Minutes of the Great Southern Joint Development
Assessment Panel
Meeting Date and Time:
Meeting Number:
Meeting Venue:
Thursday 7 June 2012, 1.30pm
3
Council Chambers, City of Albany 102 North Road Albany
Attendance
DAP Members
Mr Robert Paull (Presiding Member)
Mr Patrick Dick (Alternate Specialist Member)
Cr Yvonne Attwell (City of Albany)
Cr Chris Holden (City of Albany)
Officers in attendance
Mr Stephen Ferguson (Department of Planning)
Mr Adrian Nicoll (City of Albany - Senior Project Planner)
Mr Simon Lenton (City of Albany - Manager Planning Services)
Mr Dale Putland (City of Albany - Executive Director Planning and Development)
City of Albany Minute Secretary
Andrea Lillie, City of Albany
Applicants, Submitters and Members of the Public
Messrs Scott Robinson & Ian Howard (Applicant’s representatives)
Mr Don Perfrement & Mr Barry Oakley (Submitters from McKail’s General Store and
Amity Tavern)
Mr Tony Demarteau (Submitter and resident of 24 Lorenzo Way, Orana)
Mr Peter Stringer (Main Roads WA)
Six (6) members of the public
1. Declaration of Opening
The Presiding Member, Mr Robert Paull, declared the meeting open at 1.47 pm and
welcomed the DAP Members, the Council’s staff, Councilors’ of the City of Albany,
the applicants (Mr Scott Robinson and Mr Ian Howard) and members of the public.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 1
The Presiding Member announced, in accordance with Section 5.14 of the
Standing Orders 2011: No Recording of Meeting, which states: ‘A person must not
use any electronic, visual or audio recording device or instrument to record the
proceedings of a DAP meeting unless the Presiding Member has given permission
to do so’, and he had granted permission for the electronic recording for the
purposes of recording the minutes only.
The Presiding Member announced the meeting is run in accordance with the
Development Assessment Panel (DAP) Standing Orders 2011 under the Planning
and Development (Development Assessment Panels) Regulations 2011.
The Presiding Member acknowledged the past and present traditional owners and
custodians of the land on which the meeting is being held.
2. Apologies
Cr Don Dufty (Local Government member)
Cr Dennis Wellington (Local Government member)
3. Members on Leave of Absence
Mr Ian Hocking
Mr Terry Tyzack
4. Noting of Minutes
The minutes of the Great Southern Joint Development Assessment Panel
Meeting No. 2 held on the 12 January 2012 be noted by DAP members.
5. Disclosure of Interests
Nil
6. Declarations of Due Consideration
Nil
7. Deputations and Presentations
7.1 Scott Robinson, Senior Development Manager representing Coles Group
Property Developments Pty Ltd addressed the DAP in support of the proposed
development (that is for the report recommendation) for Item 8.1.
7.2 Don Perfrement from McKail’s General Store and Barry Oakley from Amity
Tavern addressed the DAP against Item 8.1 recommendation.
The Presiding Member, Mr Robert Paull invited members of the public to advise or
inform, or make a submission to, the DAP in respect of the development
application under Regulation 40(3) of the Planning and Development
(Development Assessment Panels) Regulations 2011.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 2
7.3 Tony Demarteau from 24 Lorenzo Way, Orana accepted the Presiding
Member’s invitation and addressed the DAP in support of Item 8.1
recommendation.
7.4 Simon Lenton, Manager of Planning Services representing the City of
Albany addressed the DAP to advise of various modifications to the original
conditions of the Responsible Authority Report Recommendation (refer to the
following Item 8.1 recommendation).
Mr Lenton responded to queries raised by the DAP members.
8. Responsible Authority Reports – DAP Application
8.1
Application Details:
Property Location:
Applicant:
Owner:
Responsible authority:
Report date:
DOP File No:
Coles supermarket with attached specialty
shops
Lot 401, 463-475 Albany Highway, Orana
H&H Architects
Coles Group Property Developments Pty Ltd
City of Albany
30 May 2012
DP/12/00317
RECOMMENDATION
PRIMARY MOTION:
In accordance with Section 5.5.1 of the Standing Orders the motion was put in writing
as it was a departure from the recommendation of the Responsible Authority Report.
Moved by:
Cr Yvonne Attwell
Seconded by: Cr Chris Holden
That the Great Southern Joint Development Assessment Panel resolves to:
A. Approve Planning Application A182204 for commercial development (comprising
shops and restaurant) at Lot 401 (463-475) Albany Highway, Orana (City of Albany)
in accordance with the provisions of the City of Albany Town Planning Scheme No.
1A and subject to the following conditions:
Advice
1. Approval of the DAP application does not imply unconditional approval of the
Transport Assessment Report dated 14 May 2012.
Conditions and Advice
Land Zoning and Reservations
Condition
1. The plan shall be modified in such a manner that the commercial development is
entirely located within the ‘Local Shopping’ zone under the provisions of Town
Planning Scheme 1A, to the satisfaction of the responsible authority.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 3
Advice
2. The proposed commercial land-use cannot be approved on the portion of the lot
that is currently zoned ‘Special Use 22’. The City has endorsed a new Local
Planning Scheme 1, which proposes to delete the reservations (Local Road, Public
Use and Parks and Recreation) and Special Site zone at Lot 401 Albany Highway
and zone the whole Lot ‘Neighbourhood Centre’.
General
Condition
2. This approval shall expire unless the works hereby authorised have been
substantially commenced within 2 years of the date of issue or within any extended
period for which the responsible authority has granted written consent.
3. The proposal is to comply with any details and/or amendments marked in red as
shown on the approved plan.
Advice
3. In relation to this condition, the following amendments (in red) have been made to
the plans:
 liquor store notated with reference to requiring a liquor licence before planning
approval can be issued;
 sign writing details deleted (Plan A10 and Plan A40);
 ‘Future Fast Food’ outlets deleted (Plan A10);
 pedestrian path(s) added (Plan A10);
 proposed zincalume roof colour changed to colourbond (Plan A40);
 access at the rear of the development is to be sealed (Plan A10);
 trees at the rear of the development included (Plan A10);
 consideration for pedestrian link between cinema and proposed development;
and
 consideration for give way as per Transport Assessment Report dated 8 March
2012 (superseded report).
Detailed Plans – Prior to Commencement of Construction
Condition
4. Prior to commencement of earthworks, unless varied by a condition of approval or a
minor amendment to the satisfaction of the City, the following plans are to be
designed by a practicing Civil Engineer, submitted to the City of Albany and
approved by the City of Albany:
Detailed Design Plans
a. road (Fig 2), pedestrian (Fig 8) and disabled access plans;
b. parking plans;
c. stormwater drainage plans;
d. earthworks and retaining plans;
e. landscaping plans detailing the plants to be used and maintenance;
f. sign writing plans; and
g. public art plans.
Development – Prior to Occupancy of Use
Condition
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 4
5. Prior to occupancy of use, unless varied by a condition of approval or a minor
amendment to the satisfaction of the City, all construction shall occur, in accordance
with the approved plans:
Development Plans
a. DWG A10 – Site Plan
b. DWG A20 – Floor Plan
c. DWG A40 – Elevations
d. DWG A50 – Sections
Transport Assessment Plans
e. Fig 2 - Recommended Interim Plan for Proposed Development; and
f. Fig 8 - Future pedestrian and Cyclist Facilities.
Detailed Design Plans
g. road (Fig 2), pedestrian (Fig 8) and disabled access plans;
h. parking plans;
i. stormwater drainage plans;
j. earthworks and retaining plans;
k. landscaping plans detailing the plants to be used and maintenance;
l. sign writing plans; and
m. public art plans.
Advice
Access/Parking
4. All access ways (including the access at the rear of the Coles Store) and parking
areas need to be kerbed, formed, graded, drained, line-marked, finished with a
sealed or paved surface or equivalent by the developer and maintained to the
satisfaction of the City. A ‘Permit’ from the City is required for the construction of
crossovers.
5. Existing crossovers not required for the proposed development shall be removed,
the verge made good and kerbing reinstated, immediately upon completion of the
building.
6. Vehicular parking, manoeuvring and circulation areas being designed in accordance
with AS2890, constructed, properly drained and sealed to the satisfaction of the City
of Albany. Plans must be designed and certified by a practising Traffic Engineer.
7. Pedestrian access is required between the cinema complex and the new
development.
8. Vehicular entry to the parking area from Albany Highway (Figure 5 on Transport
Assessment Report) requires closer consideration to minimise conflict with
circulating vehicles.
Stormwater/Urban Water Management
9. Stormwater disposal is to be designed in accordance with the ‘City of Albany’s
Subdivision and Development Guidelines’. Soil capability testing will likely be
required to determine if soakwell infiltration is the appropriate method of disposal for
the site.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 5
The stormwater disposal system is to be designed and certified by a practicing Civil
Engineer to the satisfaction of the City of Albany. An Urban Water Management
Plan is required prior to detailed design, to the specifications of the City of Albany
and in accordance with Water Sensitive Urban Design Principles, at the Developer’s
Cost. Subsequent detailed design shall be in accordance with the approved
findings of this Plan.
Landscaping
10. One (1) tree at least 3 metres high for every 10 car parking bays is to be planted
and maintained throughout the car parking areas. In the landscape areas, at least
one tree capable of growing to a height greater than 3m is to be identified in a
landscape plan, planted and maintained. The Scheme requires minimum boundary
setbacks of 11m for development within a Local Shopping zone. The development
proposes a setback to the south western boundary of 7.5m, a variation of 3.5m. At
least one tree capable of growing greater than 3m in height and at least 3m appart
is to be identified, planted and maintained along the south western boundary to
soften the impact of the development to the neighbouring proposed residential
complex (Lot 402).
Signage
11. Signage is to be developed in accordance with the City’s Sign Policy. A ‘Sign
Licence’ is required in addition to Planning Approval prior to developing signage.
Public Art
12. The City has a Public Art Policy 4b, which states: Private developments involving
commercial, non-residential and or mixed residential/commercial developments over
the value of $1,500,000 are required to allocate 1% of the estimated total project
cost for the development of public artwork which reflect or enhance local cultural
identity.
Andorra Road
Condition
6. Prior to the occupation of the development, the ingress and egress to Le Grande
Drive shall be designed and constructed to the satisfaction of the responsible
authority, taking into account matters including potential impact on the function and
operation of Andorra Road.
Advice
13. The Transport Assessment Report dated 14th May 2012, will need to be amended
by the developer at their cost to determine what impact the additional vehicles
expected on Andorra Road as a result of the development will have on amenity and
road standard. Consideration needs to be made for implications associated with:
 stacking across the intersection with Le Grande Ave; and
 implications of additional traffic on the current road users (pedestrian, cyclists
and vehicles) amenity and road standard.
Lighting
Condition
7. Street lighting and lighting within the Lot is to be provided at the developers cost to
the satisfaction of the City of Albany.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 6
Easements
Condition
8. Prior to the commencement of the use, arrangements to the satisfaction of the
responsible authority shall be established whereby the applicant secures permanent
access over part lots 403, 404 and 405 for access as illustrated on Plan A-10A (as
modified).
Advice
14. The plans propose access to Lot 401 via neighbouring lots 403, 404 and 405. The
affected parties have agreed (statutory declaration) to grant each other reciprocal
easements as are necessary for their access rights.
Fencing
Advice
15. Fencing is to comply with the following:
 City of Albany Fencing Local Law 2010;
 Dividing Fences Act 1961; and
 Local Government Act 1995.
Any dispute on boundary fencing should be taken up through the provisions of
the 'Dividing Fence Act' 1961 as administered by the Department of Housing
and Works.
Government Organisations
Advice
Western Power and Water Corporation
16. Approvals are required from Western Power and the Water Corporation prior to
commencement of any site works.
Main Roads WA
17. All road asset works must comply with ‘Main Roads’ policy, standards and
guidelines.
18. The proponent shall be responsible for all costs involved in the design and
construction for all road related works required as a consequence of the proposed
development.
19. Arrangements being made for the provision of safe pedestrian and cycle access
along Albany Highway, across the Le Grande Avenue intersection and across the
Albany Highway at Anson Road.
20. The proponent must make provision for the location of services outside of the road
reserve if agreement cannot be reached with Main Roads.
21. The proponent must prepare road design concepts for all intersections and other
road asset affected by the proposed development.
22. Main Roads approval is to be obtained for signs and work to be undertaken within
the road reserve.
23. Main Roads require a 12 month defect liability period for all works undertaken on
the main Roads network.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 7
Building Licence
Advice
24. This is not a Building Licence. An application shall be made with Council’s Building
Services prior to commencement of works on-site.
Health Requirements
Advice
25. Compliance with Environmental Protection (Noise) Regulations 1997 will be
required.
Dust
Advice
26. Dust will need to be managed in accordance with the City of Albany ‘Sand Drift
Prevention and Abatement Local Law 2009’.
Net Lettable Area
Advice
27. The Net Lettable Floor Area of the development is not to exceed 5000m2. Prior to
supporting development in excess of the 5000m2 NLA, the City of Albany Local
Planning Strategy will need to be reviewed and the Town Planning Scheme 1A and
Draft Local Planning Scheme 1 will need to be amended.
B. In relation to the Liquor Store component of Planning Application A182204, the
Great Southern Joint Development Assessment Panel invites the applicant to seek
a Regulation 17 Approval once a liquor licence has been issued for the proposed
liquor store.
The motion was put and carried unanimously.
9. Amending or cancelling DAP development approval
Nil
10. Appeals to the State Administrative Tribunal
The Presiding Member advised that an appeal has been lodged with the State
Administrative Tribunal for a review of the Great Southern JDAP’s refusal of
Planning Application 2011/127 (DAP Application Reference DP/11/01607/01) for
Proposed 64 Grouped Dwellings on No. 50 (Lot 358) Smith Street, Denmark.
11. Meeting Closure
There being no further business, the Presiding Member declared the meeting closed
at 2.24pm.
Mr Robert Paull
Presiding Member, Great Southern JDAP
Page 8