Town of Bassendean: Minutes
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TOWN OF BASSENDEAN
MINUTES
SPECIAL COUNCIL MEETING
HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN
ON TUESDAY 22 DECEMBER 2009 AT 7.00PM
1.0 ATTENDANCES & APOLOGIES
Councillors
His Worship the Mayor, Cr John Gangell
Cr Sam Piantadosi (Deputy Mayor)
Cr Anne Brinkworth
Cr Lynda Butler
Cr Gerry Pule
Cr Don Yates
Cr Kara Collins
Cr Michael Lewis
Apologies
Cr Michelle Stubbs
Officers
Mr Bob Jarvis Chief Executive Officer
Mr Simon Stewert-Dawkins Director Operational Services
Mr Brian Reed Manager Development Services
Mr Michael Whitbread Senior Planning Officer
Ms Cathy Muraszko Minute Secretary
Public
Approximately 20 members of the public were in attendance.
Press
One member of the press was in attendance.
2.0 PUBLIC QUESTION TIME – PART ONE
Ms Gillian O’Shea, 11a Claughton Way, Bassendean
Ms O’Shea expressed concern at the size and type of the proposed development at Lot 103 Kenny Street, Bassendean, and advised that she had been advised by Foundation Housing that the development will comprise a 5/5/5 set-up which will involve some private dwellings, some non-State Housing and some State Housing, and sought assurance from Foundation Housing that this is how the development will be split. Ms O’Shea further expressed her disappointment in Council’s response to her concerns.
The Mayor referred to 5/5/5 composition and queried the Manager Development Services as to the meaning of this term. The MDS advised that he was not familiar with it.
Garry Butler, 20 Haig Street, Ashfield
Mr Butler expressed concern at a development being approved on the fringe of a suburb which already has 22% Homeswest representation and asked that the developer consider building something the Town can be proud of.
Geoff Addison, 69 Hardy Road, Ashfield
Mr Addison asked if Foundation Housing falls into the 1 in 9 policy within an area that exists with Homeswest.
The Manager Development Services advised that the 1 in 9 policy only relates to Homeswest housing and not Foundation Housing which is a private rental situation.
3.0 DEPUTATIONS
A deputation was made by Mr Michael Glendenning, General Manager of Estate Development Company, a privately owned property development company, who together with Foundation Housing are seeking Council approval for a building development at Lot 103, Kenny Street, Bassendean.
A further deputation was made by Ms Kathleen Gregory, CEO Foundation Housing who provided an overview and background of what Foundation Housing is about.
Ms Gregory further explained that she has had discussions with Mr Martin Whitely MLA with regard to the 5/5/5 composition (mentioned earlier in question time), who has given her an undertaking to seek agreement from the Department of Housing to a model which would see the housing split into 1/3 for Homeswest eligible tenants, 1/3 for market rentals and 1/3 for the higher income bracket of low income families. If unsuccessful, Ms Gregory gave an assurance that the composition would be 25% low income working families and the remaining 75% would be given to a range of people who have shown some success and a connection to the community, and as such could add value to the community and would include seniors and those with disabilities.
Whilst Foundation Housing are separate to the Department of Housing they do a lot of partnership programmes, but do not work with the 1 in 9 Department of Housing ratio.
Foundation Housing Representatives then answered questions from Councillors.
The Director Operational Services left the Chamber, the time being 7.53pm and returned at 7.57pm.
Cr Piantadosi left the Chamber, the time being 8.06pm and returned at 8.11pm.
Cr Brinkworth left the Chamber, the time being 8.13pm and returned at 8.15pm.
The CEO left the Chamber, the time being 8.20pm and returned at 8.25pm.
The Manager Development Services left the Chamber, the time being 8.31pm.
Cr Collins left the Chamber, the time being 8.31pm and returned at 8.33pm.
The Manager Development Services returned to the Chamber, the time being 8.35pm.
Cr Piantadosi left the Chamber, the time being 8.50pm.
4.0 DECLARATIONS OF INTEREST
Nil
5.0 REPORTS OF OFFICERS
5.1 Proposed 15 Unit Residential Development; Lot 103 (No.144-146) Kenny Street, Bassendean Applicant Foundation Housing; Owner: Estates Developments – (Ref: 2009-186 - Michael Whitbread, Senior Planning Officer)
APPLICATION
Council is requested to consider variations to the Residential Design Codes for the development of a 15 unit development at 144-146 Kenny Street, Bassendean. There have also been a number of written submissions from adjoining affected landowners on the proposal.
The variations sought are in relation to the introduction of fill to increase the overall ground level of the site in excess of 500mm. This filling is intended to ensure that the foundations of the dwellings are free from inundation and therefore remain structurally sound. In addition the introduction of fill to the site would ensure that all stormwater generated from run off from the buildings can be retained within the lot. Due to the soil type, and to a degree the topography of the site, drainage is problematic due to the presence of ‘perched groundwater’ on the site.
A detailed description of the proposed changes to level resulting from filling and retaining are given in the comments section of this report.
OFFICER RECOMMENDATION – ITEM 5.1
That Council grants planning consent for the development of 15 dwellings at Lot 103 (No 144) Kenny Street, Bassendean as submitted on the plans dated November 2009 the subject to:
1. The issue of a building licence prior to the commencement of construction works;
2. All stormwater shall be retained on site in accordance with the Town’s Water Sensitive Urban Design Policy, details of which as to be submitted, and approved prior to the issue of a building licence;
3. The applicant shall lodge a construction management plan prior the issue of a building licence that details the management of excavation and fill of the site, noise dust and operating times, the security of adjoining lots during the removal of common boundary fencing and a complaint resolution process, to the satisfaction of the Manager Development Services;
4. Prior to the issue of a building licence, the applicant shall pay the 2009-2010 unit contribution under Clause 16.5 of Town Planning Scheme 4A (currently $5,376.25);
5. The applicant shall install boundary fencing to a height of 1.8-metres above retained ground level, to the satisfaction of the Manager Development Services, prior to the occupation of the dwellings;
6. The crossovers to the site shall be constructed to Council specifications;
7. The pedestrian accessways, driveways and parking areas shall be constructed prior to the occupation of the dwelling;
8. The retaining wall(s) adjoining the rear of No. 59 Villiers Street, shall be deleted from the plan and an alternative proposal for the filling of both site to the same level be negotiated with the applicant and the affected landowner, subject to the satisfaction of the Manager Development Services. Plans demonstrating how this approach would affect levels including those of No. 61 Villiers Street be lodged and approved prior to the issue of a building licence;
9. All fencing forward of the building line on Claughton Way, Villiers Street and Kenny Street shall comply with the Town’s Local Law Relating to Fencing and to the satisfaction of the Manager Development Services;
10. The street verges adjacent to lot 103 on Kenny Street, Claughton Way and Villiers Street shall be landscaped and maintained to the satisfaction of the Manager Development Services;
11. A landscape plan for the site shall be submitted and approved prior to the issue of a building licence;
12. The provision of community lighting is to be to the satisfaction of the Manager Development Services;
13. The proposed boundary wall shall be finished in either sand finished render or face brickwork to the satisfaction of the Manager Development Services;
14. Portion of the land adjoining Kenny Street and Claughton Way, as indicated in red on the approved plan, shall be ceded free of cost to the Town prior to the occupation of the dwellings; and
15. The approved development shall not be occupied until all of the conditions of planning consent have been complied with to the satisfaction of the Manager Development Services, unless the applicant has entered into an agreement with Council to comply with those conditions within a specified period.
ADDITIONAL INFORMATION
The following additional information was provided at the meeting.
Two further issues have emerged as a result of public consultation following the revised plans received on 25 November 2009.
The proposed retaining wall along the Kenny Street frontage of the site is shown to clash with the location of several remnant native Marri and Melaleuca trees located on portion of Lot 103 and on the boundary of the Kenny Street Road Reserve. The applicant has not stated if the intention is to keep or remove these trees and this issue should be resolved prior to the design of the retaining walls being finalised.
The assessment by the Town’s horticulturalist is that the Marri trees are significant and every effort should be made to keep these mature specimens. Further advice was provided that if the retaining walls were setback 1.5metres from the base of the trees they would not be unduly affected. A condition reflecting this requirement has been added to the recommendation below.
An adjoining/affected landowner has raised concerns regarding the future of existing decorative limestone pillars along common boundary as a result of the proposed retaining walls for the development. An additional condition has been recommended so that these are either preserved or reconstructed to the Town’s satisfaction.
Cr Piantadosi returned to the Chamber, the time being 8.50pm.
ALTERNATIVE OFFICER RECOMMENDATION – ITEM 5.1
That Council grants planning consent for the development of 15 dwellings at Lot 103 (No 144) Kenny Street, Bassendean, as submitted on the plans dated 10 November 2009 and revised plans lodged on the 25 November 2009, subject to:
1. The issue of a building licence prior to the commencement of construction works;
2. All stormwater shall be retained on site in accordance with the Town’s Water Sensitive Urban Design Policy, details of which as to be submitted, and approved prior to the issue of a building licence;
3. The applicant shall lodge a construction management plan prior the issue of a building licence that details the management of excavation and fill of the site, noise dust and operating times, the security of adjoining lots during the removal of common boundary fencing and a complaint resolution process, to the satisfaction of the Manager Development Services;
4. Prior to the issue of a building licence, the applicant shall pay the 2009-2010 unit contribution under Clause 16.5 of Town Planning Scheme 4A (currently $5,376.25);
5. The applicant shall install boundary fencing to a height of 1.8-metres above retained ground level, to the satisfaction of the Manager Development Services, prior to the occupation of the dwellings;
6. The crossovers to the site shall be constructed to Council specifications;
7. The pedestrian accessways, driveways and parking areas shall be constructed prior to the occupation of the dwelling;
8. The retaining wall(s) adjoining the rear of No. 59 Villiers Street, shall be deleted from the plan and an alternative proposal for the filling of both site to the same level be negotiated with the applicant and the affected landowner, subject to the satisfaction of the Manager Development Services. Plans demonstrating how this approach would affect levels including those of No. 61 Villiers Street are lodged and approved prior to the issue of a building licence;
9. All fencing forward of the building line on Claughton Way, Villiers Street and Kenny Street shall comply with the Town’s Local Law Relating to Fencing and to the satisfaction of the Manager Development Services;
10. The street verges adjacent to lot 103 on Kenny Street, Claughton Way and Villiers Street shall be landscaped and maintained to the satisfaction of the Manager Development Services;
11. A landscape plan for the site shall be submitted and approved prior to the issue of a building licence;
12. The provision of community lighting is to be to the satisfaction of the Manager Development Services;
13. The proposed boundary wall shall be finished in either sand finished render or face brickwork to the satisfaction of the Manager Development Services;
14. Portion of the land adjoining Kenny Street and Claughton Way, as indicated in red on the approved plan, shall be ceded free of cost to the Town prior to the occupation of the dwellings;
15. Existing decorative limestone pillars on the adjoining northern boundary shall either be retained or reconstructed in consultation with adjoining/affected landowners to the satisfaction of the Manager Development Services prior to the occupation of the dwellings;
16. The remnant Marri and Melaleuca trees on the Kenny Street frontage and adjoining street verge of Lot 103 site shall be retained by redesigning the retaining walls; and
17. The approved development shall not be occupied until all of the conditions of planning consent have been complied with to the satisfaction of the Manager Development Services, unless the applicant has entered into an agreement with Council to comply with those conditions within a specified period.
MOVED Cr Yates, Seconded Cr Piantadosi, that the matter be deferred to 19 January 2010.
LOST 3/5
Crs Piantadosi, Brinkworth and Yates voted in favour of the motion. Crs Gangell, Butler, Pule, Collins and Lewis voted against the motion.
Cr Piantadosi left the Chamber, the time being 9.05pm and returned at 9.10pm.
The Senior Planning Officer left the Chamber, the time being 9.16pm and returned at 9.18pm.
Cr Butler foreshadowed the following motion, should the Alternative Officer Recommendation not be supported.
“That Council refuse to grant approval of the proposed development on the basis that the proposal, if approved:
- The increases to the natural ground levels (NGL) along both the northern and southern boundaries have the potential to affect the privacy and amenity of adjoining owners.
- Would negatively impact on the amenity of Claughton Way by the very significant increase in traffic.
- Contravenes 10.2 of the Local Planning Scheme 10 sub-clause j) any social issues that have an affect on the amenity of the locality.
- Will add to the already significant social housing already present in the immediate vicinity of the proposed development; and any increases will have a negative impact on the amenity of the locality.
And that Council:
- Advise all those who lodged submissions of Council’s decision.
- Record that the reason for changing the Recommendation is that the application is contrary to the Local Planning Scheme 10 sub-clause j) and points 1, 2 and 4 above.”
COUNCIL RESOLUTION - ALTERNATIVE OFFICER RECOMMENDATION – ITEM 5.1
SCM – 1/12/09 MOVED Cr Gangell, Seconded Cr Pule, that Council grants planning consent for the development of 15 dwellings at Lot 103 (No 144) Kenny Street, Bassendean, as submitted on the plans dated 10 November 2009 and revised plans lodged on the 25 November 2009, subject to:
1. The issue of a building licence prior to the commencement of construction works;
2. All stormwater shall be retained on site in accordance with the Town’s Water Sensitive Urban Design Policy, details of which as to be submitted, and approved prior to the issue of a building licence;
3. The applicant shall lodge a construction management plan prior the issue of a building licence that details the management of excavation and fill of the site, noise dust and operating times, the security of adjoining lots during the removal of common boundary fencing and a complaint resolution process, to the satisfaction of the Manager Development Services;
4. Prior to the issue of a building licence, the applicant shall pay the 2009-2010 unit contribution under Clause 16.5 of Town Planning Scheme 4A (currently $5,376.25);
5. The applicant shall install boundary fencing to a height of 1.8-metres above retained ground level, to the satisfaction of the Manager Development Services, prior to the occupation of the dwellings;
6. The crossovers to the site shall be constructed to Council specifications;
7. The pedestrian accessways, driveways and parking areas shall be constructed prior to the occupation of the dwelling;
8. The retaining wall(s) adjoining the rear of No. 59 Villiers Street, shall be deleted from the plan and an alternative proposal for the filling of both site to the same level be negotiated with the applicant and the affected landowner, subject to the satisfaction of the Manager Development Services. Plans demonstrating how this approach would affect levels including those of No. 61 Villiers Street are lodged and approved prior to the issue of a building licence;
9. All fencing forward of the building line on Claughton Way, Villiers Street and Kenny Street shall comply with the Town’s Local Law Relating to Fencing and to the satisfaction of the Manager Development Services;
10. The street verges adjacent to lot 103 on Kenny Street, Claughton Way and Villiers Street shall be landscaped and maintained to the satisfaction of the Manager Development Services;
11. A landscape plan for the site shall be submitted and approved prior to the issue of a building licence;
12. The provision of community lighting is to be to the satisfaction of the Manager Development Services;
13. The proposed boundary wall shall be finished in either sand finished render or face brickwork to the satisfaction of the Manager Development Services;
14. Portion of the land adjoining Kenny Street and Claughton Way, as indicated in red on the approved plan, shall be ceded free of cost to the Town prior to the occupation of the dwellings;
15. Existing decorative limestone pillars on the adjoining northern boundary shall either be retained or reconstructed in consultation with adjoining/affected landowners to the satisfaction of the Manager Development Services prior to the occupation of the dwellings;
16. The remnant Marri and Melaleuca trees on the Kenny Street frontage and adjoining street verge of Lot 103 site shall be retained by redesigning the retaining walls; and
17. The approved development shall not be occupied until all of the conditions of planning consent have been complied with to the satisfaction of the Manager Development Services, unless the applicant has entered into an agreement with Council to comply with those conditions within a specified period.
CARRIED 5/3
Crs Gangell, Pule, Yates, Collins and Lewis voted in favour of the motion. Crs Piantadosi, Brinkworth and Butler voted against the motion.
6.0 PUBLIC QUESTION TIME & RIGHT OF REPLY
Ms O’Shea, 11a Claughton Way, Bassendean
Ms O’Shea queried the proposed 5/5/5 arrangement and whether this was going to be the composition of the development, or the 25% the CEO, Foundation Housing later referred to in her deputation.
The CEO, Foundation Housing advised that the 5/5/5 is the model that she will work with Martin Whitely towards achieving, however it cannot be guaranteed.
Ms Kathy Cameron, Villiers Street West, Ashfield
Ms Cameron asked what would happen to Foundation Housing, being a privately owned company if they were to go broke or exceed the time restraints currently on them, and whether control of the property would be placed in the hands of the Department of Housing and Works.
The CEO, Foundation Housing advised that under their Constitution if something like this happens, the State Government will not take control. If a not for profit is wound up it is done so by the Department of Commerce who distributes the assets in line with the Constitution to companies of a similar composition.
Ms Cameron expressed extreme disappointment as a ratepayer of the Town highlighting the huge social problem they face everyday due to a large volume of State Housing in the area.
Resident, Villiers Street West, Ashfield
The resident queried the class of the site in relation to the stability of the soil.
A representative of Foundation Housing advised that the site is not classified at the moment.
The Senior Planning Officer offered a copy of the GEOtech report for the resident to read.
The resident further referred to the earlier deputation which indicated that Bassendean prices have gone down by 10% and queried where this figure had been obtained from.
The GM of Estate Development Company advised that the figures quoted were from a REIWA report dated September 2009.
The resident further referred to Cr Butler’s foreshadowed alternative motion which raised four legitimate issues that were contrary to the Town Planning Scheme and expressed disappointment that more Councillors did not vote against the recommendation.
Garry Butler, 20 Haig Street, Ashfield
Mr Butler queried who the builder will be?
It was advised that Jackson Construction had been appointed builders for the development.
Geoff Addison, 69 Hardy Road, Ashfield
Mr Addison queried whether plans of the design of the buildings had been sighted?
Officers advised that such plans had been sighted on-site this evening and approved by Council tonight.
Following an objection from Cr Butler, who had not yet seen the plans, the Manager Development Services advised that it is customary with development applications that plans be presented to Council on-site. All Councillors present this evening, at the site, viewed the plans.
Cr Butler protested at having not been given a chance to view the plans and asked if she had the right to question the proceedings. The CEO undertook to follow this up and advise as soon as possible.
With regard to the stimulus package available to Foundation Housing, Mr Addison queried what would happen to this funding if they sold the development.
The CEO, Foundation Housing confirmed that under the terms of the Title, they cannot sell the development.
Cr Piantadosi requested that he and all other Councillors be provided with a copy of the Foundation Housing Constitution.
7.0 CLOSURE
There being no further business, His Worship the Mayor declared the meeting closed, the time being 9.50pm.
