Kimberley/Pilbara/Gascoyne Joint Development Assessment Panel
Agenda
Meeting Date and Time:
Meeting Number:
Meeting Venue:
3 February 2016; 10:30am
KPGJDAP/5
Department of Planning
140 William Street
Perth
Attendance
DAP Members
Mr Eugene Koltasz (Presiding Member)
Mr Clayton Higham (Deputy Presiding Member)
Mr Lou D’Alessandro (Specialist Member)
Mayor Kelly Howlett (Local Government Member, Town of Port Hedland)
Cr Camilo Blanco (Local Government Member, Town of Port Hedland)
Officers in attendance
Mr Ben McKay (Town of Port Hedland)
Department of Planning Minute Secretary
Ms Natalie Garland
Applicants and Submitters
Mr Sean Murphy (BHP Billiton)
Mr Andrew Shorter (Port (WA) Pty Ltd)
Members of the Public
Nil
1.
Declaration of Opening
The Presiding Member, Mr Eugene Koltasz, declares the meeting open and
acknowledges the past and present traditional owners and custodians of the
land on which the meeting is being held.
2.
Apologies
Nil
3.
Members on Leave of Absence
Nil
Version: 1
Page 1
4.
Noting of Minutes
Note the Minutes of the Kimberley/Pilbara/Gascoyne JDAP meeting No.4 held
on 6 November 2015.
5.
Declarations of Due Consideration
Any member who is not familiar with the substance of any report or other
information provided for consideration at the DAP meeting must declare that
fact before the meeting considers the matter.
6.
Disclosure of Interests
Nil
7.
Deputations and Presentations
Nil
8.
Form 1 - Responsible Authority Reports – DAP Application
8.1
Property Location:
Application Details:
Applicant:
Owner:
Responsible authority:
DoP File No:
9.
Form 2 – Responsible Authority Reports - Amending or cancelling DAP
development approval
9.1
Property Location:
Application Details:
Applicant:
Owner:
Responsible authority:
DoP File No:
10.
Lot 434 Loreto Circuit, Port Hedland
Warehouse & Storage Facility/Depot/Laydown
Area
BHP Billiton
BHP Billiton Minerals Pty Ltd
Town of Port Hedland
DAP/15/00949
Lots 120 (16) and 121 (14) Kingsmill Street, Port
Hedland
Mixed Business – Hotel (11 Storey, 100 rooms),
Serviced Apartments (7 Storey, 36 rooms),
Incidental Restaurant, Office, Gym and
Conference Rooms – request for extension of
time to substantially commence
Port (WA) Pty Ltd
Port (WA) Pty Ltd
Town of Port Hedland
DP/13/00809
Appeals to the State Administrative Tribunal
Nil
11.
General Business / Meeting Closure
Version: 1
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Form 1 - Responsible Authority Report
(Regulation 12)
Property Location:
Application Details:
DAP Name:
Applicant:
Owner:
LG Reference:
Responsible Authority:
Authorising Officer:
Department of Planning File No:
Report Date:
Application Receipt Date:
Application Process Days:
Attachment(s):
Lot 434 Loreto Circuit, Port Hedland WA
6721
Warehouse & Storage
Facility/Depot/laydown Area
Kimberley/Pilbara/Gascoyne (Northern)
JDAP
BHP Billiton
BHP Billiton Minerals Pty Ltd
2015/162
Town of Port Hedland
Ben McKay, Statutory planning Officer
DAP/15/00949
14th January 2016
27th November 2015
90 Days
1. Locality plan
2. Development Plans
Officer Recommendation:
That the Kimberley/Pilbara/Gascoyne (Northern) JDAP resolves to:
Approve DAP Application reference DAP/15/00949 and accompanying plans
DRG2015/162/1 – DRG2015/162/8 in accordance with Clause 4.6.1 of the Town of
Port Hedland Town Planning Scheme No. 5, subject to the following conditions:
Conditions
1.
This approval relates only to the proposed Warehouse, Storage
Facility/Depot/Laydown area and incidental Office, as indicated on the approved
plans (DRG2015/162/1 – DRG2015/162/8). It does not relate to any other
development on this lot.
2.
If the development referred to in (1) above is not substantially commenced
within a period of two years from the date of approval, the approval shall lapse
and be of no further effect.
3.
The office shall be incidental to the predominant use, and shall not be used for
office activities unrelated thereto.
4.
A minimum of Twelve (12) car parking bays shall be provided as indicated on
the approved site plan.
5.
No car parking bays shall be obstructed in any way or used for any other
purpose than car parking.
6.
No human habitation shall be permitted on the lot.
Page 1
7.
Storm water disposal is to be designed and constructed in accordance with the
Town’s Engineering Services Guidelines, and to the satisfaction of the Manager
Development Services.
8.
Alterations or relocations of existing infrastructure within the road reserve shall
be carried out and reinstated at the landowner’s cost to the satisfaction of the
Town’s Manager Development Services.
9.
The landowner shall ensure all activities related to the construction of the
development (such as but not limited to, storage of building materials and
contractor vehicles) be contained wholly within the lot boundaries.
10.
Dust and sand both during and after construction shall be contained on site
with the use of suitable dust suppression techniques.
Prior to the issuing of a Building Permit the following conditions shall be
cleared by the Town’s Manager Development Services.
11.
The landowner shall obtain approval from the Town’s Manager Development
Services, for an Artist to undertake a Public Art project, or pay the maximum
“Cash in Lieu” contribution for public art of two hundred and fifty thousand
dollars ($250,000.00).
12.
A detailed landscaping and reticulation plan, shall be submitted and approved
by the Town’s Manager Development Services
The following conditions shall be cleared prior to the issuing of an Occupancy
Permit of the development.
13.
The landowner shall install an approved effluent disposal system.
14.
Aged/disabled access to the existing footpath in accordance with “Austroads
Part 13 – Pedestrians” standards.
15.
Landscaping and reticulation shall be completed as per the approved
landscaping and reticulation plan, and thereafter shall be maintained to the
satisfaction of the Town’s Manager Development Services.
16.
Lighting shall be installed along all driveway(s), access way(s), parking area(s),
turning area(s) and pedestrian pathways by the landowner. Design and
construction standards shall be in accordance with Australian Standard AS
1158.
17.
Access way(s), parking area(s), turning area(s) shall be constructed, kerbed,
formed, graded, drained, line marked and finished with a sealed or paved
surface by the landowner in accordance with Australian Standard AS 2890 Parts
1 and 2.
18.
Driveways and crossover shall be designed and constructed in accordance with
Council’s Crossover Policy 9/005.
19.
The landowner shall fully complete the installation of the public art or pay the
required contribution.
Page 2
20.
The landowner shall ensure any damage to road pavements / kerbing /
footpaths or other Town assets caused by any activity associated with the
construction of the development, including but not limited to vehicle movements,
shall be repaired to the satisfaction of the Town’s Manager Development
Services.
ADVICE NOTES:
1.
The landowner is reminded this is a Planning Approval only and does not
obviate the responsibility of the landowner to comply with all relevant building,
health and engineering requirements.
2.
The water corporation advise this proposal will also require approval from the
Building services section, prior to the commencement of works. Standard
Infrastructure Contributions and fees may be required to be paid prior to
approval being issued.
3.
An approved effluent disposal system shall be installed to the specification of
the Town’s Environmental Health Services and to the satisfaction of the
Manager of Development Services. Be advised that the effluent disposal
system may also require the approval of the Western Australian Department
of Health.
4.
Application is to be made for the installation of an approved apparatus for the
treatment of effluent to the satisfaction of the Manager of Development
Services and the specification of the Manager of Environmental Health
5.
Waste receptacles are to be stored in a suitable enclosure to be provided to the
specifications of the Town’s Health Local Laws 1999 and to the satisfaction of
Manager Development Services.
6.
Waste disposal and storage is to be carried out in accordance with the Town’s
Health Local Laws 1999.
7.
The development must comply with the Environmental Protection (Noise)
Regulations 1997 at all times.
8.
Be advised that as per the Environmental Protection (Noise) Regulations 1997,
construction noise, that does not comply with the AS 2436-1981, is not
permitted outside of 0700-1900 Mondays-Saturdays and not on Sundays or
Public Holidays.
9.
Prior to the issuing of a Building Permit and Occupancy Permit, the landowner is
to obtain a clearance certificate confirming all relevant planning conditions have
been complied with. In this regard contact the Town’s Development Compliance
Officer to obtain the necessary application form and fee.
Background:
Insert Property Address:
Lot 434 Loreto Circuit, Port Hedland WA 6721
Page 3
Insert Zoning
MRS:
TPS:
Insert Use Class:
Insert Strategy Policy:
Insert Development Scheme:
Insert Lot Size:
Insert Existing Land Use:
Value of Development:
N/A
“Airport”
“AA” Warehouse
“AA” Storage facility/Depot/laydown Area
Port Hedland City Growth Plan
N/A
99929m2
Vacant land
$40 Million
Background
On the 12th November 2011 Council prepared a Business Plan for the development of
“Precinct 3” now named the Kingsford Smith Business Park under the Port Hedland
International Airport Land Use Master Plan. The plan outlined the proposal to develop
33 industrial bulky good lots and four TWA lots for the Town’s exclusive use which
then could be on-sold or leased to other parties. The new greenfield subdivision area
includes the site of this proposed development.
Property Location
The proposed development is located on Lot 434 Loreto Circuit, Port Hedland
(Subject Site). Access to the subject site will be achieved via Loreto Circuit and has an
area of approximately 99929m2.
Details: outline of development application
The applicant is proposing to construct a Warehouse
Facility/Depot/Laydown area comprised of the following:
•
•
•
and
Storage
12,000m2 warehouse
62,000m2 external laydown area
324m2 office
Legislation & policy:
Planning and Development Act 2005
Town of Port Hedland Town Planning Scheme No. 5 (TPS5)
• Part I - Preliminary
o
Clause 1.5 – The Scheme Objectives
• Part III – Zones
o Clause 3.1 – Categories
o Clause 3.2 - Zoning table
• Part IV – Use and Development of Land
o Clause 4.3 – Advertising of Applications
o Clause 4.5 – Matters to be considered by Council
o Clause 4.6 - Determination of Applications
• Part VI – Development Requirements
o Clause 6.3 – Residential Zone
• Appendix 1 – Definitions
Page 4
• Appendix 7 – Car Parking Standards
Appendix 8 – Minimum Car Parking Specifications
State Government Policies
Nil
Strategic Planning Implications
The following sections of Council’s Strategic Community Plan 2014-2024 are
considered relevant to the proposal:
2 Supporting a Diverse Economy
2.1 Facilitate commercial, industry and town growth.
The following sections of Town’s adopted City Growth Strategy are considered
relevant to the proposal:
Section 5.6.7 Precinct 7:
Airport & Surrounds
Precinct Statement
“Pilbara’s Port City International Airport is a major gateway to the North West of
Australia. The upgraded airport welcomes visitors at a standard reflective of any of
Australia’s major regional cities. The surrounding area supports a range of logistics
and related uses”
Local Policies
Local Planning Policy – Kingsford Smith Business Park Design Guidelines
Local Planning policy – Percent for Public Art
Consultation:
Consultation with other Agencies or Consultants
The application was also referred internally to Council’s:
•
•
•
•
Environmental Health Services;
Building Services; and
Works & Services;
Airport services
Externally:
•
•
•
•
Horizon Power
Optus
Telstra
Water Corporation
Page 5
The comments provided have been captured within the conditions and advice
notes.
Planning assessment:
Defined Use
Section 3.2 ‘Zoning Table’ of TPS5 identifies the various uses permitted according to
the zoning of land. The zoning permits the proposed development as followings:
“Warehouse”:
“Storage Facility/
Depot/Laydown”:
“AA” (the development is not permitted unless the Council has
granted planning approval).
“AA” (the development is not permitted unless the Council has
granted planning approval)
Airport Precinct Objectives
The objectives of the Airport Precinct outlined under Clause 5.3.4 of TPS5 are as
follows:
a)
Protect options for future airport infrastructure within the precinct,
b)
Ensure that development within the precinct meets prevailing noise and
height limitation standards associated with the operation of aircraft, and
c)
Ensure that any commercial development reinforces the transportation
functions of the airport.
In relation to the specific objectives of the precinct:
•
the proposed land use is consistent with the Port Hedland International Airport
Redevelopment Strategy adopted at the Town’s June 2014 Ordinary Council
Meeting;
•
noise and height limitation requirements are addressed through provisions in
the Kingsford Smith Business Park Design Guidelines and expanded on
further below; and
•
the commercial development does not impact or degrade the strategic
transport function of the airport but will rather improve its long-term capacity
as a transportation asset for the community.
Kingsford Smith Business Park Design Guidelines
The Kingsford Smith Business Park Design Guidelines (Guidelines) is an adopted
Local Planning Policy prepared to ensure that a high standard of development is
maintained throughout the development of the precinct and the value of the Town’s
asset is maintained.
Page 6
The Guidelines also help purchasers, developers and building designers appropriately
design premises which assist in delivering the vision for Kingsford Business Park.
The key purposes of the Guidelines are as follows:
•
•
•
To create a high quality light industrial / bulky goods estate which services the
Port Hedland community and provides a place of employment;
To form a cohesive light industrial / bulky goods precinct which capitalises on
the proximity of the Port Hedland Airport, and allows a for a range and scale of
businesses that may benefit from this proximity; and
To implement and achieve sustainable building and management practices,
including maximizing resource efficiency, minimising waste to landfill,
minimizing energy use and water consumption.
An assessment of the proposed development has determined that the proposal
complies with all mandatory requirements of the Policy relating to the identified Light
Industrial / Bulky Goods area.
Local Planning policy – Percent for Public Art
In accordance with the Local Planning Policy, any development exceeding $5 million
and located within the Town Centre, Commercial, Tourism, Mixed Business and
Airport zones is required to contribute 1% of the total project cost towards the
development of Public Art which reflects the place, locality or community, up to a
maximum contribution of $250,000.
Based on the total expected development cost, the landowner is required to contribute
$250,000 towards the creation of public art.
Conclusion:
The proposed development complies with the Town of Port Hedland’s Strategic and
Statutory Planning Framework. The sensitivity and primacy of the airport is noted. The
Town, however, considers the on-going involvement of CASA and ASA in the
development of Kingsford Smith Business Park through various approval phases
leading to this development application ensures appropriate scrutiny has been applied
on the suitability of the land use and its proximity to airport assets.
The proposed development assists to meet the objectives of the Pilbara Port City
Growth Plan, which will guide the growth of the Town into a City over the next several
years. The proposed development will contribute positively to the development of the
Kingsford Smith Business Park and may act as a catalyst for further development.
Accordingly, the application is recommended for approval.
Page 7
Locality Plan
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Form 2 - Responsible Authority Report
(Regulation 17)
Property Location:
Application Details:
DAP Name:
Applicant:
Owner:
LG Reference:
Responsible Authority:
Authorising Officer:
Department of Planning File No:
Report Date:
Application Receipt Date:
Application Process Days:
Attachment(s):
Lots 120 (16) and 121 (14) Kingsmill Street,
Port Hedland
Mixed Business – Hotel (11 Storey, 100
rooms), Serviced Apartments (7 Storey, 36
rooms), Incidental Restaurant, Office, Gym
and Conference Rooms – request for
extension of time to substantially commence
Kimberley/Pilbara/Gascoyne (Northern)
JDAP
Port (WA) Pty Ltd
Port (WA) Pty Ltd
2013/591.01
Town of Port Hedland
Ben McKay
Statutory Planning Officer
DP/13/00809
19 January 2016
13 January 2016
60
1: Original Determination Notice
Officer Recommendation:
That the Kimberley/Pilbara/Gascoyne (Northern) JDAP resolves to:
1.
Accept that the DAP Application reference DP/13/00809 as detailed on the
DAP Form 2 dated 13 January 2016 is appropriate for consideration in
accordance with regulation 17 of the Planning and Development
(Development Assessment Panels) Regulations 2011;
2.
Approve the DAP Application reference DP/13/00809 as detailed on the DAP
Form 2 date 13 January 2016 in accordance with the provisions of the Town
of Port Hedland Town Planning Scheme No. 5, for the proposed minor
amendment to the approved Mixed Business – Hotel (11 Storey, 100 rooms),
Serviced Apartments (7 Storey, 36 rooms), Incidental Restaurant, Office,
Gym and Conference Rooms at Lots 120 (16) and 121 (14) Kingsmill Street,
Port Hedland, subject to:
Amended Conditions
2.
Approval is granted for a further period of two (2) years expiring on 20 January
2018
All other conditions and requirements detailed on the previous approval dated 20
January 2014 shall remain unless altered by this application.
Background:
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Insert Property Address:
Insert Zoning
MRS:
TPS:
Insert Use Class:
Insert Strategy Policy:
Insert Development Scheme:
Insert Lot Size:
Insert Existing Land Use:
Value of Development:
Lots 120 (16) and 121 (14) Kingsmill Street,
Port Hedland
N/A
“Mixed Business”
“AA”
Port Hedland City Growth Plan
n/a
2,024m2 (total)
Two Single Houses
$20,000,000
The Pilbara JDAP approved a Mixed Business development at its meeting held on 20
January 2014
Details: outline of development application
The applicant is proposing to redevelop the site to construct an 11 Storey Hotel
building which will front Anderson Street and comprises of:
7 levels of Hotel accommodation containing 100 one bed rooms;
A roof top level restaurant and outside terraces with a separate business /
conference facility;
Ground Floor Hotel lobby, reception & café; and
First Floor Hotel lobby & lounge with gym, servery/bar & dining area,
function/conference area and outside covered terrace above a shared 2 level
basement car park area.
A 7 Storey Serviced Apartment Building on Kingsmill Street containing 36 one and
two bed self-contained apartments.
A total of 125 car parking bays (including 4 bays within the Anderson Street road
reserve and 6 bays within the Kingsmill Street road reserve) have been proposed.
There are no proposed changes to the approved development except for a requested
time extension of two years.
The applicant advises the reason for a 24 month extension is as follows:
“The commercial viability of the project is predicated on real estate market and
reginal economic forces, such as regional employment conditions, real estate market
values for apartments and the commodity prices for minerals being exported through
Port Hedland.”
Legislation & policy:
Planning and Development Act 2005
Town of Port Hedland Town Planning Scheme No. 5
•
Section 1.5 – Scheme Objectives.
Page 2
•
Part III – Zones – outlines the zones of the TPS5 and the different types of
symbols used to identify the permissibility of the uses within the zone.
•
Zoning Table – designates the permissibility of the uses in accordance with the
relevant zone.
•
Part IV – Use and Development of Land – outlines how the development is to be
assessed in accordance with the permissibility of the use within the Zoning
Table.
•
Part V – Precinct Objectives – outlines precinct objectives for specific area.
•
Part VI – Development Requirements – outlines specific development provisions
for zones and land use types.
•
Appendix 1 – Definitions
•
Appendix 7 – Car parking standards
•
Appendix 8 – Minimum Car parking specifications
•
Appendix 12 – Mixed Business zone Non-permitted Use and Development
State Government Policies
State Planning Policy 2.6 – State Coastal Planning Policy
The State Planning Policy (SPP) 2.6 is a state wide policy that provides decision
making authorities guidance in the planning, implantation and managing of
development along coastal areas. The following sections of SPP 2.6 are considered
relevant to this proposal and have been assessed accordingly:
•
•
5.2 Development and settlement
5.4 Building height limits
Strategic Planning Implications
The following sections of Town’s adopted Pilbara’s Port City Growth Plan are
considered relevant to the proposal:
5.6.1 Precinct 1 – West End
Summary of Influences
Noise and dust emissions particularly in proximity to existing developed urban areas.
Local Policies
Local Planning Policy - Per cent for Public Art (2012)
In accordance with the Local Planning Policy, any development exceeding $5 million
and located within the Town Centre, Commercial, Tourism, Mixed Business and
Page 3
Airport zones is required to contribute 1% of the total project cost towards the
development of Public Art.
Based on the total expected development cost, it is expected the landowner is
required to contribute $200,000.00 towards the creation of public art.
Consultation:
Public Consultation
As there are no changes to the proposal no further public consultation was
undertaken.
The development application was originally advertised for public comment in a local
newspaper, displaying a notice on the site and by writing to nearby landowners
inviting comments for a period of 14 days. The application was available for
inspection on the Town’s website as well as made available for inspection at the
Town’s Administration Offices.
No objections were received during the original advertising period.
Consultation with other Agencies or Consultants
Nil
Planning assessment:
Clause 4.6.3 of The Town of Port Hedland Town Planning Scheme No. 5 (TPS)
specifies that where planning approval has been granted, the development is to be
substantially commenced within 2 years;
4.6.3 Where the Council grants planning approval, that approval:
(a)
continues in force for two years, or such other period as specified in
the approval, after the date on which the application is approved, and
(b)
lapses if the development has not substantially commenced and
is in continuation before the expiration of that period.
In accordance with clause 4.6.4 of TPS5 a written request may be made to Council
for an extension of the term of planning approval at any time prior to the expiry of
the approval period;
4.6.4 An application may be made to the Council for an extension of the term of
planning approval at any time prior to the expiry of the approval period in
clause 4.6.3 (a)
The applicant has submitted an application for extension of time prior to the expiry of
the approval, as required. There are no other changes to the application.
Conclusion:
Page 4
The only change to the approved development is an extension of time of 2 years
requested by the applicant due to the development not having commenced within the
statutory timeframe.
Accordingly, the application is recommended for approval.
Page 5