wide Access Track with Associated Earthworks and Removal of Native Vegetation is supported for the following reasons:

1. The proposal is considered to be consistent with the objectives of the Landscape zone, in that it is not considered detrimental to the environmental or landscape characteristics of the area. The proposed vegetation clearing is minimal in terms of the size of the subject lots, and will not affect high conservation value vegetation. The proposed development will facilitate installation of a feral-proof fence, which will better protect existing native flora and fauna within Paruna Sanctuary.

2. The City rejects the PTA’s contention that the proposed development could result in detrimental drainage impacts on the adjacent railway corridor. City staff consider that the hydrology report submitted with the application is sound and that the proposed installation of culverts upstream of the rail reserve will, if anything, restrict / slow water flows into the railway reserve during major storm events. The PTA’s objection is described as “unfounded”.

3. City staff reject the PTA’s contention that further information needs to be provided to enable assessment of the application.

4. There have been no other objections raised by the relevant Government agencies who were consulted in regard to potential impacts on the Avon River and its tributaries; the proposed vegetation clearing; and Aboriginal heritage. There were no concerns raised by neighbouring landowners, following advertising.

Accordingly, it is recommended Council approve the proposal subject to conditions.

ATTACHMENTS

Zoning map marked up to show whether which authority (the City or WAPC) has power to issue planning determination over individual lots.

Aerial map showing natural topography of subject lots

Plan set for approval, including site plan, profile and hydrology report.

STRATEGIC IMPLICATIONS

City of Swan Local Biodiversity Strategy (June 2016)

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Planning and Development Local Planning Schemes) Regulations 2015

Statement of Planning Policy 3.1 – Residential Design Codes

Ordinary Meeting of Council 15 November 2017

Page 10

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Pursuant to cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015 approve the proposed Access Tracks with Associated Removal of Native Vegetation and Earthworks at Lot 205 Ewing Road and Lot 206 Clenton Road under Local Planning Scheme 17, subject to the following conditions:

1. This approval under Local Planning Scheme 17 applies to the portion of the proposed development on Lot 205 Ewing Road and Lot 206 Clenton Road only.

2. This approval is for “11m wide Access Track, including incidental earthworks and removal of native vegetation” as depicted on the approved plans date stamped received at the City of Swan on the 18 August 2017 and 27 June 2017. The native vegetation approved for removal is only as much as is necessary to remove to allow the construction of the 11m wide track.

3. The proposed access track, earthworks and drainage works are to be constructed in accordance with the following plans and specifications:

• “Earthworks, roadworks and drainage” civil drawings for Paruna Wildlife Sanctuary prepared by Pritchard Francis March 2017 and date stamped received at the City of Swan on 27 June 2017.

• Paruna Wildlife Sanctuary – Surface Hydrology Report for Northern Boundary Access Track prepared by Jim Davies and Associates Pty Ltd (JDA Consultant Hydrologists) March 2017 and date stamped received at the City of Swan 27 June 2017.

4. The vehicle access track shall be maintained by the landowner at all times,

and any erosion problems shall be rectified immediately, to the satisfaction of the City of Swan.

5. To ensure that the proposed track can function as an effective firebreak, it shall be continually maintained to the following standards:

• Minimum 3m wide clear of flammable materials; and

• Minimum 4m vertical clear of vegetation / overhanging branches;

along the full length of the track, to the satisfaction of the City of Swan.

Ordinary Meeting of Council 15 November 2017

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6. Prior to the commencement of works, an environmental management plan is to be prepared and approved to ensure the protection and management of the site’s environmental assets, with arrangements being made for implementation of the approved plan, to the satisfaction of the City of Swan.

This plan is to address the following issues:

• To advise how works will be undertaken and what measures will be undertaken to protect the environment generally, including vegetation surrounding the proposed Access Track;

• To ensure that appropriate dieback management procedures are followed;

• Retention of woody materials (from cleared vegetation) on site, to provide habitat for fauna.

7. Prior to commencement of any clearing works subject of this approval, the

applicant shall undertake a survey, to the satisfaction and approval of the Chief Executive Officer that:

i. identifies the number and location (GPS pinpointed) of trees within the alignment of the proposed access track that are likely to constitute a habitat for Carnaby’s Black Cockatoo; and

ii. outlines whether each such identified tree is to be retained or

removed.

8. Any trees identified for retention under the approved Habitat Survey shall not be removed.

9. The applicant must ensure that the fill products used are geotechnically suitable and otherwise fit for their purpose (i.e. clean, uncontaminated and free from weed diseases) and that they do not cause environmental harm, pollution, unreasonable emissions or unauthorised discharges contrary to the Environmental Protection Act 1986 or other legislation.

10. No soil, fill, rubbish or any other deleterious matter shall be allowed to enter the Avon River and its associated tributaries as a result of the works.

11. Appropriate measures shall be taken to stabilise and prevent erosion of any earth batters (associated with the access track) and to ensure that no sediment-laden runoff from the site is allowed to enter the Avon River and its associated tributaries.

Ordinary Meeting of Council 15 November 2017

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A management plan detailing how risk of erosion and sedimentation impacts into nearby water bodies will be minimised during earthworks is to be:

(a) prepared by the landowner / applicant and approved prior to the commencement of earthworks; and

(b) implemented during earthworks;

to the satisfaction of the City of Swan on advice from the Rivers and Estuaries Division of the Department of Biodiversity, Conservation and Attractions.

12. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES: Standard advice notes apply.

2) Recommend to the WAPC that the proposed Access Tracks with Associated Removal of Native Vegetation and Earthworks at Lot 205 Ewing Road and Lot 206 Clenton Road be approved under the Metropolitan Regional Scheme, pursuant to the Instrument of Delegation Del 2017/02 clause 4(b), providing the reasons why the recommendation of the Public Transport Authority is not supported by the City.

3) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

4) Advise those that lodged a submission of the Council's decision.

CARRIED

DISCLAIMER: Information shown hereon is a composite of informationfrom various different data sources. Users are warned that theinformation is provided by the City of Swan in this format as a generalresource on the understanding that it is not suitable as a basis fordecision making without verification with the original source.

12 October 2017

1:40000

Lot 109

Lot 303

Lot 205

Lot 206

Development on Lots 205 & 206is for the City's determinationunder LPS 17.Where the City disagrees withadvice from another governmentagency in issuing an approval,the application also requires afurther approval from the WAPCunder the MRS.

Development on Lot 303 is solely forWAPC determination, as the land iszoned Regional Reserve (Parks andRecreation). The City has alreadyprovided a recommendation ofapproval to the WAPC.

Development on Lot 109 is solely forWAPC determination under the MRS.The City has already provided arecommendation of approval to theWAPC..The lot abuts waters in the Swan-Canning Rivers Development ControlArea, therefore under clause 30A(2)(a)requires determination under the MRS..It does not require further approvalunder LPS 17.

Attachment 1 - Zoning map showing who is the relevant determining authority over the various lots subject of this application.

DISC

LAIM

ER: Inform

ation shown hereon is a com

posite of information

from various different data sources. U

sers are warned that the

information is provided by the C

ity of Sw

an in this format as a general

resource on the understanding that it is not suitable as a basis for decision m

aking without verification w

ith the original source.

12 October 2017

1:18056

Attachm

ent2.Show

ingnaturaltopography

ofLots205,206

and109

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Berry Rd

AvonRd

East Rd

Ewing Rd

O'Br

ienRd

NorthEa st

Rd

Railway Access Rd

Clenton Rd

Copley - Dale Rd

206

Lot 205

Lot 128

Lot 109

Lot 303

Lot 60

Lot 108

Lot 109

AWC Paruna Wildlife SanctuaryDevelopment Application

Legend" Operations Base (98 Ewing Rd)

#

#

Existing Gate

#

#

New GateExisting TrackNew TrackRailwayBoundary

0 1 2

KilometresReference j1426; 9 August 2017 ¯1:100K Topographic Background:Commonwealth of Australia (Geoscience Australia)

Datum: GDA94

Revised site plan received at City of Swan 18.8.17.

Proposed development on Lots 109 and 303is not subject of any approval by the City ofSwan under LPS 17.Gates shown are not subject of this approval- indicative only.

Attachment 3: Plan set for approval

Gates not subject ofthis approval

22

1

2

34

5

6

7

8 910

11

12

13

14

1516 17

18 19 20

21

Lot 205

Lot 128

Lot 109

Lot 303

Lot 60

Lot 108

Lot 109

206

LegendMeasurement PointsNew TrackBoundary

IDDistance (m)

Boundary to Track Edge1 65.02 198.23 50.14 38.85 18.16 8.47 7.18 4.89 16.910 10.011 7.012 9.413 7.914 22.315 17.816 8.017 16.918 8.919 7.420 87.521 571.722 249.0

0 1 2 3

KilometresReference j1426; 9 August 2017 ¯Datum: GDA94

AWC Paruna Wildlife SanctuaryDevelopment Application

Revised site plan received at City of Swan 18.8.17.Setback information in red added 12.9.17 followingconfirmation from applicant.

1 & 2 taken from western boundary

21 taken from northern boundary22 taken from southern boundary

Proposed development on Lots 109 and 303is not subject of any approval by the City ofSwan under LPS 17

Lot 205

Lot 206

Lot 109