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Ordinary Meeting of Council 28 August 2019

4.1 PROPOSED PERMANENT CLOSURE OF A PORTION OF REPTON STREET, DAYTON

Ward: (Altone Ward) (Asset Management) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

KEY ISSUES

• An application for a permanent public road closure of an approximate 5727m2 portion of Repton Street, Dayton has been received from Urbis on behalf of the adjoining landowner Reward Investments Pty Ltd (the applicant).

• The applicant's land, Lot 1 on Diagram 46986, adjoins the subject portion of road reserve and they are seeking closure to facilitate the subdivision and development of the land for service and commercial purposes, in-line with the approved Structure Plan No. 3 - Dayton.

• Structure Plan No.3 - Dayton proposed that the northern portion of Repton Street is closed and the road re-aligned to intersect with Isoodon Street (formerly Lord St). The applicant intends to undertake the re-alignment of Repton Street as part of the subdivision process.

• The proposed road closure has been advertised in accordance with Section 58 of the Land Administration Act 1997. Three submissions were received; one in support of the proposal and two neutral submissions.

It is recommended that the Council support the permanent closure of a portion of Repton Street, and subsequent re-alignment, in accordance with section 58 of the Land Administration Act 1997, subject to the applicant meeting all costs associated with the road closure and realignment.

BACKGROUND

The City of Swan received an application for the permanent closure of a portion of Repton Street, Dayton. The application was submitted by Urbis on behalf of the adjacent landowner Reward Investments Pty Ltd.

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Ordinary Meeting of Council 28 August 2019

The applicant intends to amalgamate the subject 5727m2 portion of Repton Street into the adjoining land, Lot 1 (44) Repton Street, to facilitate the subdivision and development of the Commercial Centre in line with Structure Plan No. 3 – Dayton. This structure plan proposed that the northern portion of Repton Street be closed and the road realigned to intersect with Isoodon Street (formerly Lord St). The applicant intends to undertake the realignment of Repton Street as part of the subdivision process.

Plans showing the proposed closure, concept plan and structure plan are attached to this report.

DETAILS

The proposed permanent public road closure has been advertised in accordance with Section 58 of the Land Administration Act 1997.

At the end of the submission period, three submissions were received; one in support of the proposal and two neutral submissions. A Summary of Submissions is attached to this report.

It is noted that a Dial Before You Dig enquiry identified Telstra, Western Power and the City of Swan infrastructure assets located within the application area. The applicant is required to meet all costs associated with either the relocation of the infrastructure assets or the costs associated with the provision of appropriate easement protection, to the satisfaction of the asset holder.

Local Roads, although under the care, control and management of the Local Government, are owned by the State of WA. Should the closure be supported and approved by Council, the matter will be referred to the Department of Planning, Lands and Heritage which will, if in agreement, arrange valuation, disposal and amalgamation of the closed portion of road with the adjoining owner’s land, in accordance with section 87 of the Land Administration Act 1997, ensuring all conditions are met.

CONSULTATION

Advertising in accordance with section 58 of the Land Administration Act 1997 and its regulations has been undertaken. Notice of the proposed closure was published in a local newspaper, placed at all City of Swan libraries and at the City's Administration Centre and uploaded onto the City's website. No objections to the proposed road closure were received during the consultation period.

ATTACHMENTS

Road Closure Plan

Concept Plan & Landscape Master Plan Structure Plan Map

Summary of Submissions

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Ordinary Meeting of Council 28 August 2019

STRATEGIC IMPLICATIONS

The road closure forms part of the Dayton Commercial Centre development, which is aligned to the City's Strategic Community Plan providing positive outcomes as follows:

E1 Outcome - Sustainable Business Growth -

E1.1 - Actively support and develop local and new business

E2 Outcome - Accelerated Economic Growth

E2.1 - Attract business and investment opportunities

B1 Outcome - Community places to live, recreate and work - B1.2 - Enhance public realm

STATUTORY IMPLICATIONS

Permanent road closures are governed by Section 58 of the Land Administration Act 1997 and its regulations.

FINANCIAL IMPLICATIONS

All costs associated with the permanent road closure are to be borne by the applicant.

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Support the closure of a 5727m2 portion of Repton Street, Dayton, in accordance with section 58 of the Land Administration Act 1997 for its amalgamation with the applicant's adjoining land, Lot 1, subject to the applicant meeting all costs associated with the road closure and purchase of the land from the State of WA;

2) Request the Department of Planning, Lands and Heritage to consider and grant the request for closure of the subject portion of road in accordance with the provisions of section 58 and 87 of the Land Administration Act 1997; and

3) Advise the applicant and submitters accordingly.

CARRIED

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DATE: 12.04.2019 JOB NO: PA1334 DWG NO: FIG 14 REV: E

CONCEPT PLAN & LANDSCAPE MASTER PLAN

DAYTON COMMERCIAL CENTRE

VIVID CHASE RADIANT LOOP

CRANLEIGH STREET

LORD STREET

REPTON STREET

NEW LORD STREET PUBLIC TRANSIT CORRIDOR

LEGEND:

1 MIXED BUSINESS 2 OFFICE / MEDICAL 3 DAYCARE 4 SWIM SCHOOL 5 OFFICE 6 RESTAURANT 7 SERVICE STATION 8 SHOWROOM 9 SERVICE / INDUSTRY 10 SUPERMARKET 11 CAFE 12 TAVERN 13 ALFRESCO DINING 14 OPEN SPACE 15 PLAZA

16 PEDESTRIAN ORIENTATED STREET

STRUCTURE PLAN BOUNDARY

9 9

8

7 6 6 5 4 3

2 1

1 1

1

12

11 10

8

16

15

13 14

1:2000 @ A3

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DATE: 12.04.2019 JOB NO: PA1334 DWG NO: FIG 18 REV: E

STRUCTURE PLAN MAP — LAND USE

DAYTON COMMERCIAL CENTRE

STRUCTURE PLAN BOUNDARY ZONES

SERVICE COMMERCIAL RESERVES

PRIMARY DISTRIBUTOR ROAD DISTRICT DISTRIBUTOR ROAD NEIGHBOUROOD

CONNECTOR A ACCESS ROAD

PUBLIC TRANSIT CORRIDOR PUBLIC OPEN SPACE AND DRAINAGE

OTHER

DRAINAGE BASIN

DRAINAGE (ROADSIDE SWALE) FOOTPATH

SHARED PATH POULTRY FARM BUFFER BAL FZ

BAL 40

BUILDING EMPHASIS

NOTES

1. REPTON STREET ROAD WIDENING TO 24m OR AS OTHERWISE AGREED WITH CITY OF SWAN.

2. LAND WITHIN THE STRUCTURE PLAN IS IMPACTED BY THE BUFFER TO THE POULTRY FARM LOCATED AT 60 CHELTENHAM STREET, WEST SWAN.

IN ACCORDANCE WITH STATE PLANNING POLICY 4.1 NO SENSITIVE USES ARE TO BE LOCATED WITHIN THE BUFFER. SENSITIVE USE INCLUDES RESIDENTIAL DWELLINGS, MAJOR RECREATIONAL AREAS, HOSPITALS, SCHOOLS AND OTHER INSTITUTIONAL USES INVOLVING ACCOMMODATION.

3. LOCAL DEVELOPMENT PLAN(S) REQUIRED FOR THE WHOLE STRUCTURE PLAN AREA D

NEW LORD STREET

DCP E-IRF04 ROUNDABOUT 4 WAY LORD ST &

CRANLEIGH ST

LORD STREET

Lot 1 Lot 576

HARROW STREET

LORD STREET

REPTON STREET

CRANLEIGH STREET

VIVID CHASE RADIANT LOOP

DCP E-TRF08 ROAD UPGRADE INTEGRATOR B (TYPE 2B)

Lot 3 Lot 803

Lot 7 Lot 6

Lot 5 Lot 4

DCP E-POSF15

PUBLIC TRANSIT CORRIDOR

D

1:2000 @ A3

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REPTON STREET, DAYTON SUMMARY OF SUBMISSIONS

No. Type Position Comments

1 Govt. Agency -

Main Roads WA Neutral In response to your correspondence received on 27 May 2019, Main Roads has no objection.

2

Govt. Dept. - Department of

Biodiversity, Conservation &

Attractions

Neutral

Please be advised that the Parks and Wildlife Service of the Department of Biodiversity, Conservation and Attractions has no comments with regards to the above road closure proposal.

3 Landowner Support

As set out in our proposal dated 4th April 2019, we strongly support the proposed road realignment in order to facilitate the development of the land bounded by Cranleigh Street, Lord Street, Drumpellier Drive and an unmade road reserve in accordance with the Dayton Commercial Centre Structure Plan No.3, approved by the WAPC on 17th May 2019.

The Dayton Commercial Centre has been identified for commercial development in numerous strategic

planning documents for over 10 years. In order to facilitate the subdivision and development of the Centre for a variety of commercial activities, it is necessary to realign (and subsequently close) the identified portion of Repton Street.

In accordance with the approved Structure Plan, Repton Street is planned to be realigned to intersect with the existing Lord Street which runs along the eastern boundary of the structure plan area. The realignment also enables the creation of commercially developable land parcels in the northern portion of the structure plan area. Following closure, it is proposed that the closed portion of road be amalgamated with Lot 1 to form these regular land parcels.

We therefore reiterate our support for the proposed

road realignment, and following the mandatory public

notification period of 35 days, we request that the

matter be presented to the next available Ordinary

Meeting of Council to resolve to make a request to the

Minister for Lands to permanently close the subject

portion of road in accordance with Regulation 9 of the

Land Administration Regulations 1998.

References

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