Brigadoon - stage 3 development
847. Hon ALISON XAMON to the minister representing the Minister for Planning:
I refer to the proposed development of Brigadoon stage 3 by the developer Peet, and Peet’s request that the number of conditions of the approval for the development be reconsidered.
(1) Which conditions are Peet requesting be reconsidered?
(2) Should those conditions be reconsidered, will there be further community consultation about any changes to the conditions of approval?
Hon PETER COLLIER replied:
On behalf of the Minister for Child Protection, I thank the honourable member for some notice of this question.
(1)–(2) The response is two pages in duration, so I seek leave to table it and have it incorporated in Hansard.
Leave granted. [See paper 2746.]
The following material was incorporated —
I thank the Hon. Member for some notice of this question.
1. As per conditional approval (WAPC Ref:137383) granted on 17 March 2010, Peet has requested that the following Conditions be reconsidered:
Condition 2: The boundaries of proposed Lots 102-103, 133-135 and 143 are to be amended to ensure that the creekline and appurtenant buffer are contained within two lots (proposed Lots 102 and 133) in consultation with and to the satisfaction of the Western Australian Planning Commission (WAPC).
Condition 4: All road batters are to be wholly contained within the road reserves. (Local Government)
Condition 5: Road - Corner Truncation (Local Government). Street corners within the subdivision are to be truncated to the standard truncation of 14 metres. (Local Government)
Condition 6: Road upgrading and construction Arrangements being made with the local government for the upgrading and/or construction and drainage of Campersic Road. The extent of upgrading works is limited to those items of upgrading identified in the Brigadoon Structure Plan - Road Safety Audit Report for Campersic Road that are directly necessitated by the proposed subdivision. (Local Government)
Condition 10: The areas of subject Lots 1010 and 1022 Campersic Road which are reserved for Parks and Recreation under the Metropolitan Region Scheme, and Lot 1055 Campersic Road, are to be ceded free of cost to the Crown for Regional Parks and Recreation purposes on the first deposited plan.
Condition 12: The plan of subdivision is to be modified over the proposed 8843m2 lot to depict a 7000m2 public purpose - community purpose lot, such lot being shown on the Deposited Plan as a “Public Purpose - Community Purpose Site” 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.
Condition 13: A 1843m2 lot, being the balance of the 8843m2 public open space lot (following excision of 7000m2 lot identified in
Condition 12 as a public purpose - community purpose site) being shown on the Deposited Plan as a “Reserve for Recreation” 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.
Condition 28: Measures are to be taken to ensure identification and protection of any vegetation which is not otherwise required to be cleared for roads/access and the implementation of the approved fire and vegetation management plan by the City of Swan, prior to the commencement of site works. (Local Government)
Condition 29: Fire and Revegetation Management Plan is to be prepared and approved on the advice of the Fire and Emergency Services Authority. (City of Swan).
Condition 30: The ‘developer requirements’ identified in Fire and Revegetation Management Plan is to be implemented. This shall include, but is not limited to, the construction of the designated public road connection between the northern portion of the subdivision and O’Brien Road and the identified strategic firebreaks. (Local Govermnent)
Condition 31: Restrictive Covenant - Building envelope (129BA TLA) A Restrictive Covenant, pursuant to section 129BA of the Transfer of Land Act 1893 (as amended) is to be placed on the Certificates of Title of the proposed lot(s) advising that dwellings are required to be constructed to a minimum standard to achieve compliance with Australian Standard AS 3959 which sets out construction requirements consistent with an approved Fire and Rehabilitation Management Plan.
Condition 33: Notification - Generic (70A TLA) Notification in the form of a section 70A notification, pursuant to the Transfer of Lands Act 1893 (as amended) is to be placed on the Certificates of Title of the proposed lot(s) advising that the lot is affected by the City of Swan Brigadoon Structure Plan. This Structure Plan requires that all dwellings to be connected to an Aerobic Treatment Unit, is subject to the requirements of a Fire and Rehabilitation Management Plan and requires building envelopes for each lot to be nominated on a site plan and Building Licence stage with all buildings and alternative treatment units being contained within the approved building envelope. The requirements pertaining to the Brigadoon Structure Plan and use and management of the land are available from the City of Swan.
2. There are no provisions under the Planning and Development Act 2005 requiring the Department of Planning / WAPC to undertake community consultation as part of the reconsideration process.