Ironbridge Holdings Pty Ltd and Western Australian Planning Commission

[2008] WASAT 38

IRONBRIDGE HOLDINGS PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION [2008] WASAT 38

Last Update :26/02/2008

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2008] WASAT 38
Published:
Act:	PLANNING AND DEVELOPMENT ACT 2005 (WA)
Case No:	DR:396/2006, DR:397/2006	Heard:	DETERMINED ON THE DOCUMENTS
Coram:	MR D R PARRY (SENIOR MEMBER)	Delivered:	19/02/2008
No Pages:	23	Judgment Part:	1 of 1
Result:	Subdivision approval granted subject to conditions
Category:	B

Parties & CatchwordsOrders


Judgment

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : DEVELOPMENT & RESOURCES ACT : PLANNING AND DEVELOPMENT ACT 2005 (WA) CITATION : IRONBRIDGE HOLDINGS PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION [2008] WASAT 38 MEMBER : MR D R PARRY (SENIOR MEMBER) HEARD : DETERMINED ON THE DOCUMENTS DELIVERED : 20 FEBRUARY 2008 FILE NO/S : DR 396 of 2006

DR 397 of 2006

BETWEEN : IRONBRIDGE HOLDINGS PTY LTD

Applicant

AND

WESTERN AUSTRALIAN PLANNING COMMISSION
Respondent

Catchwords:

Town planning - Subdivision application - 375 lots adjacent to country town - Subdivision would significantly increase population of town - Subdivision refused because of lack of structure plan and comprehensive planning - Local planning strategy and structure plan subsequently approved - Parties seek Tribunal approval of subdivision by consent - Ratepayers' and residents' association and local resident granted leave to make submissions - Whether subdivision approval should be granted

(Page 2)

Legislation:

Planning and Development Act 2005 (WA), s 135, s 138(2), s 242, s 251(1)
Shire of Toodyay Local Planning Scheme No 4, cl 1.1.2, cl 1.6, cl 2.1, cl 4.2, cl 10.2, cl 12.9.1
Shire of Toodyay Town Planning Scheme No 1, cl 3.2, cl 3.16
State Administrative Tribunal Act 2004 (WA), s 60(2)

Result:

Subdivision approval granted subject to conditions

Category: B

Representation:

Counsel:

Applicant : Mr MJ Hardy
Respondent : Mr CS Bydder

Solicitors:

Applicant : Hardy Bowen
Respondent : State Solicitor's Office

Case(s) referred to in decision(s):

Ironbridge Holdings Pty Ltd and Western Australian Planning Commission [2007] WASAT 325
Miller and City of Stirling [2007] WASAT 247
Western Australian Planning Commission and CPP Pty Ltd [2006] WASAT 379

(Page 3)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1 This case concerned two subdivision applications which, together, would significantly increase the population of a country town. The Western Australian Planning Commission refused the subdivision applications because of the lack of a structure plan/comprehensive planning. During the proceedings, a local planning strategy for the Shire and a structure plan for the site were approved by the Shire and the Commission. The subdivider and the Commission then asked the Tribunal to grant subdivision approval by consent, subject to agreed conditions. The Tribunal allowed the local ratepayers' and residents' association and a local resident to each make a written submission in relation to the application.

2 The Tribunal determined that subdivision approval should be granted, subject to the agreed conditions, because:

• the proposed subdivisions are reasonably contemplated by, and consistent with, the zoning and statutory and strategic planning framework;

• the original reason for refusal of the proposed subdivisions has been satisfactorily addressed;

• none of the issues raised in the third party submissions warrant refusal; and

• the agreed conditions are appropriate and reasonable.

Introduction

3 These proceedings involve applications for review brought by Ironbridge Holdings Pty Ltd (Ironbridge) under s 251(1) of the Planning and Development Act 2005 (WA) (PD Act) in relation to the refusal by the Western Australian Planning Commission (Commission) of two subdivision applications of land known as Lot 3 Drummond Street, Toodyay (Lot 3) and Lot 6 Goomalling-Toodyay Road, Toodyay (Lot 6) (together, the site).

4 Lot 3 has an area of 23.9347 hectares and Lot 6 has an area of 35.5121 hectares. The site is located to the north and east of the Toodyay townsite and is separated from most of the townsite by the Avon River.

(Page 4)

Lot 3 abuts residential development to the west. The north-eastern boundaries of Lot 3 and Lot 6 abut the proposed Toodyay Bypass.

5 The proposed subdivisions comprise:

• subdivision of the eastern part of Lot 3 into 18 residential lots ranging in area from 2004 square metres to 1.6 hectares with frontages to Drummond Road and a proposed internal cul-de-sac; and

• subdivision of the remainder of Lot 3 and the whole of Lot 6 into 357 residential lots ranging in area from 875 square metres to 2859 square metres, public open space and roads.

6 The subdivision applications were refused by the Commission, essentially because of the lack of a structure plan for the site and comprehensive planning for the area. The Shire of Toodyay (Shire) recommended refusal of the subdivision applications because of the lack of a structure plan. Other referral authorities did not oppose the proposed subdivisions.

7 The Commission contends - and the Tribunal finds - that, since the Commission's refusal of the subdivision applications and the commencement of the review proceedings, comprehensive planning for the site and the area has occurred. In particular, the Shire and the Commission have each approved:

• the Foggarthorpe Residential Structure Plan (October 2007) (SP) for the site; and

• the Shire of Toodyay Local Planning Strategy (November 2007) (LPS) for the local government area.

8 Following the comprehensive planning in the form of the LPS and the SP, the parties requested the Tribunal to make consent orders granting subdivision approval to each of the proposed subdivisions, subject to agreed conditions.

9 At about the time when the parties filed the proposed consent orders, the Tribunal received applications from the Toodyay Ratepayers' and Residents' Association Incorporated (Association), Mr Larry Graham, a resident of Toodyay, and two other local residents for leave to make a submission in relation to the applications under s 242 of the PD Act.

(Page 5)

10 On 30 November 2007, I granted leave to the Association to make a written submission in relation to whether the subdivisions should be approved, having regard to cl 3.16.1 of the Shire of Toodyay Town Planning Scheme No 1 (TPS 1), and to Mr Graham to make a written submission in relation to whether the subdivisions should be approved, having regard to the impact on his property – see Ironbridge Holdings Pty Ltd and Western Australian Planning Commission [2007] WASAT 325. I dismissed the applications by the other two residents to make submissions. I required the parties to file and exchange any evidence and submissions in relation to whether the proposed consent orders should be made, and ordered that, subject to any further order, the proceedings shall be determined entirely on the documents in accordance with s 60(2) of the State Administrative Tribunal Act 2004 (WA). At the Commission's suggestion, I subsequently granted leave to the Association to make a further written submission in relation to the then draft Shire of Toodyay Local Planning Scheme No 4 (LPS 4).

11 The Association and Mr Graham each filed their written submissions on 18 December 2007. Ironbridge filed submissions on 8 January 2008, and the Commission filed submissions on 25 January 2008. The Association filed submissions in relation to LPS 4 on 18 February 2008.

Should subdivision approval be granted?

12 The Tribunal considers that subdivision approval should be granted, subject to the conditions proposed by the parties, because:

• the proposed subdivisions are reasonably contemplated by, and consistent with, the zoning and statutory and strategic planning framework;

• the Commission's original reason for refusal of the proposed subdivisions has been satisfactorily addressed;

• none of the issues raised in the Association's or Mr Graham's submissions warrant refusal; and

• the proposed conditions are appropriate and reasonable.

13 Until the gazettal of LPS 4 on 13 February 2008, the site was zoned "Urban 6 – Future Urban" (referred to as "Urban 6 – Future Development" in cl 3.16.5) under TPS 1. On 13 February 2008, LPS 4 revoked TPS 1 (see cl 1.1.2) and zoned the site "Residential Development".

(Page 6)

14 Section 135 of the PD Act states that a person is not to subdivide any lot without the approval of the Commission. Section 138(2) of the PD Act states as follows:

"Subject to subsection (3), in giving its approval under section 135 or 136 the Commission is to have due regard to the provisions of any local planning scheme that applies to the land under consideration and is not to give an approval that conflicts with the provisions of a local planning scheme."

15 The Association submits that the proposed subdivisions are incapable of approval, because approval conflicts with cl 3.16.1 of TPS 1. The Association also submits, in its second written submission, that the proposed subdivisions are incapable of approval, because approval conflicts with the provisions of LPS 4.

16 It is unnecessary in this case to determine whether, notwithstanding its revocation, TPS 1 continues to apply to the site for the purposes of s 138(2) of the PD Act because of an accrued right (cf Western Australian Planning Commission and CPP Pty Ltd [2006] WASAT 379 and Miller and City of Stirling [2007] WASAT 247 at [27] - [47]), as approval of the proposed subdivisions does not conflict with the provisions of either TPS 1 or LPS 4.

17 Clause 3.2 of TPS 1 states as follows:

"The Scheme sets out against each Zone a general statement of objectives, and development will be in accordance with the policies and land use controls adopted for that Zone by the Council."

18 Clause 3.16 of TPS 1 states, in part, as follows:

"3.16.1 Objective and Policies

Council intends that lands within the zone will be used to provide for future urban growth in a manner compatible with maximum residential amenity and environmental quality.

Council policy will be to restrict further subdivision until such time as:

(a) All other Zones where residential subdivision is permitted are considered by Council to be

(Page 7)

developed to a level consistent with reasonably optimum utilisation of services.
(b) Water reticulation and power supply for the area are considered to be economically possible.
3.16.2 Development for urban uses will be in accordance with a structure plan for the area adopted by Council.

…

3.16.5 The land zoned Urban 6 - Future Development located between the Avon River and the proposed Toodyay Bypass, being Portion of Avon Location U3, shall be subject to the preparation of a Structure Plan, approved by the Western Australian Planning Commission and Council, prior to the subdivision and development of the land.

The Structure Plan shall provide an assessment of traffic noise levels from the Toodyay Bypass and suitable noise mitigation measures, if required, to be implemented at subdivision and/or development stage."

19 The Association submits that approval of the proposed subdivisions conflict with:

• the Shire's intention "that lands within the zone will be used to provide for future urban growth in a manner compatible with maximum residential amenity and environmental quality" (cl 3.16.1); and

• the Shire's policy "to restrict further subdivision until such time as … all other Zones where residential subdivision is permitted are considered by Council to be developed to a level consistent with reasonably optimum utilisation of services" (cl 3.16.1(a)).

20 The Association submits that the proposed subdivisions are not compatible with maximum residential amenity and environmental quality, having regard to:

• the population of the town of Toodyay and the effect of the proposed subdivisions on population growth;

(Page 8)

• the availability of services, including medical and emergency services and utilities;

• the presence of appropriately zoned vacant lots and sites with subdivision potential;

• the effect of the proposed subdivisions on the balance between urban and rural development;

• the provisions of State Planning Policy No 3 - Urban Growth and Settlement (SPP 3); and

• the views of residents of the Shire.

21 In relation to population growth, the Association contends that, whereas the Shire believes that a growth rate of 3% per annum is the maximum rate that could be allowed if the future amenity of Toodyay township is to be preserved, the subdivisions would result in a growth rate of 5.35% per annum. However, the Association's growth rate is overstated, because it refers to projected growth in the number of dwellings within the township of Toodyay, rather than to projected growth in the Shire as a whole. When projected growth is considered across the Shire, the correct growth rate is 3%.

22 Furthermore, the proposed subdivisions are contemplated by, and consistent with, the LPS in terms of population and population growth. The LPS is intended to guide the planning and development of the Shire over the next 10 to 15 years. It states that, while there are 2855 rateable properties in the Shire, approximately 1050 of these are owned by persons not permanently residing in the local government area. As such, the LPS states that it cannot be assumed that these properties add to the current population figures, although they could in the future. The LPS states that, in order to accommodate the likely population of 7500 residents in the Shire by 2021, and assuming that the approximately 1050 properties in the Shire owned by non-residents continue to be held by non-residents, approximately 1200 new properties must be created to cater for the projected population over the next 13 years. In particular, the LPS states that at least 500 additional dwelling units will be required within the Toodyay townsite by 2021, although the number may be greater if the recent trend of people locating within or close to the townsite continues.

23 Significantly, the LPS identifies the site and the adjacent area to the south of the Goomalling-Toodyay Road as the only large-scale residential subdivision sites in the Shire. The LPS states that the site and the area to the south of

(Page 9)

the Goomalling-Toodyay Road "will likely result in 650-700 lots". Finally, the LPS states that the Toodyay Bypass "will be used to define the eastern extent of residential expansion so as to ensure the townsite and community is not severed by this major transport route, thus promoting social cohesiveness and maintaining convenient pedestrian, cyclist and vehicular access to townsite facilities and services for all residents". The "eastern extent of residential expansion" identified in the LPS includes the site.

24 The LPS, therefore, plainly contemplates the proposed subdivisions as a key element of the strategy to provide for anticipated population increase in close proximity to the townsite. In particular, the proposed subdivisions constitute 375 of the minimum 500 dwelling units that will be required within the townsite over the next 13 years.

25 In relation to services and utilities, the cost of providing infrastructure for the proposed subdivisions, such as roads, drainage, power, and reticulated water and sewerage, will be met by Ironbridge through agreed conditions of subdivision approval. Furthermore, the LPS expressly addresses the question of services and, to this end, promotes urban development in the location of the site, which is proximate to the townsite. The LPS envisages that, as the Shire's population grows, the town centre will provide for the commercial, shopping, health, civic, community and entertainment needs of the community.

26 The Association submits that there are vacant blocks and sites with subdivision potential within other parts of the townsite. However, the LPS deals with the availability of land in the Shire for residential development and, as noted earlier, expressly contemplates subdivision of the site as one of only two large-scale residential subdivision sites within the Shire to meet the anticipated increase in population.

27 In relation to the balance between urban and rural development, it is clear from the LPS that the site is identified as an appropriate location for residential subdivision. The subdivision of the site in the manner contemplated in the LPS and the SP would leave the vast majority of the Shire for rural development.

28 The Association submits that the proposed subdivisions are inconsistent with SPP 3 and, therefore, with cl 3.16.1 of TPS 1. SPP 3 aims "to facilitate sustainable patterns of urban growth and settlement by setting out the requirements of sustainable settlements and communities and the broad policy in accommodating growth and

(Page 10)

change". The State Planning Policy also states as follows:
"Outside the metropolitan region and the regional growth centres, proposals for major new settlements, whether by large scale additions to existing settlements or new free standing settlements, are unlikely to prove to be a sustainable development option given the difficulties in providing a secure employment base, the cost of providing the full range of new services and infrastructure, and the potential for diverting population and resources from existing settlements which could contribute to the decline of those settlements. New settlements are only likely to prove to be a sustainable development option where they address a significant shortfall of available housing land in the region, have a secure employment base, are large enough to support a range of local services including schools, shops and employment and there is no more sustainable alternative."

29 SPP 3 is implemented through related State planning policies, regional strategies, local planning strategies and region and local planning schemes. It was taken into consideration in the development and adoption of the LPS. The proposed subdivisions are consistent with the LPS. Moreover, the proposed subdivisions are consistent with SPP 3 in that they provide for an anticipated increase in population in an appropriate location adjacent to an existing town.

30 The Association refers to the degree of community opposition to the proposed subdivisions. The Shire received:

• 60 submissions in relation to the SP;

• 286 submissions in relation to the LPS; and

• a petition signed by 815 people, of whom, according to the Association, more than 700 are residents of the locality and represent approximately 23% of the total number of adult residents of the locality, which calls for "no further residential development in the Shire".

31 The views of local residents are a relevant matter for consideration in a planning assessment. However, the residents' call for "no further residential development" in the Shire is inconsistent with the zoning of the site, both under TPS 1 and LPS 4, and the recent strategic planning for the local government area in general, and the site in (Page 11)

particular, in the form of the LPS and the SP. These recent, strategic planning documents, and the zoning of the site, under both TPS 1 and LPS 4, reasonably contemplate the proposed subdivisions.

32 The Association says that the Shire has approved a strata development of 19 dwellings on one lot in the "Urban 2 - Living Area" zone and a subdivision of one lot into 59 lots in the "Urban 5 - Urban Development" zone, and submits that, consequently, approval of the proposed subdivisions would conflict with par (a) of cl 3.16.1 of TPS 1. However, that provision does not require that there be no subdivision/development potential elsewhere in order for subdivision of the site to take place. Rather, it states a policy to restrict subdivision in the "Urban 6 - Future Urban" zone until all other zones in which residential subdivision is permitted are considered by the Shire to be developed "to a level consistent with reasonably optimum utilisation of services". Approval of the subdivisions referred to by the Association does not show that the areas in question are not developed to a level consistent with reasonably optimum utilisation of services. In any case, as noted earlier, the LPS identifies the site as one of only two large subdivision sites in the local government area which can be used to satisfy the population growth anticipated by the Strategy.

33 As noted earlier, cl 3.16.2 of TPS 1 requires that development for urban uses "will be in accordance with a structure plan for the area adopted by Council" and cl 3.16.5 specifically requires the preparation of a Structure Plan for the site to be approved by the Commission and the Shire prior to the subdivision and development of the land. The SP comprises the Structure Plan itself prepared in July 2007 and technical reports concerning environmental assessment (March 2007), traffic assessment (March 2007), noise impact assessment (February 2007), geotechnical investigation (February 2007) and drainage (March 2007). The SP satisfies cl 3.16.2 and cl 3.16.5 of TPS 1.

34 In his submission, Mr Graham raised an issue as to whether approval of the proposed subdivisions would conflict with TPS 1 and LPS 4, because the proposed subdivisions would create only residential lots, and not lots for any of the other types of uses capable of approval in the Future Urban zone under TPS 1 and the Residential Development zone under LPS 4. Although this submission falls outside the leave granted to Mr Graham, it can be promptly addressed. While the planning schemes allow approval of uses other than residential, they do not mandate a mix of uses. Moreover, the proposed subdivisions are consistent with the approved SP in relation to the proposed

(Page 12)

use.

35 The Association submits that approval of the proposed subdivisions conflicts with the provisions of LPS 4. In particular, the Association refers to certain of the aims of the scheme stated in cl 1.6, cl 2.1, which requires determinations of the Shire under the scheme to be consistent with the LPS, the objectives of the zone in cl 4.2, and cl 12.9.1, which sets out matters for consideration by the Shire in determining an application for planning approval.

36 However, approval of the proposed subdivisions does not conflict with any of these provisions.

37 The particular aims of LPS 4 referred to by the Association cannot be read in isolation from the other stated aims. Approval of the proposed subdivisions does not conflict with the aims of the scheme when read as a whole.

38 Although cl 2.1 is only applicable to determinations of the Shire under the scheme, for reasons set out earlier, the proposed subdivisions are consistent with the LPS.

39 The objectives of the Residential Development zone stated in cl 4.2 are to -

"(i) designate land for future urban development;

(ii) provide for orderly planning and development of larger areas of land for residential and associated purposes through the preparation of a development plan; and

(iii) ensure the adequate provision of physical and community infrastructure."

40 The proposed subdivisions are consistent with the objectives of the zone. The reference to "future urban development" does not mean that urban development cannot take place in the zone under LPS 4. Rather, it indicates, by contrast with the objectives of the Residential zone, that the Residential Development zone applies to areas that are not established residential areas and, therefore, require appropriate planning. The SP relevantly satisfies the requirement for a development plan under LPS 4 and involves orderly planning for the site. The subdivisions propose, and the agreed conditions of subdivision approval require, the adequate provision of physical and (Page 13)

community infrastructure.

41 Finally, cl 10.2 of LPS 4 is not applicable, because it sets out matters for consideration by the Shire in considering an application for development approval.

42 It follows that approval of the proposed subdivisions does not conflict with the provisions of either TPS 1 or LPS 4 and, indeed, that approval of the proposed subdivisions is reasonably contemplated by, and consistent with, each of these planning instruments, as well as the LPS and the SP.

43 It also follows that the Commission's original reason for refusal of the subdivisions - essentially, absence of a structure plan/comprehensive planning - has been satisfactorily addressed since the refusals and during the course of the proceedings by the LPS and the SP.

44 Mr Graham submits that the proposed subdivisions should be refused, because of their impact on his property. In 2003, Mr Graham purchased an historic house adjacent to the old gaol that faces over the Avon Valley onto part of the site. Mr Graham bought his house in order to "live in a small country town and avoid an ever-increasing population explosion". As Mr Graham was aware that the house "overlooked one of the possible development sites", he made extensive enquiries as to the possibility of development taking place and thought that TPS 1 protected his interests. Mr Graham and his partner enjoy the "peace, quiet and rolling hills" when looking at the site and the rural land beyond.

45 However, the Future Urban zoning that was in place in 2003 - and for some years prior to that - reasonably contemplated subdivision of the site for urban purposes, although after appropriate planning in the form of a structure plan. Similarly, the Residential Development zoning contemplates subdivision of the site, although after appropriate planning through a development plan, which, as I found earlier, is relevantly satisfied by the SP.

46 Although the proposed subdivisions will, when implemented, bring about a significant visual change from cleared rural land to an urban settlement, when viewed from Mr Graham's property, this change is reasonably anticipated by, and consistent with, the zoning, the LPS and the SP. Furthermore, the subdivision does not extend to land higher than 250 metres AHD, which is precluded by the LPS, the site is currently substantially cleared, and the agreed conditions of subdivision approval require the preparation and submission of design guidelines to the Shire and notification of

(Page 14)

the need to comply with the guidelines.

47 The Tribunal does not, therefore, consider that the subdivision applications should be refused because of their impact on Mr Graham's property.

Conclusion

48 The proposed subdivisions are capable of approval and warrant approval in the exercise of planning discretion. By consent, the applications for review should be allowed and subdivision approvals should be granted subject to the conditions agreed between the parties.

Orders

49 The Tribunal makes the following orders:

In proceedings DR 396 of 2006:

By consent:
1. The application for review is allowed.

2. Subdivision approval is granted to the subdivision plan drawn by Koltasz Smith Town Planning plan no 3091-3-002A, dated 31 July 2006, subject to the conditions in Attachment A.

3. Each party is to pay its own costs of the proceedings.

In proceedings DR 397 of 2006:

By consent:
1. The application for review is allowed.

2. Subdivision approval is granted to the subdivision plan drawn by Koltasz Smith Town Planning plan no 3091-3-002f, dated 11 October 2007, subject to the conditions in Attachment B.

3. Each party is to pay its own costs of the proceedings.

(Page 15)

I certify that this and the preceding [49] paragraphs comprise the reasons for decision of the State Administrative Tribunal.

___________________________________

MR D R PARRY, SENIOR MEMBER

(Page 16)

Attachment A

1. No earthworks shall commence until the Local Government has approved detailed engineering plans and specifications of the works required to complete the subdivision. (Local Government)

2. Those lots not fronting an existing road are to be provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) being constructed and drained at the applicant's/owner's cost. (Local Government)

3. The access street is to be widened to 16 metres in accordance with the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007. (Local Government)

4. Arrangements are to be made with the Local Government for the upgrading and/or construction of Drummond Street from the western boundary of proposed Lot 1 up to and including the intersection with Telegraph Road. (Local Government)

5. Suitable arrangements are to be made with the Local Government for the provision of vehicular crossover(s) to service the proposed lots shown on the approved plan of subdivision. (Local Government)

6. The land is to be graded and stabilised. (Local Government)

7. The land is to be filled and/or drained at the subdivider's cost, and any easements and /or reserves necessary for the implementation thereof are to be granted free of cost. (Local Government)

8. Footpaths and dual use paths/cycleways are to be constructed in accordance with the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007, and more specifically, as depicted in Figure 13 of the Revised Traffic Assessment report which is an addendum to that Structure Plan. (Local Government)

(Page 17)

9. Street corners within the subdivision are to be truncated to the standard truncation of 8.5 metres. (Local Government)

10. A Foreshore Management Plan is to be prepared and implemented to the satisfaction of the Local Government with advice from the Department of Water. (Local Government)

11. A drainage and nutrient management plan is to be prepared and implemented to the satisfaction of the Local Government with advice from the Department of Water. (Local Government)

12. A construction management plan detailing how the risk of erosion will be minimised during site-works is to be prepared and approved prior to the commencement of subdivisional works to the satisfaction of the Local Government with advice from the Department of Water. (Local Government)

13. The construction management plan required by condition 12 is to be implemented to the satisfaction of the Local Government. (Local Government)

14. Design guidelines are to be prepared and submitted to the Local Government for the area of subdivision in accordance with the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007. (Local Government)

15. The applicant is to make satisfactory arrangements to the specification of the Local Government to ensure that all prospective purchasers of lots within the area are made aware in writing of the need to comply with the design guidelines referred to in Condition 14. (Local Government)

16. Street lighting is to be installed on all new subdivisional roads at the subdividers cost. (Local Government)

17. Suitable arrangements are to be made with Western Power for the provision of underground electricity supply service to the lots shown on the approved plan of subdivision. (Western Power)

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18. The transfer of land as a Crown Reserve, free of cost, to the Western Power Corporation for the provision of electricity supply infrastructure. (Western Power)

19. Certification from the Water Corporation that arrangements have been made with that body so that connection to a water supply service will be available to the lots proposed by this application. The service is to be consistent with the Water Corporation's policy and planning for the locality and may involve the resolution of land matters and the payment of financial contributions to the satisfaction of the Water Corporation. (Water Corporation)

20. Certification from the Water Corporation that arrangements have been made with that body so that connection to a sewerage service will be available to the lots proposed by this application, and the service is to be consistent with the Water Corporation's policy and planning for the locality, and may involve the resolution of land matters and the payment of financial contributions to the satisfaction of the Water Corporation. (Water Corporation)

21. Such easements as may be required by the Water Corporation are to be granted free of cost. (Water Corporation)

(Page 19)

Attachment B

1. No earthworks shall commence until the Local Government has approved detailed engineering plans and specifications of the works required to complete the subdivision. (Local Government)

2. Those lots not fronting an existing road are to be provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system, and such road(s) are to be constructed and drained at the applicant's/owner's cost. (Local Government)

3. Arrangements are to be made with the Local Government for the upgrading and/or construction of Drummond Street where it directly fronts the proposed subdivision up to the Goomalling-Toodyay Road as a result of the proposed subdivision. (Local Government)

4. Suitable arrangements are to be made with the Local Government for the provision of vehicular crossover(s) to service the proposed lots shown on the approved plan of subdivision. (Local Government)

5. Construction of the crossing of Boyagerring Brook is to be completed as part of the initial subdivision works, prior to the first diagram or plan of survey being lodged for approval and approved by the Western Australian Planning Commission. (Local Government)

6. The proposed reserve(s) shown on the approved plan of subdivision 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. (Local Government)

7. A Notification pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the Certificates of Title for the proposed Lots 246-262, 284, 285, 290, 291, 299-371, 498-518 and 531-541 advising of the existence of a hazard or other factor. Notice of this

(Page 20)

notification is to be included on the Deposited Plan. The notification to state as follows:
"This lot is situated in the vicinity of the proposed Toodyay Bypass, may in future be affected by noise from this road and is subject to Quiet House Design guidelines as per the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007." (Local Government)

8. Notification pursuant to section 70A of the Transfer of Land Act 1893 (as amended) is to be placed on the Certificates of Title for the proposed lots 204, 205, 208-221, 223-234, 297, 303-305, 377, 378, 434-439, 442-446, 459, and 484-486 advising of the following:

"Granite outcrops are identified on this lot and may impact on the development of the site."

9. The land is to be graded and stabilised. (Local Government)

10. The land is to be filled and/or drained at the subdivider's cost, and any easements and/or reserves necessary for the implementation thereof are to be granted free of cost. (Local Government)

11. Footpaths and dual use paths/cycleways are to be constructed in accordance with the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007, and more specifically, as depicted in Figure 13 of the Revised Traffic Assessment report which is an addendum to that Structure Plan. (Local Government)

12. Street corners within the subdivision are to be truncated to the standard truncation of 8.5 metres. (Local Government)

13. A Foreshore Management Plan is to be prepared and implemented to the satisfaction of the Local Government with advice from the Department of Water. (Local Government)

(Page 21)

14. A landscaping plan relating to the planting of street trees and treatment of 10m landscape strip along the proposed bypass and Goomalling-Toodyay Road, and the drainage sites in conjunction with the Foreshore Management Plan, are to be prepared and implemented. (Local Government)

15. A drainage and nutrient management plan is to be prepared and implemented to the satisfaction of the Local Government with advice from the Department of Water. (Local Government)

16. A construction management plan detailing how the risk of erosion will be minimised during site-works is to be prepared and approved prior to the commencement of subdivisional works to the satisfaction of the Local Government with advice from the Department of Water. (Local Government)

17. The construction management plan required by condition 16 is to be implemented to the satisfaction of the Local Government. (Local Government)

18. The preparation and submission of design guidelines to the Local Government for the area of subdivision in accordance with the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007. (Local Government)

19. The applicant is to make arrangements to the satisfaction of the Local Government to ensure that all prospective purchasers of lots within the area are made aware in writing of the need to comply with the design guidelines referred to in Condition 18. (Local Government)

20. Street lighting is to be installed on all new subdivisional roads at the subdividers cost. (Local Government)

21. Arrangements are to be made to the satisfaction of the Local Government for a contribution towards the upgrading of the pedestrian bridge as a result of the proposed subdivision. (Local Government)

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22. The mitigation measures in the Noise Impact Assessment which is an addendum to the Foggarthorpe Residential Structure Plan endorsed by the Western Australian Planning Commission on 26 October 2007 is to be implemented to the satisfaction of the Local Government with advice from Main Roads WA, and measures to be implemented shall not include noise walls. (Local Government)

23. The subdivider is to provide a suitably designed student drop off and pick up point adjacent to the south-east boundary of the school site within the existing road reserve to the satisfaction of the Local Government and Department of Education and Training. (Local Government)

24. Suitable arrangements are to be made with Western Power for the provision of underground electricity supply service to the lots shown on the approved plan of subdivision. (Western Power)

25. The transfer of land as a Crown Reserve, free of cost to the Western Power Corporation for the provision of electricity supply infrastructure. (Western Power)

26. Certification from the Water Corporation that arrangements have been made with that body so that connection to a water supply service will be available to the lots proposed by this application. The service is to be consistent with the Water Corporation's policy and planning for the locality, and may involve the resolution of land matters and the payment of financial contributions to the satisfaction of the Water Corporation. (Water Corporation)

27. Certification from the Water Corporation that arrangements have been made with that body so that connection to a sewerage service will be available to the lots proposed by this application, and the service is to be consistent with the Water Corporation's policy and planning for the locality, and may involve the resolution of land matters and the payment of financial contributions to the

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satisfaction of the Water Corporation. (Water Corporation)
28. Such easements as may be required by the Water Corporation are to be granted free of cost. (Water Corporation)

29. The intersection of Goomalling-Toodyay Road and Drummond Street East is to be designed and reconstructed by the applicant to the satisfaction of the Local Government and Main Roads WA. (Main Roads WA) (Local Government)

30. Arrangements are to be made for a contribution by the applicant to the construction of the upgrading of the Goomalling-Toodyay Road and Stirling Terrace intersection to the satisfaction of the Local Government and Main Roads WA. (Main Roads WA) (Local Government)

31. The Goomalling-Toodyay Road is to be widened by 10 metres along the full frontage of the land the subject of this application by the applicant/owner ceding the land required to the Crown free of cost for the purpose of widening Goomalling-Toodyay Road reserve. (Main Roads WA)

32. No direct access is to be permitted from the proposed lots onto the Goomalling-Toodyay Road or the future Toodyay Bypass and all access must be via Drummond Street. (Main Roads WA)