Western Australian Planning Commission Notice is hereby

Western Australian Planning Commission

Notice is hereby given the next meeting of the WesternAustralian Planning Commission will be:

Meeting No. 294

Wednesday, 23 September, 2020, 9:30 amVirtual meeting over Zoom

This meeting is not open to members of the public

Pages

1. Declaration of opening

2. Apologies

3. Members on leave of absence and applications for leave of absence

4. Disclosure of interests

5. Declaration of due consideration

6. Minutes

6.1 Confirmation of minutes - Meeting No. 293 on Wednesday 19 August2020

10 - 22

7. Deputations and presentations

8. Strategic items for decision

8.1 Draft State Planning Policy 2.9 Planning for Water (DP/16/00170)

8.2 State Planning Policy 2.4 Planning for Basic Raw Materials and theBasic Raw Materials Guidelines (DP/13/00395)

8.3 State Planning Policy 4.1 Industrial Interface (DP/09/00366)

8.4 Declaration of Planning Control Area – Hutton Street (Hector Street toHowe Street) (RLS/0924)

9. Statutory items for decision

9.1 MRS Amendment 1328/57 - Hazelmere Enterprise Area StructurePlan, Precinct 7 (RLS/0653/1)

23 - 23

9.2 MRS Amendments 1369/57 - West Piara Urban Precinct and 1370/57- West Piara High School Site (RLS/0795/1, RLS/0806/1)

24 - 24

9.3 Bennett Springs East - Proposed Improvement Plan No. 55(RLS/0914)

9.4 Approval of Delegations – Port Hedland West End ImprovementScheme No. 1 (PLH2018P0600)

10. Project reports

10.1 Coastwest Achievements 2011-2019 Report (DPLH2018P0586)

10.2 Perth and Peel Urban Land Development Outlook 2020-21

WAPC Agenda Page 2

(PLH2018PO502)

10.3 WAPC Planning Policy Framework Review – September 2020Update (PLH2018P0269)

12. Stakeholder engagement and site visits

13. Urgent or other business

15. Meeting closure

WAPC Agenda Page 3

WAPC STRATEGIC PLAN 2018-2021

OUR VISION: Creating better places to live and work for all Western Australians

OUR MISSION: Ensuring the planning system develops policy and enables planning decisions for the long-term benefit of the Western Australian community

Our Functions Our Focus Our Priorities Our Outcomes

• State Planning Strategy and Policy

• Regional, Sub-Regional and

Local Planning Strategies

• Regional and Local Planning Schemes

• Planning and Development Applications – Subdivision and Strata Title

• Structure Planning

• Improvement Plans & Schemes

• Infrastructure Planning and Coordination

• Research, Modelling & Analysis

• Improve the Planning System

• Finance & Property Management

Jobs and infrastructure

• Facilitate economic diversification and development• Support development of a State Infrastructure Strategy• Deliver a planning system and processes adapted for technological change in

the community and economy• Support delivery of METRONET through the planning system as part of a whole-

of-government approach

• Sufficient urban, commercial, industrial and priority agricultural land for growth• Long-term strategic industry, infrastructure planning and corridor protection• Strong industry and employment hubs with particular emphasis on tourism, food and

agriculture, education, research and technology• Alignment and integration of land use, infrastructure and transport planning

Liveable Communities

• Facilitate infill development and sustainable urban growth• Address barriers to affordable living and housing diversity through policy

leadership

• Increased density and diversity around Activity Centres• Achieve infill housing and density targets and greater housing choice• Enable creation of liveable cities and towns with quality public and private spaces

A Better Built Environment

• Lead precinct planning to enable METRONET• Develop a policy and decision-making framework to encourage greater

housing options for changing demographic needs• Promote and protect the urban tree canopy for all communities for amenity and

health benefits

• Improved design of urban centres, corridors and stations • Improved design quality of the built environment • Greater community support for more diverse housing options, urban centres, corridors

and stations• Protection and enhancement of the urban tree canopy across diverse communities

Transparent, Equitable and Efficient Planning Processes

• Continued review and reform of the planning system and processes • Greater early, effective and genuine communication and engagement with the

community and industry on planning and development issues• Improve collaboration and capability of all key decision-makers in the planning

system, including local government• Implement technological improvements including quality online reporting on

planning performance for all WAPC functions

• Efficient, transparent and timely assessment and decisions on planning applications and processes

• Contemporary region and local planning strategies, schemes and regulations• Improved transparency, efficiency and community support for planning processes• Updated and effective Planning and Development Act 2005 and regulations

Environment and Natural Resources

• Continue the Coastal Management and Planning Program to deal with the risks posed by climate change

• Ensure bushfire regulations reflect planning appropriate for the risk to community and the environment

• Sustainable development which protects, conserves and promotes natural assets (land and water) and biodiversity

• A planning system which addresses climate change • Planning to mitigate risks from natural hazards and events

Land and Finance Management

• Contribute to the successful delivery of METRONET through strategic, efficient and innovative use of the Metropolitan Region Improvement Fund

• Ensure WAPC land and property assets are used for long-term community benefit

• WAPC land management in place to deliver METRONET• Effective and sustainable stewardship and management of the Metropolitan Region

Improvement Fund• Increased regional open space in Greater Perth

STATE PLANNING STRATEGY PRINCIPLES:

CommunityEnable diverse, affordable, accessible and safe communities

EconomyFacilitate trade, investment, innovation, employment and community betterment

EnvironmentConserve the State’s natural assets through sustainable development

InfrastructureEnsure infrastructure supports development

Regional DevelopmentBuild the competitive and collaborative advantages of the regions

GovernanceBuild community confidence in development processes and practices

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Updated: 1 May 2019 Page 1 ar

Information for WAPC members Quorum: 7 of 14 members

Member Representation in accordance with the Planning and Development Act 2005

Term of office ends

Mr David CADDY Chairman WAPC Section 10(1)(a)

16/04/2021

VACANT Deputy Chairperson Schedule 1, Clause 6(3)

VACANT

Mayor Emma COLE Local government – metropolitan (nominated by WALGA) Section 10(1)(b)(i)

30/06/2020

VACANT Local government – metropolitan (Deputy) (nominated by WALGA) Schedule 1 clause 7(1)

VACANT

Cr Veronica FLEAY Local government – non metropolitan (nominated by WALGA) Section 10(1)(b)(ii)

30/06/2020

VACANT Local government – non metropolitan (Deputy) (nominated by WALGA) Schedule 1 clause 7(1)

VACANT

Ms Helen BROOKES Coastal planning and management representative Section 10(1)(b)(iii)

30/06/2020

Ms Jane BENNETT Urban and regional planning, property development, commerce and industry, business management, financial management, engineering, surveying, valuation, transport or urban design representative Section 10(1)(b)(iv)

30/06/2020

Mr Fred CHANEY Environmental conservation, natural resource management or heritage interests representative Section 10(1)(b)(v)

30/06/2020

VACANT Planning and provision of community services, community affairs or indigenous interests representative Section 10(1)(b)(vi)

VACANT

Ms Gail McGOWAN CEO, administering Planning and Development Act 2005 Section 10(1)(c)(i)

ex officio

Mr Mike ROWE CEO, administering Water and Rivers Commission Act 1995 and Environmental Protection Act 1986 Section 10(1)(c)(ii) and Section 10(1)(c)(iv)

ex officio

Mr Peter WORONZOW CEO administering Transport Coordination Act 1966 Section 10(1)(c)(iii)

ex officio

Mr Richard SELLERS CEO, administering Government Agreements Act 1979 Section 10(1)(c)(v)

ex officio

Ms Michelle ANDREWS CEO, administering Housing Act 1980 Section 10(1)(c)(vi)

ex officio

VACANT 'Planner’ from portfolio agencies Section 10(1)(c)(vii)

VACANT

Ms Paddi CREEVEY, OAM Nominee of Minister for Regional Development Section 10(1)(c)(viii)

Current Nominee

Mr Ralph ADDIS Associate member for the nine (9) regions in Schedule 4 – Department of Regional Development, CEO administering Regional Development Commissions Act 1993 Section 11

31/08/2019

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Role

The functions of the Commission are described in section 14 of the Planning and Development Act 2005 (PD Act):

14. Functions

The functions of the Commission are —

(a) to advise the Minister on —

(i) the coordination and promotion of land use, transport planning and land development in the State in a sustainable manner;

(ii) the administration, revision and reform of legislation relating to land use, transport planning and land development;

(iii) local planning schemes, and amendments to those schemes, made or proposed to be made for any part of the State;

and

(b) to prepare and keep under review —

(i) a planning strategy for the State; and

(ii) planning policies, as a basis for coordinating and promoting land use planning, transport planning and land development in a sustainable manner, and for the guidance of public authorities and local governments on those matters; and

(c) to plan for the coordinated provision of transport and infrastructure for land development; and

(d) to provide advice and assistance to any body or person on land use planning and land development and in particular to local governments in relation to local planning schemes and their planning and development functions; and

(e) to undertake research and develop planning methods and models relating to land use planning, land development and associated matters; and

(f) to keep under review the strategic planning for the metropolitan region and any other part of the State to which a region planning scheme applies and to make recommendations to the Minister on that strategic planning; and

(g) to prepare and amend State planning policies under Part 3; and

(h) to prepare region planning schemes under Part 4; and

(ia) to prepare improvement plans and improvement schemes under Part 8; and

(i) to keep under review each region planning scheme and improvement scheme, to review the scheme completely whenever requested by the Minister to do so and to submit for approval under Part 4 or 8 any amendment considered necessary as a result of a review; and

(j) to develop, maintain and manage land held by it that is reserved under a region planning scheme or improvement scheme and to carry out such works, including the provision of facilities on the land, as may be incidental to development, maintenance or management or to be conducive to the use of the land for any purpose for which it is reserved; and

(k) to establish, and exercise powers in relation to, committees under Schedule 2; and

(l) to do all things that are necessary for the purpose of carrying out this Act, region planning schemes and improvement schemes; and

(m) to do anything else that it is required or authorised to do by this or any other written law.

[Section 14 amended by No. 28 of 2010 s. 7.]

The WAPC is the statutory authority with Statewide responsibilities for urban, rural and regional land use planning and land development matters. The WAPC responds to the strategic direction of government and is responsible for the strategic planning of the State.

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The WAPC can have up to 15 members. These include an independent chairman, the directors' general of seven government agencies and representatives from economic, social and environmental areas, local government, regional development and coastal management. The WAPC is serviced by a number of planning committees that have a range of expertise and local community knowledge.

The WAPC operates with the support of the Department of Planning (DoP), which provides professional and technical expertise, administrative services, and resources to advise the WAPC and implement its decisions. In this partnership the WAPC has responsibility for decision-making and a significant level of funding while the department provides the human resources and professional advice.

The WAPC delegates some of its functions to officers of the department. This delegated authority includes decisions on subdivision and development applications, when they comply with the WAPC policies and practices.

Membership (extract from PD Act)

The composition of the Board is in accordance with Section 10(1) of the Planning and Development Act 2005:

10. Membership of board

(1) The board is to consist of the following members —

(a) a chairperson appointed by the Governor on the nomination of the Minister; and

(b) 6 members appointed by the Governor, of whom —

(i) one is to be a person nominated by the Minister from a list of the names of 4 persons representing the interests of local governments within the metropolitan region submitted to the Minister by WALGA; and

(ii) one is to be a person nominated by the Minister from a list of the names of 4 persons representing the interests of the local governments outside the metropolitan region submitted to the Minister by WALGA; and

(iii) one is to be a person nominated by the Minister as having experience of the field of coastal planning and management; and

(iv) one is to be a person nominated by the Minister as having practical knowledge of and experience in one or more of the fields of urban and regional planning, property development, commerce and industry, business management, financial management, engineering, surveying, valuation, transport or urban design; and

(v) one is to be a person nominated by the Minister as having practical knowledge of and experience in one or more of the fields of environmental conservation, natural resource management or heritage interests; and

(vi) one is to be a person nominated by the Minister as having practical knowledge of and experience in one or more of the fields of planning and provision of community services, community affairs or indigenous interests;

and

(c) the least number of other members who include —

(i) the chief executive officer of the department principally assisting in the administration of this Act; and

(ii) the chief executive officer of the Water and Rivers Commission established by the Water and Rivers Commission Act 1995 3; and

(iii) the chief executive officer of the department principally assisting in the administration of the Transport Co-ordination Act 1966; and

(iv) the chief executive officer of the department principally assisting in the administration of the Environmental Protection Act 1986; and

(v) the chief executive officer of the department principally assisting in the administration of the Government Agreements Act 1979; and

(vi) the chief executive officer of the department principally assisting in the administration of the Housing Act 1980; and

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(vii) a person, whether a member under another subparagraph or another person nominated by the Minister, who has experience in the field of urban and regional planning and is employed in an agency, as defined in the Public Sector Management Act 1994, for which the Minister is responsible; and

(viii) a person nominated by the Regional Minister”.

In accordance with Section 11(2) of the Planning and Development Act 2005, “The Governor may, on the nomination of the Minister, appoint an associate member for a region referred to in Schedule 4”.

On 13 December 2011, the Governor appointed an Associate Member for a region referred to in Schedule 4.

Delegated Authority (extract from section 16 PD Act)

(1) The Commission may, by resolution, delegate to a person or body referred to in subsection (3) any function of the Commission under this Act or any other written law, except this power of delegation.

(2) A resolution referred to in subsection (1) takes effect when notice of the resolution is published in the Gazette.

(3) A delegation under subsection (1) may be made to –

(a) a member or associate member;

(b) a committee established under Schedule 2, or a member of such a committee;

(c) an officer of the Commission;

(d) a public authority or a member or officer of a public authority; or

(e) a local government, a committee established under the Local Government Act 1995 or an employee of a local government.

(4) The reference to functions in subsection (1) extends, without limitation or restriction, to all of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the Commission by this Act or any other written law.

(5) Without limiting the generality of subsection (1), where the Commission has delegated its functions under section 14(i) and (1), the delegation includes, subject to the instrument of delegation, a delegation of every function of the Commission under Part 4.

(6) A delegate cannot sub-delegate the exercise or performance of any function.

(7) A delegate exercising or performing a function as authorised under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(8) Nothing in this section limits the ability of the Commission to act through an officer or agent.

(9) This section does not apply to the execution of documents but authority to execute documents on behalf of the Commission can be given under section 24.

Quorum for meetings

In accordance with the Western Australian Planning Commission (WAPC), Governance Guide – Standing Orders, Section 5.1 - Quorum for meetings: The quorum for board meetings is dealt with in the Act.

Note: Clause 8(5) of Schedule 1 of the Act as follows: At any meeting of the board a number of members equal to at least one half of the number of members provided for by section 10 constitute a quorum.

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Disclosure of interests

In accordance with the Planning and Development Act 2005 and Section 4 of the Western Australian Planning Commission (WAPC), Governance Guide – Standing Orders, members of Committees (and certain employees) are required to disclose the following types of interests that they have or persons closely associated to them, have: direct and indirect pecuniary interests (financial); proximity interests (location); and impartiality interests (relationship).

A “direct pecuniary interest” is one where a member has an interest in a matter where it is reasonable to expect that the matter if dealt with by the Board or a Committee, or an employee in a particular way, will result in a financial gain, loss, benefit or detriment for the member.

An “indirect pecuniary interest” refers to an interest in a matter where a financial relationship exists between a member and another person who requires a WAPC decision in relation to the matter.

A “proximity interest” refers to an interest of a member, or close associate of the member, in a matter if the matter concerns –

(a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

(b) a proposed change to the zoning or use of land that adjoins the person’s land; or

(c) a proposed development, maintenance or management of the land or of services or facilities on the land that adjoins the person’s land.

An “Impartiality interest” means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the member having the interest and includes an interest arising from kinship, friendship, partnership or membership of an organisation or an association with any decision-making process relating to a matter for discussion before the Board or a Committee.

Members disclosing any pecuniary or proximity interests for an item cannot participate in discussion or the decision making procedure relating to the item and must leave the meeting room during the discussion of the item. Members disclosing an impartiality interest in an item must also leave the room during the discussion or the decision making procedure relating to the item unless the Committee, by formal resolution, allows the member to remain. The reason to allow a member to remain must be stated in the formal resolution and will be minuted.

Disclosure of representations

Where a member has had verbal communication with or on behalf of a person with an interest in a matter which is before a meeting, the member is to disclose the interest.

Where a member is in receipt of relevant written material (including email) from or on behalf of a person with an interest in a matter which is before a meeting, the member is to table the material at the meeting for the information of members.

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Western Australian Planning Commission

Minutes

Meeting No. 293 Wednesday, 19 August, 2020

Members: David Caddy - Chairman WAPC Jane Bennett - Professions Representative Helen Brookes - Coastal Planning and Management Representative Emma Cole - Metropolitan Local Government Representative Paddi Creevey - Nominee of the Regional Minister Veronica Fleay - Local government representative, Non-metropolitan Gail McGowan - Director General, Department of Planning, Lands and

Heritage

Richard Sellers - Director General, Department of Jobs, Tourism, Science and Innovation

Apologies: Ralph Addis - Director General, Department of Primary Industries and Regional Development (Associate member)

Michelle Andrews - Director General, Department of Communities Fred Chaney - Professions Representative Mike Rowe - Director General, Department of Water and

Environmental Regulation

Peter Woronzow - Director General, Department of Transport Observers: Nigel Hindmarsh - Department of Communities Justin McKirdy - Department of Transport Patrick Seares - Department of Water and Environmental Regulations Others Present: Daniel Bromley - Senior Planning Officer, Urban Design and

Development

Kathy Bonus - Chief Planning Advisor Sean Collingwood - Planning Director, Regional North Michael Daymond - Manager, Special Projects Sam Fagan - Manager, Commission Business Jason Gordon - Principal Planning Officer, Strategic Policy and

Projects

Georgina Lockhart - Commission Support Officer Michelle Matthewman - Senior Commission Support Officer Damien Martin - Acting Assistant Director General, Strategy and

Engagement

Patrick McClure - Planning Manager, Regional North West Anthony Muscara - Principal Planning Officer, Schemes and

Amendments

Lisa Powell - A/Planning Director, Infrastructure Planning and Policy Brett Pye - Senior Planning Officer, Schemes and Amendments David Saunders - Assistant Director General, Land Use Planning

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Margaret Smith - Planning Director, State Development Assessment Unit

Samantha Stokes - Manager Strategic Infrastructure, Infrastructure Policy

Peter Wood - Principal Planning Officer, Regional North ___________________________________________________________________

1. Declaration of opening

The Chairman declared the meeting open at 9.14am, acknowledged the peoples of the Noongar nation as the traditional owners and custodians of the land on which the meeting is taking place and welcomed members. The Chairman noted that most members were attending the meeting via Zoom video conference.

2. Apologies

Ralph Addis - Director General, Department of Primary Industry and Regional Development.

Michelle Andrews - Director General, Department of Communities

Fred Chaney - Professions Representative.

Mike Rowe - Director General, Department of Water and Environmental Regulation. Patrick Seares observing.

Peter Woronzow - Director General, Department of Transport. Justin McKirdy observing.

3. Members on leave of absence and applications for leave of absence

Nil.

4. Disclosure of interests

Ms Bennett declared an impartiality interest on Item 9.3 - MRS Amendment 1366/57 - Lot 912 Midland Road, Bushmead. Ms Bennett stated that DevelopmentWA is the proponent and that she sits on the WA Land Authority Board that oversees the operation of DevelopmentWA. Members agreed that Ms Bennett should not be present during the discussion and/or decision-making procedure on the item.

Ms Bennett declared an actual impartiality interest on Item 9.4 - MRS Amendment 1364/57 - Kwinana Freeway, Mundijong Road and Kulija Road Intersection. Ms Bennett stated that CLE Town Planning + Design is her employer and the proponent on the item. Members agreed that Ms Bennett should not be present during the discussion and/or decision-making procedure on the item.

5. Declaration of due consideration

All members indicated that they had received and considered the agenda items prior to the Western Australian Planning Commission meeting.

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6. Minutes

6.1 Confirmation of minutes - Meeting No. 292 on Wednesday 22 July 2020

Moved by Cr Fleay Seconded by Ms Brookes

That the minutes of the Western Australian Planning Commission meeting held on Wednesday, 22 July 2020 be confirmed as a true and correct record of the proceedings.

The motion was put and carried

7. Deputations and presentations

7.1 MRS Amendment 1366/57 - Lot 912 Midland Road, Bushmead (Item 9.3)

Ms Bennett declared an Impartiality Interest on this item and left the meeting at 9:23am

Presenters: Mary Gray and Margaret Owen - Urban Bushland Council WA Inc.

Ms Gray and Ms Owen presented to the Western Australian Planning Commission on behalf of the Urban Bushland Council WA Inc and thanked the Commission for the opportunity to discuss the MRS Amendment at Lot 912 Midland Road, Bushmead. Ms Gray discussed that the land be rezoned to parks and recreation zoning and be transferred to a Bush forever site similar to the adjacent site. Ms Gray stated that there are critically endangered species and Marri trees on the site which are significant to endangered Black Cockatoo’s. Ms Gray discussed notable Environmental Protection Authority advice that the land should be set aside for conservation purposes and be a part of Bush forever greenways. Ms Gray discussed the linkage values of the site.

Ms Owen discussed the importance of Marri and Jarrah trees to Carnaby Cockatoo’s and the critical habitat on the site. Ms Owen stated that there is some evidence of Carnaby Cockatoo’s being poisoned in breeding sites. Ms Owen discussed the buffer zone to protect Kadina Brook and that the area might be degraded in parts but has existing mature trees and other native trees of significance.

Ms Gray discussed the fire risk due to the shape of the landscape and the location of the site at the foothills of the Darling Scarp.

Members queried the evidence of poisoning of Carnaby Cockatoo’s and it was stated that there has been some poisoning occurring in the Wheatbelt where nesting sites are located adjacent to fields of canola. Ms Gray stated that breeding pairs are declining, and deceased females have been found in hollow’s but that tests for pesticides have been inconclusive. Ms Gray stated that the local groups and community are concerned about the loss of vegetation and that development should be focused in more suitable areas.

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Presenter: Vanessa Corunna - Traditional Owner

Ms Corunna thanked the Western Australian Planning Commission for opportunity to present as a traditional landowner who connects to the Swan River areas through her grandmother, and father who gave native title. Ms Corunna discussed the high cultural value of the area and its significance to Aboriginal people and that the site has been identified through archaeological investigation as an ancient site. Ms Corunna discussed the mythological significance of the area that is important to families and people, that the river - Helena, Swan and Canning and everything that connects them, forms healthy country and ecological systems.

Ms Corunna discussed the South West as being a high biodiversity hotspot and the importance of protecting endangered species and keeping the land in a natural state. Ms Corunna discussed the potential for the site to be used for an Aboriginal Ranger program and that traditional landowners be a part of having facilities to manage the park system. Ms Corunna discussed the 50 metre buffer zones on the side of rivers and creeks and gave an example in Victoria, Australia which have culture walk trails so that traditional landowners can walk their country. Ms Corunna stated that Aboriginal people are no longer able to access sites of significance and discussed the importance of bringing back culture for the community to enjoy and access.

Members queried if these matters have been put forward through the process of this application and Ms Corunna stated that as a traditional landowner she has spoken often to Government about the importance of having greenways, river and creek systems and natural parks throughout the city, and the collaboration required to improve this across Perth. Ms Corunna stated that she put forth a submission during the advertising period. Members discussed the importance of access to sites of significance to Aboriginal People and Ms Corunna gave example of the Red Hill mining site, that the mining company is honouring the buffer zone but that Aboriginal people are not able to access that country and check on the site.

Members queried if there is a registered site under the Heritage Act and Planning Acts in the area, Ms Corunna stated that Aboriginal people do not see separate entities but that Wagyl created the land, and discussed the connection through the Helena River. Ms Corunna stated that we need to work together to support natural landscapes.


Presenters: Justin Page - Element, Paul Gazzone - DevelopmentWA and Kathryn Doyle - DevelopmentWA

Mr Page presented to the Western Australian Planning Commission on behalf of Element with Mr Gazzone and Ms Doyle from DevelopmentWA. Mr Gazzone stated that the site was purchased in

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June 2016 and was a relocation project with an industrial foundation who owned some premises in North Lake, who were going to relocate to the Bushmead site and build residential development in the North Lake location. Mr Gazzone stated that the project did not proceed for several reasons and that the Bushmead site is now surplus to the original intention. Ms Gazzone stated that the site is located adjacent to the Cedar Woods Bushmead development and that the proposal to transfer to urban deferred consolidates the residential cell and will facilitate the residential form that has already been developed. Mr Gazzone stated that DevelopmentWA was sympathetic during the Metropolitan Region Scheme advertising to environmental issues being raised and the adjoining semi-rural population to the south and that those issues raised can be best worked through in the next phase of planning to deliver an exciting, sustainable residential development.

Mr Page discussed that the site was reserved for public purpose by the Australian Army in the North East Sub-regional planning framework and that it is logical for the site to be urban in the context of the Bushmead Development and MRS Urban Zoning in the area. Mr Page stated that matters received in submissions and referrals can be adequately addressed as part of the structure planning process. Mr Page discussed that if the Commission does not support concurrent Local Planning Scheme amendments, a Local Scheme Amendment could be progressed and a Structure Plan could follow in parallel. Mr Page summarised that the site is not constrained for urban development and that all essential services can be provided and that DevelopmentWA is keen to collaborate with agencies and communities for a positive outcome.

Members queried the use of traditional residential and how a potential development could guarantee that environmental values and Aboriginal Heritage will be looked after. Mr Gazzone stated that engagement with the Whadjuk working group has commenced and a heritage survey took place in June this year. Mr Gazzone stated that traditional landowners have been engaged with and have indicated that this site is not registered but more connected to Kadina Brook and the adjoining Helena River. Mr Gazzone stated that the development has been endorsed subject to several conditions for Aboriginal employment, embracing the heritage of the area and telling the cultural story through the development. Mr Gazzone discussed the importance of mapping values, environmental values in the locality and the adjacent rural land owners. Mr Gazzone stated that the value of vegetation is critically important, that tree retention and canopy cover are overarching values that don’t point to this being a traditional residential development.

Members queried the ongoing work with the Whadjuk working group and it was stated that South West Aboriginal Land and Sea Council is representing this locality and that there is upfront engagement with traditional landowners on all projects. Mr Gazzone stated that through the heritage survey process 8 representatives attended the site.

Members discussed the importance of balancing competing values and safety on site, protection of buffers, environmental reserve and

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providing vegetation whilst meeting fire regulations. Mr Gazzone stated that fire due diligence has been conducted on site, and discussions have taken place on how they can respond to different values and that DevelopmentWA is not just seeking a financial outcome but also an outcome which contributes to social, economic and environmental values. Mr Gazzone discussed how these values are well placed to balance outcomes and achieve good development outcomes on the ground.

Ms Bennett returned to the meeting at 9:56am

7.4 MRS Amendment 1365/57 - Pt Lot 4 Fern Road and Pt Lot 102 Castledare Place, Wilson (Item 9.5)

Presenter: Russell Gorton - Wilson Wetlands Action Group

Mr Gorton presented to the Western Australian Planning Commission as an advocate for the community and a representative of the Wilson Wetlands Action Group who have been volunteering at the Castledare Estate and surrounding Canning River Regional Park for 22 years. Mr Gorton stated that he was presenting to seek the Commission’s reconsideration of the application in its current form. Mr Gorton discussed the 1978 report prepared for the Landscape and Conservation Committee that was significant at the time in looking at development of regional parks across Perth. Mr Gorton stated that the Canning River ridge is the aquatic equivalent to Kings Park and Bold Park. Mr Gorton discussed the Canning River Regional Park public open space outlining that the northern side in Wilson is currently lacking in pubic open space. Mr Gorton stated that the boundary of Fern Road and the surrounding wetland area is immediately adjacent to road reserve with little public open space by comparison to the southern side.

Mr Gorton discussed that a conservation plan was prepared for Niana Homestead to protect historical assets and was presented in 1996. Mr Gorton stated that the homestead was in good condition but was subject to thieves and squatters and that an agreement was entered into by the developer and the City of Canning to protect and maintain the homestead. Mr Gorton stated that in 1998 the Wilson Wetlands Action Group stepped in to approach the Heritage Council to request intervention and it was protected and restored.

Mr Gorton stated that the has been little to no regard for the historical values of the area that have been preserved within the estate. Mr Gorton stated that the mini-golf course has no protection and is not part of any conservation plan. Mr Gorton stated that the Action Group’s goal was to have the MRS amendment reduce the footprint so that the mini-golf course can be restored and maintained so that people will be able to come and enjoy the history of the area.

Mr Gorton discussed the restoration undertaken by the Wilson Wetlands Action Group through volunteer groups on the Wilson trunk drain to stop erosion. Mr Gorton requested that the Commission reconsider the MRS amendment boundary lines to reduce negative

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impact across proposed public open space, to protect the mini-golf course and provide for alternate public open space rather than been squashed between road and rail to allow for the developer to integrate a water management scheme that would not impact the wetlands.

7.5 MRS Amendment 1365/57 - Pt Lot 4 Fern Road and Pt Lot 102 Castledare Place, Wilson (Item 9.5)

Presenters: Mark Szabo and Mitch Bisby - Burgess Design Group

Mr Szabo and Mr Bisby presented to the Western Australian Planning Commission representing Burgess Design Group. Mr Szabo acknowledged the Commission’s awareness of the history of the site and discussed the community benefit of the amendment which achieves the gifting and ceding of 12.5 hectares resulting in a net increase of 5000 square metres of additional urban land. Mr Szabo stated that the urban zoning was subject to remediation works and asbestos removal which has been undertaken to the satisfaction of the Environmental Protection Authority. Mr Szabo stated that their client has been very engaged with the local community and groups and has undertaken meetings with the Canning River Regional Park, Wilson Wetland Action Group, Castledare Railway, City of Canning and Department of Biodiversity, Conservation and Attractions (DBCA) and the rationalisation and amendment is a result of those meetings.

Mr Szabo discussed that the shared path has been specified to the centimetre with the DBCA to retain all trees and that the path is used as part of a barrier between the wetlands and the miniature railway.

Mr Szabo discussed the community interest and apparent confusion relating to the existing area and the small additional area of urban land which has already been cleared. Mr Szabo stated that design and management in the planning process will further those environmental objectives. Mr Szabo discussed the wetland buffers and reduction supported by the DBCA that were in direct response to site specific conditions. Mr Szabo discussed submissions received regarding loss of public open space and he clarified that only 5000 square metres of urban and 12.5 hectares is to be ceded to the Crown. Mr Szabo stated that the Environmental Protection Authority, Department of Water and Environmental Regulation and the DBCA have not raised issue with the environmental management of the Long Neck Turtles.

Mr Szabo proposed a minor modification to the boundary on the northern end of the site, to move the boundary to include 600 square metres in the cell and remove the Bush forever. Mr Szabo stated that this would align the urban boundary with the boundary of the Bush forever boundary outlining that engineers have identified this land is needed for drainage. Mr Szabo stated that this should be included without the need for additional advertising.

Mr Szabo stated that the amendment is the first step in a comprehensive planning process which has been years in the making and that the client has done a lot of work with State Government

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agencies and seek the Commission’s support for the first part of this process.

Members queried the mini-golf course and the potential need for its conservation. Mr Szabo stated that the mini-golf course is located outside of the urban areas and is included in the Parks and Recreation Reserve. Mr Bisby stated that the specific strategy to deal with the Homestead and mini-golf course heritage matters can be dealt with in detail at the structure plan stage.

7.6 Proposed MRS Amendment - SE Baldivis Urban Precinct (Item 9.6)

Presenters: Tristan Fernandes - City of Rockingham

Mr Fernandes presented to the Western Australian Planning Commission representing the City of Rockingham. Mr Fernandes stated that the City does not support the draft framework in the location as it does not meet key Planning Framework principles. He outlined that the site has environmental constraints, extreme bush fire risks, boundary and interface to rural land concerns and that the site lacks employment self-sufficiency and is isolated from public transport. Mr Fernandes discussed site context and changes in elevation from 9 metres AHD to 44 metres AHD. Mr Fernandes stated that 15% of the northern portion of the site was previously used as a sand quarry and historical agricultural uses which has resulted in some clearing. Mr Fernandes stated that the site contains Banksia Woodland and Tuart Woodland TEC.

Mr Fernandes discussed the development context of the site that 50% of the Baldivis urban corridor has been constructed, with 19 estates currently in development and the community has expressed opposition to new structure plans and housing oversupply. Mr Fernandes stated that there is significant existing land and housing supply to accommodate short and medium-term development requirements.

Mr Fernandes stated that a District Structure Plan is generally required prior to region scheme zoning and that the City identified requirements in the frameworks. Mr Fernandes stated that the land is in fragmented ownership and no pathway to future development has been stipulated. Mr Fernandes discussed topography issues and that the applicant has located all areas of public open space and primary school sites outside of areas party to the amendment request and without orderly and proper planning. Mr Fernandes stated that State Planning Policy 2.5 Rural Planning has not been addressed and is warranted in the City’s opinion and that due regard should be given to the rural land surrounding the site. Mr Fernandes discussed the insufficient groundwater supply for irrigation and that the aquifer is fully allocated for.

Mr Fernandes discussed the importance of looking at potential implications for urbanising the land and boarder impacts for the community. Mr Fernandes stated that there are challenges associated with dropping the levels to 30 metres AHD which would result in significant costs and that a 300-metre wall would be required to retain

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the western boundary. Mr Fernandes stated that the concept plan does not justify the extent of urban zoning and that it is biased to landowners.

Mr Fernandes stated that City recommends that a structure plan process take place before an amendment is initiated to justify the urban footprint and that all matters with the framework are appropriately addressed. Mr Fernandes discussed that a structure plan would address how the land can be facilitated for development long term.

Members queried that if the land was put into an urban deferred zone and a structure plan process commenced, issues would be investigated in the structure plan process. Mr Fernandes stated that the City has concern that the urban deferred zoning implies that the land can be urbanised when there is not confirmation through planning investigation process that urban zoning may be appropriate.

7.7 Proposed MRS Amendment - SE Baldivis Urban Precinct (Item 9.6)

Presenters: Darren Evans - Rowe Group and Tamara Smith - 360 Environmental

Mr Evans thanked the Western Australian Planning Commission for the opportunity to present representing Rowe Group with Tamara Smith from 360 Environmental. Mr Evans stated that he is speaking in support of the proposal to rezone to urban deferred in line with the Perth and Peel Planning Policy frameworks. Mr Evans stated that the land is comprised of 35 private land holdings over 90 hectares. Mr Evans discussed that the site was previously used for sand extraction which resulted in the clearing of land. Mr Evans discussed key features of the area being the central location of the primary school and collocated open space, new connecting roads and a local centre adjacent to the high school site. Mr Evans stated that concept plan shows that habitat could be partially protected, and that the final layout can be confirmed through subsequent planning processes. Mr Evans stated that Government agencies have supported the proposal and that issues raised by the City of Rockingham have been addressed through investigation.

Ms Smith discussed that the flora and fauna site survey in 2019 did not identify threat to flora species on the site and that it is in a completely degraded condition. Ms Smith stated that there is mature Marri and Jarrah over Banksia vegetation types which goes over the entirety of the site and no understory. Ms Smith stated that a Black Cockatoo assessment was undertaken and shows areas of high quality habitat and as a result public open space was aligned with this. Ms Smith stated that Federal approval may be required due to clearing required and that there is threatened ecological community of Tuart.

Mr Evans stated that the development is logical for the area and that a requirement for a district structure plan has not been identified. Mr Evans discussed that the area may be serviced by the future Karnup reservoir and the water supply is 30 metres AHD. Mr Evans discussed that the southern portion of the site is the highest in the

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locality and will stay close to current levels and that northern portion will be adjusted to suit. Mr Evans stated that the intent of the precinct is to provide high quality design and that the next layers of planning will require further detailed work to inform spatial layout.

Members queried that the City of Rockingham has expressed concern with land above 30 metres AHD and that there would be significant retaining required on the site. Mr Evans stated that the road reserve has been moved to the middle to relocate services and this is the area which plateaus out. Mr Evans stated that tree retention requirements will drive levels. Mr Evans stated that there is a small amount of adjacent lots above 30 metres, but that the northern and central areas will be adjusted to facilitate normal road construction.

Members discussed the water allocation and that the City of Rockingham stated there is not enough ground water to allow for irrigation of public open space. Mr Evans stated there are several bores and licences in the area and that developers pick up extra allocations through the planning process. Mr Evans stated that some public open space will end up in bushland settings. Members queried if the Water Corporation WA has given advice on timeframes for the connection to the southern reservoir and it was stated there is not yet a timeframe, but that it is relevant to the development of Karnup.

The Chairman declared a brief adjournment 10:43am

The meeting was resumed at 10:53am, with all members present

ITEMS FOR DECISION

8.1 Draft State Planning Policy 4.2 Activity Centres (DP/15/00327)

THIS ITEM IS CONFIDENTIAL

8.2 Movement and Place Framework – Potential integration with the planning system (PLH2019P0236)


8.3 Declaration of Planning Control Area – Rowley Road (Kwinana Freeway and Rockingham Road) (RLS/0849)


8.4 Declaration of Planning Control Area – Anketell Road (Kwinana Freeway and Rockingham Road) (RLS/0850)


8.5 Declaration of Planning Control Area - Curtin Avenue (North Fremantle) (RLS/0928)


9.1 Port Hedland West End Improvement Scheme No. 1 – Final Approval (PLH2018P0600/1)


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9.2 MRS Amendment 1361/57 - City of Canning Omnibus No. 1 (RLS/0780)


9.4 MRS Amendment 1364/57 - Kwinana Freeway, Mundijong Road and Kulija Road Intersection (RLS/0836/1)


10.1 Cape Peron (including Mangles Bay) Planning Investigation Area (72-25619)


9.3 MRS Amendment 1366/57 - Lot 912 Midland Road, Bushmead (RLS/0691)


9.5 MRS Amendment 1365/57 - Pt Lot 4 Fern Road and Pt Lot 102 Castledare Place, Wilson (RLS/0770/1)


Mr Sellers left the meeting at 11:26am and did not return

9.6 Proposed MRS Amendment - SE Baldivis Urban Precinct (RLS/0794/1)

Members noted that the footprint of the site has been through draft Sub-regional framework reviews and it is yet to be determined if the area be included for urban expansion. Members discussed the historical use of the site for sand extraction at a time of Baldivis expansion and development which is where the unusual boundaries have originated. Members discussed the landscape values of the area and that some of this value has eroded over time. Members discussed the recommendation that a District Structure Plan is not required, and that after consultation with relevant agencies a compromise that the area be urban deferred, and a draft structure plan be prepared so that all matters are addressed prior to the lifting of urban deferment. Members discussed the level of confidence this would provide the City of Rockingham that these matters were being addressed. Members discussed that through the structure plan process there would be some level of control for the Commission and the ongoing discussion to find the best fit for the City of Rockingham and the community.

Members queried the Karnup reservoir and it was stated that this was new information, but the Water Corporation WA has indicated there is need for significant upgrades. Members noted that the lifting of urban deferment will require approval from the Water Corporation WA.

Members discussed the need to look at staging as well as layout to respond to water and topography issues. Members discussed that locations of school sites may be reliant on factors that are not resolved and staging needs to be carefully thought about.

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Members discussed the City of Rockingham’s comments that there is no economic driver for this expansion advancing, and that urban deferment creates a perception that development is clear to go ahead. Members discussed that underlying studies would need to be done and that the Council could not refuse to advertise if a District Structure Plan is properly constructed in accordance with the planning framework.

Members discussed the boundaries of the area and that these are normally defined by road reserves or major geographical attributes. Members discussed that it would be logical to require a District Structure Plan to gain some certainty around servicing, water, staging, vegetation, height, reservoir, layout and land ownership. Members discussed that if a District Structure Plan was undertaken the rezoning could move directly to urban and the amendment would be delayed 12 – 18 months whilst this was undertaken.

Members discussed the current lack of demand for land and the potential for future demand due to current Government incentives. Members discussed that there are significant impediments to the site and that urban deferred would be Statutory and not referred to the Environmental Protection Authority. Members discussed the strong case the City of Rockingham made for a district structure plan to be required and that the City would not initiate this themselves. Members discussed that locations of public open space and school sites on the concept plan have some problematic attributes.

Members discussed the lack of self-sufficient employment, rural areas and access to public transport as outstanding issues compounding the issues on the site. Members discussed that the Amendment be deferred for consideration, preparation and lodgement of a District Structure Plan. Members discussed the timeframe of the review of the current planning framework.

Members agreed to defer consideration of the matter to allow for discussions between the Department of Planning, Lands and Heritage, the City of Rockingham and proponent on issues raised by the Commission.

Moved by Ms Bennett Seconded by Ms Brookes

That the Western Australian Planning Commission resolves to defer the item relating to the Proposed MRS Amendment - SE Baldivis Urban Precinct as detailed in the report dated 19 August 2020 to allow for discussions on outstanding issues between the Department of Planning, Lands and Heritage, the City of Rockingham and the proponent.

The motion was put and carried

11. Reports for noting

Nil.

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12. Stakeholder engagement and site visits

Nil.

13. Urgent or other business

Nil.

14. Items for consideration at a future meeting

Nil.

15. Meeting closure

The next ordinary meeting is scheduled for 9:30 am on Wednesday, 23 September 2020.

There being no further business before the Board, the Chairman thanked members for their attendance and declared the meeting closed at 11:55am.

_________________________

CHAIRMAN

_________________________

DATE

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Page 1 of 1 V 4.0 – 04.11.19

REPORT TO Western Australian Planning Commission

Meeting date 23 September 2020 File number RLS/0653/1

Subject MRS Amendment 1328/57 - Hazelmere Enterprise Area Structure Plan, Precinct 7

KEY MATTERS IDENTIFIED BY THE DEPARTMENT OF PLANNING, LANDS AND HERITAGE

The key matters outlined below are those identified by the Department of Planning, Lands and Heritage and do not fetter the consideration of the proposal by the Western Australian Planning Commission, its Committees or the decision-maker.

The proposed amendment seeks to rezone approximately 37.82ha of land in Hazelmere from the Rural zone to the Industrial zone in the Metropolitan Region Scheme. The proposed amendment will facilitate the implementation of the Western Australian Planning Commission (WAPC) endorsed Hazelmere Enterprise Area Structure Plan. In considering this amendment for finalisation, the Department of Planning, Lands and Heritage has identified the following matters for consideration by the WAPC:

The main issue raised in submissions relates to resolution of the extension of Adelaide Street to Abernethy Road prior to the finalisation of the amendment.

Whether the WAPC should support the finalisation of this amendment (with or without modifications) and progress it to the Minister for final approval.

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Page 1 of 1 V 4.0 – 04.11.19

REPORT TO Western Australian Planning Commission

Meeting date 23 September 2020 File number RLS/0791/1, RLS/0837/1

Subject MRS Amendments 1369/57 - West Piara Urban Precinct and 1370/57 - West Piara High School Site

KEY MATTERS IDENTIFIED BY THE DEPARTMENT OF PLANNING, LANDS AND HERITAGE

The key matters outlined below are those identified by the Department of Planning, Lands and Heritage and do not fetter the consideration of the proposal by the Western Australian Planning Commission, its Committees or the decision-maker.

This grouped Metropolitan Region Scheme (MRS) amendment comprises two amendments in the West Piara locality. The proposed amendments rezone approximately 112.26ha and 12.8ha from the Rural - Water Protection zone to the Urban, Urban Deferred zones and Public Purposes - High School reserve. Minor adjustment to the Armadale Road reservation (and associated adjustments to the Water Catchments reservation) is also proposed. In considering these amendments for finalisation, the Department of Planning, Lands and Heritage has identified the following matters for consideration by the WAPC: MRS Amendment 1369/57 – West Piara Urban Precinct

Whether the amendment should be modified to reserve a wetland area as Parks and Recreation and the replacement of the Urban Deferred zone with an Urban zone.

There are concerns regarding the impact of the proposal on the Jandakot Groundwater Mound, environmental impacts and servicing issues.

Whether the WAPC should support the finalisation of this amendment (with or without modifications) and progress it to the Minister for Planning for final approval.

MRS Amendment 1370/57 – West Piara High School Site

There are concerns regarding the impact of the proposal on the Jandakot Groundwater Mound, environmental impacts and servicing issues.

Whether the WAPC should support the finalisation of this amendment (with or without modifications) and progress it to the Minister for Planning for final approval.

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Documents

Western Australian Planning Commission Notice is hereby