Planning and Development Reports PD Reports... · of a fish processing plant, with wholesale and retail sales of seafood at ... No materials or equipment being stored externally on

Planning and Development Reports Committee Consideration – 11 February 2020 Council Resolution – 25 February 2020

Table of Contents

Item No. Page No. PD01.20 Unit 1/2a Loch Street, Nedlands – Retrospective Industry -

Light Use (Fish Processing Plant with Wholesale and Retail Sales of Seafood) ..........................................................2

PD02.20 No. 2A Korel Gardens, Swanbourne – Single House ............ 14 PD03.20 Local Planning Scheme 3 – Local Planning Policy

Laneway Requirements ......................................................... 25 PD04.20 RFP 2019-20.01 Natural Area Maintenance and Services .... 28

Council: 25 February 2020

2020 PD Reports – PD01.20 – PD04.20 – 25 February

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1.0 Executive Summary The purpose of this report is for Council to determine a retrospective development application received from the applicant on 8 August 2019, for an existing Industry – Light use which accommodates a fish processing plant with wholesale and retail sales of seafood. The subject property is zoned as ‘Service Commercial’ under the City of Nedlands Local Planning Scheme No. 3 (LPS 3). The application was advertised to adjoining landowners and occupiers in a 100m radius in accordance with the City’s Local Planning Policy - Consultation of Planning Proposals. One (1) submission was a joint submission addressing objections from three (3) adjoining landowners/ occupiers. One (1) submission was a non-objection, subject to conditions. One (1) submission was in support of the proposed light industrial use. It is recommended that the application be approved by Council as it is considered to meet the objectives of the relevant City of Nedlands Local Planning Policies and is consistent with the character of the locality.

PD01.20 Unit 1/2a Loch Street, Nedlands – Retrospective Industry - Light Use (Fish Processing Plant with Wholesale and Retail Sales of Seafood)

Committee 11 February 2020 Council 25 February 2020 Applicant Dynamic Planning and Developments Landowner Reginald Reberger and Toni Reberger Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type Quasi-Judicial

When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA19/36985 Previous Item Item E89.04 – August 2004 Delegation In accordance with the City’s Instrument of Delegation, Council is

required to determine the application due to objections being received

Attachments 1. Submission Table 2. City of Nedlands Local Planning Scheme No. 3 -

Assessment Table 3. Applicant Justification Letter 1. Plans (CONFIDENTIAL) 2. Waste Management Plan (CONFIDENTIAL) 3. Assessment Sheet (CONFIDENTIAL) 4. Submissions (CONFIDENTIAL)


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2.0 Recommendation to Committee Council approves the development application dated 8 August 2019 to operate an Industry - Light (fish processing plant with wholesale and retail sales of seafood) at Lot 46 (Unit 1/2a) Loch Street, Nedlands, subject to the following conditions and advice: 1. The development shall at all times comply with the application and the

approved plans, subject to any modifications required as a consequence of any condition(s) of this approval. (Planning)

2. This development approval only pertains to an Industry – Light land use

of a fish processing plant, with wholesale and retail sales of seafood at the subject property. It does not pertain to advertising signage. (Planning)

3. A maximum of three (3) staff are permitted on the premises at any one

time. (refer to advice note 12). (Planning) 4. The proposed use complying with the Industry - Light definition stipulated

under the City of Nedlands Local Planning Scheme No. 3 (refer to advice note 1). (Planning)

5. The Industry – Light use is permitted to operate Monday to Friday 10:00am

– 5:30pm and Saturday 9:00am – 12:00pm. Operation on Sundays and Western Australian Public Holidays is not permitted. (Planning)

6. No materials or equipment being stored externally on the property which

is visible from off site, or obstructs vehicle manoeuvring areas, vehicle access ways, pedestrian access ways, parking bays and/or (un)loading bays. (Planning)

7. Service and/or delivery vehicles are not to service the premises before

7.00am or after 7.00pm Monday to Saturday, and/or before 9.00am or after 7.00pm on Sundays and Public Holidays unless otherwise approved by the City beforehand. (Planning)

8. All car parking bays, manoeuvring areas and vehicular access ways

shown on the approved site plan being marked, sealed and drained, and be maintained thereafter by the landowner to the City’s satisfaction. (Planning)

9. All footings and structures to retaining walls, fences and parapet walls,

shall be constructed wholly inside the site boundaries of the property’s Certificate of Title. (Planning)

10. All stormwater from the development, which includes permeable and non-

permeable areas shall be contained onsite. (Planning)

11. The Waste Management Plan dated 26 September 2019 forms part of this development approval and shall be complied with at all times to the satisfaction of the City of Nedlands. (Planning)


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Advice Notes specific to this proposal: 1. With regard to Condition 2, the applicant and landowner(s) are advised

that the use of Industry - Light is defined as being the following under the City of Nedlands Local Planning Scheme No. 3:

Industry means premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes facilities on the premises for any of the following purposes-

(a) the storage of goods; (b) the work of administration or accounting; (c) the selling of goods by wholesale or retail; (d) the provision of amenities for employees; (e) incidental purposes.

Industry – light means premises used for an industry where impacts on the amenity of the area in which the premises is located can be mitigated, avoided or managed. (Planning)

2. The applicant shall make application to the City’s Building Services for a

Building Permit, to seek retrospective approval for any unauthorised works. (Building)

3. Prior to commencing a Food Business* the proprietor shall lodge a Food

Business Registration / Notification Form with the City of Nedlands Environmental Health Department for approval.

*A food business is any business or activity that involves the sale of food or the handling of any type of food for sale in Australia. (Environmental Health)

4. Prior to commencing a Food Business, the premises will be inspected by

an Environmental Health Officer from the City which cites whether the Food Business may commence. (Environmental Health)

5. The premises is to comply with the requirements of the Health

(Miscellaneous Provisions) Act 1911, and City of Nedlands Health Local Laws 2017 in regard to an offensive trade, as specified below. As the facility processes whole fish, shellfish and crustaceans this is defined under the Health (Miscellaneous Provisions) Act 1911, by way of proclamation (Gazette 26 Nov 1993 p. 6321), and the City of Nedlands Health Local Laws 2017 as an Offensive Trade. As such, the following is required:

a) Make an application to the City for Consent to Establish an Offensive

Trade. b) Make an application to the City for Registration of a Premises for

Offensive Trade with the applicable annual fee of $298 in accordance with the Offensive Trade (Fees) Regulations 1976 (to be completed annually in July).


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c) Provide written confirmation that the applicant has advertised notice of their intention to apply for consent to establish an offensive trade in accordance with clause 145 of the City of Nedlands Health Local Law 2017.

d) In relation to Condition 11, the applicant is to comply with the Waste

Management Plan dated 14 November 2019 prepared by Dynamic Planning and Developments for the disposal of trade refuse and offensive materials produced upon the premises:

i. The storage of external rubbish wheelie bins in the cool room is

not permitted due to the risk of contamination. Seafood waste should be stored in clean and sanitary designated impervious receptacles (with airtight covers) within the cool room to minimize odour, before being transferred to the external waste bin immediately prior to collection. Should the external rubbish wheelie bins be stored in the cool room they are required to be cleaned and sanitized daily; and

ii. The Applicant is required to contact the Water Corporation to determine requirements for a Trade Waste Permit and grease trap installation for the disposal of liquid refuse. The discharge of liquid refuse, including the biproduct of bin and floor wash down activities, into the stormwater drain at the premises is not permitted.

e) Provide details of the internal fit out for the entire premises on a floor

plan. The floor plan shall also include specific information detailing the location of food product processing stages including delivery, processing, packaging, sale and waste disposal. The following details should be included on the plans:

i. Floor, wall and ceiling finishes; ii. Lighting and electrical installations; iii. Fixtures and fittings; iv. Plumbing and drainage layout, including grease trap; v. Specifications for food preparation benches & any cooking

appliances; vi. Pest control mechanisms; vii. Toilets change rooms and bin enclosure.

f) A written Food Recall Plan, as required by Clause 12 of Standard 3.2.2

of the Australia New Zealand Food Standard Code (the Code) for food businesses engaged in the wholesale supply of food is to be submitted and approved by the City of Nedlands.

g) A written Seafood Safety Management Plan, as required under

Standard 4.2.1 – Primary Production and Processing Standard for Seafood, detailing the following is to be submitted and approved by the City of Nedlands:

i. Systematic examination of all operations (receipt, storage, processing, packaging, transportation, disposal, tracing) identifying potential seafood safety hazards and implemented controls;

ii. The skills and knowledge of food handlers in food safety and food hygiene matters and any training completed or provided;


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h) As the operations located on the subject premises require the primary

production or processing of bivalve molluscs (cockles, clams, mussels, oysters, pipis and scallops), a documented food safety management system is required to be implemented, compliant with Standard 4.2.1 Clause 16, which effectively controls the hazards to the satisfaction of the City of Nedlands. (Environmental Health)

6. In relation to Condition 11, all waste and recycling bins must be serviced

from within the site and shall not presented on the verge area as indicated on the Waste Management Plan. (Planning)

7. Prior to commencing a Food Business, a documented Food Safety Program which meets the requirements of the Australian New Zealand Food Standards Code Standard 3.2.1 Food Safety Programs, shall be deemed satisfactory by an Environmental Health Officer at the City. (Environmental Health)

8. Designated storage areas for cleaning chemicals and equipment and

personal belongings shall be available and separate from any food preparation or food storage area. (Environmental Health)

9. Location of any bin stores shall be behind the street alignment and so as

not to be visible from a street or public place, in accordance with the City’s Health Local Law 1997. (Environmental Health)

10. All internal water closets and ensuites without fixed or permanent window

access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second. (Environmental Health)

11. Adequate staff and public sanitary conveniences shall be provided in

accordance with the Building Code of Australia. (Building) 12. In relation to Condition 3, a separate development application is required

to be submitted to and approved by the City prior to increasing the number of staff on site at any given time. (Planning)

a. As per the City of Nedlands Local Planning Policy – Parking, the

parking requirements for an Industry – Light land use are as follows: - 2.2 per 100m2 of net lettable area or - 1 per employee (whichever is greater) Based on these requirements, any increase in staff on site will require additional parking to adhere with the provisions of the Local Planning Policy – Parking. Any increase in the number of staff on site will require an additional assessment of the parking availability on site through a Development Application.

13. All street tree assets in the nature-strip (verge) shall not be removed.

Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Development approval. (Technical Services)


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14. All crossovers to the street(s) shall be constructed to the Council’s

Crossover Specifications and the applicant / landowner to obtain levels for crossovers from the Council’s Infrastructure Services under supervision onsite, prior to commencement of works. (Technical Services)

15. The existing crossover(s) shall be removed and the nature-strip / verge reinstated with grass or landscaping in accordance with Council’s Nature-Strip / Verge Development Policy. (Technical Services)

16. To prevent stormwater flowing into the property, ground levels of crossovers or driveways must have a part that is a minimum 150mm higher than the street / Right-Of-Way or a grated channel strip-drain is constructed across the driveway, aligned with and wholly contained within the property boundary, and the discharge from this drain to be run to a soak-well situated within the property. (Technical Services)

17. Any development in the nature-strip (verge), including footpaths, will

require a Nature-Strip Development Application (NSDA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing. (Technical Services)

18. All downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development. (Environmental Health)

19. This is a Planning Approval only and does not remove the responsibility of the applicant/owner to comply with all relevant building, health and engineering requirements of the City, or the requirements of any other external agency. (Planning)

20. In relation to Condition 2, any signage that is not exempt under the City of Nedlands Local Planning Policy – Signs, shall be the subject of a separate development application. (Planning)

21. This decision does not obviate rights and responsibilities of strata owners under the Strata Titles Act 1985, which may require additional consultation and/or permissions from the stratum, prior to the commencement of works. (Planning)

22. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect. (Planning)


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3.0 Background 3.1 Land Details

Metropolitan Region Scheme Zone Urban Local Planning Scheme Zone Service Commercial R-Code NA Land area 627.00m2

Land Use Existing – Industry - Light Proposed – Industry - Light

Use Class ‘A’ 3.2 Locality Plan

The subject site is located at the intersection of Loch Street and Government Road in the City of Nedlands. Access to the subject property is via Government Road. The neighbouring occupancies on Loch Street include a variety of light industrial uses and commercial tenancies. To the north of Government Road is the Karrakatta Cemetery and the properties to the south of Carrington Street are residential dwellings. To the west of Loch Street are residential dwellings within the locality of the Town of Claremont. 3.3 Property History and Previous Application

- 30 July 1991: Council approved 8 light industrial units on Lot 45 and Lot 46 Loch Street at an Ordinary Council meeting. A cash in lieu payment was received by the City of Nedlands for a shortfall of 5 car bays.

- 5 July 1993: Light Industrial Units granted Strata Titles. - 28 September 1993: Planning approval was granted for food manufacturing

for Unit 1 at an Ordinary Council Meeting. - 10 July 2003: Correspondence from the owners of the business informs that

the business is a wholesale seafood business with public access limited to four hours a day.

- 24 July 2003: Correspondence from the City’s Planning Services to owners of the business highlighting concern over the operation of the current business without planning approval.


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- 23 September 2003: Correspondence from the owners of the business stating that operation of the business was commenced in 1996. However, no documentation could be provided to confirm approval or comments on the operation of the business.

- 24 August 2004: Retrospective Planning Approval was granted for a fish processing plant with wholesale and retail sales of seafood at the subject property. Conditions of the approval included: • Compliance with the Health Act 1911 for an offensive trade. (Condition 1) • The planning approval shall be for a period of 12 months after which

Council will review the operation of the proposed use. (Condition 4) • Hours of sales shall be 2pm-6pm Monday to Friday and Saturday 11am-

3pm. (Condition 5) - 30 January 2019: A compliance letter was sent by the City of Nedlands

Planning Department because the fish processing and warehouse land use was not compliant with the Health Laws for an offensive trade which was required as per Condition 1 of the planning approval issued in August 2004. Additionally, the planning approval which originally granted had expired (only 1-year operation granted in August 2004 as per Condition 4). The original business owner went into administration and a new business owner took over the lease and business and continued to operate without a valid planning approval.

- A retrospective development application was lodged in August 2019 by the new business owner at the City’s request, which is being determined through this Ordinary Council Meeting.

4.0 Application Details The applicant seeks retrospective development approval to operate a fish processing plant with wholesale and retail sales of seafood, details of which are as follows:

• Premises is intended to be used for the purposes of processing and wholesale distribution of seafood products. The products will be sourced locally and are collected in utility vehicles with refrigerated units which are used to transport the produce to the store.

• On site, the produce is processed and stored to fill wholesale and incidental retail orders (10% or less).

• The business has a range of clients ranging from restaurants and cafes to bars. The majority of the business is made up of wholesale to a range of restaurants around the Perth Metropolitan Area.

• Delivery to the wholesale customers occurs 6 days a week to ensure that the customers are supplied with fresh seafood. The deliveries are carried out in two (2) utility vehicles with refrigeration units on the back.

• Operating hours are in accordance with the following: o Monday to Friday: 10.00am to 5.30pm o Saturday: 9.00am to 12.00pm o Sundays and Public Holidays: Closed.

• Staff numbers range from 1 to 3 staff depending on the amount of orders and when seafood is delivered. The maximum number of staff on site are proposed to be three (3) staff members. Some of the staff members conduct the wholesale deliveries to the business’s various restaurant customers.


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5.0 Consultation The subject property is zoned as ‘Service Commercial’ under the City of Nedlands Local Planning Scheme No. 3 (LPS 3). An Industry – Light use is an ‘A’ use in a Service Commercial Zone under the Zoning Table of LPS 3. As such, the application was advertised to sixty-nine (69) adjoining landowners and occupiers in a 100m radius in the City of Nedlands and Town of Claremont in accordance with the City’s Local Planning Policy - Consultation of Planning Proposals. One (1) submission was a joint submission addressing objections from three (3) adjoining landowners/occupiers. One (1) submission was a non-objection, subject to conditions. One (1) submission was in support of the existing land use. The outcome of the consultation is represented in the pie chart below.

Refer to attachment 1 for the Submission Table which outlines the comments received and administration’s response to each of them. Note: A full copy of all relevant consultation feedback received by the City has been given to the Councillors prior to the Council meeting. 6.0 Assessment of Statutory Provisions 6.1 Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 9, clause 67 (Matters to be considered by local government) stipulates those matters that are required to be given due regard to the extent relevant to the application. Where relevant, these matters are discussed in the following sections. In accordance with provisions (m) and (n) of the Regulations clause 67, due regard is to be given to the likely effect of the proposed development’s scale, appearance, adequacy of parking and the potential impact it will have on the local amenity. 6.2 Metropolitan Region Scheme The subject site is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS). The proposal is an urban use and is therefore consistent with the zoning classification under the MRS.

Consultation Feedback

Objection Non-Objection subject to conditions Support Non-Submitter


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6.3 Local Planning Scheme No. 3 Refer to attachment 2 for the assessment against all the relevant clauses of the City of Nedlands Local Planning Scheme No. 3 and administration’s response to each of the provisions against the relevant clause. 6.4 Policy/Local Development Plan Consideration 6.4.1 Local Planning Policy – Parking The development has been assessed against the provisions of Local Planning policy (LPP) – Parking. An assessment of the policy is provided below.

Policy Objective To facilitate the development of sufficient parking facilities for cars and other wheeled vehicles.

Policy Requirement Industry- Light is 2.2 per 100m2 of net lettable area or 1 per employee (whichever is greater). The total net lettable area of the proposal is 77.9m2 which would require a total of 1.77 car parking bays. The applicant has advised that there is a maximum of 3 staff on site which would require a total of 3 car parking bays. Total Required Bays: 3 car parking bays.

Proposed Available bays:

- 1 designated car parking bay for Unit 1 as shown on the site plan - 1 common property parking bay (visitor bay) for Lot 46 as shown in the site plan.

Total available: 1 car parking bay and 1 common parking bay (visitor)

Administration Assessment The City of Nedlands LPP – Parking required 3 car parking bays. Variations to LPP – Parking are capable of approval where the development is consistent with the above-mentioned objective of the policy. Based on the above assessment, 3 car parking bays are required as per the LPP requirements. The total number of bays available is 1 bay, presenting a shortfall of 2 bays. The common property parking bay is also available for the use of the customers of the business, which is shared amongst the other tenancies on site as a common parking bay. Ordinarily a local government would apply a cash in lieu payment arrangement in such circumstances whereby it assessed that the car parking shortfall could be accepted subject to payment to the City in accordance with a Car Parking Plan. In this instance the City has not progressed the development of such a plan and therefore cash in lieu provisions cannot be applied. The parking shortfall is justified for the following reasons: 1. On 30 July 1991, Council approved 8 light industrial units on Lot 45 and Lot 46 Loch

street at an Ordinary Council Meeting. A cash in lieu payment has already been received by the City of Nedlands for a car parking shortfall of 5 bays over the two lots of Lot 45 and Lot 46.


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2. The existing use and business operations, as proposed, have been approved previously with the same amount of parking available at the subject site. As nothing has changed to the proposed business operations or parking requirements applicable to the proposed use, it is considered the two (2) parking bay shortfall remains appropriate.

3. There is public parking available on the opposing side of Government Road to account

for any parking shortfall applicable at the subject site. 4. Informal parking is provided on the Government Road reserve which has the potential

to accommodate additional parking for customers to the business.

5. As previously explained, 77% of the sale of the business is through wholesale, which reduces the volume of customers who visit the business. The orders of wholesale purchases are delivered to the customers around the Perth Metropolitan Area. As such, instead of these customers picking up these orders from the subject property, business staff make the deliveries to the customers in the delivery trucks. These delivery trucks are filled in the loading bay which is identified on the site plan and floor.

6. The operating hours for the business are

• Monday to Friday: 10:00am-5:30pm • Saturday: 9.00am-12:00pm • Sundays and Public Holidays: Closed Based on the above operating hours, the business does not operate during the peak morning hours during Monday to Friday and is open for three (3) hours on Saturday.

It is anticipated that with these hours of operation, the availability of one (1) allocated car parking bay, one (1) common property parking bay, street parking on Government Road and the time taken to purchase the retail sales (approx. 15-20mins), the parking shortfall of two (2) bays is unlikely to detrimentally cause any parking issues.

In light of the above points raised, the proposed parking shortfall is considered to be justified. In addition, the City of Nedlands have already collected a cash-in-lieu payment for a previous parking shortfall at the subject site. As such, the parking shortfall is considered to be appropriate for approval.

6.5 Waste Management The applicant has submitted a Waste Management Plan which was reviewed by the Waste Management Department of the City of Nedlands and this is considered to be acceptable to the City. If the application is approved by Council, it is recommended that a condition be included which requires the landowner to implement the management recommendations included in the Waste Management Plan dated 14 November 2019, to the satisfaction of the City of Nedlands. 7.0 Conclusion The proposal is unlikely to have a significant adverse impact on the local amenity due to its scale and location within the existing service commercial zone which contains light industrial and commercial uses. The proposed land use is considered to be compatible within the Industry- Light Zone and it will form part of an existing development which consists of a mix of light industries and commercial tenancies in the immediate locality of Loch Street and Carrington Street in the City of Nedlands.


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It is considered that the existing business adds to the diversity of commercial business activity within the area. The appearance and streetscape of the area will remain the same as the use of the business will be located in an existing unit. The City has reviewed the waste management plan and parking provision associated with the business, which can be appropriately managed and contained between on-site bays for staff and the surrounding public parking. Accordingly, it is recommended that the application be approved by Council.

Suite 15, 29 Collier Road, MORLEY WA 6062 PO Box 688, INGLEWOOD WA 6932

OFFICE: (08) 9275-4433 FAX: (08) 9275-4455 EMAIL: [email protected] ABN 99 169 411 705

www.dynamicplanning.net.au

Submission response:

Consultant / Stakeholder CODE Name Company / Agency

CN Chris Newton Perth Seafoods

HS Hide Shigeyoshi Dynamic Planning & Developments

Project Address: Lot 46 (Unit 1 / No. 2A) Loch Street, Nedlands Proposal: Change of Use to ‘Industry – Light’ (retrospective) Our Ref: 969

Summary of submission / Key Issues Response Prepared by /

with input from

Response / Comment

The DA:

Incorrect details on the background information relating to when the business started operating and when the lots were development

HS Noted. Not a relevant planning consideration. Lots were redeveloped from residential to commercial circa 1990’s.

An easement is registered on site HS Noted. There is a 3.0m wide right of carriageway on Lot 45 (Diagram 12829) which provides access benefit to Lot 46 (subject site) – refer figure below.

PD01.20 - Attachment 3Applicant's Justification Letter

mailto:[email protected]

http://www.dynamicplanning.net.au/

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City of Nedlands Received 04 November 2019




All access is via the right of carriageway of Government Road, not Loch St.

HS Noted.

No loading bay is provided HS A delivery dock is located behind the roller door entry. In addition, a dedicated parking bay plus a common parking also exists on site which can be utilised by the subject site – refer below.

Figure 1 - Extract / Merged image of Strata Plan #22622 & #25227

Deliveries for the seafood business are not in Hiluxes, but other larger trucks

HS / CN Delivery vehicles are typically 4wd utes – refer below. It is acknowledged that there are some instances where a light-duty truck (Mitsubishi Fuso Canter) may access / egress the property however, these are limited instances as the new business operators pick up the majority of the produce direct from the supplier. It is noted that the subject site is zoned ‘Service Commercial’. As such, movements from some commercial vehicles is expected to be generated from not only the subject site but other non-residential businesses which are located along Government Road / Carrington Street.



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Figure 2 – Delivery Vehicles

The retail is not incidental, but a large part of the business itself with other products sold on counter

HS The primary client base for the business are restaurants, cafes and bars located across the Perth metropolitan region. The retail sale to walk-in customers makes up a small portion both in numbers as well as in profit figures for the business.

It is also noted that the unit area is predominantly associated with the wholesale operations being preparation areas and chiller / storage. As illustrated below, the ratio of wholesale versus retail is:

Wholesale – 69.32sqm / 77.7%.

Retail – 6.59sqm / 7.39%.

Shared wholesale / retail area – 14.8%.

It is commonly accepted planning practice that a floor area percentage of up to 30% would be considered incidental to a predominant use of a site (Newsonic Pty Ltd v City of Stirling [2008] WASAT 282).

Figure 4 also illustrates the internal layout of the public area which shows that the retail area is clearly limited to a small portion of the subject tenancy. It is noteworthy that this retail area is a shared area for the wholesale delivery dock, thereby illustrating the incidental



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nature of the retail component. It is also emphasised that the nature and extent of goods sold in the retail shop front are directly related to the goods which are being sold wholesale. To this end, the retail component is naturally attending to or consequent on the wholesale operations.

Figure 3 – Floor plan configuration



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Figure 4 – Internal layout of shared retail / delivery area

Parking and Access:

Not sufficient parking provided HS Under the provisions of the City of Nedlands Local Planning Policy, parking for an ‘Industry-Light’ use requires ‘1 bay per 50sqm of GFA’. The subject tenancy has a GFA of 84sqm therefore, 1.68 bays (2 bays) are required.

As illustrated in the figure above, the subject site is provided with 1 x dedicated bay within the common property area (i.e. Pt. lot 1) and 1 x shared common parking bay. To this end, sufficient parking is provided on-site to satisfy the Local Planning Policy requirements.

Operating hours listed are incorrect HS / CN Operating hours are: Monday to Friday – 10am to 5:30pm. Saturday – 9am to 12pm. Sunday and Public Holidays – closed.

Retail sales are not incidental HS Refer response above.

More customers resulting in increased traffic, potential accidents HS The purported increase in customers is a speculative consideration. However, it is noted that Government Road is a two-way 20.12m wide local distributor road which ends in a cul-de-sac. As such, the primary users of Government Road are commercial businesses in the locality and some traffic generated from the cemetery (note: Government Road is not the primary access for the cemetery). To this end, traffic numbers are considered to be well below the road design capacity of Government Road.



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It is also noted that vehicles accessing the subject site are able to access and egress the subject site in a forward direction thereby reducing any safety issues.

Intensification of business will result in a more busy street on Government Road and traffic problems

HS Refer response above.

People park in parking spaces allocated to other businesses HS This is a strata management consideration. Not relevant to the subject application.

Additional traffic could cause harm to pedestrians HS Refer response above.

Smells:

The waste management plan states Bayswater and residential in the introduction which is incorrect

HS Refer updated waste management plan.

Queries regarding private waste collection HS Unclear what the “query” relates to.

Grease trap required HS / CN Not a relevant planning consideration. It is however noted that Water Corporation have attended the premise and advised that due to the nature of the business (i.e. no cooking and/or cooking oil being used), the use of on-site water waste strainers would suffice. New strainers have been installed on the premise since May 2019.

Increased business activity will cause smell problems HS No. there is no correlation with increased business activity and smell. Managing smell is a waste management matter.

Query as to the use and activities carried out under ‘unmarked courtyard’

HS Query is ambiguous. The ‘courtyard’ area is common property / vehicle circulation space.

Birds and crows pull out remains of fish from bins- causing smells and dirty environment

HS / CN This is a waste management consideration. It is also noted that such issues are attributed to the previous operators of the business which has since been taken over by new operator’s, Perth Seafoods. Waste collection has been arranged with waste operators SUEZ who contact the business manager advising them of their arrival which prompts bins to be wheeled out for collection. Put simply, bins are no longer left out for long durations which led to the issues raised.

One submission made the following request:

No fish waste to be stored in bins left near the curb due to crows getting into the bins

HS / CN Noted. Refer comments above.

Bin collection to occur between 7am and 7pm HS / CN Bin collection occurs during trading hours. As noted above, the waste collection practice now is that the business manager is contacted prior to the waste operator’s arrival.



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City of Nedlands Local Planning Scheme No. 3 Assessment:

The following table provides an assessment against the relevant Clauses of the City of Nedlands Local Planning Scheme No. 3 and the administration’s response to the provisions of the relevant Clauses.

Item Provision Officer Response Clause 9 – The aims of this Scheme

a) Protect and enhance local characterand amenity;

b) Respect the community vision for thedevelopment of the district;

c) Achieve quality residential built formoutcomes for the growing population;

d) To develop and support a hierarchy ofactivity centres;

e) To integrate land use and transportsystems;

f) Facilitate improved multi-modalaccess into and around the district;

g) Maintain and enhance the network ofopen space;

h) Facilitate good public healthoutcomes;

i) Facilitate a high-quality provision ofcommunity services and facilities;

j) Encourage local economicdevelopment and employmentopportunities;

k) To maintain and enhance naturalresources;

l) Respond to the physical and climaticconditions; and

m) Facilitate efficient supply and use ofessential infrastructure.

The proposal is consistent with all relevant aims of the scheme.

Clause 16 – Service Commercial Zone objectives

To accommodate commercial activities which, because of the nature of the business, require good vehicular access and/or large sites.

The proposal accommodates a commercial activity for the wholesale and retail sale of fish which gains access through Government Road.

To provide for a range of uses which, by reason of their scale, character, operational or land requirements, are not generally appropriate in, or cannot conveniently or economically be accommodated in centre, commercial or industrial zones.

The use of the business is seen to be fitting for the service commercial zone in terms of the scale, character and land requirements which cannot be conveniently or economically located in centre, commercial or industrial zones.

To ensure land use is compatible with any adjacent commercial, mixed use or residential areas and would not have a detrimental effect on the amenity of the locality.

The land use is considered to be compatible with adjoining existing commercial, mixed use and residential uses which surround the subject property to the west, east and south.

PD01.20 - Attachment 2

The operation of this business within this zone is unlikely to detrimentally effect the existing or future amenity of the locality.

To maintain compatibility with the general streetscape, for all new buildings in terms of scale, height, style, materials, street alignment and design of facades.

The development utilises an existing building and is not considered to have a material impact on the streetscape

Clause 17 & 18 Zoning Table

Industry- Light is classed as an ‘A’ use, meaning that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions.

As discussed in the Consultation section of this report, the application was advertised in accordance with the City’s Local Planning Policy - Consultation of Planning Proposals as a requirement through clause 64 of the deemed provisions.

Clause 32.1(1) – Parking

Car parking requirements and cash-in-lieu payments. (1) Except for development to which the R-Codes apply, every development shall provide on-site car parking spaces in accordance with any applicable local planning policy adopted by the local government..

The application has been assessed against the City of Nedlands Local Planning policy – Parking. An assessment of this policy is provided later in this report.

Clause 32.1(2) – Cash-in-lieu

The requirement to provide on-site car parking spaces is subject to: a) the local government agreeing to or

requiring a cash-in-lieu payment pursuant to sub-clause 3;

b) the local government accepting a shared car parking arrangement pursuant to clause 32.2; and

c) any requirement to provide car parking spaces in a structure plan, local development plan or activity centre plan which applies to the development, in which case the requirement in the structure plan, local development plan or activity centre plan prevails to the extent of any inconsistency.

The City does not have a Parking Strategy to guide cash-in-lieu payments. Until such time as a strategy has been adopted the City will not enforce this provision.

Clause 32.1(4)

The amount of the cash-in-lieu payment shall be determined by the local government by reference to the cost to the local government of providing and constructing the shortfall in car parking spaces that would otherwise have been constructed on the development site in accordance with sub-clause 1 or 2(c) and may include, without limitation: a) the value of land required for the car

parking spaces, including any manoeuvring areas, as estimated by a licenced valuer appointed by the local government;


b) the cost of constructing the car parking spaces including manoeuvring areas;

c) any costs ancillary to providing and constructing the car parking spaces, such as the installation of signs and lighting; and

d) any other cost incurred by the local government in determining the cash-in-lieu payment.

Clause 32.1(5)

Payments made to the local government pursuant to this clause 32.1 must be held in trust and used by the local government only for: a) the provision and maintenance of

public parking infrastructure; and b) any ancillary expenses incurred for

the purposes of this clause, including loan repayments.


Clause 32.1(6)

In this clause, public parking infrastructure includes but is not limited to land and facilities for public parking, whether on-street or in a designated car parking station, and includes facilities, technologies and infrastructure ancillary to this land use.


32.5(1) – Service Commercial Zone

Height: a) 10m maximum building height

None proposed. The building is already existing.

32.5(2) – Service Commercial Zone

Setbacks a) 2m minimum primary street setback; b) 2m minimum secondary street setback;

and c) Nil setbacks permitted to all side and

rear boundaries

As above

Submissions Table:

The following table is a summary of the concerns/comments raised and the City’s response and action taken in relation to each issue:

Submission Officer Response Action Taken

To separate the development of 2 and 2a Loch street, the owner of Lot 45 agreed to a 3m wide easement/right of carriageway, not a Loading Bay which is shown on the site plan

Noted. There is a 3.0m right of carriageway on the title diagram (Diagram 12829) which provides access benefits to Lot 46 (subject lot). See image below.

No further action required.

There is no loading bay. It is a roller door which is the entry used for customers and staff

A delivery dock is located behind the roller door entry. In addition, a dedicated parking bay and common parking bay also exists on site which can be utilised by the subject lot. See image below which is a merged image of the Strata Plan for Strata Diagrams 22622 and 25227.

No further action required

The site context background information indicates that the subject site has been used for a seafood wholesale

Noted. As discussed in Section 3.3 – Property History and Previous Application of this report, on 30 July 1991 Council approved 8 light industrial units on Lot 45 and Lot 46 Loch Street at an Ordinary Council Meeting. Following this approval, on 24 August 2004 retrospective planning approval was granted for a fish processing plant with wholesale and retail sales of seafood at the subject property.

No action required

PD01.20 - Attachment 1

business since 1986. The units were not constructed till 1991 and the seafood business did not begin operating until 2004. Deliveries arrive in large Federally registered interstate refrigerated trucks, not Hiluxes and small delivery vans as indicated in the proposal.

The applicant has advised that delivery vehicles usually include 4wd utility vehicles. It is also noted that the subject site is zoned as ‘Service Commercial’ under LPS3. As such, commercial vehicles are expected to be generated from the subject site and also from other commercial and industrial land uses with are located along Government Road, Loch Street and Carrington Street in the City of Nedlands.


The retail sales are not ‘incidental’ but a growing area of the business with other varieties of products sold at the counter.

The applicant has advised that the primary client base for the business includes wholesale purchases made by restaurants, cafes and bars in the Perth Metropolitan Region. The retail sale contributes to a small portion of the business in terms of numbers of people visiting the business and profit of the business. The ratio of wholesale to retail in the business is shown on the floor plan configuration below:

- Wholesale: 69.32m2 = 77.7% - Retail: 6.59m2 = 7.39% - Mix of retail and wholesale area: 13.26m2 = 14.8%

It is also noted that this application is applying for a retrospective approval for wholesale and retail sales at the subject property


Parking is insufficient, especially with the increase in trading hours resulting in

The application is assessed against the City of Nedlands Local Planning Policy – Parking. As per the parking requirements, an ‘Industry- Light’ land use requires 2.2 per 100m2 of net lettable area or 1 per employee (whichever is greater).

Further assessment provided in Section 6.4.1 of this report.

increased traffic movements from cars which could result in pedestrian injuries

The total net lettable area of the proposal is 77.9m2 which would require a total of 1.77 car parking bays. The applicant has advised that there is a maximum of 3 staff on site which would require a total of 3 car parking bays. As illustrated on the site plan, the subject site is provided with 1x dedicated bay which is marked on the Strata Plan and 1x bay which is within the common property area. Further assessment is provided in Section 6.4.1 - Parking of this report.

Hours of operation are incorrect

Operating hours proposed through this application are: o Monday to Friday: 10.00am to 5.30pm o Saturday: 9.00am to 12.00pm o Sundays and Public Holidays: Closed.

It is noted that the hours of operation which have been applied for through this application may be different to the hours under which the business is currently operating / was operating under in the past. The hours of operation will be addressed in the recommended conditions in the determination of this application.

To be addressed in the conditions of the determination.

Customers of the business park in the bays of the adjoining business tenancies.

This is a strata management consideration and is not relevant to the subject application.


A sign shows a business logo, which could be resulting in the increase of traffic to the business

Any signage which does not comply with the City of Nedlands- Local Planning Policy – Signage requires a planning application to be determined and approved by the City of Nedlands

To be addressed in the conditions and advice notes of the determination.

Staff numbers increase in the afternoon and queues extend out of the roller door area

The application proposes a maximum number of staff of 3. The number of staff will be addressed to be a maximum of 3 staff on site in the recommended conditions in the determination of this application.

To be addressed in the conditions of the determination

A private waste contractor for cleaning the bins has never been seen

The Waste Management Plan provided with this application indicates that waste collection will occur via a private contractor (SUEZ Group) and will be collected daily through on site collection. The waste collection will also be addressed in the recommended conditions of the determination of this application.


Increased hours of operation will result in increased smells of fish

The Waste Management Plan provided with this application indicates that the bins will be stored in a dedicated chiller room (shown on the Floor Plan) to ensure any risk of contamination is eliminated. Storage in the chiller room will also ensure the appropriate management of any smells and/or issued with vermin. The waste is wheeled out for emptying upon arrival of the waste contractor. After the waste is emptied, the bins are cleaned out by the waste contractor.


The Environmental Health Department and the Waste Management Department of the City of Nedlands are satisfied with the contents of the Waste Management Plan provided by the applicant.

There is no grease trap and no wash down area for bins

The application was referred to the City of Nedlands Environmental Health Department through the internal referral process. The Environmental Health Department has advised that the applicant is required to contact the Water Corporation to determine requirements for a Trade Waste Permit and grease trap installation for the disposal of liquid refuse. The discharge of liquid refuse, including the biproduct of bin and floor wash down activities, into the stormwater drain at the premises is not permitted. The updated Waste Management Plan received on 14/11/2019 states that the only liquid waste that will be present at the subject site is from the processing of seafood and the cleaning of the general waste bin that stores the seafood waste. A new on-site water waste strainer has been installed to manage liquid waste at the instruction of the Water Corporation.


Bins used to be overfilled and crows would pull out fish remains from the bins which needs to be monitored over the summer months

Bins are proposed to be collected on site (not on street collection) and the bins are proposed to be collected daily by a private contractor as indicated on the Waste Management Plan.


The retrospective application is being used as an opportunity to increase business operations

The hours of operation of the business will be addressed through the recommended conditions of the determination of this application.

To be addressed in the conditions of the determination

No objection to the proposed development subject to no fish waste being stored in bins left near the curb as crows pull out remains from the bins and waste collection occurring between 7am-7pm

Noted. Bins are proposed to be collected on site (not on street collection) and the bins are proposed to be collected daily by a private contractor. The timing of the bin collection between 7am-7pm will also be included as a recommended condition in the determination of this application.


Other tenancies on 2a Loch Street, particularly

This application cannot require other tenancies to update/change their waste management and waste collection procedures. This can only be done through the determination of an application for the other tenancies of 2a Loch Street, Nedlands.

No action required.

Unit 4 should have waste collection from 7am-7pm Support of development: the opportunity to increase trading hours is highly valued by the residents in the area.

Noted. No action required

The business has excellent character and is endeavouring to re-establish the operation from the previous owners.


The business does not generate untenable levels of traffic or demand for parking and is well located from the highly trafficked Carrington St.


Request to Council to permit Perth Seafoods to continue operations as present



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PD02.20 No. 2A Korel Gardens, Swanbourne – Single House Committee 11 February 2020 Council 25 February 2020 Applicant Distinctive Homes WA Landowner ZKN Pty Ltd Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type Quasi-Judicial

When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA19-41136 Previous Item Nil Delegation In accordance with the City’s Instrument of Delegation, Council

is required to determine the application due to objections being received.

Attachments

1. Applicant Justification Letter 2. Applicant Justification (Approved Plans Overlay) 3. Plans (CONFIDENTIAL) 4. Assessment Sheet (CONFIDENTIAL) 5. Submissions (CONFIDENTIAL)

1.0 Executive Summary The purpose of this report is for Council to determine a development application received from the applicant on 23 October 2019 for a proposed single house at 2A Korel Gardens, Swanbourne (Lot 601). The application was advertised to adjoining neighbours in accordance with the City’s Local Planning Policy - Consultation of Planning Proposals. Five (5) objections were received during the consultation period. 2.0 Recommendation to Committee It is recommended that the application be approved by Council as it is considered to satisfy the design principles of the Residential Design Codes (R-Codes) and provides a responsive urban design outcome. The development proposal takes into account the relevant site constraints and is unlikely to have a significant adverse impact on the local amenity and character. Council approves the development application dated 23 October 2019 for a two-storey single house at 2A Korel Gardens, Swanbourne (Lot 601), subject to the following conditions and advice notes:


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Conditions: 1. The development shall at all times comply with the application and the

approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. This development approval only pertains to a two-storey single house as

indicated on the plans attached. 3. Revised drawings shall be submitted with the Building Permit application,

incorporating the following modifications as shown in red on the approved plans, to the satisfaction of the City:

a) A minimum 0.5m driveway setback is to be provided to all lot

boundaries;

b) Appropriate screening provided to the northern window of ‘Bed 2’ to prevent overlooking in accordance with condition 4 below; and

c) The proposed letterbox is not to exceed 0.75m in height above

finished ground level, for the purposes of protecting vehicle access sight lines.

4. Prior to occupation of the development the window to ‘Bed 2’ located on

the North elevation shall be screened in accordance with the Residential Design Codes by either: a) fixed obscured or translucent glass to a height of 1.60 metres above

finished floor level;

b) Timber screens, external blinds, window hoods and shutters to a height of 1.6 metres above finished floor level that are at least 75% obscure;

c) a minimum sill height of 1.60 metres as determined from the internal

floor level, or

d) an alternative method of screening approved by the City of Nedlands.

The required screening shall be thereafter maintained to the satisfaction of the City of Nedlands.

5. Prior to occupation of the development the finish of the parapet walls is

to be finished externally to the same standard as the rest of the development or in: a) Face brick;

b) Painted render;

c) Painted brickwork; or

d) Other clean material as specified on the approved plans and

maintained thereafter to the satisfaction of the City of Nedlands.


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6. This approval is limited to a two-storey single house only and does not

relate to any site works, decking or retaining walls 500mm or greater above the approved ground levels.

7. All stormwater from the development, which includes permeable and non-

permeable areas shall be contained onsite (refer advice note 14) Advice Notes: 1. This is a Planning Approval only and does not remove the responsibility

of the applicant/owner to comply with all relevant building, health and engineering requirements of the City, or the requirements of any other external agency.

2. This planning decision is confined to the authority of the Planning and

Development Act 2005, the City of Nedlands Local Planning Scheme No. 3 and all subsidiary legislation. This decision does not remove the obligation of the applicant and/or property owner to ensure that all other required local government approvals are first obtained, all other applicable state and federal legislation is complied with, and any restrictions, easements, or encumbrances are adhered to.

3. This planning approval has been issued on the basis of the plans hereby

approved. It is the responsibility of the applicant to ensure that the approved plans are accurate and are a true representation of all existing and proposed development on the site, and to ensure that development proceeds in accordance with these plans.

4. There may be matters which impact on proceeding with the approved

development which are not shown on the approved plans (e.g. verge infrastructure, retaining walls). Such matters may need to be separately addressed before the approved development can proceed. It is the responsibility of the applicant to ensure that these matters are addressed prior to the commencement of the development hereby approved.

5. A separate development application is required to be submitted to and

approved by the City prior to erecting any fencing within the street setback area(s) which is not compliant with the deemed-to-comply provisions of the Residential Design Codes, and/or erecting any fencing behind the primary street setback area which is more than 1.8m in height above approved ground levels.

6. It is recommended that the applicant liaise with the north-western

boundary adjoining property owner regarding the possible retention or replacement of the existing dividing fence along the common lot boundary. Please refer to the Dividing Fences Act 1961 for the rights and responsibilities of landowners regarding dividing fences. Information is available at the following website: http://www.commerce.wa.gov.au/building-commission/dividing-fences-0


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7. The swimming pool barrier is to comply with Australian Standard 1926.1. A building permit application for the swimming pool barrier must be submitted and the building permit issued prior to filling the swimming pool with water.

8. All internal water closets and ensuites without fixed or permanent window

access to outside air or which open onto a hall, passage, lobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second.

9. All swimming pool wastewater shall be disposed of into an adequately

sized, dedicated soak-well located on the same lot. Soak-wells shall not be situated closer than 1.8m to any boundary of a lot, building, septic tank or other soak-well.

10. All swimming pools, whether retained, partially constructed or finished,

shall be kept dry during the construction period. Alternatively, the water shall be maintained to a quality which prevents mosquitoes from breeding.

11. The contractor/developer shall protect the City’s street trees from any

damage that may be caused by the scope of works covered by this contract for the duration of the contract. All work carried out under this contract is to comply with the City’s policies, guidelines and Australian Standards relating to the protection of trees on or adjacent to development sites (AS 4870-2009).

12. Where building works are proposed to the building/tenancy a building

permit shall be applied for prior to works commencing. 13. All car parking dimensions, manoeuvring areas, crossovers and

driveways shall comply with Australian Standard AS2890.1 (as amended) to the satisfaction of the City of Nedlands.

14. In relation to condition 7, the applicant is advised that all downpipes from

guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development.

3.0 Background 3.1 Land Details

Metropolitan Region Scheme Zone Urban Local Planning Scheme Zone Residential R-Code R12.5 Land area 509m2 Additional Use No


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Special Use No Local Development Plan No Structure Plan No Land Use Residential Use Class Permitted Use

Lots 600 (2 Korel Gardens, Swanbourne) and 601 (2A Korel Gardens, Swanbourne) resulted from a subdivision application dated 29 April 2015. The City of Nedlands Administration recommended refusal for the subdivision application, due to the undersized nature of the proposed lots and resulting inability for development to meet the requirements of the City’s Local Planning Scheme and Residential Design Codes. However, the Western Australian Planning Commission (WAPC) resolved on 4 December 2015 to grant approval to the subdivision, subject to conditions as the approval authority. An R12.5 residential density code requires an average lot area of 800m2 with a minimum permitted lot area of 700m2. The resulting subdivision created two (2) lots, with respective lot areas of 413m2 and 509m2. Both lots are considered to be significantly undersized when considering their R12.5 density code, with lot areas better represented by a R20 density code. The previous property owners applied for and received development approval for a two storey, single house in 2018. Since this time, the lot has been sold. The new property owners have elected to design and build a new house for the rear lot. The previous development application was determined by Council, due to neighbour objection. Originally, Council resolved to refuse the development proposal due to concerns regarding the bulk and scale of the proposed dwelling. Following Council’s determination, the applicants amended their plans. The amended plans were approved under delegation by the City’s Administration following extensive neighbour consultation. Considering the site constraints resulting from the undersized nature of the new lots, it is not appropriate to apply the requirements of a R12.5 density code to the subject property. Lot 600 (2 Korel Gardens), the sister lot of this application, has received development approval and is nearing completion of construction. 3.2 Locality Plan The subject property is classified as a rear battle-axe lot, obtaining access from Korel Gardens, Swanbourne (a cul-de-sac). To the north of the subject site, lies the WA Bridge Club and the Swanbourne Nedlands Surf Life Saving Club. To the West of the subject site lies Swanbourne Beach.


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4.0 Application Details The applicant seeks development approval to construct a two-storey single house, including a driveway and pool. By way of justification in support of the development application the applicant has provided a design principles assessment provided as an attachment to this report (Attachment 1). This report addresses the submissions received during the consultation period and the design elements which the applicant is seeking assessment under the Design Principles of the R-Codes. Additionally, the applicant has provided a diagram (Attachment 2) to illustrate the existing, approved building envelope compared to the newly proposed plans.


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5.0 Consultation The applicant is seeking assessment under the Design Principles of the R-Codes for the following: • Lot boundary setbacks • Visual Privacy

The development application was advertised in accordance with the City’s Local Planning Policy - Consultation of Planning Proposals to nine (9) residents and landowners. Four (4) objections, and five (5) non-submissions which provided no comment were received as per below pie graph:

The following table is a summary of the concerns/comments raised and the City’s response and action taken in relation to each issue:

Submission No. of times issue raised

Officer Response Action Taken

The proposed building is too tall and overshadows neighbouring lots.

2 The proposed building wall and roof heights are compliant with City of Nedlands Local Planning Scheme No. 3. The proposed overshadowing of neighbouring southern lots is compliant with State Planning Policy 7.3, Residential Design Codes.

Development proposal complies with relevant design codes and requirements. No action required.

The development will result in overlooking of neighbouring properties.

4 • Overlooking of the south-western lot is to be addressed through condition 3, requiring screening to ensure a 4.5m cone of vision is protected.

• Overlooking of the north-eastern lot is considered an acceptable outcome due to the minor nature of the

Conditions 3 and 5 are recommended to ensure compliance with visual privacy requirements,

Consultation Feedback

Objection No response


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overlooking. No submission was received objecting to the north-eastern visual privacy intrusion.

preventing overlooking of the south-western lot.

Setbacks should comply with the R-Code requirements.

4 An R12.5 density code requires a 6.0m rear setback to be provided for all properties. Due to the significant site constraint (the lot being 291m2 below the average lot area requirement for properties zoned R12.5) it is unreasonable to require a 6.0m rear lot boundary setback as this would significantly reduce the development potential of the development site. Having regard to the City of Nedlands Residential Development Policy clause 4.1.2, due to the undersized nature of the lot a concession can be made in relation to lot boundary setback requirements, considering the mass and scale of the proposed development. Applying an R12.5 development control to a lot which does not meet the minimum lot area requirements for an R12.5 density code would be unreasonable as this would jeopardise the development potential for the site for an appropriately sized single house. Considering the site constraints, the proposed development is considered to respond to the site, in configuration, bulk and scale, and is considered an acceptable development outcome.

Approval for the development application is recommended.

Note: A full copy of all relevant consultation feedback received by the City has been given to the Councillors prior to the Council meeting. 6.0 Assessment of Statutory Provisions 6.1 Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 9, clause 67 (Matters to be considered by local government) stipulates those matters that are required to be given due regard to the extent relevant to the application. Where relevant, these matters are discussed in the following sections. In accordance with provisions (m) and (n) of the Regulations clause 67, due regard is to be given to the likely effect of the proposed development’s height, scale, bulk and appearance, and the potential impact it will have on the local amenity. 6.2 Residential Design Codes – Volume 1 (State Planning Policy 7.3) The applicant is seeking assessment under the Design Principles of the R-Codes for lot boundary setbacks and visual privacy as addressed in the below table/s:


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Lot Boundary Setbacks

Design Principles 5.1.3 Lot boundary setback P3.1 Buildings set back from lot boundaries or adjacent buildings on the same lot so as to: • reduce impacts of building bulk on adjoining properties; • provide adequate direct sun and ventilation to the building and open spaces • on the site and adjoining properties; and • minimise the extent of overlooking and resultant loss of privacy on adjoining

properties. P3.2 Buildings built up to boundaries (other than the street boundary) where this: • makes more effective use of space for enhanced privacy for the occupant/s or • outdoor living areas; • does not compromise the design principle contained in clause 5.1.3 P3.1; • does not have any adverse impact on the amenity of the • adjoining property; • ensures direct sun to major openings to habitable rooms and outdoor • living areas for adjoining properties is not restricted; and • positively contributes to the prevailing or future development context and • streetscape as outlined in the local planning framework.

Deemed-to-Comply Requirement An R12.5 residential density code requires a 6.0m rear lot boundary setback to be provided for all residential developments. All other setback requirements are assessed based on a sliding scale, depending upon wall length, height and the presence of major openings.

Proposed 1. South East Ground Floor – Entire Length – 1.01m lot boundary setback proposed in

lieu of 6.0m required. 2. South West Ground Floor – Entire Length – 1.1m lot boundary setback proposed in

lieu of 1.5m required. 3. South East First Floor – Entire Length – 1.3m lot boundary setback proposed in lieu

of 6.0m required. 4. North West First Floor – Bed 5 to Bed 2 (Articulation) – 1.13m lot boundary setback

proposed in lieu of 2.1m required. 5. North West Ground Floor – Pool Plant to Garage – Nil lot boundary setback proposed

in lieu of 1.0m required. Administration Assessment

Having regard to the design principles of State Planning Policy 7.3, Residential Design Codes, the proposed development is considered to appropriately respond to the development site and associated site constraints, namely the significantly undersized R12.5 lot. • Considering the lot area and approved subdivision, it is unreasonable to require a

6.0m rear setback at the rear of the property as this would significantly jeopardise the development potential of the lot. (points 1 and 3 above).

• Setback measurements are taken from the worst-case scenario across a wall’s length. Considering the irregular lot configuration and the applicant’s use of wall articulation throughout the design, the average setback of walls are considered to respect the neighbouring properties’ access to sunlight and respond to the relevant site constraints. The tapering lot boundaries and use of articulation throughout the dwelling’s design result in larger setbacks (up to 3.2m) across the wall’s length. As a result, it is inappropriate to apply the deemed to comply setback requirements to the worst-case scenario measurements of this application (points 2 and 4 above).

• The proposed boundary wall addresses the front lot (2 Korel Gardens), the sister lot of the original subdivision approval. The proposed location of the boundary wall is


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considered to respect the existing character of the surrounding locality, confining the associated building bulk of building on boundary to the subdivided lots. The proposed boundary wall is confined to the ground floor only and addresses the rear of the existing dwelling, further reducing the perceived impact of the development (point 5 above).

Having due regard to the above and having recognised the site constraints resulting from the original subdivision approval, the proposed setbacks are considered to respect the surrounding development context and local area, whilst responding to the irregular lot layout and undersized lot area.

Visual Privacy

Design Principles 5.4.1 Visual privacy P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of

adjacent dwellings achieved through: • building layout and location; • design of major openings; • landscape screening of outdoor active habitable spaces; and/or • location of screening devices.

P1.2 Maximum visual privacy to side and rear boundaries through measures such as: • offsetting the location of ground and first floor windows so that viewing is oblique

rather than direct; • building to the boundary where appropriate; • setting back the first floor from the side boundary; • providing higher or opaque and fixed windows; and/or • screen devices (including landscaping, fencing, obscure glazing, timber

screens, external blinds, window hoods and shutters). Deemed-to-Comply Requirement

The deemed to comply visual privacy setback for bedrooms with a finished floor level elevated 0.5m or more above natural ground level is 4.5m.

Proposed 1. North - First Floor – Bed 5 – The proposed plans indicate a major opening facing north

from bed 5. The proposed plans indicate a proposed visual privacy setback of 4.2m, with no screening proposed in lieu of a 4.5m visual privacy setback required.

2. South – First Floor – Bed 2 – The proposed plans indicate a major opening facing

south from bed 2. The proposed plans indicate a proposed visual privacy setback of 3.28m, with no screening proposed in lieu of a 4.5m visual privacy setback required.

Administration Assessment The proposed visual privacy setback of 4.2m from the first floor, ‘Bed 5’ is a minor variation and an acceptable development outcome. The affected adjoining property was consulted during the advertising process. No submission was received during this consultation period. Considering the minor nature of the proposed variation, neighbour non-objection and having regard to the access of natural light and ventilation for ‘Bed 5’, the visual privacy intrusion is considered an acceptable development outcome. The proposed visual privacy setback from ‘Bed 2’, located on the first floor addressing the neighbouring southern lot is recommended to be resolved through conditions 3 and 4 of the Administration’s above recommendation. These conditions would require appropriate screening to be provided. Implementation of these conditions would ensure visual privacy setback compliance.


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6.4.3 Local Planning Policy – Residential Development Policy

Policy Objective 3.1 To enhance the amenity and aesthetics of areas within the City. 3.2 To provide for residential development that is consistent with established or desired

streetscapes. 3.3 To reduce the dominance (scale, mass and bulk) of buildings as viewed from the

street. 3.4 To provide for building heights which are consistent with the character of the area

and the topography of the site. 3.5 To prevent inappropriate buildings within rear setback areas in order to protect the

amenity of surrounding properties and maintain the spacious green character of the City.

Policy Requirement 4.1.2 The following Local Housing Objective provides guidance for decision-making in

considering a development application which does not meet the Design Principles of 5.1.2 Street Setback: (a) Where a lot has a significant site constraint (including but not limited to an

irregular configuration, topography changes or being considerably undersized for the assigned density code), which prevents the setback of a dwelling being consistent with an established streetscape, a reduced setback may be considered appropriate where the mass and form of the building is designed with an appropriate bulk and scale which minimises impact to the streetscape.

Administration Assessment The City’s Residential Development Policy provides guidance for the City to consider variations to the deemed to comply requirements of the Local Planning Scheme, State Planning Policy and other relevant Local Planning Policies and legislation for irregular shaped lots and lots presenting significant site constraints. Considering the significant site constraints and undersized nature of the lot, it is appropriate to apply discretion to the deemed to comply residential development requirements and vary these requirements in this circumstance.

7.0 Conclusion

The proposed residential development is considered to appropriately respond to the site constraints of the lot, the design principles of the Residential Design Codes and the objectives of the City’s Residential Development Policy. Having due regard to the subdivision previously approved by the WAPC and the associated site constraints (291m2 average lot area shortfall and irregular lot layout) the proposed residential development is considered to appropriately respond to the site constraints and interface with the surrounding development appropriately. Development on this property with a 6m rear setback is near impossible and therefore to ensure compliant manoeuvring and enough space for outdoor living, a lesser rear setback is required. Considering the above, approval for the development proposal is recommended subject to the conditions and advice notes recommended above.

PD02.20 - Attachment 1Applicant's Justification

PD02.20 - Attachment 2(Approved Plans Overlay)


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PD03.20 Local Planning Scheme 3 – Local Planning Policy Laneway Requirements

Committee 11 February 2020 Council 25 February 2020 Applicant City of Nedlands Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Reference Nil Previous Item Nil Attachments 1. Draft Laneway Requirements Local Planning Policy (LPP)

1.0 Executive Summary The purpose of this report is for Council to prepare (adopt for advertising) the Laneway Requirements Local Planning Policy required under Local Planning Scheme 3 (LPS 3). This policy details the requirements relating to the ceding and construction of both existing and future Laneways within the City of Nedlands. This policy was presented to Council at two Council Briefings in September and December 2019 where Council discussed the widening of existing laneways within the City and the possible funding mechanisms. 2.0 Recommendation to Committee Council: 1. prepares, and advertises for a period of 21 days, in accordance with the

Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, the Laneway Requirements Local Planning Policy; and

2. instructs the Chief Executive Officer to create the mechanism for a

Specified Area Rate to be applied to properties which have been up coded under Local Planning Scheme No. 3 and are abutting a Laneway; subject to further costings and a rate review being put forward to Council for its approval.

3.0 Background The City currently has many Laneways within the Mt Claremont, Hollywood East and Dalkeith area whereby increases in density coding have occurred as a result of the adoption of Local Planning Scheme No. 3 (LPS 3).The majority of the affected properties have the ability to redevelop to accommodate more dwellings than was previously permitted with TPS2. The Residential Design Codes under Clause 5.3.5


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Vehicular access stipulates that where available a right-of-way should be used as the primary vehicular access for a property. Many of the laneways are both undersized and barely trafficable. The majority require sealing, draining and widening to allow for access from the laneway in accordance with the Residential Design Codes. The City’s LPS 3 Clause 32.3 states: (1) The owner of land affected by a right-of-way or laneway identified by the

scheme, structure plan, local development plan, activity centre plan or local planning policy is to, at the time of developing or subdividing the land: (a) Cede to the local government free of cost that part of the land affected by

the right-of-way or laneway; and (b) Construct the relevant section of the right-of-way or laneway to the

satisfaction of the local government. (2) The intention expressed in subclause (1) may be reinforced by a condition of

subdivision or development approval. This clause allows for the City to gain land for both the widening of existing laneways and for future laneways that the City may identify as beneficial within density transition areas. This policy aims to establish the process by which the City will undertake when requesting land to be ceded for both existing and future (new) laneways within the City. At the Council Briefings in both September and December 2019, Councillors were briefed on the possible funding mechanisms available to deal with laneways that will experience greater development pressure under LPS 3 and which will require sealing and draining. Administration recommended that the sealing, draining and lighting of the current laneway width is best funded through a Specified Area Rate (SAR) by which landowners with lots directly abutting the laneways would pay as they directly benefit. It is purported that landowners abutting a laneway would benefit from it being sealed and drained regardless of if they choose to redevelop or not due to current issues including flooding and vehicle accessibility issues being present. The requirement relating to the ceding of land and the construction of the portion of land which has been ceded will only be triggered through a subdivision application or significant redevelopment of the site as specified in the policy and as such it will be at the cost of the landowner who chooses to redevelop. 4.0 Detail The Laneway Requirements Policy and Specification establishes a clear process for the construction of laneways and the related statutory triggers for requiring the ceding and construction of the laneway. The policy aims to make the process transparent and easy to follow for both residents and the City’s Administration. Council will need to decide as to the mechanism in which to fund the sealing and draining of existing Laneways. The preferred method as recommended by Administration is to apply a specified area rating method across the properties which abut a laneway and the payment for the sealing, draining and lighting to the highest specification, will be funded by landowners who will see direct benefit from those upgrades. Administration provided Council with a briefing in December 2019 in relation to the cost of the laneway works. A breakdown of these costs is shown in the table below.


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$/m2 Cost for 100m section (100m x 6m)

Cost by block (20m x 3m)

261 $156,600 $15,660 This table illustrates that a specified area rate would be roughly $15,660 per property abutting a laneway which may be able to be spread over the course of multiple years for cost recovery purposes. This calculation is an estimated guide which would require further refinement prior to applying the specified area rate, however is set as an approximate guide. This payment could be split over a period of 5 to 20 years depending on how the Council wishes to split the payment. 5.0 Consultation If Council resolves to prepare the draft LPP, it will be advertised for 21 days in accordance with Schedule 2, Part 2, Division 2, Clause 4 of the Planning and Development (Local Planning Scheme) Regulations 2015 (P&D Regs.2015) and the City’s Consultation LPP. This will include a notice being published in the newspaper, details being included on the City’s website and the Your Voice engagement portal. Following the advertising period, the policy will be presented back to Council for it to consider any submissions received and to:

a) Proceed with the policy without modification; b) Proceed with the policy with modification; or c) Not to proceed with the policy.

6.0 Statutory Provisions Planning and Development (Local Planning Schemes) Regulations 2015 Under Schedule 2, Part 2, Clause 3(1) of the Planning Regulations the City may prepare a local planning policy in respect to any matter related to the planning and development of the Scheme area. Once Council resolves to prepare a local planning policy is must publish a notice of the proposed policy in a newspaper circulating in the area for a period not less than 21 days. 7.0 Conclusion The Laneway Requirements Local Planning Policy are required by the City to manage the ceding and construction of both existing and future desired laneways within the City’s density transition and up coded areas. This policy will establish a clear process for how and when laneways are created or widened throughout the City. It is recommended that Council endorses administration’s recommendation to prepare (adopt to advertise) the Laneway Requirements LPP and supports the creation of a Specified Area Rate to accumulate funding to construct the existing laneways to a trafficable standard with adequate draining, sealing and lighting.

| Local Planning Policy

LOCAL PLANNING POLICY – LANEWAY REQUIREMENTS

1.0 PURPOSE

1.1 This policy details the requirements relating to the ceding and construction of both existing and future Laneways within the City of Nedlands.

2.0 APPLICATION OF POLICY

2.1 This policy applies to all land within the City where a Laneway exists or has been designated for the future.

2.2 This Policy applies to any subdivision application or development application that proposes to increase the number of lots or dwellings on a property adjacent to an existing or designated future laneway.

2.3 This Policy does not apply to applications for subdivision applications for boundary alignment or development applications where there is no increase in the number of lots or dwellings.

2.4 Where this Policy is inconsistent with the provisions of a specific Local Planning Policy or Local Development Plan, or Precinct Plan that applies to a particular site or area; the provisions of that specific Local Planning Policy, Precinct Plan or Local Development Plan prevail.

3.0 OBJECTIVES

3.1 To facilitate improved usage of laneways and rights of way as the primary access point for vehicles.

3.2 To maintain existing streetscapes, and provide for greater street tree retention, by minimising the need for, and impact of, additional garages/carports and paved areas within the street setback area.

3.3 To stipulate the cost of laneway construction, a procedure for the collection of funds and to outline when funds will be spent to complete the works.

3.4 To outline when widening and construction of laneways are required. DRAFT


4.0 POLICY MEASURES

Existing Laneways

4.1 Subdivision

4.1.1 Where an application for subdivision (including strata title or survey strata) abuts a laneway less than 6m wide, the City will recommend to the WAPC that a condition be placed on the approval that the land required to widen the laneway to 6m (assuming equal widening on both sides of the laneway) be given up free of cost to the City.

4.1.2 The land required to widen the laneway which is ceded to the City will need to be constructed by the landowner at his or her cost to the satisfaction of the City.

4.2 Development Applications

4.2.1 Development applications will require the following conditions (as amended) to be applied to the development approval:

(a) A [INSERT VALUE] wide laneway is to be provided, constructed and drained at the landowner/applicant cost along the [INSERT VALUE] boundary of the subject land. The laneway is to be accurately illustrated and denoted on the and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown prior to the occupation of the development.

(b) The portion of the laneway abutting the [INSERT VALUE] boundary of the subject land and any portion/s of the laneway required to be widened for the purpose of this development being sealed, drained and paved to its full width and the remaining portion of the laneway from the [INSERT VALUE] boundary to the existing nearest constructed road being made trafficable.

4.2.2 The following advice notes are to be provided in relation to the conditions of development approval:

(a) In regard to Condition [INSERT VALUE], the landowner/applicant is advised that to provide a minimum 1 metre clear of any encroachments or projections, any such encroachments or projections will need to be either removed, relocated or appropriately protected with easements, as required. DRAFT


4.3 Construction Standards

4.3.1 All existing laneways will be designed and constructed by the City, excluding portions which have been ceded after the adoption of this policy. The ceded portion will be constructed by the Landowner.

4.3.2 Laneways / right-of-way to be widened to 6.0m in width, fully sealed, drained, kerbed and provided with lighting in accordance with AS1158.

4.3.3 Any required widening of the laneway / right-of-way is to be shared either side of the laneway / right-of-way to achieve a total overall 6m in width (i.e. if the laneway is 5.0m, the widening requirement is 0.5m either side).

4.3.4 Construction of the laneway and ceded portions will be in accordance with the City’s Laneway Specifications.

4.3.5 Prioritisation of laneways will be based on redevelopment of lots abutting the laneways and demand for the laneway to be upgraded. This will be determined by the City.

Future Laneways

4.4 Subdivision

4.4.1 Where an application for subdivision (including strata title or survey strata) abuts a future laneway designated within a mechanism allowed under Clause 32.3 of the City’s Local Planning Scheme No. 3, the City will recommend to the WAPC that a condition be placed on the approval that the land required to for the laneway shown through the designation be given up free of cost to the City.

4.4.2 The land required to create the laneway which is ceded to the City will need to be constructed by the landowner at their cost to the satisfaction of the City and in line with the City’s specifications.

4.5 Development Application

4.5.1 Development applications will require the following conditions (as amended) to be applied to the development approval:

(a) A [INSERT VALUE] wide laneway is to be provided, constructed and drained at the landowner/applicant cost along the [INSERT VALUE] boundary of the subject land in line with [INSERT MECHANISM NAME]. The laneway is to be accurately illustrated and denoted on the and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown prior to the occupation of the development. .

DRAFT


4.5.2 The following advice notes are to be provided in relation to the conditions of development approval:

(a) In regard to Condition [INSERT VALUE], the landowner/applicant is advised that to provide a minimum 1 metre clear of any encroachments or projections, any such encroachments or projections will need to be either removed, relocated or appropriately protected with easements, as required.

4.6 Construction Standards

4.6.1 All future laneways will be designed by the City at the cost of the landowner/applicant.

4.6.2 All future laneways will be constructed at the cost of the landowner/applicant in line with the City’s specifications.

4.6.3 Laneways width and length will be determined by their respective Local Planning Policy, Structure Plan, Local Development Plan, Activity Centre Plan or Precinct Plan.

4.6.4 Laneways are required to be fully sealed, drained, kerbed and provided with lighting in accordance with AS1158.

5.0 VARIATIONS TO THIS POLICY

5.1 Variations to this Policy shall be assessed against the objectives of this Policy.

5.2 Applicants seeking variations to this Policy are required to submit a detailed written statement addressing each of the objectives of this policy for the City’s assessment.

6.0 RELATED LEGISLATION

6.1 This policy has been prepared in accordance with Schedule 2 Part 2 Clause 4 of the Planning and Development (Local Planning Schemes) Regulations 2015.

6.2 This policy should be read in conjunction with the following additional planning instruments and its requirements apply unless specifically stipulated elsewhere in any of the below:

(a) City of Nedlands Local Planning Scheme No. 3

(b) State Planning Policy 7.3 – Residential Design Codes

(c) Any other relevant State or Local Planning Policies

Council Resolution Number PDX.XX Implementation Date Date and Item Number of Council Meeting Date Reviewed/Modified DD MM YYYY

DRAFT


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PD04.20 RFP 2019-20.01 Natural Area Maintenance and Services

Committee 11 February 2020 Council 25 February 2020 Applicant City of Nedlands Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Reference Nil Previous Item Nil Attachments 1. Final Panel Evaluation Score Sheet (Confidential)

1.0 Executive Summary To award the panel for natural area maintenance and services. As part of the Environmental Conservation program, the City undertakes maintenance of these areas which includes environmental weed management, fire fuel load reduction, erosion control and rehabilitation work. 2.0 Recommendation to Committee Council 1. Agrees to award panel no. 2019-20.01 to Green Skills Inc, the South East

Regional Centre for Urban Landcare and Natural Area Holdings PTY LTD for the provision of natural area maintenance and services, as per the schedule of rates submitted subject to any minor negotiations; and

2. Authorises the Chief Executive Officer to sign an acceptance of offer. 3.0 Discussion/Overview This request for panel specified the requirements of the City and invited suitably qualified and experienced respondents to submit bids to enter into a contract for the provision of natural area maintenance and services. The City undertakes an annual natural area maintenance program in the City’s natural areas and small greenway reserves. These works are undertaken in accordance with recommendations contained within the City’s natural area management plans and include the below listed activities:

• Environmental weed control; • Erosion control; • Fencing maintenance and installation; • Pathway maintenance; • Dryland revegetation; • Wetland revegetation;


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• Fire break maintenance and upgrade; • Fuel load reduction; • Mulching; • Pruning; • Feral animal control; • Rubbish collection; and • Seed and plant material collection for revegetation activities.

Expenditure on this contract will exceed $150,000 if extended over two or more years. Therefore, to comply with legislative requirements outlined in the Local Government Act 1995 and ensure the best value for money for the City, this service must be tendered. The Panel will be in force for a period of up to five years. The Contract with each panellist will be in force for the period of twelve months with an annual performance review and with the ability for up to four extension(s) of a further twelve months at the sole discretion of the Principal. If the successful contractor’s performance is not satisfactory, the City reserves the right to terminate the contract and appoint another panellist to provide the services. Panel No 2019-20.01 was advertised on 26 November 2019 in the West Australian Newspaper and on www.tenderlink.com/nedlands. The panel request period ended on 18 December 2019 and submissions were opened by officers of the City at 9.30am. on Thursday the 19 December 2019. Seven (7) submissions were received by the City. Compliant submissions were received from the following companies: 1. Green Skills Inc 2. LD Total 3. Natural Area Holdings PTY LTD 4. Skyline Landscape Services PTY LTD 5. South East Regional Centre for Urban Landcare 6. R and R Environmental 7. ULL PTY LTD

There were no non-compliant submissions received. Evaluation The request for panel was independently evaluated by three (3) City officers in accordance with the qualitative criteria specified in the request for panel documentation, qualitative criteria was afforded a total of 70% of the total score. The priced items were compiled into a spreadsheet for close analysis of value comparison. A price criteria score was allocated based on the best value being scored at 100% and other values scored proportionally against this price. A total of 30% weighting was allocated to the price criteria. A confidential evaluation and recommendation report was completed and approved by the evaluation panel, Manager Health and Compliance and the Director Planning and Development. References were sought from appropriate sources for quality assurance purposes which supported the findings of the evaluation panel.


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Note: A full copy of the evaluation, including pricing and scoring has been given to the Councilors prior to the Council meeting. Conclusion After assessment of the submitted responses it is proposed that the submissions received from Green Skills Inc., the South East Regional Centre for Urban Landcare and Natural Area Holdings PTY LTD be accepted for the Panel. All three companies provided evidence of relevant experience with other similar contracts and all have experience in providing natural area maintenance and services for the City. 4.0 Key Relevant Previous Council Decisions Nil Consultation N/A 5.0 Budget/Financial Implications The contract services required for RFP 2019-20.01 are provided for through the Parks Services and Environmental Conservation operational budgets and the City’s annual capital works budget.

Documents

Planning and Development Reports PD Reports... · of a fish processing plant, with wholesale and retail sales of seafood at ... No materials or equipment being stored externally on