26 October 2015 - Agenda - No 4
Transcription
26 October 2015 - Agenda - No 4
Southern Joint Development Assessment Panel Agenda Meeting Date and Time: Meeting Number: Meeting Venue: 26 October 2015; 12pm SJDAP/4 City of Busselton 2 Southern Drive, Busselton Attendance DAP Members Ms Stacey Towne (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Anthony Casella (Specialist Member) Cr Terry Best (Local Government Member, City of Busselton) Cr Grant Henley (Local Government Member, City of Busselton) Officers in attendance Mr Paul Needham (City of Busselton) Ms Joanna Wilson (City of Busselton) Ms Stephanie Izzard (City of Busselton) Local Government Minute Secretary Ms Joy Reading (City of Busselton) Applicant/s and Submitters Mr Matt Young (RPS Australia East on Behalf of Tobys Inlet Estate Pty Ltd) Mr Gordon Genat (Novacare Busselton Village Pty Ltd) Mr Stephen Genat Members of the Public Nil 1. Declaration of Opening The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held. 2. Apologies Nil 3. Members on Leave of Absence Nil Version: 1 Page 1 4. Noting of Minutes Note the Minutes of the Southern JDAP meeting No.3 held on the 14 September 2015. 5. Declarations of Due Consideration Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter. 6. Disclosure of Interests Nil 7. 8. Deputations and Presentations 7.1 Mr Paul Needham (City of Busselton) presenting for the application at Item 8.1. The presentation will explain why the proposal, whilst being unquestionably premature, should be supported on the basis that the substantive problems that might be caused by that prematurity have been considered and effectively addressed, including via recommended conditions of approval. 7.2 Mr Matt Young (RPS Australia East on Behalf of Tobys Inlet Estate Pty Ltd) presenting for the application at Item 8.1. The presentation will speak in favour of the recommendation, but query a number of recommended conditions, particularly Condition c) xxi) relating to the wording of the legal agreement; Condition d) in regard to contribution towards cash-in-lieu for public open space. Form 1 - Responsible Authority Reports – DAP Application/s 8.1 Property Location: Application Details: Applicant: Owner: Responsible authority: DoP File No: 9. Lot 21 Commonage Road, Quindalup Aged Persons Complex – Aged care accommodation and associated community and administration facilities (Stage 1) RPS Australia East Pty Ltd on behalf of Toby’s Inlet Estate Pty Ltd Indian Ocean Island Estates Pty Ltd City of Busselton DAP/15/00878 Form 2 – Responsible Authority Reports - Amending or cancelling DAP development approval Nil 10. Appeals to the State Administrative Tribunal Nil 11. General Business / Meeting Closure Version: 1 Page 2 SJDAP/3 14 September 2015 Minutes of the Southern Joint Development Assessment Panel Meeting Date and Time: Meeting Number: Meeting Venue: 14 September 2015; 10:00am SJDAP/3 Department of Planning 140 William Street Perth Attendance DAP Members Ms Sheryl Chaffer (A/Presiding Member) Mr Anthony Casella (A/Deputy Presiding Member) Cr Peter Robinson (Local Government Member, Shire of Dardanup) – via teleconference Cr Michael Bennett (Local Government Member, Shire of Dardanup) – via teleconference Officers in attendance Ms Kath La Nauze (Department of Planning) – via teleconference Mr Jake Whistler (Shire of Dardanup) – via teleconference Mr Robert Quinn (Shire of Dardanup) – via teleconference Department of Planning Minute Secretary Ms Natalie Garland Ms Zoe Hendry Applicants and Submitters Mr Ross Underwood (Planning Solutions) Mr Michael Prosser (Citygate) – via teleconference Members of the Public Nil 1. Declaration of Opening Due to the absence of the Presiding Member, in accordance with section 2.4.1 of the Standing Orders 2012, the Deputy Presiding Member Sheryl Chaffer took the chair and declared the meeting open at 10:10am on 14 September 2015. The Acting Presiding Member acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held. The Presiding Member announced the meeting would be run in accordance with the Development Assessment Panel Standing Orders 2012 under the Planning and Development (Development Assessment Panels) Regulations 2011. Ms Sheryl Chaffer A/Presiding Member, Southern JDAP Page 1 SJDAP/3 14 September 2015 The Presiding Member advised that the meeting is being audio recorded in accordance with Section 5.16 of the Standing Orders 2012; No Recording of Meeting, which states: 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.' The Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only. 2. Apologies Nil 3. Members on Leave of absence Panel member, Ms Stacey Towne, has been granted leave of absence by the Minister for the period of 17 August 2015 to 18 September 2015 inclusive. 4. Noting of minutes Minutes of the Southern JDAP meeting No. 2 held on 1 September 2015 were noted by DAP members. 5. Declaration of Due Consideration All members declared that they had duly considered the documents. 6. Disclosure of interests Nil 7. Deputations and presentations Nil 8. Form 1 - Responsible Authority Reports – DAP Application Nil 9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP development approval 9.1A Property Location: Application Details: Applicant: Owner: Responsible authority: DoP File No: Lot 1108 Recreation Drive, Eaton Application for Amendment of a Development Assessment Panel Determination - Eaton Fair Shopping Centre Redevelopment Citygate Properties Pty Ltd Citygate Properties Pty Ltd Shire of Dardanup DAP/13/00465 REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Michael Bennett Ms Sheryl Chaffer A/Presiding Member, Southern JDAP Seconded by: Cr Peter Robinson Page 2 SJDAP/3 14 September 2015 That the Southern JDAP resolves to: 1. Accept that the DAP Application reference DAP13/00465 as detailed on the DAP Form 2 dated 1 September 2015 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011; 2. Approve the DAP Application reference DAP13/00465 as detailed on the DAP Form 2 date 1 September 2015 and accompanying plans 1EF/Firstdraft/01.09.2015 in accordance with the provisions of the Shire of Dardanup Town Planning Scheme No. 3 and Greater Bunbury Region Scheme, for the proposed minor amendment to the approved Eaton Fair Shopping Centre Redevelopment at Lot 1108 Recreation Drive, Eaton, subject to: Amended Conditions 1. This decision constitutes planning approval only and is valid for a period of two (2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect. Advice Notes Nil All other conditions and requirements detailed on the previous approval dated 1 August 2013 shall remain unless altered by this application. The Report Recommendation/Primary UNANIMOUSLY. 9.1B Property Location: Application Details: Applicant: Owner: Responsible authority: DoP File No: Motion was put and CARRIED Lot 1108 Recreation Drive, Eaton Eaton Fair Shopping Centre Redevelopment – Amended Plan Citygate Properties Pty Ltd Citygate Properties Pty Ltd Western Australian Planning Commission DAP13/00465 REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Michael Bennet Robinson Seconded by: Cr Peter That the Southern JDAP resolves to: 1. Accept that the DAP Application reference DAP/13/00456 as detailed on the DAP Form 2 dated 1 September 2015 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011; Ms Sheryl Chaffer A/Presiding Member, Southern JDAP Page 3 SJDAP/3 14 September 2015 2. Approve the DAP Application reference DAP/13/00456 as detailed on the DAP Form 2 date 1 September 2015 and accompanying plans 150901 1562 Change of Use.dwg Revision 1/EF/First Draft/01.09.2015 in accordance with the provisions of the Greater Bunbury Region Scheme, for the proposed minor amendment to the approved Eaton Fair Shopping Centre Redevelopment at Lot 1108 Recreation Drive, Eaton, subject to: Amended Conditions 1. This decision constitutes planning approval only and is valid for a period of 2 years from the date of approval. If the subject development is not substantially commenced within the 2 year period, the approval shall lapse and be of no further effect. 2. The development taking place generally in accordance with the approved plan attached to this approval The Report Recommendation/Primary UNANIMOUSLY. 10. Motion was put and CARRIED Appeals to the State Administrative Tribunal Nil 11. General Business / Meeting Close There being no further business, the presiding member declared the meeting closed at 10:18am. Ms Sheryl Chaffer A/Presiding Member, Southern JDAP Page 4 Form 1 - Responsible Authority Report (Regulation 12) Property Location: Application Details: DAP Name: Applicant: Owner: LG Reference: Responsible Authority: Authorising Officer: Department of Planning File No: Report Date: Application Receipt Date: Application Process Days: Attachment(s): Lot 21 Commonage Road, Quindalup Aged Persons Complex – Aged care accommodation and associated community and administration facilities (Stage 1) Southern Joint Development Assessment Panel RPS Australia East Pty Ltd on behalf of Toby’s Inlet Estate Pty Ltd Indian Ocean Island Estates Pty Ltd DA15/0419 City of Busselton Paul Needham Director Planning and Development Services DAP/15/00878 5 November 2015 14 August 90 Days 1 Location/Site/Aerial Plan 2 Development Plans and Elevations 3 Copies of responses received from statutory or public authorities Officer Recommendation: That the Southern Joint Development Assessment Panel (JDAP) resolves to: 1. Approve DAP Application reference DAP/15/00878 and accompanying plans DA-01 to DA-05, DA – 07 and DA - 12 in accordance with Clause 11.3 of the City of Busselton Local Planning Scheme Planning Scheme No.21, subject to the following conditions: Conditions: General Conditions a) The development hereby approved shall be substantially commenced within two years of the date of this decision notice. b) The development hereby approved shall be undertaken in accordance with the signed and stamped, approved plan(s) (enclosed), including any notes placed thereon in red by the City and except as may be modified by the following conditions. Prior to Commencement of Any Works Conditions: c) The development hereby approved, or any works required to implement the development, shall not commence until the following plans or details have been submitted to the City and have been approved in writing: Page 1 i) Plans that satisfactorily address the following required design changes and as may be indicated in red on the Approved Development Plan(s): I. The future (20 metre wide) road reserve along the southern boundary of the site to be shown entirely within Lot 21 Commonage Road, Quindalup; II. Changes to the internal road layout in accordance with the Vehicle Turning Circle Plans (Appendix 3) of the Transport Impact Statement dated July 2015 Revision B prepared by KCTT, unless otherwise agreed by the City in writing; ii) An urban water management plan; iii) Details of sewerage disposal; iv) Details of type and colour of all external materials to be used for the Sales Office, Community and Recreational buildings; v) A detailed plan which shows natural ground levels, finished ground levels and finished floor levels of the Sales Office, Community and Recreation buildings; vi) A hard and soft Landscape Plan, the plan should include the 30 metre landscape setback proposed to Commonage Road; vii) Satisfactory arrangements shall be made with the City to provide public art works, this entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"), where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required; viii) Details of the proposed bin storage areas including, but not limited to, the design and the materials to be used in their construction; ix) A Mosquito Management Plan; x) A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificates of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan), the notification is to state as follows: “This lot is in close proximity to known mosquito breeding areas. The predominant mosquito species is known to carry viruses and other diseases.” xi) An Acid Sulfate Soil Investigation and Management Plan; xii) A Dust Management Plan detailing measures to be implemented to minimise the amount of dust pollution; Page 2 xiii) Details of retirement villages signage, including but not limited to the design, materials and levels of illumination; xiv) Details including sealing and marking of the car parking bays, roads and footpaths, including lighting; xv) Details of the bicycle parking facilities, including the location, design and materials; xvi) A detailed plan of the proposed service yard north of the community facilities that shows the service yard’s ability to accommodate up to 2 services vehicles for the sales office and the community facilities; xvii) Detail of works to Commonage Road to allow for access / egress; xviii) Easement(s) in accordance with Sections 195 and 196 of the Land Administration Act 1997 for the benefit of public access are to be placed on the certificate(s) of title of the proposed Lot 21 specifying access rights, notice of this easement(s) is to be included on the diagram or plan of survey (deposited plan), the easement(s) are to state as follows: “The footpath shall be made available to the benefit of the public. xix) A refuse management plan indicating the method of rubbish collection; xx) A Legal Agreement between the applicant and the City being entered into, at the full cost of the applicant, which demonstrates that the development will be restricted to occupancy by aged (over 55’s) persons; xxi) A Legal Agreement between the applicant and the City being entered into, at the full cost of the applicant, for the transfer of land being five (5) metres in width along the western lot boundary (Commonage Road) for future road widening purposed to the City; xxii) A Legal Agreement between the applicant and the City being entered into, at the full cost of the applicant, for the transfer of land being 20 metre in width along the southern lot boundary for “Future Road Reserve” to the City. d) The development hereby approved, or any works required to implement the development, shall not commence until the following contributions have been paid to the City: i) A contribution of $18,510.30 towards Road Network Upgrading in the Dunsborough & Quindalup Precinct; ii) A contribution of $9,755.64 towards Dual Use Path Network Upgrading in the Dunsborough & Quindalup Precinct; iii) A contribution of $27,432.00 towards community facilities in the Rural Remainder Precinct; iv) A contribution of $684.54 towards Mosquito Control; Page 3 v) A cash-in-lieu contribution by the landowner/applicant to the local government in lieu of the provisions of public open space equivalent to 8% of the development area. Prior to Occupation/Use of the Development Conditions: e) The development hereby approved shall not be occupied or used until all plans, details or works required by Conditions c) & d) have been implemented. On-going Conditions: f) The following conditions are to be met on an ongoing basis to the satisfaction of the City for the life of the development (unless otherwise specified): i) All works and actions required by Condition c) are to be maintained; ii) Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, as assessed by the City are seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved. Advice Notes 1. If the applicant and/or owner are aggrieved by this decision, there may be a right of review under the provisions of Part 14 of the Planning and Development Act 2005. A review must be lodged with the State Administrative Tribunal, and must be lodged within 28 days of the decision being made by the City of Busselton. 2. This Decision Notice grants planning consent to the development the subject of this application (DA15/0419). It cannot be construed as granting development approval for any other structure shown on the approved plans which was not specifically included in this application. 3. Please note it is the responsibility of the applicant / owner to ensure that, in relation to substantial commencement, this development approval remains current and does not lapse. The City of Busselton does not send reminder notices in this regard. 4. With respect to Condition (c) (vii), applicants are encouraged to review the Percent for Art Policy Step by Step Guide for Developers which can be viewed on the City's website at www.busselton.wa.gov.au and liaise with the City's Cultural Development Officer at the earliest possible opportunity. 5. It is the responsibility of the applicant/owner to ensure that all relevant approvals have been received from the City’s Environmental Health Department under the following legislation: i) Food Act 2008 and Food Regulations 2009; and the Australian and New Zealand Food Authority (ANZFA) Food Safety Standard; ii) Health (Aquatic Facilities) Regulations 2007; and iii) Caravan Parks and Camping Grounds Act 1995 and Regulations 1997. Page 4 6. The landowner/applicant shall make arrangements with the Water Corporation for the provision of the necessary services. On receipt of a request from the landowner/applicant, a Land Development Agreement under Section 67 of the Water Agencies (Powers) Act 1984 will be prepared by the Water Corporation to document the specific requirements for the proposed. 7. The Water Corporation have advised that the existing sewerage main in Commonage Road would not be able to handle flow from this development as well as previously planned flows from the current catchment. As an interim/temporary measure, Water Corporation have suggested that the whole flow may need to be pumped via a private/temporary pump and pressure main to a discharge point at Access Chamber 1156 at the intersection of Aldercress Approach and Birkdale Green. The feasibility of this approach still needs to be verified. This will need to be further refined by the developer and the Water Corporation. 8. In accordance with the provisions of the Building Act 2011 and Building Regulations 2012, an application for a building permit must be submitted to, and approval granted by the City, prior to the commencement of the development hereby permitted. Background: Property Address: Zoning - LPS No.21: Use Class: Development Scheme: Lot Size: Existing Land Use: Value of Development: Lot 21 Commonage Road, Quindalup Agriculture - Special Provision 53 (Caravan Park with up to 15% permanent residents Schedule 7 of LPS 21) Aged Persons Home Retirement Village - Use not listed Local Planning Scheme No. 21 12.1560 Hectares. Vacant $8,595,000 The application proposes the development of Stage 1 of a master plan for a new lifestyle retirement village. The Master Plan comprises four stages proposing a range of uses including separate residential residences (187), community and recreation facilities, market garden, landscaped areas, caravan parking, provisions for future residential aged care facility (built and run by another entity) and a new road to the south of the Master Plan site. Stage 1 proposes the community and recreation facilities, residential lots, sales office, parking and landscaping. The application site is located to the south-east of the Dunsborough town site, on the south-east of Commonage Road, south of the intersection with Caves Road. The site is accessed off Commonage Road, which also provides access to Dunsborough Enterprise Park which is located directly opposite the site and Dunsborough Lakes, to the north-west. Directly to the north of the site is Dunsborough Lakes Holiday Resort and Caravan Park. There is a current development application with the City to extend the camping area directly to the east of the site (DA15/0420). Agricultural land is located to the east and south of the site, with Commonage Road running along the Page 5 western boundary, which is mostly lined by established trees. A number of tourist chalets are located approximately 300 metres south of the site. The site is currently vacant and has been previously approved for the purpose of caravan and camping site. This approved use has undergone a number of modifications over the years. In November 2012 the Minister for Planning granted approval for Town Planning Scheme No. 20 Amendment 171. The Amendment introduces Special Provision 53 over Lot 21 which allowed for the use of up to, but no more than, 15% of any future caravan sites developed on-site with no restriction on length of stay, with the remainder of the sites to be for short-stay purposes only. This site has remained undeveloped. Details: outline of development application RPS Australia East Pty Ltd on behalf of Toby’s Inlet Estate Pty Ltd has lodged an application with the City of Busselton for the first stage development of a new lifestyle retirement village, which has been designed for seniors ‘over 65s’. The overall master plan for this site comprises 4 stages. Stage 1 comprises the current development application; subsequent stages will comprise Independent Living Units (ILUs), apartments and residential aged care facilities and caravan parking. The application (Stage 1) includes the following components: • • • • • • • • • • Total site area - 26,197m2; Community and recreation facilities; 36 independent living units; 35 car parking bays; Sales office; Landscape and paving areas - 5.699m2; Parking and Service Vehicle area – 1,132m2; Road area and median strip – 4,036m2; 30m landscape setback is proposed to Commonage Road; and The site has a single access point on to Commonage Road, however, the overall site master plan shows a future road reserve to the south of the lifestyle village site which will access on to Commonage Road, this road reserve is half on the proposed lifestyle village site and half on the adjoining property to the south however is to be required, via condition of approval, to be wholly contained within the subject site. Community and Recreation Facilities This element of the proposal (Stage 1) will provide a central community and recreational facility including restaurant, lounge, café, hairdresser, library, arts and crafts room, meeting rooms, recreation hall, cinema, club house, swimming pool, gym, spa, bowling greens, community gardens and landscape grounds. The community and recreation facilities built form is broken down as follows: • Total community facilities site area – 9,550m2 • Total community facilities floor area – 2,084m2 • Total community facilities verandah area - 1,005m2 • Community facilities will be 1 storey high, with height ranging from 3m – 5.7m. • 27 visitor car parking bays Page 6 • Bowling Green - 1,104m2 The community and recreation facilities will be staged in their construction, with the recreation hall, clubhouse, cinema, swimming pool / sap / gym and bowling green developed in two sub stages. Hours of operation for these facilities provided are likely to be 9am to 5pm. 36 Independent Living Units Independent living units (ILUs) will be developed in clusters of 15 to 20 around the central boulevard and community facilities to create distinct smaller groupings within the larger village layout: • • • Total area for housing lots (ILUs) - 10,774m2 33.5 dwellings per hectare Average housing lot area – 290m2 Various alternative accommodation solutions will be offered on site to cater for either couple or single residents. These ILUs will be leased to residents, and the estate will not be subdivided or strata titled. The ILUs will be progressively built once the sites are leased and the preferred housing design is selected. The property will be owned by Toby’s Inlet Estate Pty Ltd: • • • • • Toby’s Inlet Estate Pty Ltd will enter into lease agreements with future village residents. The Village Scheme Lease agreement will be as set out in the Retirement Villages Act 1992 and Code of Fair Practice for Retirement Villages 2015. The term of the Lease is for a period of 45 years or earlier on the death of the resident or last surviving resident or if lease is surrendered or terminated. At least one resident has to be over 55 (as defined in the Retirement Villages Act 1992). Memorials are also placed on the site to ensure the land is maintained for retirement living purposes (in order to protect the interest in these leases). To provide flexibility to this estate it has been requested that the ILU building options are able to be selected by individual owners and built progressively. The options are outlined below: Wagtail House – • Approximately 200m2 • Approximately 4.2m high • 1 Bedroom • 1 Master bedroom with ensuite • Living / kitchen area • Laundry • Bathroom • Study • Verandah and porch Page 7 • • Double garage Skillion roof Corella House – • Approximately 210m2 • Approximately 3.7m high • 1 Bedroom • 1 Master bedroom with ensuite • Living / kitchen area • Laundry • Bathroom • Study • Verandah and courtyard • Double garage • Pitched roof Kookaburra House – • Approximately 210m2 • Approximately 4m high • 1 Bedroom • 1 Master bedroom with ensuite • Living / kitchen area • Laundry • Bathroom • Study • Verandah, porch and courtyard • Double garage • Skillion roof Wattlebird House – • Approximately 210m2 • Approximately 4m high • 1 Bedroom • 1 Master bedroom with ensuite • Living / kitchen area • Laundry • Bathroom • Study • Verandah, porch and courtyard • Double garage • Hip roof These ILUs will be the subject of separate development approval and building permit applications. Sales Office The sales office will be located to the south west of the Stage 1 site, adjacent to the main site entrance. Sales office floor area – 103m2 Page 8 Visitor car parking bays - 8 Legislation & policy: Legislation Planning and Development Act 2005 City of Busselton Local Planning Scheme No.21 • • • • • • • • • • Clause 4.2.6 - Objectives and Policies of the Zone Clause 4.4.2 – Use not listed Clause 5.8 – Height of Buildings Clause 5.35 – Setback requirements in the Agricultural Zone Clause 6.3 – Special Provision Area (Schedule 3) Clause 7.4 - Structure Plans Clause 7.7 - Developer Contribution Plans Clause 10.4 – Advertising of Certain Applications Clause 11.2 – Matters to be Considered Clause 11.3 – Determination of Applications State Government Policies • State Planning Policy 3 Urban Growth and Settlement • State Planning Policy 3.6 Development Contributions for Infrastructure • State Planning Policy 6.1 Leeuwin-Naturaliste Ridge (LNRSPP) Local Policies Draft Local Planning Strategy The implications of the draft Local Planning Strategy are outlined under ‘Dunsborough Future Growth’ in the Planning Assessment section of this report. Development Contributions Policy 6 – Percent for Art (Local Planning Policy 6.2) All development proposals for multiple dwellings, grouped dwellings, mixed use, commercial, civic, institutional, educations projects or public works of a value greater than $1,000,000 indexed to the Local Government Cost Index (LGCI) from February 2008, shall be regarded as eligible proposals under these provisions. The cost of any public art provided under these provisions shall be no less than one percent of the value of the eligible proposal and shall be provided on site or as a cash-in-lieu payment. The proposed development is located within the ‘Rural Reminder’ Development Contributions Area; therefore the following contributions also apply under Local Planning Policy 6: • Road upgrade & construction contributions • Footpath & Duel-use Path construction contribution • Drainage Contributions • Mosquito Control Contribution Page 9 • Community Facilities Rural Reminder General Development and Process Standards Policy - Car Parking Provisions (Local Planning Policy 8.1) The proposed development application is accompanied by a Traffic Impact Assessment (TIA) The following sets out the parking requirements and proposal for this development. Car Parking Requirements Land Use Yield (GRA) NLA (GLFA) Stage 1 & Max of 15 employees Community Recreation Facilities Independent Living 36 units Units Sales Office. 103m2 103 m2 Total for Stage 1 Independent Units Total 1 parking space to employee 1 parking space per dwelling, 0.25 parking spaces per dwelling 1 space per 30m2 15 36 9 4 64 Living 104 units Stage 2 Total for Stage 2 Independent Units Requirement Living 46 1 parking space per 104 dwelling, 0.25 parking 26 spaces per dwelling 130 Stage 3 1 parking space per 46 dwelling, 0.25 parking 12 spaces per dwelling Total for Stage 3 58 Total of proposed development for first three stages 252 The master plan area has a total requirement for 252 standard parking bays as a requirement for residents and their visitors and 17 parking spaces for employees in the facilities (it is understood that some of the residents will be employed or volunteer within the facilities). The proposed development is offering 370 parking bays for residents (as double garages), 35 parking bays for visitors and employees and 34 caravan parking spaces. Stage 1 will provide 72 on-site car parking spaces for residents and visitors. This development application includes 36 residential lots; the application does not include detailed design of these lots. However, the design concept plans do indicate that all options will have a double garage. Stage 1 also provides 27 car parking spaces for employees and visitors of the community recreation facilities, a maximum of 15 spaces for employees and 12 spaces for visitors. The sales office will provide 8 car parking spaces for two employees and visitors. A total of 107 car parking spaces will be provided at Stage 1 including 1 ACROD parking bay in the social/recreational component of the proposed development. Page 10 Provided that the community and leisure facilities are only to be utilised by residents, these parking figures are considered acceptable. Bicycle Parking Requirements Land Use Yield NLA (GRA) (GLFA) Stage 1 Community & Max of 15 employees Recreation Facilities Independent Units Living 36 units Sales Office. 103m2 103 m2 Total for Stage 1 Requirement Total Employee Parking Spaces: 2 per 4 employees 1 bicycle space to each 3 dwellings; 1 bicycle space to each 10 dwellings visitors. 2 per 3002m for employee parking spaces (GFA) and 2 per 500m2 15 12 4 4 22 It is likely that the residents of the dwellings will be able to store their bicycles (16 required spaces) and equipment within their garages, and also provide visitor parking outside or in their own garage if necessary. Six bicycle spaces will be provided for employees in Stage 1, located around the community/ recreation facilities and sales office. Details of these spaces will be conditioned. The total delivery and service parking requirements for Stage 1 is three bays. The service yard north from the community facilities will need to be redesigned to accommodate comfortably up to two service vehicles for the sales office and the community facilities although it is not expected that service vehicles will utilise this space concurrently. Road pavement for the internal road network has sufficient width to cater for the requirements of servicing vehicles attracted by the residential component of the proposed development. The Traffic Impact Assessment does highlight (within Appendix 3 – Vehicle Turning Circle Plans) a number of proposed minor road designs to align with the service vehicle swept paths analysis carried out. Consultation: Public Consultation The application was formally advertised in the local newspaper for a period of 14 days expiring on the 16 September 2015. Adjoining landowners were also notified via letter. One submission was received which was a letter of support. Consultation with other Agencies or Consultants Page 11 Consultation was undertaken with Department of Water and Water Corporation. No other agencies were identified as requiring consultant. The advice received from each agency is summarised below. Department of Water The Department of Water has noted that this development application includes a Local Water Management Strategy (LWMS) (Revision E dated 16/09/15), which the Department and the City have assessed and found to meet their requirements. It is noted that this does not provide exemption to gain any statutory local government or other agency planning approvals, nor other approval that may be required under the Rights in Water and Irrigation Act 1914, relating to water allocations, dewatering licences and permits to interfere with beds and banks of water courses. In the event there are modifications to the plan that may have implications on aspects of water management and hence the LWMS, the Department should be notified to enable the implications to be assessed. Water Corporation It is noted that the development has been planned within one lot; therefore the Corporation’s services will be available from Commonage Road. All other services to the individual buildings will be private. Reticulated water will be able to be made available to the subject area. It was previously stated that reticulated sewerage (by gravity) can be made available to serve part of the subject area, and the remainder of the lot will need to be pumped. In order to confirm the ability to service under this approach, the Corporation would need to do a full planning review incorporating the proposed Local Planning Strategy. A recent interim review has indicated that the existing sewerage main in Commonage Road would not be able to handle flow from this development, as well as other previously planned flows from the current catchment. As an interim/temporary measure, the whole flow may need to be pumped via a private/temporary pump and pressure main to a discharge point at an alternative sewer main located at the intersection of Aldercress Approach and Birkdale Green. The feasibility of this approach still needs to be verified. Wastewater planning incorporating the proposed Local Planning Strategy (it is understood this may not be available until 2017) will be conducted to assess servicing for this development incorporating the wider system. The proposed water and wastewater reticulation extensions/strategy outlined in the report will need to be further refined by the developer’s consultant engineers at the development stage in consultation with the Water Corporation’s Land Servicing Section. The subject area falls within the Busselton Drainage District. The Water Corporation’s drainage system can only accept predevelopment flow; hence the developer will need to compensate any additional flows on their own lands. Page 12 The principle followed by the Water Corporation for the funding of subdivision or development is one of user pays. The developer is expected to provide all water and sewerage reticulation. In addition the developer is to fund new works or the upgrading of existing works and protection of all works. A contribution for Water, Sewerage and Drainage headworks may also be required. Planning assessment: The proposed development is located within the “Agricultural” zone within the City of Busselton Local Planning Scheme 21. The applicant considers that the proposed use class falls under “Aged Persons Home” and that the local government can exercised its discretion by granting planning approval after giving special notice in accordance with clause 10.4 of TPS21 (“A” land use under the zoning table). The definition of Aged Persons Home in TPS21 is “a building or group of buildings used primarily as a residence for aged persons and may include a hostel and/or nursing home.” However, it is considered that the proposed Stage 1 development is more accurately referred to as a Retirement Village, defined under TPS21 as “any land or buildings used to accommodate retirees, together with ancillary facilities, but does not include Park Home Park.” This is a “Use not listed” within the zoning table and falls under Clause 4.4.2 of the Scheme, this gives the local government the discretion to determine whether or not the use proposed is consistent with the objectives of the permitted zone. Prematurity Issue Given the nature of the proposed development, retirement village with recreational facilities, it is considered that the proposal is an urban development. The site is not within an urban development zone, it is within the “Agricultural” zone in accordance with LSP21. In accordance with Clause 4.2.6(f) of the LPS21, an objective of the Agriculture zone is “To exclude urban development. Any such land adjacent to existing urban areas and identified as generally suitable for urban development may be used for urban development after it has been suitably rezoned”. Therefore the proposal could very reasonably be considered premature in this location because it does not have the appropriate zoning or structure planning. The proposed site is identified by the draft Local Planning Strategy (LPS) as a potential greenfield urban growth area ‘Quindalup South 16’, where district level structure planning is required before subdivision and development can take place. The draft LPS has not yet been advertised and is currently with the WAPC for consent to advertise. It is expected that the draft LPS will go before the South West Regional Planning Committee mid-November. It is anticipated that a decision will be received to adopt the LPS with minor modifications, but that the site will be part of an identified, future urban growth area. Officers estimate that the draft LPS is likely to be advertised publicly in early 2016. The ‘indicative structure plan’ provided by the applicant has been designed around and in response to the aged persons development proposal for Lot 21, rather than the normal process whereby structure planning determines the best location for different land uses, and incorporates a robust local/district road network accordingly. Therefore officers do not consider this ‘indicative structure plan’ represents orderly and proper planning of this area and should not be considered to have any weight in the determination of this proposal. Page 13 The City would nevertheless like to facilitate this proposal however the problem caused by this being a premature development is its locational impact on Dunsborough’s future growth. Impact on Dunsborough’s Future Growth This site is very important in the long term development of Dunsbourough and vital to its future growth in south easterly direction, which is the only direction in which Dunsborough can expand physically. The State Planning Policy 6.1 Leeuwin-Naturaliste Ridge (LNRSPP) identifies Dunsborough as one of three highest order settlements with a permanent ultimate population of up to 20,000. The Development Investigation Area in the LNRSPP for the potential growth of Dunsborough is limited to Lot 6 Commonage Road (53 hectares and currently zoned ‘Industrial’). The land has been zoned for industrial purposes for many years, but never developed. The size of the Development Investigation Area combined with environmental constraints as identified in the Local Environmental Planning Strategy (poorly represented vegetation) means it cannot provide sufficient land needed for Dunsborough to grow to 15,000+ people. Dunsborough’s current growth is largely reliant on two existing estates, Dunsborough Lakes and to a lesser extent Cape Rise. For Dunsborough to grow to 15,000+, the draft LPS has identified that both consolidation and physical expansion of the town will be necessary. Physical expansion is constrained by: Meelup Regional Park and rural residential land to the north; environmental and visual landscape considerations to the west; the existing Commonage rural-residential area to the southwest and wetlands/other environmental considerations to the east (specifically the area between Caves Road and the Vasse-Dunsborough Link alignment). The land generally in a south/south east direction from Dunsborough Lakes is the least environmentally constrained and is generally flat and for those reasons is identified within the draft LPS as a mediumterm urban growth area (Quindalup South 16). The proposed retirement village is located in this area. The City’s land/dwelling supply projections suggest that Quindalup South (16) is likely to be required to be delivering lots by around 2021 (for dwellings to be created by around 2023), otherwise there is likely to be little or no new land supply in Dunsborough. The landownership pattern in the Quindalup South (16) area is fragmented and market choice, supply and competition within the Dunsborough urban area is likely to remain limited. For these reasons, planning processes are likely to take longer and therefore the commencement of structure planning on final adoption of the LPS is supported. Planning for Quindalup South should involve the preparation of a districtlevel structure plan, consistent with Liveable Neighbourhoods, to deliver planned, integrated settlement expansion for Dunsborough to accommodate 5,000 people and also consider providing for the following: • • • • Secondary commercial centre Residential development cells Public high school site Industrial & service commercial area Page 14 • • • Robust district road network to facilitate longer term growth (and strengthen links to Caves Road via Biddle Road) District recreational open space Environmental corridor(s)/conservation areas The problem with the proposed retirement village development site is that a development here will only addresses a portion of the land identified for future development in the draft LPS. It does not address land holdings located to the east and south east (Lot 726 and the remainder of Lot 2761 and beyond) which are also located within the future development area. The indicative master plan that accompanies this development application does propose a future road reserve to potentially facilitate access to landholdings to the east and south east. This future road reserve is proposed half on Lot 21 and half on Lot 22. Although this will help facilitate development to the south, it has the potential, if Lot 22 is not developed, to prevent development to the east resulting in lots becoming land locked until Lot 22 is developed. Officers do not consider this to be an acceptable outcome and consider that the future road reserve should be provided for entirely on Lot 21 with the land ceded to the City to support the further development potential of landholdings to the east of the proposed site. This approach would be acceptable to the City as it will help to facilitate the future development of Dunsborough as set out within the draft LPS. Stage 3 of the retirement village mater plan will need to be revisited in order to accommodate the road reserve. This development would not be acceptable if the road reserve was not provided wholly on the proposed retirement village site officers consider that it would adversely prejudice the planned future grown of Dunsborough, resulting from the prematurity issue. Although it is the City’s view that the proposal is premature due to lack of appropriate zoning and structure planning, it is noted that the Department of Planning (DoP) broadly support this area to be zoned Urban in line with the City’s draft LPS. It is considered that the proposed development would sit well in this location given the existing surrounding uses, such as the Dunsborough Lakes Holiday Resort to the north, Dunsborough Lakes Enterprise Park to the west and Dunsborough Lakes residential development to the north-west. It is considered that this type of development (retirement village) could be beneficial to the Dunsborough community, catering for the long term needs of an aging population as is indicated in the current population trends. By approving this development at this time, however, future structure planning options will be compromised and this development will not be required to participate in cost-sharing and additional developer Contribution requirements that are likely to apply to other developments in this planned urban growth area. Other Issues Considered Independent Living Units (ILU) The site density of Stage 1 is 33.5 dwellings per hectares. The residential density proposed is considered acceptable in this area. If the site was zoned within the urban Page 15 area, Stage 1 would closely align to R-Code 35. The proposed lots have an averages site area of 290m2 per dwelling, which aligns with R35 and is considered acceptable on this site. This development application is to determine the use of these lots as residential units not the detail design. Although the applicant has provided 4 indicative house concept designs these do not form part of the overall determination for this development application. Sales Office & Community and Recreational Facilities Provided adequate servicing can be achieved and the overall purpose is to serve the retirement village only it is considered that the sales office and community and recreation facilities area acceptable in their proposed location. Adequate parking has been provided and the building heights and design comply with the standards set out in LPS21 and Local Planning Policy. Landscape Buffer along Commonage Road It has been determined that 5 metres of the 30 metres wide buffer of Lot 21 fronting Commonage Road needs to be ceded as a road reserve to enable possible future road widening and construction of four lanes of 3.1 metres each with a central median of 5 metres. Public Open Space It is noted that as prescribed under Development Control Policy 2.3 – Public Open Space in Residential Areas and Livable Neighborhoods the Western Australian Planning Commission’s normal requirement in residential areas is that 10 percent of the gross subdivisible area be given up free of cost by the subdivider and vested in the the Crown under the provisions of Section 20A of the Town Planning and Development Act, 1928 (as amended) as a Reserve for Recreation. In certain circumstances the Commission, in consultation with the Local Government, may require a cash-in-lieu payment in lieu of the provision of land for public open space. The applicant has advised that at no point will the development be subdivided and therefore it is not possible for the provision of public open space to be required at the subdivision stage. However, it is deemed that the development will have a similar impact upon the demand for public open space within the area as a residential subdivision, and were it part of an overall structure planning area, would be subject of POS requirements at subdivision stages. It is therefore considered appropriate to require the applicant/landowner be required to make cash-in-lieu payments towards the provision of public open space. Further to this, as this lot is zoned “Agriculture” it is deemed that the public open space within the locality has not been provided to accommodate for such a large residential development on the site. As some communal recreational facilities are proposed to be provided within the development it is deemed that the provision of public open space, or cash-in-lieu, shall be required at a reduced rate of 8%. Conclusion: The proposed development broadly accords with Local Planning Scheme No. 21 and the draft Local Planning Strategy and it is therefore recommend that the application be approved, subject to conditions. Page 16 Page 17 Attachment 1 – Location Plan Subject Site Disclaimer: Every effort has been made to make the information displayed here as accurate as possible. This process is ongoing and the information is therefore ever changing and can not be disseminated as accurate. Care must be taken not to use this information as correct or legally binding. To verify information contact the City of Busselton office. Lot 21 Commonage Road Quindalup Produced on: Monday, 19 October 2015 Map Scale: 1:6139 Attachment 2 - Development Plans PHLY DESIGN | TOBY’S INLET ESTATE LOGO VILLAGE SITE MASTER PLAN SITE PLAN DA - 01 TOBY'S INLET ESTATE PTY LTD 0 25 50 100 DUNSBOROUGH LIFESTYLE VILLAGE LOT 21 COMMONAGE ROAD, QUINDALUP VILLAGE SITE MASTER PLAN SITE PLAN DRAWN: SG SCALE 1:1000 @ A1 28 JULY 2015 PHLY DESIGN | TOBY’S INLET ESTATE LOGO SITE PLAN DA - 02 TOBY'S INLET ESTATE PTY LTD 0 25 50 100 DUNSBOROUGH LIFESTYLE VILLAGE LOT 21 COMMONAGE ROAD, QUINDALUP SITE PLAN SITE PLAN DRAWN: SG SCALE 1:1000 @ A1 28 JULY 2015 PHLY DESIGN | TOBY’S INLET ESTATE LOGO 2 STAGE 3 STAGE 2 STAGE 3 STAGE 1 STAGE 2 STAGE 4 2 FUTURE ROAD RESERVE STAGE 3 2 FUTURE ROAD RESERVE VILLAGE STAGING PLAN SITE PLAN DA - 03 TOBY'S INLET ESTATE PTY LTD 0 25 50 100 DUNSBOROUGH LIFESTYLE VILLAGE LOT 21 COMMONAGE ROAD, QUINDALUP VILLAGE STAGING PLAN SITE PLAN DRAWN: SG SCALE 1:1000 @ A1 28 JULY 2015 STAGE 1 SITE AREA ALLOCATION 10,744 m² Total Area for House Lots (ILU's) 290 m² Average House Lot Area Road Area & Median Strip 4,036 m² Total Community Facilities Floor Area 2,084 m² Total Community Facilities Verandah Area 1,005 m² 103 m² Site Office Floor Area 1,104 m² Bowling Green Area L. 31 Parking And Service Vehicle Area 1,132 m² Landscape and Paving Area 5,699 m² L. 33 L. 34 L. 35 L. 36 L. 37 L. 22 L. 21 L. 20 L. 30 26,197 m² Total Site Area Stage 1 L. 32 L. 29 L. 28 L. 27 L. 26 L. 25 L. 24 L. 23 L. 19 L. 18 L. 17 9550m² LOT 1 L. 16 L. 14 L. 15 L.1 L. 2 L. 3 FUTURE ROAD RESERVE SITE PLAN DA - 04 L. 4 L. 5 L. 6 L. 7 L. 8 L. 9 L. 10 L. 11 L. 12 FUTURE ROAD RESERVE TOBY'S INLET ESTATE PTY LTD 0 25 50 100 DUNSBOROUGH LIFESTYLE VILLAGE LOT 21 COMMONAGE ROAD, QUINDALUP SITE PLAN SITE PLAN DRAWN: SG SCALE 1:1000 @ A1 28 JULY 2015 HOUSING SITES SITE FOR FUTURE SERVICED APARTMENT AND RESIDENTIAL AGED CAR FACILITY SITE PLAN DA - 05 HOUSING SITES TOBY'S INLET ESTATE PTY LTD 0 5 25 10 50 20 100 DUNSBOROUGH LIFESTYLE VILLAGE LOT 21 COMMONAGE ROAD, QUINDALUP PROPOSED SITE PLAN COMMUNITY FACILITIES SITE PLAN DRAWN: SG SCALE 1:1000 1:200 @@A1 A1 28 JULY 2015 DA - 07 13910 1250 6090 5580 990 TOBY'S INLET ESTATE PTY LTD SALES OFFICE PLAN & ELEVATIONS DUNSBOROUGH LIFESTYLE VILLAGE LOT 21 COMMONAGE ROAD, QUINDALUP SCALE 1:100 DRAWN: SG 3753 CONSULTANCY DA - 12 3289 8970 VERANDAH 24 SEPTEMBER 2015 OFFICE WC 1929 DISPLAY SPACE FLOOR PLAN SCALE 1:100 GLAZED ALUMINIUM WINDOWS & DOORS RL 9.74 RL 9.74 GLAZED ALUMINIUM WINDOWS & DOORS STEEL FRAME WITH EXTERNAL WALL CLADDING STEEL FRAME WITH EXTERNAL WALL CLADDING LOUVRE BLADE STEEL FRAME PATIO TIMBER DECKING FFL 5.60 FFL 5.60 NGL 5.10 NGL 5.10 NORTH ELEVATION WEST ELEVATION SCALE 1:100 SCALE 1:100 LOUVRE BLADE STEEL FRAME PATIO GLAZED ALUMINIUM WINDOWS & DOORS RL 9.74 RL 9.74 STEEL FRAME WITH EXTERNAL WALL CLADDING STEEL FRAME WITH EXTERNAL WALL CLADDING FFL 5.60 FFL 5.60 NGL 5.10 NGL 5.10 TIMBER DECKING SOUTH ELEVATION SCALE 1:100 EAST ELEVATION SCALE 1:100 Your Ref: Our Ref: Enquiries: Direct Tel: Fax: DA15/0419 JT1 2013 12222 V01 - DEV340366 Frank Kroll 9420 2221 9420 3193 Attachment 3 - Copies of Responses received from statutory or public authorities 14 September 2015 Chief Executive Officer City Of Busselton Locked Bag 1 BUSSELTON WA 6280 Attention of: Kelley Nilsson-Linne Re: Busselton Aged Persons Complex Lot No.21 Commonage Road Quindalup Thank you for your letter dated 26 August 2015. The Water Corporation offers the following comments in regard to this proposal. It is noted that the development been planned within one lot, therefore the Corporation’s services will be available from Commonage Road. All other services to the individual buildings will be private. Reticulated water will be able to be made available to the subject area. Reticulated sewerage (by gravity) can be made available to serve part of the subject area. The remainder of the lot will need to be pumped. The proposed water and wastewater reticulation extensions/strategy outlined in the report will need to be further refined by the developer’s consultant engineers at the development stage in consultation with the Water Corporation’s Land Servicing Section. The subject area falls within the Busselton Drainage District. The Water Corporation’s drainage system can only accept predevelopment flows, hence the developer will need to compensate any additional flows on their own land. The principle followed by the Water Corporation for the funding of subdivision or development is one of user pays. The developer is expected to provide all water and sewerage reticulation. In addition the developer is to fund new works or the upgrading of existing works and protection of all works. A contribution for Water, Sewerage and Drainage headworks may also be required. Should you have any queries or require further clarification on any of the above issues, please do not hesitate to contact the Enquiries Officer. Frank Kroll Senior Development Planner Development Services Your Ref: Our Ref: Enquiries: Direct Tel: Fax: DA15/0419 JT1 2013 12222 V01 - DEV340366 Frank Kroll 9420 2221 9420 3193 21 September 2015 Chief Executive Officer City Of Busselton Locked Bag 1 BUSSELTON WA 6280 Attention of: Kelley Nilsson-Linne Re: Busselton Aged Persons Complex Lot No.21 Commonage Road Quindalup Wastewater Servicing Thank you for your letter dated 26 August 2015, and our previous letter dated 14 September 2015. The Water Corporation has reviewed the approach to providing a wastewater service for the development and offers the following additional comments in regard to this proposal. It was previously stated that reticulated sewerage (by gravity) can be made available to serve part of the subject area, and the remainder of the lot will need to be pumped. In order to confirm the ability to service under this approach, the Corporation would need to do a full planning review incorporating the proposed District Structure Plan. A recent interim review has indicated that the DN225 in Commonage Road would not be able to handle flow from this development, as well as other previously planned flows from the current catchment. As an interim/temporary measure, the whole flow may need to be pumped via a private/temporary pump and pressure main to a discharge point at Access Chamber 1156 (into a DN300) at the intersection of Aldercress Approach and Birkdale Green. The feasibility of this approach still needs to be verified. Wastewater planning incorporating the proposed District Structure Plan (it is understood this may not available till 2017) will be conducted to assess servicing for this development incorporating the wider system. As previously stated, the proposed wastewater reticulation extensions/strategy outlined in the report will need to be further refined by the developer’s consultant engineers at the development stage in consultation with the Water Corporation’s Land Servicing Section. This will incorporate staging of development and services. Please pass this additional information on to the developer or their agents. Should you have any queries or require further clarification on any of the above issues, please do not hesitate to contact the Enquiries Officer. Frank Kroll Senior Development Planner Development Services From: To: Cc: Subject: Date: Attachments: SEEWRAJ Krish Brendan Oversby (Brendan.Oversby@calibreconsulting.co) Ronald Wildschut; WONG Daniel; Bruce Thomas; Kelley Nilsson-Linne LWMS for Lot 21 Commonage Road, Dunsborough Thursday, 17 September 2015 8:32:57 AM Final Shire and DoW comments LWMS Lot 21 Commonage Road 16-09-15.xlsx Revision E of the LWMS for Lot 21 Commonage Road, Dunsborough (dated 16/09/15 and received 16/09/15) meets the requirements of the Department of Water and City of Busselton. A history of the department’s comments and corresponding actions is provided in the attached comment tracking spreadsheet for details. It should be noted that this does not provide exemption to gain any statutory local government or other agency planning approvals, nor other approvals that may be required under the Rights in Water and Irrigation Act 1914, relating to water allocations, dewatering licences and permits to interfere with beds and banks of water courses. In the event there are modifications to the structure plan that may have implications on aspects of water management and hence the LWMS, the department should be notified to enable the implications to be assessed. Yours faithfully, _____________________________________________ Krish Seewraj Senior Engineer Department of Water South West Region Email: krish.seewraj@water.wa.gov.au Phone: 08 9726 4137 Internal Ext: 1137 Fax: 08 9726 4100 Postal: PO Box 261, Bunbury, WA 6231 Location: 35-39 McCombe Road, Bunbury, WA 6230 Disclaimer: This e-mail is confidential to the addressee and is the view of the writer, not necessarily that of the Department of Water, which accepts no responsibility for the contents. If you are not the addressee, please notify the Department by return e-mail and delete the message from your system; you must not disclose or use the information contained in this email in any way. No warranty is made that this material is free from computer viruses.