Minutes Electors' Special Meeting 24 February 2021 - City of Stirling
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Electors' Special Meeting 24 February 2021 Minutes To: The Mayor and Councillors Here within the Minutes of the Electors' Special Meeting of the City of Stirling held Wednesday 24 February 2021 in the City of Stirling Parmelia Room, 25 Cedric Street, Stirling. Michael Quirk | Acting Chief Executive Officer
Our Vision, Mission and Values Vision The City of Stirling will be a place where people choose to live, work, visit and invest. We will have safe and thriving neighbourhoods with a range of housing, employment and recreational opportunities. We will engage with our diverse community to help shape our future into the City of Stirling - City of Choice. Mission To serve the City’s diverse community through delivering efficient, responsive and sustainable services. Values The City of Stirling’s core values are:- • Agile • Approachable • Inclusive • Innovative • Inspiring • Respectful • Transparent Disclaimer Members of the public should note that in any discussion regarding any planning or other application that any statement or intimation of approval made by any member or officer of the City during the course of any meeting is not intended to be and is not to be taken as notice of approval from the City. No action should be taken on any item discussed at a Council meeting prior to written advice on the resolution of the Council being received. Any plans or documents contained in this document may be subject to copyright law provisions (Copyright Act 1998, as amended) and the express permission of the copyright owner(s) should be sought prior to the reproduction.
MINUTES OF THE ELECTORS' SPECIAL MEETING
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TABLE OF CONTENTS
ITEM SUBJECT PAGE
1. OFFICIAL OPENING .................................................................................................. 5
2. ATTENDANCE AND APOLOGIES............................................................................. 5
3. APPROVED LEAVE OF ABSENCE ........................................................................... 6
4. PRESENTATION BY LEAD PETITIONER INCLUDING MOTIONS ........................... 7
4.1 MOTION 1: COMMUNITY CONSULTATION ................................................ 38
4.2 MOTION 2: PARKING MANAGEMENT ........................................................ 39
4.3 MOTION 3: PLANNING POLICY - DESIGN REVIEW PANEL ...................... 40
4.4 MOTION 4: RECOMMEND REFUSAL OF DEVELOPMENT
APPLICATION 19/1906 ................................................................................ 41
4.5 MOTION 5: COUNCIL MAKE A DEPUTATION SUPPORTING THE
REFUSAL OF DEVELOPMENT APPLICATION 19/1906 ............................. 42
4.6 MOTION 6: AMENDMENTS TO THE LOCAL TOWN PLANNING
SCHEME NO.3 .............................................................................................. 43
4.7 MOTION 7: AMENDMENTS TO THE LOCAL PLANNING POLICY
5.7 ................................................................................................................. 44
5. ACKNOWLEDGEMENT BY CITY OF STIRLING OFFICERS .................................. 45
6. PUBLIC QUESTION TIME ....................................................................................... 46
6.1 PUBLIC QUESTION TIME - L LADHAMS .................................................... 48
6.2 PUBLIC QUESTION TIME - A MAUS ........................................................... 49
6.3 PUBLIC QUESTION TIME - W MULLER ...................................................... 51
6.4 PUBLIC QUESTION TIME - S KEMP ........................................................... 52
6.5 PUBLIC QUESTION TIME - P PALFREY ..................................................... 57
6.6 PUBLIC QUESTION TIME - C FYSON ......................................................... 58
6.7 PUBLIC QUESTION TIME - S PAYNE ......................................................... 59
6.8 PUBLIC QUESTION TIME - J MENDELAWITZ ............................................ 60
6.9 PUBLIC QUESTION TIME - P MAGARAGGIA ............................................. 60
6.10 PUBLIC QUESTION TIME - A DAVIES ........................................................ 61
6.11 PUBLIC QUESTION TIME - H MCCORMICK ............................................... 62
6.12 PUBLIC QUESTION TIME - R MITCHELL.................................................... 63
6.13 PUBLIC QUESTION TIME - P ANDERSON ................................................. 64
6.14 PUBLIC QUESTION TIME - V SUTHERLAND ............................................. 65
6.15 PUBLIC QUESTION TIME - L NOACK ......................................................... 66
6.16 PUBLIC QUESTION TIME - L DRAYDON .................................................... 68
6.17 PUBLIC QUESTION TIME - A ROBERTS .................................................... 70
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6.18 PUBLIC QUESTION TIME - A MORGAN ..................................................... 72
6.19 PUBLIC QUESTION TIME - S WHEELER .................................................... 73
6.20 PUBLIC QUESTION TIME - SILENT ELECTOR........................................... 75
7. CLOSURE ................................................................................................................ 76
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MINUTES OF THE ELECTORS' SPECIAL MEETING OF WEDNESDAY
24 FEBRUARY 2021 HELD IN THE CITY OF STIRLING PARMELIA ROOM,
25 CEDRIC STREET, STIRLING
The Electors' Special Meeting was held in response to an electors' petition received in
relation to “serious community concerns that an orderly and proper planning process has not
and cannot occur for the proposed redevelopment at 190 and 200 Karrinyup Road, also
known as Karrinyup West Residential (DA19/1906), without site specific planning controls to
guide building heights, density and transition zoning first being in place. The Karrinyup
community hold further concerns of the inevitable traffic, parking, overshadowing, glare and
privacy issues from what they consider inappropriate and ill-considered overdevelopment
conducted without an Activity Centre Structure Plan as required by State Planning Policy”.
1. OFFICIAL OPENING
The Mayor welcomed the public and attendees to the City of Stirling Electors' Special
Meeting and declared the meeting open at 6.06pm.
2. ATTENDANCE AND APOLOGIES
ATTENDANCE
Mayor Mark Irwin
Councillors Councillor Karen Caddy
Councillor Felicity Farrelly
Councillor Joe Ferrante
Councillor David Lagan
Councillor Karlo Perkov
Councillor Stephanie Proud JP
Councillor Bianca Sandri (from 7.10pm)
Councillor Keith Sargent (until 7.16pm)
Councillor Lisa Thornton
Employees Acting Chief Executive Officer - Michael Quirk
Director Corporate Services - Ingrid Hawkins
Director Infrastructure - Michael Littleton
Director Planning and Development - Stevan Rodic
Acting Director Community Development - Meriel Pickering
Manager City Planning - Fraser Henderson
Manager Development Services - Amanda Sheers
Manager Governance - Jamie Blanchard
Coordinator Planning Approvals - Giovanna Lumbaca
Senior Planning Officer - Dean Williams
Senior Strategic Planning Officer - Remo Formato
Senior Governance Officer - Regan Clyde
Senior Governance Officer - Jaclyn Robins
Governance Officer - Jackson Mawby
Public 171
Press 1
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APOLOGIES
Councillor David Boothman.
Councillor Chris Hatton.
Councillor Bianca Sandri.
Councillor Adam Spagnolo.
Chief Executive Officer, Stuart Jardine PSM.
Vince Connelly MP.
3. APPROVED LEAVE OF ABSENCE
Councillor Suzanne Migdale (granted a leave of absence for the period 10 February 2021 to
14 March 2021 inclusive).
Councillor Elizabeth Re (granted a leave of absence for the period 10 February 2021 to
14 March 2021 inclusive).
Councillor David Boothman (granted a leave of absence for the period 16 March 2021 to
18 March 2021 inclusive).
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4. PRESENTATION BY LEAD PETITIONER INCLUDING MOTIONS
Dr Judy Lundy, Ms Lynne Noack, Mr Andre Dines and Mr Simon Wheeler provided the following presentation to the meeting.
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4.1 MOTION 1: COMMUNITY CONSULTATION
That the City of Stirling improve its Community Consultation process and reporting
by:-
1. Immediately commence amending ‘City of Stirling Planning Consultation
Procedure’ to align with SPP7.2 and include the following requirements for
Development Applications classified as ‘Complex Development Application’ to
include and or require:-
a) Properties within an 800 metre radius of the Development Application be
notified in writing;
b) A minimum of 3 Community Information Days and or Workshops be held
(at least 3 weeks prior to the Development Application public comment
period closing);
c) A Community Reference Group be established, to assist in pre-
lodgement process, including Design Review Panel process;
d) All relevant Development Application information be made available on
the City’s website during the Public Consultation and Comment
Period(s). This includes all documents and plans to be legible and easily
printable; and
e) The Public Consultation and Comment Period be a minimum of 28 days
and include a minimum 2 Ordinary Council Meetings.
2. The Reporting Format Summary Table for the Responsible Authority Report to
be expanded to include a more detailed breakdown of responses, including a
breakdown of responses within at least 800 metres.
3. A Community Reference Group be established for the Karrinyup Shopping
Centre Expansion.
The motion was put and declared CARRIED.
38MINUTES OF THE ELECTORS' SPECIAL MEETING
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4.2 MOTION 2: PARKING MANAGEMENT
That the City of Stirling immediately:-
1. Release a copy of the Site and or Construction Management Plan, and any
documentation relating to construction workers parking arrangements to the
ratepayers and residents who request a copy.
2. Enforce the agreed and approved traffic and parking requirements contained
within Site and or Construction Management Plan.
3. Consult impacted residents and prepare a Parking Strategy for all roads and
streets within 800 metres of the Karrinyup Shopping Centre.
The motion was put and declared CARRIED.
39MINUTES OF THE ELECTORS' SPECIAL MEETING
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4.3 MOTION 3: PLANNING POLICY - DESIGN REVIEW PANEL
That the City of Stirling immediately amend the Design Review Panel Terms of
Reference to incorporate the following:-
1. The City maintain and publish a list of each Design Review Panel meeting
agenda on its website.
2. Once a Development Application is lodged, all subsequent Design Review
Panel meeting minutes are published on the City’s website.
3. The ratepayer funded Design Review Panel meetings be capped at 1, with the
Applicant to pay all subsequent Design Review Panel meeting costs.
4. If a Development Application supporting document quotes the outcome(s) of
the pre-lodgement Design Review Panel meeting(s), then these Design Review
Panel meeting minutes should be made publicly available as part of the
documents included in the public consultation process.
The motion was put and declared CARRIED.
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4.4 MOTION 4: RECOMMEND REFUSAL OF DEVELOPMENT APPLICATION
19/1906
That the City of Stirling REFUSE Development Application 19/1906 on the grounds
that:-
1. Clause 5.2.2 and 5.3.2 of Local Planning Scheme No.3 requires the proposed
development to comply with the requirements of multiple dwellings under R80
R-Code.
2. The proposed heights of 9, 15 and 24 storeys do not comply with the 4 storey
building height limit of the R80 R-Code, and the proposed development does
not comply with:-
a) State Planning Policy 7.3 - Residential Design Codes Volume 2 –
Apartments;
b) City of Stirling Local Planning Scheme No.3; and
c) Planning and Development (Local Planning Schemes) Regulations 2015
(in particular Schedule 2 , Part 9, Clause 67).
3. The proposed building heights, mass and density, and associated impacts of
traffic and parking will have a significant detrimental impact on the amenity of
the area, and is not consistent with objectives and requirements of:-
a) State Planning Policy 7.3 - Residential Design Codes Volume 2 –
Apartments;
b) City of Stirling Local Planning Scheme No.3;
c) City of Stirling Local Planning Policy 5.7 – Karrinyup Regional Centre
Guidelines; and
d) Planning and Development (Local Planning Schemes) Regulations 2015
(in particular Schedule 2, Part 9, Clause 67).
4. As the subject site has an R80 R-Code, Clause 5.5.1 of the Local Planning
Scheme No.3 explicitly prevents the City from using its discretion to approve
this Development Application.
The motion was put and declared CARRIED.
41MINUTES OF THE ELECTORS' SPECIAL MEETING
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4.5 MOTION 5: COUNCIL MAKE A DEPUTATION SUPPORTING THE
REFUSAL OF DEVELOPMENT APPLICATION 19/1906
That the City of Stirling:-
1. Authorise one or more Councillors (and or an appointed Legal Planning
Representative) to make a deputation(s) to the Metro Inner North Joint
Development Assessment Panel recommending REFUSAL of Development
Application 19/1906.
The motion was put and declared CARRIED.
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4.6 MOTION 6: AMENDMENTS TO THE LOCAL TOWN PLANNING SCHEME
NO.3
That the City of Stirling immediately commence amending ‘Local Planning Scheme
No.3’ to incorporate the objectives and requirements of State Planning Policy 7.2 –
Precinct Guidelines, including but not limited to:-
1. Amend the City of Stirling Planning Scheme No.3 to require a Precinct
Structure Plan as per State Planning Policy 7.2 – Precinct Guidelines for the
Karrinyup Regional Centre and the Karrinyup Civic Centre Special Control
Area.
2. Immediately commence preparing a Precinct Structure Plan in accordance with
‘State Planning Policy 7.2 – Precinct Design’ for the Karrinyup Regional
Centre.
The motion was put and declared CARRIED.
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4.7 MOTION 7: AMENDMENTS TO THE LOCAL PLANNING POLICY 5.7
That the City of Stirling immediately commence amending ‘Local Planning Policy 5.7
– Karrinyup Regional Centre Guidelines’ to ensure consistency with:-
a) State Planning Policy 7.3 – Residential Design Codes Volume 2 – Apartments;
b) Local Planning Scheme No.3.; and
c) Planning and Development (Local Planning Schemes) Regulations 2015 (in
particular Schedule 2, Part 9, Clause 67).
These minor amendments include:-
1. Remove the reference to ‘It is the ultimate intention to extend a mixed-use
zone to all lots around the Karrinyup Regional Centre after thorough
community consultation and urban design studies have been completed’.
2. Include a building height limit of 4 storeys to all residential and or mix-use
developments within the Karrinyup Regional Centre to ensure the Policy is
consistent with the R80 R-Code.
3. Amend the ‘Design Guidelines – Roof Features’ to remove the reference to
‘developments above 6 storeys in height’.
The motion was put and declared CARRIED.
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5. ACKNOWLEDGEMENT BY CITY OF STIRLING OFFICERS
Mayor Mark Irwin made the following announcement:-
“Thank you very much.
The City understands your interest in this matter, and the motions will be presented to
Council at its meeting to be held 30 March 2021, for Council to consider and debate.
I do want to congratulate the KRRD group, certainly on your passionate and professional
presentation. It is quite obvious that a lot of work has gone into this, both in the extensive
research, and the work to activate and mobilise the community. Well done again to all of you,
and on behalf of Council, thank you for turning out this evening. It is really important that you
were all here to support the current residents, and it is wonderful that you represented those
who could not be here this evening.”
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6. PUBLIC QUESTION TIME
At 7.10pm, Councillor Bianca Sandri arrived at the meeting during Item 6.
At 7.16pm, Councillor Keith Sargent retired from the meeting during Item 6.
COVERING STATEMENT
In response to Public Question Time, the below statement has been provided by the City
following the meeting:-
On 20 July 2020 the City formally received a Form 1 DAP application for a Mixed Use
Development on the western side of the existing Karrinyup Shopping Centre site. The
proposal is summarised as follows:-
• A total of 270 Multiple Dwellings and Commercial Tenancies contained within three
tower elements with proposed maximum heights of nine, 15 and 24 storeys;
• A total of 60 single-bedroom, 155 two-bedroom, and 55 three-bedroom dwellings
with communal open space areas and amenities;
• A total of 330 resident car parking bays and 57 motor cycle bays distributed over
three levels within the development;
• Commercial floorspace fronting the internal main street;
• A total of 225 designated employee car parking bays for the adjacent shopping
centre; and
• A landscaped pedestrian walkway directly connecting from Burroughs Road to the
expanded Karrinyup Shopping Centre.
The City commenced public consultation on 27 July 2020 with this concluding on 24 August
2020. The City’s public consultation process included letters to owners and occupiers within
a 210m radius of the subject site (in order to ensure people within 200m of the site were
notified); four signs installed on-site; plans and relevant documentation available online; and
an online survey.
Following the closure of the public consultation period, the City forwarded a Request for
Further Information letter to the Applicant on 11 September 2020. This identified a number of
outstanding issues based on the City’s assessment of the proposed development against the
relevant planning framework; comments from external State agencies; and submissions
received during the public consultation process.
The Applicant provided amended plans in response to the City’s Request for Further
Information letter. The City undertook an additional review of the revised submission and
forwarded a second Request for Further Information letter to the Applicant based on the
City’s assessment of the proposed development against the relevant planning framework;
comments from external State agencies; and submissions received during the public
consultation process.
Presently, the application is still under assessment. Once the City has finalised its
assessment of the application, the City will submit a Responsible Authority Report to the
Metro Inner-North Joint Development Assessment Panel (JDAP) for its consideration and
determination.
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The Metro Inner-North JDAP consists of five panel members including:-
• The Presiding Member (a specialist member);
• Two specialist members; and
• Two local government members (Elected Members nominated by Council).
The City’s Responsible Authority Report will include a recommendation for the application to
be approved, refused or deferred. The JDAP may determine the application which is either
consistent or different to the City’s recommendation.
The application has been ‘called in’ for consideration by Council at the request of the two
respective Ward Councillors. Accordingly, the City’s Responsible Authority Report will be
submitted to Council for consideration prior to submission to the JDAP.
Once the meeting dates for the Council meeting and the Metro Inner-North JDAP meeting
have been confirmed, the City will notify all submitters of the relevant meeting dates.
Members of the public will have the opportunity to attend the Council meeting and submit
questions for Public Question Time. At the JDAP meeting, members of the public will have
the opportunity to make a presentation request to assist the JDAP in determining the
application. Presentation requests will be reviewed, and will be approved or refused by the
Presiding Member of the JDAP (not the City).
The Responsible Authority Report was to be submitted to the JDAP on 31 March 2021,
however recently gazetted amendments to the Planning and Development (Local Planning
Schemes) Regulations 2015 resulted in a subsequent extension of time to the City’s
submission date for its Responsible Authority Report. Presently, the City’s Responsible
Authority Report is due to be considered by Council at its Ordinary Meeting to be held 30
March 2021, with the Responsible Authority Report then to be considered by the Metro
Inner-North JDAP on 7 April 2021. These dates may be subject to change.
47MINUTES OF THE ELECTORS' SPECIAL MEETING
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6.1 PUBLIC QUESTION TIME - L LADHAMS
The following question was put forward by Ms L Ladhams, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Ms Ladhams: When will Councillors listen to ratepayers? Clearly
there are a lot of people here who think that this
development is inappropriate, and when will the
Council create the proper strategic planning
framework that has been spoken about at this
meeting?
Mr Mayor: Council will consider the community’s feedback
and the motions that have been received this
evening, and those motions will be presented to
Council.
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6.2 PUBLIC QUESTION TIME - A MAUS
The following question was put forward by Mr A Maus, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Mr Maus: Without a full picture of the planned
redevelopment on the Karrinyup Shopping Centre
site, how can the City of Stirling make informed
decisions regarding ad-hoc, drip-fed plans that
are separately submitted months or years apart?
These plans are often resubmitted with scope
creep both forward and backward. An example of
that is the four storey apartments called the East
Village Apartments on Francis Avenue and
Davenport Street. It was originally approved as
four storeys and then was later approved as a
seven storey by Council and JDAP. At the same
time the developer, AMP, was withdrawing the
amount of contribution it was making to
infrastructure costs, such as bus lanes (scope
creep up, and where it suits scope creep down).
Thank you.
Mr Mayor: Thank you Mr Maus. I will ask the Director to
make some comment.
Director Planning and Development: Thank you for the question Mr Maus.
I will provide some comment and am happy to
provide further detail in writing to you. As you are
aware, in the absence of an Activity Centre Plan
for the Karrinyup Shopping Centre site, the City
considers all proposals in accordance with the
City’s framework as well as the state planning
framework. Additionally, the City considers the
proposals in the context of what has been
approved on the site and what was originally
approved. It is important to note, neither the City
or JDAP can prevent a proponent lodging an
application. The City’s role is to asses each
application against the relevant framework and
the JDAP’s role is to consider each development
against the planning framework based on the
individual merits of the proposal and make a
decision.
There have been a few comments this evening
that the City should not have accepted the
application; if the application is made in the form
and manner required under the regulations then
the City must deal with it. Thank you.
49MINUTES OF THE ELECTORS' SPECIAL MEETING
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Additional Information
Regarding the original 2015 development application, the Responsible Authority Report
from the Western Australian Planning Commission (WAPC) recommended approval of the
proposed major redevelopment of Karrinyup Shopping Centre in the absence of an
endorsed Activity Centre Structure Plan.
In the absence of an Activity Centre Structure Plan, the City considers all proposals in
accordance with the City’s relevant planning framework. Additionally, the City considers
proposals in the context of all existing and relevant approvals issued in relation to the
Karrinyup Shopping Centre site.
The original version of the East Village component of the development was approved by
the Metro North-West JDAP as part of the original Form 1 DAP application for the Major
Expansion of Karrinyup Shopping Centre in August 2015. The seven storey East Village
version was submitted as a separate Form 1 DAP application, which means that it was
assessed as a new proposal, with the assessment including formal community
consultation. During the public consultation period for the seven storey mixed use
development, the City received a total of 57 submissions, comprising of 49 objections; five
letters of support; and three other submissions. This application was subsequently
approved by the Metro North-West JDAP in October 2018.
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6.3 PUBLIC QUESTION TIME - W MULLER
The following question was put forward by Ms W Muller, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Ms Muller: Ms Ladhams has already alluded to Tanya
Steinbeck’s statement, but I would just like to
refresh your memory again. When there is a lack
of vision or transition, between where you have
historically low rise and single residential areas,
immediately having high-rise apartments and
other things popping up across the road, there
needs to be consideration to the transition
between perhaps two storey, three storey, four
story medium density product that then transitions
towards your shopping centre precincts and
activity centres so you do not have chalk and
cheese. I wanted to ask the Chief Executive
Officer how he felt about the statement but in his
absence I ask you Mr Mayor, do you agree with
your statement?
Mr Mayor: Yes, but I will ask the Director to provide you
some comment on that.
Director Planning and Development: Thanks Ms Muller for the question. Yes, the City
does agree with those comments. Transitioning of
built form is a key urban design principle and the
City advocates for this in all our approaches in the
planning framework, even if you look at the
current guidelines the City talks about having a
transition within that centre of two to three storeys
on the periphery and high buildings and inside the
centre. So, yes, the City does agree with that
principle of transitioning built form.
Mr Mayor: That will form part of the report that is presented
to Council.
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6.4 PUBLIC QUESTION TIME - S KEMP
The following question was put forward by Ms S Kemp, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Ms S Kemp: I live in Karrinyup and I am also part of the
founding members of the KRRD. Since 2015 why
has the City of Stirling not been able to lead the
planning for such a suburb defining project such
as the residential components for the Karrinyup
Shopping Centre redevelopment? It appears that
the City just gave up.
Mr Mayor: Thank you for that question. Some of that
response will form part of the report to Council. I
will also ask the Manager to provide you some
context around that.
Manager City Planning: Thank you for your question. The City's position
has been that the strategic planning for the centre
has failed at the state level. The City has made a
number of representations when the opportunity
has arisen, on planning documents and plan
changes as they have come through, about this
failure and weakness in the planning system in
Western Australia. Dealing directly with your
question, I am sorry, I am going to have a fairly
long answer because I think that it is relative to a
number of questions that have been asked this
evening.
The City has consistently endeavoured to ensure
that redevelopment of the Karrinyup Activity
Centre is done in accordance with an approved
planning framework that was developed in
collaboration with the local community of
landowners. Discussions regarding the potential
development of Karrinyup Shopping Centre
commenced between the City and the owners
and the representatives in 2014. As part of those
discussions, it was consistently communicated
that a structure plan needed to be prepared, and
prior to any major development occurring, the City
advised that this needed to include
comprehensive community engagement. That
replicated the engagement the City was doing at
other similar centres. The City worked in good
faith with the landowner and its representatives
for a number of months to prepare draft urban
design principles, with a view of this leading to the
preparation of a Structure Plan.
52MINUTES OF THE ELECTORS' SPECIAL MEETING
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AMP were advised from the outset that under the
planning framework of the time, a scheme
amendment to the Local Planning Scheme No.3
development area will be required to be gazetted
in order for Council to process and adopt a
Structure Plan for the centre. Importantly, this
would have been the same process that occurred
for the City's other major activity centres of Stirling
and Mirrabooka, where the City led those
projects. AMP was advised to prepare a similar
type of amendment to help expedite the process,
however, AMP did not do so. Following this, AMP
moved quickly with discussions to directly prepare
an application for the redevelopment of the centre
and lodged it. By 5 March 2015 the original
development application was lodged with the City
for the major expansion of Karrinyup Shopping
Centre. The proponents purported to progress the
proposal under the ‘Exceptional Circumstances’
provision of State Planning Policy 4.2, which
allowed for consideration of major development
proposals and the absence of a structure plan
where such exceptional circumstances are found
to exist.
The City sought legal advice and engaged a
Queen’s Counsel to argue to the JDAP that a
development application should not be approved,
and the circumstances did not exist for the
development application to be approved without
first having a Structure Plan in place. The City
recommended that the application be refused for
a number of reasons, including traffic and the size
of development on the site in the context of that
site within a low density suburban area, but
importantly, arguing that it did not meet the
principles of the State Planning Policy 4.2 relating
to the requirement for structure plan. The City’s
position was, and the position in the absence of a
Structure Plan, the proposal had not
demonstrated that it was consistent with the
principles of orderly and proper planning.
However, on 15 August 2015 the Joint
Development Assessment Panel considered the
application and resolved to approve it.
Following the approval for the original application,
there have been continuous Form 2 applications
lodged between 2015 and 2020 and approved by
the Metro North West and Metro North West Inner
Joint Development Assessment Panels. Form 2
applications are classified as minor amendments
to the original approval, and that classification is
not made by the City.
53MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
That classification was made by the Joint
Development Assessment Panel and the City
objected to some of those decisions.
Unfortunately, you do not require a Structure Plan
to be prepared following the approval of a major
development under the ‘Exceptional
Circumstances’ provision. This essentially is a
policy vacuum and one in which the City is
advocating to be rectified as part of its submission
to the Western Australian Planning Commission
on the new State Planning Policy 4.2.
Following approval of the Development
Application, Planning Development, Local
Planning Scheme Regulations 2015 became
operational and in October 2015, being two
months after the approval of the original
application. This changed the planning framework
in Western Australia to a significant extent, but
still did not require or revisit the need for a
Structure Plan for the centre. This is because the
triggers for the requirement for a Structure Plan
under the State Planning Policy 4.2 as major
development, and major development is about
retail floor expansion. The City has not prepared
to Structure Plan after October 2015 for a number
of reasons as previously outlined.
To summarise, development approval has been
granted for substantial redevelopment of the site
without a Structure Plan and any structure plan
adopted could not reverse this decision. The new
regulations only permit a Structure Plan to be
prepared in a limited number of circumstances,
and the City does not believe that those exist. The
City was preparing the local planning strategy at
the time, and the local planning strategy was
seeking a strategic approach to implementing
growth in accordance with Perth and Peel @ 3.5
Million (that is the State Government's regional
plan for Perth) and the Western Australian
Planning Commission did not want the City to
start new major projects until the local planning
strategy was finalised.
Mr Mayor: Obviously there was a lot of detail in that
response and the City can certainly provide it to
you in writing. It will form part of the minutes.
54MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
Additional Information
The City of Stirling has consistently endeavoured to ensure that redevelopment of the
Karrinyup Activity Centre is conducted in accordance with an approved planning
framework that was developed in collaboration with the local community and landowners.
Below is a chronological list of events that occurred which demonstrate this endeavour:-
1. Discussions regarding the potential major expansion of Karrinyup Shopping Centre
commenced between the City, the owners and their representatives in early 2014. As
part of those discussions, it was consistently communicated that a Structure Plan
needed to be prepared and approved prior to any major development occurring. The
City advised that this needed to include comprehensive community engagement that
replicated the engagement that the City was undertaking at other similar centres.
The City worked in good faith with the landowners and its representatives for a
number of months to prepare draft urban design principles with a view for this to lead
to the preparation of a Structure Plan.
2. AMP was advised from the outset that under the planning framework of the time, a
scheme amendment to Local Planning Scheme No.3 to create a Development Zone
would be required to be gazetted in order for Council to process and adopt a
Structure Plan for the centre. Importantly, this would have been the same process
that had occurred for the City’s other major Activity Centres of Stirling and
Mirrabooka. AMP was advised to prepare a similar type of amendment to help
expedite the process, however, did not do so.
3. Notwithstanding this, City officers then prepared a Scheme Amendment with
appropriate objectives to ensure that a Structure Plan could be processed and
adopted in February 2015. Council resolved not to proceed with this Scheme
Amendment. This resulted in AMP not being able to lodge a Structure Plan with the
City for assessment. The City sought legal advice around the planning framework
and formed the view there was no other actions that could be taken at that stage to
ensure the preparation of a Structure Plan.
4. AMP then prepared a development application for lodgement.
5. On 5 March 2015, the original development application was lodged with the City for
the Major Expansion of Karrinyup Shopping Centre. The proponents purported to
progress their proposal under the ‘exceptional circumstances’ provisions of State
Planning Policy 4.2 (SPP4.2), which allows for consideration of major development
proposals in the absence of a Structure Plan where such exceptional circumstances
are found to exist.
6. On the basis of the above, the City recommended that the original application be
refused for a number of reasons, principally that it did not meet the requirements of
SPP4.2 relating to the requirement for a Structure Plan. The City’s position was that,
in the absence of a Structure Plan, the proposal had not demonstrated that it was
consistent with the principles of orderly and proper planning. However on 15 August
2015, the JDAP considered the development application and resolved to approve it.
55MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
7. Following the approval of the original development application there has been a
number of Form 2 applications lodged between 2015 and 2020 and approved by the
Metro North-West and Metro Inner-North JDAP. Form 2 applications are classified as
minor amendments to the original approval. SPP4.2 does not require a Structure
Plan to be prepared following the approval of a major development under the
exceptional circumstances provisions. This essentially creates a policy vacuum, one
which the City is advocating be rectified as part of its submission to the WAPC on the
new SPP4.2 (refer 9 February 2021 Council Minutes).
8. Following approval of the development application, the Planning and Development
(Local Planning Schemes) Regulations 2015 became operational in October 2015,
being two months after the approval of the original development application. This
changed the planning framework in Western Australia to a significant extent,
however not to the extent that the City could revisit the need for a Structure Plan for
this centre. This is because the trigger for the requirement for a Structure Plan under
SPP4.2, i.e. major development (which relates only to retail floorspace expansion)
had passed.
56MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.5 PUBLIC QUESTION TIME - P PALFREY
The following question was put forward by Ms P Palfrey, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Ms Palfrey: No public consultation has been done by the
developers and the community is angry about
that. The developers claim that it is the Council's
job, although on the Channel Nine News on 29
January 2021, AMP claimed they had done a
letter drop to residents. However, we have no
evidence of that. Is the Council happy being
effectively considered the developers
representative?
Mr Mayor: No. I will get the Director to provide some
information for you on this one.
Director Planning and Development: Thanks for the question Ms Palfrey. There are
many developers in Western Australia and across
Australia who would consult with the community
prior to lodging an application. I am not aware of
the specifics or how detailed AMP’s consultation
was with the community; I am aware that they did
speak to some people. However, by the sounds of
things this evening, it sounds like they did not.
The City has a role in carrying out the
assessment of an application and the City must
carry out its own consultation. This is carried out
independently of what an applicant does. The City
carried out a consultation in accordance with its
planning consultation procedures.
Can the local government do more? Local
government can always do more, but the City
does need to consider that in a structured way
and that is one of the motions this evening - to
consider the City’s consultation policy and the
City will look at that in the future.
57MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.6 PUBLIC QUESTION TIME - C FYSON
The following question was put forward by Mr C Fyson, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Mr Fyson: I am probably a minority of one here. If anyone
wants to know who voted against, it was me. So I
would appreciate if you do not lynch me on the
way out. I think that first of all, I would like to
congratulate the City for the excellent work it has
done in the analysis of the process. One of the
things that I think that has gone awry is that
processes have not kept up with the requirements
of society as it progresses. One of the concerns I
have is that when I first headed north in Perth in
1968, the City stopped at Sacred Heart School. It
did not even get as far as Hillarys Boat Harbour.
Now it goes to Yanchep and beyond, and it goes
all the way down south of Mandarah. 270 units
will consume the equivalent of 13.5 to 14 hectares
of land. That means that more and more of our
bush, more and more of our habitats are going to
get removed; I mean everyone has heard of
Carnaby’s Cockatoo and its environmental
impacts. We need to start looking at changes in
how we accommodate people. That means that if
you go up, and there are a lot more people that
go up today than they did back in the 60s. In the
60s, it was a quarter acre environment and
gradually the lot sizes have come down from a
thousand and 400m2. But it is still consumers of
land and more and more people are looking at
apartment living and alternatives. Now, where do
you put apartments? You put apartments where
you are building walkable catchments of major
facilities.
If you are within walkable catchments, you do a
number of things like reduce the environmental
impact of vehicles because they are not as
necessary. You reduce the impact on land.
There needs to be a compromise between what
the people behind me are thinking of, broad acres
of low density, and the need to get a better
density mix. Maybe that is a need to relook at the
planning and graduate it down. But certainly we
do not want that. We cannot afford to chuck the
baby out with the bathwater and just limit high rise
because no one particularly likes it. It is an
essential part of today's living.
58MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
Mr Mayor: Thank you Mr Fyson. If I can just provide a quick
response, and I think it is only fair to make
comment that I do not think it has ever been
insinuated by the majority of the people in the
room that they are opposed to any intensity or
any development higher than normal on that site,
purely the height and scale of this development.
6.7 PUBLIC QUESTION TIME - S PAYNE
The following question was put forward by Mr S Payne, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Mr Payne: As we know, we have had nearly three years of
the construction going on at the shopping centre.
It should be completed in, I think, December this
year. I live two blocks from the shopping centre
and, to be quite honest, I think we have had
enough of construction in the nearby area. My
concern is that should the construction go ahead,
the proposed three blocks, the three skyscrapers,
we would have another three years of it at least,
or two years, whatever it takes to construct, you
know, such an environment. My main concern is
that should it go ahead, is that they do not build
on the other side of the road because there is a
lot of vacant land on the other side of the road.
What everyone is after nowadays, of course, is
the capture of the ocean, to look at the ocean.
When one travels around the world, which I have
done quite a bit, you are looking for anything with
a harbour or a sea view and they just build one in
front of the other.
Should that go ahead, and should it be a minimal
sort of height and not to the height it is? I am just
asking that you do not build the other side the
road on the vacant land. Thank you.
Mr Mayor: Yes. Thank you for that, Mr Payne. I will take that
as comment. I think that will certainly be captured
in the report as that came up in the motions this
evening. There was a lot in there about the
planning around the suburb as well.
59MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.8 PUBLIC QUESTION TIME - J MENDELAWITZ
The following question was put forward by Ms J Mendelawitz, Karrinyup WA 6018 at
the Electors' Special Meeting held 24 February 2021.
Ms Mendelawitz: Who selects the members of the Joint
Development Assessment Panel? Is it the
Council? What criteria do you have for those
people? It seems that they have actually passed
this development, or encouraged it, when it has
not followed the guidelines that you would expect
of people who are experts in design to have. I
would like to declare that I have applied to go on
the Panel several times. I am in landscaping. It
is not sour grapes that I have been rejected but I
wondered what is the criteria for selecting those
people?
Director Planning and Development: Thanks for the question, Ms Mendelawitz. The
selection for DAP members is done through the
Minister for Planning. In regard to the two Local
Government members, that is done through the
Council. The Panel is made up of five members –
three independents, which sounds like what you
have applied for through the Minister for Planning;
and the Local Government is represented through
Council.
6.9 PUBLIC QUESTION TIME - P MAGARAGGIA
The following question was put forward by Mr P Magaraggia, Karrinyup WA 6018 at
the Electors' Special Meeting held 24 February 2021.
Mr Magaraggia: Why is the City of Stirling so determined to
completely change the suburb into a high-density
suburb without open and completely transparent
dialogue?
Director Planning and Development: An application for a development of this scale has
been submitted, and the City needs to deal with
the application. There have been quite a few
comments this evening, and the City will consider
how it deals with the motions in terms of the
Strategic Planning Framework around the
Karrinyup Regional Centre. Regional Centres
provide for a certain level of residential density as
well as commercial floor space. There are no
plans for the City to overly develop the site at the
current time, but that is something that is to be
considered by the City in the future.
60MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.10 PUBLIC QUESTION TIME - A DAVIES
The following questions were put forward by Mr A Davies, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Mr Davies: Will the City of Stirling now rescind the
development motion of 2015 regarding the
Karrinyup Library site to ensure that high-rise
does not end up on this site? This development
application was put forward on 30 June 2015, and
there were negotiations with the shopping centre
to dispose of the site. It was to be used for four
different purposes, including a combination.
Mr Mayor: Thank you for that question Mr Davies. The best
way to respond to that question is in writing. I am
sure that it will be able to form part of the report to
Council.
Mr Davies: Will the City of Stirling require the two Councillors
who sit on the JDAP to vote against the
development in accordance with the wishes of the
ratepayers?
Mr Mayor: Those members of the JDAP will certainly be
privy to what happens at this meeting, and the
motions that have been put forward by the
community. They will consider the information
that is presented at JDAP and make a decision.
Mr Davies: Will the City of Stirling submit an environmental
report outlining the effects these buildings will
have on the neighbourhood?
Director Planning and Development: Thank you Mr Davies for the question. The
impacts on the environment are one of the
considerations under Clause 67 of the Deemed
Provisions, and the City’s officers will provide
comment in respect of that when it completes the
Responsible Authority Report.
Mr Davies: I had previously been told that there would not be
any report submitted.
Director Planning and Development: Thank you Mr Davies for the question. I did not
say that there would be a report required - rather
that we would provide comment in respect to that
consideration as part of the City’s assessment.
Additional Information
The Karrinyup Library site and associated car park was not included in the original
application nor the subsequent development applications relating to redevelopment of
Karrinyup Shopping Centre. There are no plans to redevelop the Karrinyup Library site at
present.
61MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.11 PUBLIC QUESTION TIME - H MCCORMICK
The following question was put forward by Ms H McCormick, Karrinyup WA 6018 at
the Electors' Special Meeting held 24 February 2021.
Ms McCormick: I apologise if this area of concern has been
covered but I could not hear much from right at
the back. My question is a very selfish concern
and it concerns the [Karrinyup] Library. For many
years now it has been relatively inaccessible by
car, for various reasons, mostly retail reasons,
and I am very concerned that there is no
consideration for what was, in the past, amenity
for the people. Both a Library, and a community
hall, which cannot continue to serve the people
with a high-rise development and a huge increase
in traffic. I catch the bus and I walk to the Library,
but there are times, and there will be times, when
I need to drive my car and that is not possible.
Tonight, I have heard from two neighbours who
no longer use the Karrinyup Library because
there is no access by car. Does the City have a
plan to relocate Karrinyup Library and community
centre? If so, when and where?
Mr Mayor: Thank you. The simple answer is that the City
does not currently. There is some concern
around the Library, which has been brought up by
the KRRD group previously. The City will ensure
that the report that comes to Council will detail
what has happened to the Library, and where the
City is at with it, so that it is fully transparent.
62MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.12 PUBLIC QUESTION TIME - R MITCHELL
The following question was put forward by Mr R Mitchell, Karrinyup WA 6018 at the
Electors' Special Meeting held 24 February 2021.
Mr Mitchell: Are you aware that there is an application for two
liquor licences on the Karrinyup site?
Director Planning and Development: Thanks for the question, Mr Mitchell. I am not
personally aware of any application for a liquor
licence, but it would not surprise me because the
applicant is currently reviewing their food and
beverage fit out on the eastern side of the
Karrinyup Shopping Centre. The City’s Health
Services Team deal with liquor licence
applications, and I am more than happy to provide
that detail in writing to you as to whether or not
we have received an application.
Mr Mitchell: Well, I had a haircut yesterday at Karrinyup. I
walked past the information desk there and at
ground level, there is a little map of the Karrinyup
Shopping Centre. On one side is a tavern, and on
the other is a special facility licence for Hoyts
Theatres. Has the City of Stirling issued any
Section 40 certificates?
Director Planning and Development: Thanks for the question. I have not signed any,
but I will confirm in writing if any application for a
Section 40 has been made. The Section 40
relates to planning approvals for the site and the
tavern that has been approved on the site.
Mr Mitchell: I want to know if they are unconditional or
conditional. What I will do, I will go to the liquor
licencing tomorrow and check on the application
that has been advertised. And I am very surprised
and shocked that the City of Stirling has not got
any idea of what is going on at that shopping
centre.
Additional Information
Following a review of the City’s records, the City advises that there are three recent
Section 40 Certificate applications that have been submitted for the Karrinyup Shopping
Centre site. These include a tavern and two special facility licences.
Section 40 Certificates are unconditional. Applications currently under advertisement can
be viewed online via the Department of Racing, Gaming and Liquor website.
63MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.13 PUBLIC QUESTION TIME - P ANDERSON
The following question was put forward by Mr P Anderson, Karrinyup WA 6018 at
the Electors' Special Meeting held 24 February 2021.
Mr Anderson: I would just like to thank you for the opportunity to
come and talk to you. I really think that it is nice,
and thank you for having me here. I have just got
a comment - when the development was first
publicised, I thought it would be a good thing for
this community. This is an amazing community
here at Karrinyup, close to the beach, close to
amenities, close to the City. It is quiet, it is
peaceful, and my understanding is that it is very
well regarded within Perth and also within
Australia. When I first heard about the increase in
development, I thought, what is this going to do to
this neighbourhood? And I was thinking, is this
going to be the start of something else? Is this
going to be the start of high-rise development
here in Karrinyup? I was thinking about my
property and also my rates, and the value of my
property. I wonder, if this development goes
ahead, who is going to buy a property in
Wincanton Road with this high, high rise? Will I
actually be able to sell my property? That is just a
comment. I am not expecting an answer, but I live
here. I do not know how many others here live
close to the shopping centre. Thank you very
much.
Mr Mayor: Thank you for those comments, Mr. Anderson.
64MINUTES OF THE ELECTORS' SPECIAL MEETING
24 FEBRUARY 2021
6.14 PUBLIC QUESTION TIME - V SUTHERLAND
The following question was put forward by Mr V Sutherland, Karrinyup WA 6018 at
the Electors' Special Meeting held 24 February 2021.
Mr Sutherland: My concern is a suggestion as much as it is a
question. One of the biggest problems with the
development as it is now, which is only going to
be compounded with some of things that are
proposed if they actually happen, is the parking of
tradesmen in the streets. It is the tradesmen
working on the centre. I am in a close-by street,
Somerton Road. We have parking on both sides
of that road running all the way down to
Wincanton Road and the intersecting roads, both
sides of those roads with big vehicles and four-
wheel drives and other tradesmen vehicles all the
way bumper to bumper, parked right up the
corner of those vehicles. Somerton Road
basically has no footpaths. Going down there this
morning, there was a woman with a double pram
trying to wheel her children; there is hardly
enough room on the road to get one car down, let
alone people walking through. We are talking
about a residential suburb with young mothers
and kids and people out walking their dogs. It is
just plain dangerous. We have complained to the
Council. They might arrive one day; leave some
notices on a few cars, but I mean it beggars belief
how the Council will allow that to continue. You
should at least stop it on one side of the road.
The problem is created by AMP Capital wanting
to build something and hire all of these
tradesmen, and have no responsibility for where
they are going to park to work on the site. The
solution is that they have created a whole lot of
parking on the site that 80% of it is not used
during the day by shoppers. Why not compel the
tradesmen to go and park in their own facility and
free up our roads?
Mr Mayor: Thank you for those comments and your question
Mr Sutherland. I know that the Directors have
been out there this week, and have spent some
time driving the streets to better understand, and
that will certainly form part of the report that is
presented to Council regarding the concerns on
parking.
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