City of
Cockburn
CITY OF COCKBURN
TOWN PLANNING SCHEME NO. 3
AMENDMENT NO. 17
June 2004
TOWN PLANNING AND DEVELOPMENT ACT, 1928 (AS AMENDED)
RESOLUTION TO AMEND TOWN PLANNING SCHEME
CITY OF COCKBURN
TOWN PLANNING SCHEME NO. 3
AMENDMENT NO. 17
RESOLVED that the Council, in pursuance of Section 7 of the Town Planning and
Development Act, 1928 (as amended), amend the above Town Planning Scheme by:
1.
Including the following in Schedule 12 – Development Contribution Plan of the
Scheme:
Ref No:
Area:
Provisions:
DCA 7
Aubin Grove
Landowners within DCA 7 with the exception of Part of Lot 199 Gaebler
Road identified as Bush Forever Site No. 492 and the Water
Corporation bore sites shall make a proportional contribution to the cost
of common infrastructure. Lot 448 Lyon Road, Aubin Grove has been
identified for a primary school, if this site is not developed for a primary
school a proportional contribution to the cost of common infrastructure
will be required.
The proportional contribution is to be determined in accordance with the
provisions of clause 6.3 and contained on the Development
Contribution Plan.
Contributions shall be made towards the following items:
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Participants and
Contributions:
2.
Full earthworks;
Provision of drainage infrastructure;
Boring under the Kwinana Freeway;
Servicing infrastructure relocation where necessary;
Landscaping of the linear swale adjacent to the high voltage power
line;
Costs to purchase the land for the linear swale adjacent to the high
voltage power line on the west side of the Freeway between Gaebler
Road and Baler Court;
Costs to administer cost sharing arrangements – preliminary
engineering design and costings, valuations, annual reviews and
audits and administration costs.
In accordance with the cost Contribution Schedule adopted by the local
government for DCA 7.
Amending the Scheme Map to include Development Contribution Area No. 7
accordingly.
Dated this 15th day of June 2004
CHIEF EXECUTIVE OFFICER
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FILE NO. 9234
REPORT
1.
LOCAL AUTHORITY
City of Cockburn
2.
DESCRIPTION OF TOWN
PLANNING SCHEME:
Town Planning Scheme No 3
3.
TYPE OF SCHEME:
District Zoning Scheme
4.
SERIAL NO. OF AMENDMENT:
Amendment No. 17
5.
PROPOSAL:
1.
2.
Including Aubin Grove in Development
Contribution Area No. 7 in Schedule
12 – Development Contribution Plan of
the Scheme.
Amending the Scheme Map to
introduce ‘Development Contribution
Area No. 7’ over the suburb of Aubin
Grove except for Lot 203 Kwinana
Freeway.
SCHEME AMENDMENT REPORT
4
Background
In October 2003 the City finalised the Southern Suburbs Structure Plan – Stage 2
– Banjup (see Attachment 1) which shows the broad land use framework including
major road network, neighbourhood structure, commercial, education, community
and significant open space areas. The Structure Plan has been adopted and
endorsed by Council and the Western Australian Planning Commission as the
overarching Structure Plan for the area.
To assist the City to resolve technical issues associated with the provision of a
stormwater drainage system to service the Southern Suburbs Structure Plan –
Stage 2 – Banjup area, the City engaged David Wills and Associates to prepare
the ‘Southern Suburbs District Structure Plan Area – Russell Road Arterial Drain
Scheme’ (December 2002). This Drain Scheme forms the basis of this Scheme
Amendment.
To facilitate the urban development east of Beeliar Regional Park the Water
Corporation agreed to construct the Southern Lakes Main Drainage Scheme. After
considerable negotiation with various government departments the final agreed
main drainage system was to consist of three major “buffer lakes” (used for nutrient
stripping and compensating effects) and a gravity pipe system to convey
stormwater discharge from the proposed future urban area adjacent to Thomsons
Lake to the degraded Yangebup Lake to the north. From Yangebup Lake,
stormwater in excess of specified operating and environmental criteria was to be
then pumped into Cockburn Sound.
Additional drainage pump stations to control the rise in the water levels in various
lake systems adjacent to the urban areas are also required to be constructed to
assist in meeting the environmental criteria set out in the Southern Lakes Main
Drainage Strategy Environmental Management Plan which was approved by the
Department of Environmental Protection in 1988.
Report
Amendment No. 17 to Town Planning Scheme No. 3 proposes to introduce
‘Development Contribution Area No. 7’ to Schedule 12 of Town Planning Scheme
No. 3 to ensure a coordinated approach is taken to regional drainage in the
Southern Suburbs Area with all developers contributing to the provision of the
drainage infrastructure.
The Wills Report forms the basis of this Scheme Amendment to address the
technical issues associated with the provision of a stormwater drainage system to
service the Southern Suburbs District Structure Plan area.
The main points of the Wills Report are:
 Provision of four compensation basins – connection to the Water Corporation’s
Russell Road Buffer Lake (Lake Copulup); a 800m partially piped and partially
open linear swale adjacent to the high voltage power lines on the western side
of the Kwinana Freeway between Russell and Gaebler Roads; a compensation
5
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basin within Lot 199 Lyon Road; a compensation basin within Lot 412 Gaebler
Road;
Basins will be constructed to retain a 1 in 5 year storm event except for the
linear swale which will retain a 1 in 100 year event. Events greater than 1 in 5
will flow over land and discharge into wetlands/nature reserves nearby;
Connection of the basins and swale will be via open channels and some piped
sections;
Subsoil drainage is to be provided throughout the area;
The Drain Scheme does not cover nutrient stripping requirements and there will
be a need for Drainage and Nutrient Management Plans to be approved by the
City’s Environmental Services Team at the subdivision stage. The normal
requirements for nutrient stripping will be required throughout the area.
(Attachment 2 shows the Arterial Drainage Infrastructure Plan for the area)
The Department of Environment approved the Wills report on the 26 November
2003 stating that the Scheme is considered to be environmentally beneficial
principally in terms of further maximising onsite infiltration, being consistent with
both EPA’s objectives for the drainage management in the catchment and the
current Department of Environment policy for urban drainage management.
(Attachment 3 contains a copy of the approval from the Department) page 1
(Attachment 3 contains a copy of the approval from the Department) page 2
The Water and Rivers Commission also approved the Wills report on the 19 March
2003 subject to a number of minor modifications which have since been carried
out. (Attachment 4 contains a copy of the approval from the Commission).
Funding for the construction of the proposed integrated regional drainage
infrastructure should be contributed to by all developers within the area. It is
proposed that Development Contribution Area No. 7 require contributions for the
construction of the compensation basin within Lot 199 Lyon Road and the open
linear swale adjacent to the high voltage power lines on the western side of the
Kwinana Freeway between the northern boundary of Lot 80 Barfield Road and
Baler Court. The cost of the works has been estimated to be around $510,784.37,
this does not include the purchase of the land for the open linear swale.
Contributions will be required to be made towards the following items:
 Full earthworks;
 Provision of drainage infrastructure;
 Boring under the Kwinana Freeway;
 Servicing infrastructure relocation where necessary;
 Landscaping of the linear swale adjacent to the high voltage power line;
 Costs to purchase the land for the linear swale adjacent to the high voltage
power line;
 Costs to administer cost sharing arrangements – preliminary engineering
design and costings, valuations, annual reviews and audits and administration
costs.
6
All other works associated with the integrated regional drainage infrastructure will
be developed as part of subdivision approvals.
Stocklands who are developing Lot 199 Gaebler Road will pre-fund the
construction of the regional drainage infrastructure including the compensation
basin on Lot 199 Gaebler Road, boring under the Kwinana Freeway, construction
of the linear swale from the northern boundary of Lot 80 Barfield Road to Baler
Court and landscaping of the of the swale.
The City already has six (6) other Development Contribution Areas within its Town
Planning Scheme which are used to collect contributions from developers within
the designated area for similar purposes as proposed in this Amendment. All the
provisions required to manage Development Contribution Areas already exist
within the Scheme and Amendment No. 17 proposes to introduce ‘Development
Contribution Area No. 7’ into Schedule 12 and amend the Scheme Map to identify
the area. Western Australian Planning Commission Planning Bulletins No. 18 and
37 outline the requirements for the application of development contribution areas
and what works can be included in the contributions. The above proposed works
comply with both Planning Bulletins.
Conclusion
The introduction of ‘Development Contribution Area No. 7’ to Town Planning
Scheme No. 3 will require contributions towards the proposed integrated regional
drainage infrastructure be made by all developers. Without the drainage system,
groundwater could rise uncontrolled and create significant problems in the future
for the area.
The works proposed within Schedule 12 comply with the
requirements of Planning Bulletins No. 18 and 37 and given that the infrastructure
will benefit all landowners within the Development Area No. 11 cell the
Development Contribution Area is required.
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SCHEME AMENDMENT
8
TOWN PLANNING AND DEVELOPMENT ACT, 1928 (AS AMENDED)
CITY OF COCKBURN
TOWN PLANNING SCHEME NO 3
AMENDMENT NO. 17
The City of Cockburn under and by virtue of the powers conferred upon it in that
behalf by the Town Planning and Development Act, 1928 (as amended), hereby
amends the above Town Planning Scheme by:
1. Including the following in Schedule 12 – Development Contribution Plan of the
Scheme:
Ref No:
Area:
Provisions:
DCA 7
Aubin Grove
Landowners within DCA 7 with the exception of Part of Lot 199
Gaebler Road identified as Bush Forever Site No. 492 and the
Water Corporation bore sites shall make a proportional
contribution to the cost of common infrastructure. Lot 448 Lyon
Road, Aubin Grove has been identified for a primary school, if
this site is not developed for a primary school a proportional
contribution to the cost of common infrastructure will be
required.
The proportional contribution is to be determined in accordance
with the provisions of clause 6.3 and contained on the
Development Contribution Plan.
Contributions shall be made towards the following items:







Participants and
Contributions:
2.
Full earthworks;
Provision of drainage infrastructure;
Boring under the Kwinana Freeway;
Servicing infrastructure relocation where necessary;
Landscaping of the linear swale adjacent to the high voltage
power line;
Costs to purchase the land for the linear swale adjacent to
the high voltage power line on the west side of the Freeway
between Gaebler Road and Baler Court;
Costs to administer cost sharing arrangements – preliminary
engineering design and costings, valuations, annual reviews
and audits and administration costs.
In accordance with the cost Contribution Schedule adopted by
the local government for DCA 7.
Amending the Scheme Map to include Development Contribution Area
No. 7 accordingly.
9
ADOPTION
Adopted by resolution of the Council of the City of Cockburn at the ordinary
meeting of the Council held on 15th day of July 2004.
______________________________
MAYOR
______________________________
CHIEF EXECUTIVE OFFICER
10
FINAL APPROVAL
Adopted for final approval by resolution of the City of Cockburn at the Ordinary
Meeting of Council held on the …………. day of ………. 200….., and the Seal of
the Municipality was pursuant to that resolution hereunto affixed in the presence of:
________________
MAYOR
(Seal)
________________________
CHIEF EXECUTIVE OFFICER
Recommended/Submitted for
Final approval
___________________________________
DELEGATED UNDER S.20 OF WAPC ACT 1985
DATE: _____________
Final Approval Granted
______________________
MINISTER FOR PLANNING
AND INFRASTRUCTURE
DATE: _____________
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ATTACHMENT ONE
12
ATTACHMENT TWO
13
ATTACHMENT THREE
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ATTACHMENT FOUR
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