54
..... . - Cllll'l ........ '"9f' ....., .. '1Mdbr ....... P.ul .....,..&AMod1111911 P'lpl.• .. .... ..._ .. ..........,DU1ICl9tl0f""'*9 .......... l'let. ..... ..... .. __..._.,. ... P"°'IO .. _..Nel'Ot ec.-o11 ....... ISSUE FOR PLANNING APPROVAL F AMENDMENTS TO lAYOUT REV DESCRPT10N GRAEMEJ.ROBERTSON '.' '• '' ·1··1 ···-- .. . .. .. /, .. PAUL MESCHIATI & ASSOCIATES PTY LTD E ISSUE FOR PlANNING APPROVAL D ISSIJE FOR 04SCUSSION c ISSUE FOR APf'R!N AI. B AMENDMENTS TO lAYOUT A.l H.N 30.10.2013 A P1Ulll•IARY ISSUE F DR DISCUSSION CHK.BY ORN.BY DATE REV DESCRIPTION Artists lll\l\pression A A.L H.N. 27 . 09.2013 -- PROPOSED MIXED-USE DEVELOPMENT A.L H.N 11.0\l.2013 PAUL MESCH IA TI 00 ASSOC1A TES: P.M. A.L 15 .08.201) GRAEME J. ROBERTSON F ---- 30.10.2013 A.L H.N 07.08.2013 "'"'*"-" P .M. A.L 24 .05.2013 .. LOT 200 STRICKLAND STREET CHK.BY ORN.BY DATE DENMARK I WESTERN AUSTRALIA AOO tor

GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : [email protected] A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

  • Upload
    lynga

  • View
    214

  • Download
    0

Embed Size (px)

Citation preview

Page 1: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

~ n~---~-~~ - Clllll 9f 1Mdbr NI~-~ ~middot Pul ampAMod1111911 Plplbull Nf_yen~ _ u-o1-~frotdeg- DU1ICl9tl0f9 llet -wor~_~Ol~bw~ltWll_ ~i conflrm ___ PdegIO _NelOtec-o11

ISSUE FOR PLANNING APPROVAL F AMENDMENTS TO lAYOUT

REV DESCRPT10N

GRAEMEJROBERTSON

bull

middot1middotmiddot1 middotmiddotmiddot--

PAUL MESCHIATI amp ASSOCIATES PTY LTD

E ISSUE FOR PlANNING APPROVAL

D ISSIJE FOR 04SCUSSION

c ISSUE FOR APfRNAI

B AMENDMENTS TO lAYOUT

Al HN 30102013 A P1UlllbullIARY ISSUE FDR DISCUSSION CHKBY ORNBY DATE REV DESCRIPTION

Artists llllpression A ~

AL HN 27092013 -- PROPOSED MIXED-USE DEVELOPMENT AL HN 110l2013 PAUL MESCHIATI 00 ASSOC1A TES PM AL 1508201) ~~gt~DESIGNERSANOP~

GRAEME J ROBERTSON F ---- 30102013 AL HN 07082013 - PM AL 24052013

~- ~ LOT 200 STRICKLAND STREET

CHKBY ORNBY DATE DENMARK I WESTERN AUSTRALIA AOO tor

ea
Typewritten Text
21 January 2014 - Attachment 814 a

SURVEY PLAN $CAlf 1 200

ISSUE FOR PLANNING APPROVAL

s IS

10

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

2f

20

SCALE BAR IN METRES

201

NO TE CONT()(fliS tlKE A T OSm 11llRVALS ANDAliE BASED ON AHD _ BOVNDARYllhES SHOWII AliE lipoundPlipoundSENTA TIOVAL ONl Y AND AliE SUBJECT TrJSlllivEY

DENMARK SURVEY amp MAPPING

LICENSED SUR VEY ORS Anchw Lbullfort M_ o-129 482 262 Slcphcn Bondini Mob o-127 II SJO

JOB 1280 14-0907

PO Box ))9 ISS SlrickJd s DENMAJUI WA 6llJ

Al

Tel (01) 91148 22ol Fu (08198412221 Email d1momnlneLncrau A ON 6S 80 I 497860

HN 30101013 A

CltKBY ORH 8Y DATE REV

LOCATION wn ooCNR

CLIENT

ISSUE FOR PLANNING APPROlAl

ISSUE FOR OISCUSSICJH

ISSUHORAPPOVAI

AMEllaquogtMENTS TO LAYOUT

NORTII amp STRJCKJA~D STREET DENMARK WA 6llJ

GRAEME ROBERTSON

PRELIMINARY ISSUE FOR DISCUSSION DESCRIPTION

I 0 I 2) $

IMI liiil UM ampCALi 1200

L HN

Al HN

PM u AL HN

P11 L

CHKBY ORN SY

SITE LAYOUT I UNDERCROFT LAYOUT SCAll 1 1GO

llWlS

f 1300 l 1

tHlOOL 1 1

n~o-CIOltems-~_ eltgtd-)cftJ veedkw IM~b-h)-~ ~ lbullbullroi~rrr__ _~_

w-laquo1ne__ __~_~-bullW4

~Clr911fi1M_~Cil~~_9Wd1JI ~ ___~ llorMl on OlllJlID-Wdegbull f9onllt (lll~

5500 6000

CAFE SEATING AREA

l 1

ISSUE

10000

FOR PLANNING APPROVAL

l 1890 5500 1

$

~-------~7--~ ----1

i 11110ltl t f I

CJ

middotmiddot

CAFE (SERVICES AREAS

UYQJfl1C

WC

9010

r MIENDMENIS TO LAYOUT

REV 0poundSCRIPT10N

53800

10910

T T

5 6

= = = -

9010

ISSUE Fell PlMNHG NfROVAI

ISSUE FOR OISCUSSKlN

ISSUE FOR NlROVAI

NIEl40MEN1STOlAYOU1

tJ HN 301G2013 bull PllElMHARY ISSUE FOA OISGUSSIOIlt ClfltBY Dflll8Y OATC RfI 0euroSCRIP110H

3000 3010 3000

T T

8 10

= = =

SrCflt

9010

AL HN

u ~

PM u Al ~

PM u CHlltBY ORNBY

7810

11

II II

== ===== =======J

9010

llQQ201 _

110ll201 PAUL MESCHIATI AND ASSOCIATES 1~08201 ~OESIGNERSNIOP~ __ _ 07oe2013 _deg ~ 24052013

~ CATE

8 r

8 r

FLOOR AREAS

CAFE SEATING CNE IC1101ENIHILUTIONS ~VRUCO

CAFE TOTM

664Tft1 UIS mt 44lleOll

1Wl1

IIll t StORE 418 m2 tlT1~ M15112 ltlT 2SfaE 4Mll2 IHT 2 rJIRPQltl 1US m1 lN13STORE 4192 Hf 3CARPORT M~ Ml IMT4STOAE 5CM-2 lNT 4~ 1U5laquo12 5STDRE 1Cll m2 HT$cNtPClT tU01 lNTfnCJE u1S12 UNrr8CllfU20R1 1UOfft2 Hl7STCPpound 6002 HJ 7 0trAP0RT IUO 2 lHTISl(R 1Cll-J llffT ICNUCIRT 1U02 lHT 9 STME 621 m2 HT t CARPORT 18G ftt2 INT 10SlOAE l00m2 ~rr tOCNIPOT tamp502 NT t t STORE 6002 ~11CAAPORT 11Dm2

GENERAl NOTES

R25

SU8ECT TO QNJSE UJ ~TIS_ l fr IS PROPOIED TMT 1MS Slit BE ltU$$FEDAS RlO

NOTH uuJMlilAOTAA110 oeo AClIAL FOT RAOO 0middot14 8ASED Ofrf lOt- STE ARU-11Mbf2 amp GROSS PLOT IPEgtrz 8LDGS-e9704M2

llOTH -tFEgtISPACI middot~ ACTW OPEN SPACE S7

_ ~t Sl1poundU $El8N)( ~ ACrutrl PRIMARY STJtfET Spound18AClt I ii

PlWI N01 THE IUWNG ALONG S1Nltl(lMD SlAEU HINE A Nil [llllOltNl(llltSPRltllQSOl IS _11pound CJAApoundHT STREETSCNpound

1t5 HEIGHT [TtF Of W11 lOm -HElGK1 (1(1gt Of WALL] Ubull

WJCIEIGlltTrOPOfROOF) 1t 0m IC1W HpoundJGH1 [TOP Of ROOF) 91bull

0 1 2 l bull ~

ci Lj Liiml SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJ ROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRAiiA

F 30102013

A02 to1

---------- - ----- I I I I I

r -==~======1---=======-~ ~ I I

I I

I I I ~~ i I BEiCW

I UNITS ABOVE ---------- ----- - I UHEOFWAIJCWAYAllOI

1 I i i L_ _______ ____________ ___ ____ ____ J I _ I UIE OFWAUCWAYAIKM

I _gt- I I I

I(_ I r-i--~----~----~~~--11iiiiiiiii- ii-- ~-~

07

ELEVATION GIADE

GROUND FLOOR LAYOUT SCALE 100

~ TN woc1 ~ -----f0r ~_ltNdi_ Paulbull~~uo_ __ _~_

INuuof b___~~ ~_bMft __~O ~-rHrU ~~_ 11degdeg ncit olf~

15600

ISSUE FOR PLANNING APPROVAL

9010

F AMEClMENTSTO~YOUT

REV 0poundSCRlT10N

9010

ISSUE FOR PLANNING ~Al

ISSUE FOR DISCUSSION

c ISSUE FOR APlffOVAL

AMENDMENTSTO~YOUT

Al HJ( 30102013 A PRELllINARY ISSUE FOR otsCUSSklH Cllaquo BY ORH BY DATE REV OESOOlTilll

9010

AL HJ( Z7o9201J

Al Hjj 11092013

Pll AL 150ampJOIJ

AL HJ( 070l2013

PM AL 240S2013

CltltBY ORNBY DATE

FlOOR AREAS

UNIT1lNMl Sl1f 2 UNIT 1 AlFRE9CO 11752 UNIT PORCH 562

UNfT 1 TOTAL 11214Z

UHlf 2lNING SU I ml UNIT 2 AllRESCO tU4m2 UtlT 2 PORCH U12

UNIT2roTAL 103teMl

IJNIT3LNING 8118 111Z Utfl 3AllRESCO 11522 UlltIT3PORCH 6hl

UNIT3lOTAL 1037h 1

UtlTHNING 1111fll2 UNIT I AllRESCO 16522 UNIT I PORCH Uf llZ

UNT l lOTAL 103Jt 2

9010

1 0 1 2 l 5 c=i hiiiijOjl Jm-1

SCALE 1100

PAUL MESCHIATI ANO ASSOCIATES PROPOSED MIXED-USE DEVELOPMENT BUILD4NG DESIGNERS ANO PlA~NERS -- GRAEME J ROBERTSON __ ~~ LOT200STRICKlANOSTREET

-------=- -- DENMARK I WESTERN AUSTRALIA

F 30I02013

A03 101

5599

FIRST FLOOR LAYOUT SCALE t tH

l l

10000

ISSUE FOR PLANNING APPROVAL

W 9010 9010

ISSUE FOR PIANNING NPRltNAL

ISSUE FOR DISCUSSION

ISSUEFORAPPROVAL

AMENDMENTS TO LAYOUT

9010

AL ~ 27ot2013

AI HN llot2013

P11 AL 15082013

AI HN 07ot2013

PM AL 2052013

Cl4K 6Y ORNSY OATE

9010 5G50

PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~

FLOOR AREAS

UNITSlllING 12MmZ UHfT s llAlCOHY 14JlllZ

UMTSTOTAl 116052

IHlllMNG 52J1 m2 UMT58AlCONt l t11112

UHIT6TOTAL 1Ulm2

UNIT7lMNG 11112 UHrT181olCONt tl 142

UNIT7T01AL 11JlmZ

UNITIL 8111m2 UNIT lllALCONI 17Sm2

UNrfl TOTAL 111rr i

UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2

UlfT9TOTAL 106n 2

UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ

UlfT 10TOTAL itAf lftl

UNIT 11 LMNG 10022

UhlT 11 BALCONY 12-

UNIT 11 TOTAL 11212

I 0 I l J 5

liiiI liiiiii liiiiiiiiie-1 SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

-F 30102013

A04 1n

I

I I I I

ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO

11 I

I I I I

I

---middot---++-shy __ TO

ELEVATION No 2 bull NORTH STREET ICU1te

lliSMY ni~anobull-middot~~ -~-rNyllllfrb9u frlOI --~flll -~ ~amp~Ptyuobullbull-~ 1111 r~MllPOQshy_ ofdbullClb_~~deg~____~ __ OWllJ9d _ ~ ~ ~ ~---1-l lll DfMbullPlllbull _HO _ ___ ~

ISSUE F OR PLANNING APPROVAL

-~--- ------ ------- -

ISSIEfOR DISCISSIOll

NEICJMEHTS TOLAYOllT

f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg

---------- - --

middot HIlt

~L HH

PM ~L

~L IOI

PM ~L

CHK8Y ORN BY

----

77892013 __

092013

~TCJgtCfPIT08gt1yenX)11~ 1t1gtn i7 _____ _

I I I I

I

I

I

PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~

=-070l2013 __n

---2052013

~ DATE

0 t 1 3 4 I

-------- CiiiiiiP=MI SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A05 101

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 2: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

SURVEY PLAN $CAlf 1 200

ISSUE FOR PLANNING APPROVAL

s IS

10

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

2f

20

SCALE BAR IN METRES

201

NO TE CONT()(fliS tlKE A T OSm 11llRVALS ANDAliE BASED ON AHD _ BOVNDARYllhES SHOWII AliE lipoundPlipoundSENTA TIOVAL ONl Y AND AliE SUBJECT TrJSlllivEY

DENMARK SURVEY amp MAPPING

LICENSED SUR VEY ORS Anchw Lbullfort M_ o-129 482 262 Slcphcn Bondini Mob o-127 II SJO

JOB 1280 14-0907

PO Box ))9 ISS SlrickJd s DENMAJUI WA 6llJ

Al

Tel (01) 91148 22ol Fu (08198412221 Email d1momnlneLncrau A ON 6S 80 I 497860

HN 30101013 A

CltKBY ORH 8Y DATE REV

LOCATION wn ooCNR

CLIENT

ISSUE FOR PLANNING APPROlAl

ISSUE FOR OISCUSSICJH

ISSUHORAPPOVAI

AMEllaquogtMENTS TO LAYOUT

NORTII amp STRJCKJA~D STREET DENMARK WA 6llJ

GRAEME ROBERTSON

PRELIMINARY ISSUE FOR DISCUSSION DESCRIPTION

I 0 I 2) $

IMI liiil UM ampCALi 1200

L HN

Al HN

PM u AL HN

P11 L

CHKBY ORN SY

SITE LAYOUT I UNDERCROFT LAYOUT SCAll 1 1GO

llWlS

f 1300 l 1

tHlOOL 1 1

n~o-CIOltems-~_ eltgtd-)cftJ veedkw IM~b-h)-~ ~ lbullbullroi~rrr__ _~_

w-laquo1ne__ __~_~-bullW4

~Clr911fi1M_~Cil~~_9Wd1JI ~ ___~ llorMl on OlllJlID-Wdegbull f9onllt (lll~

5500 6000

CAFE SEATING AREA

l 1

ISSUE

10000

FOR PLANNING APPROVAL

l 1890 5500 1

$

~-------~7--~ ----1

i 11110ltl t f I

CJ

middotmiddot

CAFE (SERVICES AREAS

UYQJfl1C

WC

9010

r MIENDMENIS TO LAYOUT

REV 0poundSCRIPT10N

53800

10910

T T

5 6

= = = -

9010

ISSUE Fell PlMNHG NfROVAI

ISSUE FOR OISCUSSKlN

ISSUE FOR NlROVAI

NIEl40MEN1STOlAYOU1

tJ HN 301G2013 bull PllElMHARY ISSUE FOA OISGUSSIOIlt ClfltBY Dflll8Y OATC RfI 0euroSCRIP110H

3000 3010 3000

T T

8 10

= = =

SrCflt

9010

AL HN

u ~

PM u Al ~

PM u CHlltBY ORNBY

7810

11

II II

== ===== =======J

9010

llQQ201 _

110ll201 PAUL MESCHIATI AND ASSOCIATES 1~08201 ~OESIGNERSNIOP~ __ _ 07oe2013 _deg ~ 24052013

~ CATE

8 r

8 r

FLOOR AREAS

CAFE SEATING CNE IC1101ENIHILUTIONS ~VRUCO

CAFE TOTM

664Tft1 UIS mt 44lleOll

1Wl1

IIll t StORE 418 m2 tlT1~ M15112 ltlT 2SfaE 4Mll2 IHT 2 rJIRPQltl 1US m1 lN13STORE 4192 Hf 3CARPORT M~ Ml IMT4STOAE 5CM-2 lNT 4~ 1U5laquo12 5STDRE 1Cll m2 HT$cNtPClT tU01 lNTfnCJE u1S12 UNrr8CllfU20R1 1UOfft2 Hl7STCPpound 6002 HJ 7 0trAP0RT IUO 2 lHTISl(R 1Cll-J llffT ICNUCIRT 1U02 lHT 9 STME 621 m2 HT t CARPORT 18G ftt2 INT 10SlOAE l00m2 ~rr tOCNIPOT tamp502 NT t t STORE 6002 ~11CAAPORT 11Dm2

GENERAl NOTES

R25

SU8ECT TO QNJSE UJ ~TIS_ l fr IS PROPOIED TMT 1MS Slit BE ltU$$FEDAS RlO

NOTH uuJMlilAOTAA110 oeo AClIAL FOT RAOO 0middot14 8ASED Ofrf lOt- STE ARU-11Mbf2 amp GROSS PLOT IPEgtrz 8LDGS-e9704M2

llOTH -tFEgtISPACI middot~ ACTW OPEN SPACE S7

_ ~t Sl1poundU $El8N)( ~ ACrutrl PRIMARY STJtfET Spound18AClt I ii

PlWI N01 THE IUWNG ALONG S1Nltl(lMD SlAEU HINE A Nil [llllOltNl(llltSPRltllQSOl IS _11pound CJAApoundHT STREETSCNpound

1t5 HEIGHT [TtF Of W11 lOm -HElGK1 (1(1gt Of WALL] Ubull

WJCIEIGlltTrOPOfROOF) 1t 0m IC1W HpoundJGH1 [TOP Of ROOF) 91bull

0 1 2 l bull ~

ci Lj Liiml SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJ ROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRAiiA

F 30102013

A02 to1

---------- - ----- I I I I I

r -==~======1---=======-~ ~ I I

I I

I I I ~~ i I BEiCW

I UNITS ABOVE ---------- ----- - I UHEOFWAIJCWAYAllOI

1 I i i L_ _______ ____________ ___ ____ ____ J I _ I UIE OFWAUCWAYAIKM

I _gt- I I I

I(_ I r-i--~----~----~~~--11iiiiiiiii- ii-- ~-~

07

ELEVATION GIADE

GROUND FLOOR LAYOUT SCALE 100

~ TN woc1 ~ -----f0r ~_ltNdi_ Paulbull~~uo_ __ _~_

INuuof b___~~ ~_bMft __~O ~-rHrU ~~_ 11degdeg ncit olf~

15600

ISSUE FOR PLANNING APPROVAL

9010

F AMEClMENTSTO~YOUT

REV 0poundSCRlT10N

9010

ISSUE FOR PLANNING ~Al

ISSUE FOR DISCUSSION

c ISSUE FOR APlffOVAL

AMENDMENTSTO~YOUT

Al HJ( 30102013 A PRELllINARY ISSUE FOR otsCUSSklH Cllaquo BY ORH BY DATE REV OESOOlTilll

9010

AL HJ( Z7o9201J

Al Hjj 11092013

Pll AL 150ampJOIJ

AL HJ( 070l2013

PM AL 240S2013

CltltBY ORNBY DATE

FlOOR AREAS

UNIT1lNMl Sl1f 2 UNIT 1 AlFRE9CO 11752 UNIT PORCH 562

UNfT 1 TOTAL 11214Z

UHlf 2lNING SU I ml UNIT 2 AllRESCO tU4m2 UtlT 2 PORCH U12

UNIT2roTAL 103teMl

IJNIT3LNING 8118 111Z Utfl 3AllRESCO 11522 UlltIT3PORCH 6hl

UNIT3lOTAL 1037h 1

UtlTHNING 1111fll2 UNIT I AllRESCO 16522 UNIT I PORCH Uf llZ

UNT l lOTAL 103Jt 2

9010

1 0 1 2 l 5 c=i hiiiijOjl Jm-1

SCALE 1100

PAUL MESCHIATI ANO ASSOCIATES PROPOSED MIXED-USE DEVELOPMENT BUILD4NG DESIGNERS ANO PlA~NERS -- GRAEME J ROBERTSON __ ~~ LOT200STRICKlANOSTREET

-------=- -- DENMARK I WESTERN AUSTRALIA

F 30I02013

A03 101

5599

FIRST FLOOR LAYOUT SCALE t tH

l l

10000

ISSUE FOR PLANNING APPROVAL

W 9010 9010

ISSUE FOR PIANNING NPRltNAL

ISSUE FOR DISCUSSION

ISSUEFORAPPROVAL

AMENDMENTS TO LAYOUT

9010

AL ~ 27ot2013

AI HN llot2013

P11 AL 15082013

AI HN 07ot2013

PM AL 2052013

Cl4K 6Y ORNSY OATE

9010 5G50

PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~

FLOOR AREAS

UNITSlllING 12MmZ UHfT s llAlCOHY 14JlllZ

UMTSTOTAl 116052

IHlllMNG 52J1 m2 UMT58AlCONt l t11112

UHIT6TOTAL 1Ulm2

UNIT7lMNG 11112 UHrT181olCONt tl 142

UNIT7T01AL 11JlmZ

UNITIL 8111m2 UNIT lllALCONI 17Sm2

UNrfl TOTAL 111rr i

UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2

UlfT9TOTAL 106n 2

UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ

UlfT 10TOTAL itAf lftl

UNIT 11 LMNG 10022

UhlT 11 BALCONY 12-

UNIT 11 TOTAL 11212

I 0 I l J 5

liiiI liiiiii liiiiiiiiie-1 SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

-F 30102013

A04 1n

I

I I I I

ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO

11 I

I I I I

I

---middot---++-shy __ TO

ELEVATION No 2 bull NORTH STREET ICU1te

lliSMY ni~anobull-middot~~ -~-rNyllllfrb9u frlOI --~flll -~ ~amp~Ptyuobullbull-~ 1111 r~MllPOQshy_ ofdbullClb_~~deg~____~ __ OWllJ9d _ ~ ~ ~ ~---1-l lll DfMbullPlllbull _HO _ ___ ~

ISSUE F OR PLANNING APPROVAL

-~--- ------ ------- -

ISSIEfOR DISCISSIOll

NEICJMEHTS TOLAYOllT

f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg

---------- - --

middot HIlt

~L HH

PM ~L

~L IOI

PM ~L

CHK8Y ORN BY

----

77892013 __

092013

~TCJgtCfPIT08gt1yenX)11~ 1t1gtn i7 _____ _

I I I I

I

I

I

PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~

=-070l2013 __n

---2052013

~ DATE

0 t 1 3 4 I

-------- CiiiiiiP=MI SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A05 101

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 3: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

SITE LAYOUT I UNDERCROFT LAYOUT SCAll 1 1GO

llWlS

f 1300 l 1

tHlOOL 1 1

n~o-CIOltems-~_ eltgtd-)cftJ veedkw IM~b-h)-~ ~ lbullbullroi~rrr__ _~_

w-laquo1ne__ __~_~-bullW4

~Clr911fi1M_~Cil~~_9Wd1JI ~ ___~ llorMl on OlllJlID-Wdegbull f9onllt (lll~

5500 6000

CAFE SEATING AREA

l 1

ISSUE

10000

FOR PLANNING APPROVAL

l 1890 5500 1

$

~-------~7--~ ----1

i 11110ltl t f I

CJ

middotmiddot

CAFE (SERVICES AREAS

UYQJfl1C

WC

9010

r MIENDMENIS TO LAYOUT

REV 0poundSCRIPT10N

53800

10910

T T

5 6

= = = -

9010

ISSUE Fell PlMNHG NfROVAI

ISSUE FOR OISCUSSKlN

ISSUE FOR NlROVAI

NIEl40MEN1STOlAYOU1

tJ HN 301G2013 bull PllElMHARY ISSUE FOA OISGUSSIOIlt ClfltBY Dflll8Y OATC RfI 0euroSCRIP110H

3000 3010 3000

T T

8 10

= = =

SrCflt

9010

AL HN

u ~

PM u Al ~

PM u CHlltBY ORNBY

7810

11

II II

== ===== =======J

9010

llQQ201 _

110ll201 PAUL MESCHIATI AND ASSOCIATES 1~08201 ~OESIGNERSNIOP~ __ _ 07oe2013 _deg ~ 24052013

~ CATE

8 r

8 r

FLOOR AREAS

CAFE SEATING CNE IC1101ENIHILUTIONS ~VRUCO

CAFE TOTM

664Tft1 UIS mt 44lleOll

1Wl1

IIll t StORE 418 m2 tlT1~ M15112 ltlT 2SfaE 4Mll2 IHT 2 rJIRPQltl 1US m1 lN13STORE 4192 Hf 3CARPORT M~ Ml IMT4STOAE 5CM-2 lNT 4~ 1U5laquo12 5STDRE 1Cll m2 HT$cNtPClT tU01 lNTfnCJE u1S12 UNrr8CllfU20R1 1UOfft2 Hl7STCPpound 6002 HJ 7 0trAP0RT IUO 2 lHTISl(R 1Cll-J llffT ICNUCIRT 1U02 lHT 9 STME 621 m2 HT t CARPORT 18G ftt2 INT 10SlOAE l00m2 ~rr tOCNIPOT tamp502 NT t t STORE 6002 ~11CAAPORT 11Dm2

GENERAl NOTES

R25

SU8ECT TO QNJSE UJ ~TIS_ l fr IS PROPOIED TMT 1MS Slit BE ltU$$FEDAS RlO

NOTH uuJMlilAOTAA110 oeo AClIAL FOT RAOO 0middot14 8ASED Ofrf lOt- STE ARU-11Mbf2 amp GROSS PLOT IPEgtrz 8LDGS-e9704M2

llOTH -tFEgtISPACI middot~ ACTW OPEN SPACE S7

_ ~t Sl1poundU $El8N)( ~ ACrutrl PRIMARY STJtfET Spound18AClt I ii

PlWI N01 THE IUWNG ALONG S1Nltl(lMD SlAEU HINE A Nil [llllOltNl(llltSPRltllQSOl IS _11pound CJAApoundHT STREETSCNpound

1t5 HEIGHT [TtF Of W11 lOm -HElGK1 (1(1gt Of WALL] Ubull

WJCIEIGlltTrOPOfROOF) 1t 0m IC1W HpoundJGH1 [TOP Of ROOF) 91bull

0 1 2 l bull ~

ci Lj Liiml SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJ ROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRAiiA

F 30102013

A02 to1

---------- - ----- I I I I I

r -==~======1---=======-~ ~ I I

I I

I I I ~~ i I BEiCW

I UNITS ABOVE ---------- ----- - I UHEOFWAIJCWAYAllOI

1 I i i L_ _______ ____________ ___ ____ ____ J I _ I UIE OFWAUCWAYAIKM

I _gt- I I I

I(_ I r-i--~----~----~~~--11iiiiiiiii- ii-- ~-~

07

ELEVATION GIADE

GROUND FLOOR LAYOUT SCALE 100

~ TN woc1 ~ -----f0r ~_ltNdi_ Paulbull~~uo_ __ _~_

INuuof b___~~ ~_bMft __~O ~-rHrU ~~_ 11degdeg ncit olf~

15600

ISSUE FOR PLANNING APPROVAL

9010

F AMEClMENTSTO~YOUT

REV 0poundSCRlT10N

9010

ISSUE FOR PLANNING ~Al

ISSUE FOR DISCUSSION

c ISSUE FOR APlffOVAL

AMENDMENTSTO~YOUT

Al HJ( 30102013 A PRELllINARY ISSUE FOR otsCUSSklH Cllaquo BY ORH BY DATE REV OESOOlTilll

9010

AL HJ( Z7o9201J

Al Hjj 11092013

Pll AL 150ampJOIJ

AL HJ( 070l2013

PM AL 240S2013

CltltBY ORNBY DATE

FlOOR AREAS

UNIT1lNMl Sl1f 2 UNIT 1 AlFRE9CO 11752 UNIT PORCH 562

UNfT 1 TOTAL 11214Z

UHlf 2lNING SU I ml UNIT 2 AllRESCO tU4m2 UtlT 2 PORCH U12

UNIT2roTAL 103teMl

IJNIT3LNING 8118 111Z Utfl 3AllRESCO 11522 UlltIT3PORCH 6hl

UNIT3lOTAL 1037h 1

UtlTHNING 1111fll2 UNIT I AllRESCO 16522 UNIT I PORCH Uf llZ

UNT l lOTAL 103Jt 2

9010

1 0 1 2 l 5 c=i hiiiijOjl Jm-1

SCALE 1100

PAUL MESCHIATI ANO ASSOCIATES PROPOSED MIXED-USE DEVELOPMENT BUILD4NG DESIGNERS ANO PlA~NERS -- GRAEME J ROBERTSON __ ~~ LOT200STRICKlANOSTREET

-------=- -- DENMARK I WESTERN AUSTRALIA

F 30I02013

A03 101

5599

FIRST FLOOR LAYOUT SCALE t tH

l l

10000

ISSUE FOR PLANNING APPROVAL

W 9010 9010

ISSUE FOR PIANNING NPRltNAL

ISSUE FOR DISCUSSION

ISSUEFORAPPROVAL

AMENDMENTS TO LAYOUT

9010

AL ~ 27ot2013

AI HN llot2013

P11 AL 15082013

AI HN 07ot2013

PM AL 2052013

Cl4K 6Y ORNSY OATE

9010 5G50

PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~

FLOOR AREAS

UNITSlllING 12MmZ UHfT s llAlCOHY 14JlllZ

UMTSTOTAl 116052

IHlllMNG 52J1 m2 UMT58AlCONt l t11112

UHIT6TOTAL 1Ulm2

UNIT7lMNG 11112 UHrT181olCONt tl 142

UNIT7T01AL 11JlmZ

UNITIL 8111m2 UNIT lllALCONI 17Sm2

UNrfl TOTAL 111rr i

UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2

UlfT9TOTAL 106n 2

UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ

UlfT 10TOTAL itAf lftl

UNIT 11 LMNG 10022

UhlT 11 BALCONY 12-

UNIT 11 TOTAL 11212

I 0 I l J 5

liiiI liiiiii liiiiiiiiie-1 SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

-F 30102013

A04 1n

I

I I I I

ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO

11 I

I I I I

I

---middot---++-shy __ TO

ELEVATION No 2 bull NORTH STREET ICU1te

lliSMY ni~anobull-middot~~ -~-rNyllllfrb9u frlOI --~flll -~ ~amp~Ptyuobullbull-~ 1111 r~MllPOQshy_ ofdbullClb_~~deg~____~ __ OWllJ9d _ ~ ~ ~ ~---1-l lll DfMbullPlllbull _HO _ ___ ~

ISSUE F OR PLANNING APPROVAL

-~--- ------ ------- -

ISSIEfOR DISCISSIOll

NEICJMEHTS TOLAYOllT

f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg

---------- - --

middot HIlt

~L HH

PM ~L

~L IOI

PM ~L

CHK8Y ORN BY

----

77892013 __

092013

~TCJgtCfPIT08gt1yenX)11~ 1t1gtn i7 _____ _

I I I I

I

I

I

PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~

=-070l2013 __n

---2052013

~ DATE

0 t 1 3 4 I

-------- CiiiiiiP=MI SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A05 101

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 4: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

---------- - ----- I I I I I

r -==~======1---=======-~ ~ I I

I I

I I I ~~ i I BEiCW

I UNITS ABOVE ---------- ----- - I UHEOFWAIJCWAYAllOI

1 I i i L_ _______ ____________ ___ ____ ____ J I _ I UIE OFWAUCWAYAIKM

I _gt- I I I

I(_ I r-i--~----~----~~~--11iiiiiiiii- ii-- ~-~

07

ELEVATION GIADE

GROUND FLOOR LAYOUT SCALE 100

~ TN woc1 ~ -----f0r ~_ltNdi_ Paulbull~~uo_ __ _~_

INuuof b___~~ ~_bMft __~O ~-rHrU ~~_ 11degdeg ncit olf~

15600

ISSUE FOR PLANNING APPROVAL

9010

F AMEClMENTSTO~YOUT

REV 0poundSCRlT10N

9010

ISSUE FOR PLANNING ~Al

ISSUE FOR DISCUSSION

c ISSUE FOR APlffOVAL

AMENDMENTSTO~YOUT

Al HJ( 30102013 A PRELllINARY ISSUE FOR otsCUSSklH Cllaquo BY ORH BY DATE REV OESOOlTilll

9010

AL HJ( Z7o9201J

Al Hjj 11092013

Pll AL 150ampJOIJ

AL HJ( 070l2013

PM AL 240S2013

CltltBY ORNBY DATE

FlOOR AREAS

UNIT1lNMl Sl1f 2 UNIT 1 AlFRE9CO 11752 UNIT PORCH 562

UNfT 1 TOTAL 11214Z

UHlf 2lNING SU I ml UNIT 2 AllRESCO tU4m2 UtlT 2 PORCH U12

UNIT2roTAL 103teMl

IJNIT3LNING 8118 111Z Utfl 3AllRESCO 11522 UlltIT3PORCH 6hl

UNIT3lOTAL 1037h 1

UtlTHNING 1111fll2 UNIT I AllRESCO 16522 UNIT I PORCH Uf llZ

UNT l lOTAL 103Jt 2

9010

1 0 1 2 l 5 c=i hiiiijOjl Jm-1

SCALE 1100

PAUL MESCHIATI ANO ASSOCIATES PROPOSED MIXED-USE DEVELOPMENT BUILD4NG DESIGNERS ANO PlA~NERS -- GRAEME J ROBERTSON __ ~~ LOT200STRICKlANOSTREET

-------=- -- DENMARK I WESTERN AUSTRALIA

F 30I02013

A03 101

5599

FIRST FLOOR LAYOUT SCALE t tH

l l

10000

ISSUE FOR PLANNING APPROVAL

W 9010 9010

ISSUE FOR PIANNING NPRltNAL

ISSUE FOR DISCUSSION

ISSUEFORAPPROVAL

AMENDMENTS TO LAYOUT

9010

AL ~ 27ot2013

AI HN llot2013

P11 AL 15082013

AI HN 07ot2013

PM AL 2052013

Cl4K 6Y ORNSY OATE

9010 5G50

PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~

FLOOR AREAS

UNITSlllING 12MmZ UHfT s llAlCOHY 14JlllZ

UMTSTOTAl 116052

IHlllMNG 52J1 m2 UMT58AlCONt l t11112

UHIT6TOTAL 1Ulm2

UNIT7lMNG 11112 UHrT181olCONt tl 142

UNIT7T01AL 11JlmZ

UNITIL 8111m2 UNIT lllALCONI 17Sm2

UNrfl TOTAL 111rr i

UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2

UlfT9TOTAL 106n 2

UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ

UlfT 10TOTAL itAf lftl

UNIT 11 LMNG 10022

UhlT 11 BALCONY 12-

UNIT 11 TOTAL 11212

I 0 I l J 5

liiiI liiiiii liiiiiiiiie-1 SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

-F 30102013

A04 1n

I

I I I I

ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO

11 I

I I I I

I

---middot---++-shy __ TO

ELEVATION No 2 bull NORTH STREET ICU1te

lliSMY ni~anobull-middot~~ -~-rNyllllfrb9u frlOI --~flll -~ ~amp~Ptyuobullbull-~ 1111 r~MllPOQshy_ ofdbullClb_~~deg~____~ __ OWllJ9d _ ~ ~ ~ ~---1-l lll DfMbullPlllbull _HO _ ___ ~

ISSUE F OR PLANNING APPROVAL

-~--- ------ ------- -

ISSIEfOR DISCISSIOll

NEICJMEHTS TOLAYOllT

f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg

---------- - --

middot HIlt

~L HH

PM ~L

~L IOI

PM ~L

CHK8Y ORN BY

----

77892013 __

092013

~TCJgtCfPIT08gt1yenX)11~ 1t1gtn i7 _____ _

I I I I

I

I

I

PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~

=-070l2013 __n

---2052013

~ DATE

0 t 1 3 4 I

-------- CiiiiiiP=MI SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A05 101

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 5: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

5599

FIRST FLOOR LAYOUT SCALE t tH

l l

10000

ISSUE FOR PLANNING APPROVAL

W 9010 9010

ISSUE FOR PIANNING NPRltNAL

ISSUE FOR DISCUSSION

ISSUEFORAPPROVAL

AMENDMENTS TO LAYOUT

9010

AL ~ 27ot2013

AI HN llot2013

P11 AL 15082013

AI HN 07ot2013

PM AL 2052013

Cl4K 6Y ORNSY OATE

9010 5G50

PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~

FLOOR AREAS

UNITSlllING 12MmZ UHfT s llAlCOHY 14JlllZ

UMTSTOTAl 116052

IHlllMNG 52J1 m2 UMT58AlCONt l t11112

UHIT6TOTAL 1Ulm2

UNIT7lMNG 11112 UHrT181olCONt tl 142

UNIT7T01AL 11JlmZ

UNITIL 8111m2 UNIT lllALCONI 17Sm2

UNrfl TOTAL 111rr i

UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2

UlfT9TOTAL 106n 2

UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ

UlfT 10TOTAL itAf lftl

UNIT 11 LMNG 10022

UhlT 11 BALCONY 12-

UNIT 11 TOTAL 11212

I 0 I l J 5

liiiI liiiiii liiiiiiiiie-1 SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

-F 30102013

A04 1n

I

I I I I

ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO

11 I

I I I I

I

---middot---++-shy __ TO

ELEVATION No 2 bull NORTH STREET ICU1te

lliSMY ni~anobull-middot~~ -~-rNyllllfrb9u frlOI --~flll -~ ~amp~Ptyuobullbull-~ 1111 r~MllPOQshy_ ofdbullClb_~~deg~____~ __ OWllJ9d _ ~ ~ ~ ~---1-l lll DfMbullPlllbull _HO _ ___ ~

ISSUE F OR PLANNING APPROVAL

-~--- ------ ------- -

ISSIEfOR DISCISSIOll

NEICJMEHTS TOLAYOllT

f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg

---------- - --

middot HIlt

~L HH

PM ~L

~L IOI

PM ~L

CHK8Y ORN BY

----

77892013 __

092013

~TCJgtCfPIT08gt1yenX)11~ 1t1gtn i7 _____ _

I I I I

I

I

I

PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~

=-070l2013 __n

---2052013

~ DATE

0 t 1 3 4 I

-------- CiiiiiiP=MI SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A05 101

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 6: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

I

I I I I

ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO

11 I

I I I I

I

---middot---++-shy __ TO

ELEVATION No 2 bull NORTH STREET ICU1te

lliSMY ni~anobull-middot~~ -~-rNyllllfrb9u frlOI --~flll -~ ~amp~Ptyuobullbull-~ 1111 r~MllPOQshy_ ofdbullClb_~~deg~____~ __ OWllJ9d _ ~ ~ ~ ~---1-l lll DfMbullPlllbull _HO _ ___ ~

ISSUE F OR PLANNING APPROVAL

-~--- ------ ------- -

ISSIEfOR DISCISSIOll

NEICJMEHTS TOLAYOllT

f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg

---------- - --

middot HIlt

~L HH

PM ~L

~L IOI

PM ~L

CHK8Y ORN BY

----

77892013 __

092013

~TCJgtCfPIT08gt1yenX)11~ 1t1gtn i7 _____ _

I I I I

I

I

I

PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~

=-070l2013 __n

---2052013

~ DATE

0 t 1 3 4 I

-------- CiiiiiiP=MI SCALE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A05 101

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 7: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

COlOllllCN)~O~PfTCH------shy

6 SECTION A-A SCAL1 1bull

i i

11 COlOfIOtCl~OJJPflCH-i

I

lt ---j-~ ----

a __

I ~1-~-i----

a 6 Cl -

~

bullbullbull SECTION B-B sail l ICID

CXllOlllONgttbulllOf

txrPfT0t - ---middot--

~1000wgtltal

---Cl

D UNIT6 UNIT 8

~- llllU0 ---- ---- -----1 Vt4l1~~~ - llaJIY l11i-bull10mroimwA111iiii11- --1i-0 __ __6===1l~I

UNIT S

D DD UNIT2

Ill

~

~------ fMBER GAILE TD ROOF

rMRMLCOHi

It~ 12llll

D

Cl

~-~ -l~~~~~~~~~~~~~~~~~~t=======t--- -+-t-~t---- ~-1~~~~ 1MT r111uao

--- ~- - - - -

SECTION C- C SCAlf1 1CD

~ r __91111 GOll~_- enctbulllbf ~_--~ PN~a -- Lld fOl__~Jcw_~bull~-

STORE

I

STORE STORE - - - - - - NG - -

D ISSUE FOR DISCUSSION

C ISSUE FOR APPROVAi

amp AMENOMeuroNTS TO LAYOUT

UNIT9 Jl 1l IO

-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-

ISSUE FOR PLANNING APPROVAL

l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION

UNIT 3

AL HH 27092013

Al H11 IUll2013

PN 150ll2013

AL HH 07DS2013

PM u 2o52013

CH1lt8Y ORNSY OATC

t Cl

IR10 ~ I

~10N1UOD I

UNIT4 ~ I ___ J

1 0 1 J bull s cJ---1 IOiiiiFJMMI

SCALE 1100

_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES

~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA

F 30102013

A06 101

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 8: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

I

OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt

l + 1

0 0 bull ~ -QO i) 0

OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100

ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD

~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo

~ na bull ~~-QOll~--MWll~arW ~fbJ _ wNah _

PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~

~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_

ISSUE FOR PLANNING APPROVAL

bull

1

ii

I

OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO

l - l l 1 1

g

OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI

ISSUE FOR PLANNING-1gt1 AL HN

ISSUE FOR DISCUSSION AL HJj

PM AL

AMElltOMENTSTOLAYOllT AL HN

PM AL

CiK BY ORN BY

+

---- ------ -----~

I

-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot

- f

0 0 - f) ) vo

a

0 --f) )

-OPTION C I COMMERCIAL GROUND FLOOR SCl l t IO

27ll92013

_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE

FlOORAREAS

~

OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ

01llTmiddotllINi 311Sm2

UICI bull llALCONV 179rnZ

lllTTOTlgtI 111n i

~

GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2

FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512

~TFLOOR TOTAL 111nmZ

9ft

OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ

OFFU TOTAL 10)68mZ

AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81

ARST FLOOR TOTAL 98n

1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100

PROPOSED MIXED-USE DEVELOPMENT

GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA

F 30102013

AO 101

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 9: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

PROPOSED MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET

DENMARK

AYTON BAESJOU PLANNIN G

PLANNING REPORT

Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd

A8N 15061140172

I I Duke Street Albany WA 6330

Ph 9842 2304 Fax 9842 8494

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 10: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

Contents

1 INTRODUCTION 1

2 LOCATION AREA AND ZONING 1

LOCATION PLAN 1

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2

4 PLANNING CONTEXT bull 7

41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10

5 PROPOSED DEVELOPMENT 11

51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13

6 CONCLUSION 18

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 11: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

1 INTRODUCTION

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The owners of Lot 200 Strickland Street propose to develop a mixed use development in

accordance with the Residential Design Codes which have recently been amended to encourage

such development

The project will include a cafe facing North Street four commercial offices located at ground

level along Strickland Street and seven residential units on the first floor above the cafe and

offices The offices also have flexibility to be used as residential units or connect through to

residential accommodation on the first floor

The following report provides background information in support of the proposal

2 LOCATION AREA AND ZONING

Lot 200 is located on the south east corner of Strickland Street and North Street within the

Denmark town centre Refer Location Plan below

The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of

Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the

property

Y201340 GJ RobertsonPR_Nov13doc - 1 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 12: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Lot 200 was originally developed with a single dwelling which has recently been demolished

The land is now vacant and is bounded by Strickland Street on its western boundary and North

Street on its northern boundary A five metre wide ROW abuts the southern boundary A single

storey residential dwelling is located on the lot to the east A feature survey of the site is

attached

The balance of the super lot which also fronts South Coast Highway and Horsley Road is used

for a mix of commercial development including caferestaurants newsagent liquor store art

gallery real estate offices and shops To the west on the opposite side of Strickland Street is

the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot

257 which is currently reserved for a fire station

A portion of the old hospital reserve has recently been developed for a public car park with 28

car bays Streetscape works within Strickland Street have also significantly increased on-street

car parking with right angle car parking provided adjacent to the subject land

The site slopes relatively gently from the south western corner of the property which is

approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO

The site is connected to all essential services such as scheme sewer water power and

telecommunications

The nature and character of nearby and surrounding development are illustrated in the

photographs overleaf There is a mix of single and two storey development which

predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves

predominate A wide range of materials are used including brick and rendered walls and timber

cladding The IGA building is an example of a modern larger scale building which nevertheless

has been successfully integrated amongst the more traditional buildings

Y201340 GJ RobertsonPR_Nov13doc 2

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 13: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting South Coast Highway

M IXED U SE DEVELOPMENT

LOT 200 STRICKLAND STREET D ENMARK

War Memorial located on South West corner of South Coast Highway and Horsley Road

Y201340 GJ RobertsonPR_Novl3doc - 3-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 14: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Shops fronting Horsley Road

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Car Park Located within Reserve on northern side of North Street

Y201340 GJ RobertsonPR_Nov13doc - 4 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 15: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Right angle car parking located adjacent to Lot 200

Single and two storey Commercial development on Strickland Street

Y201340 GJ RobertsonPR_Nov13doc -s-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 16: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

M IXED U SE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

IGA supermarket located on Strickland Street opposite the subject land

Y201340 GJ RobertsonPR_Novl3doc - 6 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 17: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

4 PLANNING CONTEXT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and

the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential

Design Codes are the main planning documents which regulate and provide guidance in relation

to potential development options for Lot 200

41 Town Planning Scheme No 3

As a commercially zoned site there are a wide range of uses that can be approved including

residential development and most forms of commercial development such as shops restaurant

art gallery holiday accommodation medical centre garden centre hotel tavern and winery

Residential development as a separate use is based on the R25 Density Code which designates a

minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four

dwellings to be constructed on the site

Extract from TPS3 Zoning Map

Y201340 GJ RobertsonPR_Nov13doc

LOCAL SCHE~ RESERVES

I Drainage and Walerbodies

Parks and Recfealion

NgtllcUse OOltOIBgtASFltUOWS

FS FStion H _Silbull

ZONES D Residential

bull cooirncial

OTHER District Hailage Boundiwy (EESOampE TEX1)

RCodes

Additional Uses

- Scheme Boundary

reg ORIG A4 SCALE 1 3000

-7 -

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 18: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Where residential development is proposed in conjunction with other development in the

Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine

the appropriate density code to apply for development requirement purposes The Scheme

Report Section 121 Development confirms the intent of clause 533 stating Provision is made

for the Council to determine the appropriate density where residential development is

combined with commercial development in the commercial zone

While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple

Dwelling is not listed within the table As the proposed development involves dwellings located

above each other they are defined as Multiple Dwellings

Similarly Mixed Use Development is not listed within the Zoning Table

Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be

determined as falling within the interpretation of one of the use categories Clause 325 of the

Scheme provides Council with the option to either determine that the use is not consistent with

the purpose and intent of the particular zone and is therefore not permitted or alternatively to

determine by absolute majority that the use may be consistent with the purpose and intent of

the zone and thereafter follow the procedure set out in Clause 64 in considering an application

for planning consent Clause 64 provides for the proposal to be advertised for public comment

prior to consideration by Council

42 Local Planning Strategy

The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme

with two of its guiding principles being

1 To provide a range of compatible housing lifestyle choice and associated development in

harmony with the existing character and community spirit enjoyed by Denmark

2 To provide a (Denmark) town centre that continues to be a focus for all forms of

commercial activity that supports a vibrant town centre and meets the diverse needs for

the community and contributes towards a high level and range of employment

opportunities for local residents

Y201340 GJ RobertsonPR_Nov13doc -8 -

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 19: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AVTON 8AESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

Strategies to implement the future residential requirements of the Shire include

Council support private and public development of aged accommodation in suitable locations

having regard to issues including but not limited to close proximity to commercial and

community facilities good accessibility (both vehicular and pedestrian access) and topography of

the site having regard to the nature of the occupant

While the proposed development is not an aged persons complex interest in the units is

predominantly from people of retirement age

More specific guidance is provided by the Commercial Strategy

43 Commercial Strategy- Policy No 31

The Commercial Strategy notes that The form of development preferred for the core area will

be a combination of retail office restaurants and some residential incorporated into new

developments where appropriate Recommendations include

bull encourage redevelopment and infill of existing Commercial zoned land in the CBD

bull encourage mixed use development throughout the CBD

bull ensure new development complements and conforms with the existing character of the

core of the CBD

These recommendations are supported by Liveable Neighbourhoods which focuses on achieving

higher densities of development to achieve more sustainable urban outcomes The provision of

a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle

choices is supported An appropriate range of higher density housing is particularly supported in

and around town centres

44 Residential Design Codes

Clause 523 of TPS3 requires all residential development to comply with the requirements of the

residential design Codes The codes have recently been amended to facilitate mixed use

development and improve the quality of multiple dwelling developments in line with

contemporary planning needs It is noted that the provisions in the R Codes for areas coded less

V201340 GJ Aobertson PR_Nov13doc bull 9

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 20: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

that R30 do not generally encourage housing density affordability and flexibility Part 6 of the

Codes addresses these issues and aim to improve the quality of multiple dwellings development

in line with contemporary planning needs Specifically the provisions aim to

bull expand the permissible range of housing within individual residential codings to better

meet the housing needs of the community

bull facilitate the development and redevelopment of existing housing sites

bull improve the standard of design for multi-unit housing and encourage the development of

housing with design principles appropriate to form and

bull build the capacity of local government to interpret and apply new methods for

assessment and promotion of multi-unit housing and mixed use development

One of the main differences for areas coded R30 or greater is that here is no minimum site area

per dwelling for multiple units Instead plot ratio setbacks and building height guide the form

of the development and there is a greater emphasis on the use of design principles

45 Townscape Policy - Policy No 15

The townscape policy provides building guidelines which support

bull Development proposals that harmonise with the landscape and existing buildings

bull Development that is of a domestic scale including historic methods of construction

materials posted verandas the use of heritage colours and the enhancement of

pedestrian amenities

bull Low impact commercial development proposals that enhance pedestrian movement and

access and create a domestic scale of design

46 South Coast Highway Commercial Developments - Policy No 261

While the subject land does not fall within the policy area elements of the policy are relevant to

the proposal These include

bull an architectural style sympathetic to the current historic commercial core of the CBD

bull roof pitches in the range of 20deg to 40deg

bull location of car parking and delivery areas to the rear of the development

bull screening of rubbish containers

Y201340 GJ RobertsonPR_Nov13doc -10-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 21: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

5 PROPOSED DEVELOPMENT

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development is illustrated on the attached site plan elevations and

cross sections (Plans AOl to A07)

The essential elements of the plan consist of

bull a cafe located on the north west corner of the site with an internal area and north facing

alfresco area which is orientated to the north

bull four commercial offices located at ground level which directly front Strickland Street

bull seven residential units located on the first floor above a cafe and offices

bull car parking and storage located within an under croft

The four commercial offices have been designed so that they can be used as residential units

should demand for the offices not eventuate in the short to medium term Further flexibility is

provided to allow for the ground floor to be used for commercial purposes with residential

accommodation on the first floor Refer Plan A07 Alternate Occupancy Options

tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background

and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year

2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be

accommodated in the CBD by 2031

A commercial floor space to site area ratio of 14 is used to determine the amount of land

required to accommodate the additional floor space this being 360ha of land

The proposed development will provide a total area of commercial floor space of 478lm 2 on the

ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio

used to forecast future requirements

Y201340 GJ RobertsonPR_Nov13doc -11-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 22: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While there are a number of vacant shops in the CBD (December 2013) application to build a

supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged

While this proposal has been refused predominantly for design reasons the applicant has been

invited to resubmit with a revised design The supermarket consists of 2650m2 with an

additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the

retail floor space required to 2031 As such it will have a significant impact on the CBD and will

inevitably tend to draw commercial development to the western end of the CBD It is

understood the existing IGA building opposite the subject land may be used as a library

Based on the above scenario it is considered the proposed development is a logical use of land

given the fact that shop retail floor space is likely to be well catered for the foreseeable future

The proposed mixed use development will help to retain the vitality of the traditional core of the

CBD which may suffer further loss of retail floor space when the new supermarket is built

Based on the general site requirements for multiple dwellings in areas coded R30 or greater

within mixed use development as set out in Table 4 of the Codes an R Code of SO is

recommended for the proposed development

Within this density code the following site requirements apply

Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof

06 45 2 2 9 I 12

Y201340 GJ RobertsooPR_Novl3doc -12-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 23: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PIANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The following section assesses the proposal against the design principles outlined in Part 6 of the

Residential Design Codes

51 Design Principles (Refer Part 6 of the Residential Design Codes)

Building Size 611

The bulk and scale of the proposal is in keeping with existing character of the Denmark town

centre which is predominantly single and two storey development Plot ratio is 054 which

complies with the maximum plot ratio requirements (060) set out in Table 4

Building Height 612

The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum

height to the top of the roof is 97m compared to the maximum permitted of 120m

The development in terms of its build and height has no detrimental impact on adjoining

properties streetscape and adjoining reserves

Street Setback 613

The residential dwellings have a one metre setback from Strickland Street compared to

minimum required primary street setback of two metres However development along

Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial

zone is a nil setback

Balconies are located entirely within the property boundary

Lot Boundary setbacks 614

The development complies with the minimum lot boundary setback requirements set out in

Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context

The cafe and office uses are confined to the ground floor and front North Street and Strickland

Street where they have direct access from on street car parking

Y201340 GJ RobertsonPR_NovBdoc -13-

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 24: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKIAND STREET DENMARK

The residential component of the mixed use development is effectively separated by being

located on the first floor with access from the rear This arrangement minimises potential

conflicts between the commercial and residential uses

Open Space 615

The development complies with minimum open space of 45 as set out in Table 4 Actual

provision is 57

Street Surveillance 621

The development provides excellent surveillance of both Strickland Street and North Street

Entrances from the ground floor dwellings are clearly visible and windows and balconies from

first floor units provide elevated views of the street Fencing is designed to provide both private

alfresco areas as well as porches which are open and visible from the street Fencing consists of

a mix of feature walls and low rendered walls with transparent timber slats on top

Balconies and windows from habitable rooms provide good surveillance to the rear of the units

overlooking the footpaths walkways vehicular access and car parking areas

Sight Lines 623

Unobstructed sight lines are provided at vehicle accessegress points off North Street and

Strickland Street

Building Appearance 624

The design of the development with (30deg) pitched colorbond rooves a mix of rendered and

texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in

keeping with the local policy guidelines and character of the Denmark CBD

The design and orientation of the cafe to North Street minimises any potential conflict with the

residential units

Y2013 40 GJ Robertson PR_Nov13doc - 14-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 25: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Site Planning amp Design 63

Outdoor Living Areas 631

MIXED USE DEVELOPMENT

Lor 200 STRICKLAND STREET DENMARK

Each unit is provided with a balcony or alfresco area accessed directly from a habitable room

and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m

Landscaping 632

Car parking does not intrude into the street setback areas and the location of the car parking

within the site enables an attractive street fa~ade to be developed which is not dominated by

garage doors or car ports

Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent

to the cafe Wheelchair accessibility is provided to the cafe and associated car parking

Parking 633

A total of seven car bays are required for the seven residential units which include five medium

sized units one small single bedroom unit and one large three bedroom unit

Two visitor car bays are required and Council is requested to agree that these can be

accommodated within the extensive on street car parking provided within Strickland Street It is

anticipated that most visits to the units will occur outside normal working hours when car

parking is not at a premium

Each of the four offices on the ground floor has 8118m2 of floor space and will require two car

bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the

under croft layout) These bays can be used by the ownermanager of each office and are

separated from the residential car bays

With regard to the cafe one car bay is required per four persons Based on a maximum capacity

within the cafe of 30 persons 75 car bays are required Five car bays are provided within the

site including one handicapped bay

Y 201340 GJ Robertson PR_NovBcloc -15-

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 26: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AVTON BAESJOU PIANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

While additional car bays can be provided by way of cash-in-lieu Council is requested to

consider a relaxation given the availability of car parking in this locality Design Element P33 of

the Residential Design Codes notes that in activity centre locations (town centres) consideration

may be given to a reduction in on-site car parking provided

bull available street car parking is controlled by local government and

bull the decision maker is of the opinion that a sufficient equivalent number of on-street

spaces are available near the development

The availability of right angle car parking on Strickland Street the twenty eight car bays on the

northern side of North Street and proposed relocation of the IGA supermarket will also reduce

the pressure for car parking in this peripheral part of the CBD

It should be noted that the office space may not be initially taken up and that it may be used for

residential purposes until there is demand for commercial floor space Car parking provision

would then comply until such time as commercial use eventuates

Bicycle Spaces

Bicycle spaces can be provided within the storage facilities which are located adjacent to the car

parking space provided for each unit as suggested by the Residential Design Code guidelines

One visitor bicycle space is required and can be accommodated in a suitable location in

discussion with Council officers

Design of Car Parking Spaces amp Vehicular Access 634

Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy

comply requirements set out in the Codes

Site Works 636

The development has been designed to fit the topography of the site with minimal excavation

and fill required to achieve the under croft parking and storage

Y201340 GJ Robertson PR_NovBdoc -16-

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 27: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

Building Design 64

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The built form of the proposed development meets the design principles outlined in the

Residential Design Codes with respect to

bull Visual Privacy

bull Solar Access for adjoining sites and

bull Dwelling size

Further consideration at the detailed design stage will need to be given to ensure external

features such as solar collectors aerials antennae satellite dishes and pipes are integrated into

the design and are not visually obtrusive from the street or neighbouring properties

Utilities amp Facilities

Internal storage areas have been provided for each dwelling and storage areas provided for

rubbish bins which are screened from the street

Y201340 GJ Robertson PR_Novl3doc -17 -

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 28: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AVTON BAESJOU PLANNING

CONSULTANTS IN UR6AN amp REGIONAL PLANNING

6 CONCLUSION

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

The proposed mixed use development consisting of a mix of commercial and residential units is

a high quality development which will blend in and enhance the streetscape ofthe CBD

It is a maximum of two storeys which is not out of context with the scale and appearance of

existing development in the CBD

Although the site is located on the periphery of the CBD it is shown as Core Commercial in

Councils Commercial Strategy Consequently the development provides for commercial

development on the ground floor with a total area of 4781m2bull This represents a site area ratio

of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements

for commercial development in the CBD

Using the Residential Design Codes which have recently been amended to encourage mixed use

development and now form part of Councils Town Planning Scheme seven residential units can

be accommodated above the Commercial uses This is entirely in keeping with best planning

practice where the objective is to provide

bull a greater variety of housing types

bull increased density of housing within and around town centres

bull provision of housing within walking distance of shops and all CBD facilities

bull improved surveillance within the commercial area

bull a more vibrant town centre

These initiatives together create a more sustainable urban environment while at the same time

retaining and enhancing the character of the Denmark Town Centre

Following preliminary consultations with councillors on the July 30th 2013 the architects Paul

Meschiati and Associates have revised the plans to provide wheel chair access to four of the

units on the first floor with three requiring steps for access

Y201340 GJ RobertsonPR_Nov13doc - 18 -

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 29: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

AYTON BAESJOU PLANNING

CONSULTANTS IN URBAN amp REGIONAL PLANNING

MIXED USE DEVELOPMENT

LOT 200 STRICKLAND STREET DENMARK

As noted in the attached letter from the proponent Mr Graeme Robertson demand for this

form of mixed use development has been demonstrated by the response to the proposal from

local residents

In order for the development to proceed Councils discretion is required to utilise Clause 325

of the Town Planning Scheme which allows Council to consider the development (mixed use) as

a use not listed in the zoning table and determine by absolute majority that the proposed

use may be consistent with the purpose and intent of the zone and thereafter follow the

procedure set out in Clause 64 in considering an application for planning consent

Clause 64 provides for the proposal to be advertised for public comment which provides Council

with further opportunity to ensure the proposal is broadly canvassed prior to a decision being

made

The only issue that has been difficult to resolve is the ability to accommodate all the car parking

required on-site A total of 16 car bays have been accommodated on site with a short fall of 25

car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The

Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed

use development on site in town centres and suggest a relaxation maybe considered where

Council is in control of car parking in the vicinity and where there is sufficient car parking in the

area to cover the shortfall It is considered that both these prerequisites apply in this instance

In conclusion it is considered the proposed development will contribute to the vitality and

economy of the Denmark CBD in a manner which will meet an identified demand in this area

The quality of the development will also set a standard for potential further mixed use

development incorporating higher residential densities

With the prospect of a significant expansion of retail activity moving westwards along South

Coast Highway it is more than likely that the commercial focus of the town will also shift in that

direction Should this occur it is considered the proposed mixed use development will help to

shore up the vitality of the north eastern corner of the CBD

Y201340 GJ RobertsonPR_Novl3doc middot 19

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 30: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

NORTH STREET

L

GROUND FLOOR LA OllT

2Ei24~BW

GfieiJyen4i AA d

SCALE 1200

bull n bull

deg

NORTH STREET

RRST FLOOR LAYOUT

NORTH STREET

SECOND FLOOR Lt OUT

s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=

middot7f_ 0

PROPOSED OEVELOPMENT

ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA

GRAEMO RDSSRTSON

ea
Typewritten Text
21 January 2014 - Attachment 814 b

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 31: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

FlOOR PLAN TPICAL TO UNITS 4 amp 6

FLOOR PLAN TYPICAi TO UraquolTS I bull 3

2955

il ll

SHOP~ OVER

][ID

FLOOR PLAN TYPICAL TO CAFE

SMgt

flOOR PLAN TYPtcAl TO UNiS S amp 7

UNIT40VER

l []D t--

SHOP4 I ~ II

_ 1========1

FLOOR PLAN TYPICAL TO OFFICE

SHOP l 90W

lliDITJ

FLOOR LAN TiPlCAl TO SHOPS 1 bull 4

~obull~iti Sl-t~gtshy

~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~

bull bull

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 32: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I

~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~

lbullS1~H)

~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--

U) bull bull

O)

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 33: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET

DENMARK

5 r----1 f5 r---i 25

sT1poundET t_~ge of _

~Q

bull

c=J~L__J~

SCALE BAR JN METFESmiddot

LICENSED SURYORS Mklaquo~ fOllod)I

~~rraquo~m ~~~middot~J Mob-cci U~Ml

bullOtmbull1ltoWgt

TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0

LOCATION

CLIENT

~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl

J ~fltJ111JdegbullHJgtIJlt

$ 16tlOi

L

UNtlEREROFT I CAFE ilOOR LAYOUT

1n2~0~1~

0middotL2 r 1 SCALE 1200

bull

~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~

~f i~St~1]~J~~i~~~~~~~

NORTH STREET

S4oW lltto~u __o_w=~laquoltn

raquogt~tiSJotlOl fltOSohltm sect~middot

PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt

bull

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 34: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

TBMSflKE IN BIT X

RLe6p

FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET

DENMARK

STREET middot~~~~~~t (dge of C

degmiddot~middot-middot lo rro

~

SHffi

201

[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES

NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ

DENMARK SURVEY amp MAPPING

LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347

JOB 1280 140907

PO Box 339 1155 Strickland Street DENMARK WA 6333

Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau

ABN 65 801 497 860

LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333

CLIENT GRAEME ROBERTSON

REmiddotISSU[ FOR PLANNING APPROVAL

A ISSUE FOR PLANNIN(i APPLICATION

REV DESCRIPTION

(OlYRIGHT copy

ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi

UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO

2 0 2 4 6 8 10

~ SCALE 1200

1010310~

Af 08101108

CHK SY ORN 6Y $SUBY DATE

Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates

DISCLAIMER

~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for

Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy

SITE DETAILS

LOT No 200 ADDRESS Crn North amp Stmklarid

Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO

201

1641m2

1090m2

11-1 34

~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V

ffe D or of Planning amp Sustainability

D These Planbull are refused for lhe reasons contained m Appendix v

Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

REmiddot1SIONNo

B 100308 SHEET

1 4

ea
Typewritten Text
21 January 2014 - Attachment 814 c

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 35: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

NORTH STREET

SHOP2 -middot - _ ~

GROUND FLOOR LAYOUT

2 0 2 4 ( 8 10

~i SCALE 1200

] 0 0

0

~---1()

I

i ~ I L __ l

I I I I

~~~~OVER I I I I

~

0

201

FIRST FLOOR LAYOUT

NORTH STREET NORTH STREET

SECOND FLOOR LAYOUT suu 1-lll

REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406

RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08

REVISED ISSUE FDR PLANNING APPUCATION 2502Di

ISSUE FOR PLANNING APPLl(ATION OBIOl08

DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf

COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~

DIS~LAIMfR

-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy

Shire of Denmark JllJ1raquo1lampConsent

ROVED REFUSED

0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V

-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE

MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT

I AS SH1JWN iAll ~ PROJECT No_ J

228-008

IREVJSIOJNo

Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau

PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON

D 2104 08

SlfEET

2 4

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 36: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

RECEPTION

---

fOROffJC~OVER

FLOOR PLAN TYPICAL TO CAFE stbullL 1 100

1 Q l J I

~~ SCALE 1100

CAFE

LKIO CAFElAYOLTTll1-

2955

CAFE KITCHEN AND SERVERY FITDUT TBA

CAFE ABLUTIONS TO COMPLY TO BEA TB A

SHOP40VER

I ffl 88 I

FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-

ENTRY

rluJiJNrlE u~

I

~~~ (

SHOP I 90mi

IFFL1D9I

LNDYPDR BATH

)lt~(gt

FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~

FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111

UNIT I OVER ~---==I

1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------

I FFL 8 8 I --1arnaitiJ Consent

REFUSED i-~l======J

v

FLOOR PLAN TYPICAL TO OFFICE

Rpound-ISSUE FOR fLANN1N6 APROHl 10103100

R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R

A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108

REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH

COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates

OISLAIM[R

This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty

e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V

bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I

- I DATE PROJECT No =bull MARC~ 2008 228-008

MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3

14 I

~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708

RAE ME ROBERTSON

1 J

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 37: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

NORTH ELEVATION (NORTH STREET) SHI 100

WEST ELEVATION (STRICKLAND STREET) HALE 100

SCALE 1-100

B~WLLWshy

0RTLIC RENlR

----~-400~~middottf011~

110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit

BCgt GllTTER

fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT

SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~

amppoundQl~ITY rATE

LETTEllOOgtltE5 FOR UM1TS~l5

~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08

RAMP SHOWN ON NORJH [lfVAHON 150308

RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S

REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108

ISSUE fO PiANMN6 APPLICATION 0801108

DESCRIPTION [HK BY ORN BY ISSU BY DATE

COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe

OIS[LAIMER

Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly

middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V

Director of Planning ll Sustainability

BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==

I

DATE-

Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau

-MAR(H 2008 228-008 r=---1 PROJECTCLIENT

~PROPOSED DEVELOPMENT

OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON

REVISION No

E 21 04_08

SHEET

414

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 38: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street

DenmarkDate Tuesday 14 January 2014 101854 AM

From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an

area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required

middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply

In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map

middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council

In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding

ea
Typewritten Text
21 January 2014 - Attachment 814 d

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 39: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 40: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 41: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 42: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 43: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 44: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email dpsdenmarkwagovau website wwwdenmarkwagovau

Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E

Page 45: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING
ea
Typewritten Text
21 January 2014 - Attachment 814 e

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 46: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 47: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 48: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 49: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 50: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 51: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 52: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 53: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png

image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf

From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows

middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions

middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site

middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following

- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601

(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)

- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)

- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 54: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

1

MEMORANDUM OF UNDERSTANDING

Between

THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)

and

NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway

Nedlands WA 6009 (Nostrebor)

and

FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA

6009 (Frenesi)

and

SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)

RECITALS

A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the

Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more

particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume

1372 Folio 27 (the Land)

B The Shire is the Local Government Authority for the district in which the Land is situated

and exercises certain functions under the Planning and Development Act 2005 (WA)

including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning

Scheme (the Town Planning Scheme)

C The Developer wishes to develop the Land by constructing a building for mixed

residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)

D The Town Planning Scheme amongst other things gives the Shire discretion to

determine the appropriate density code that applies to a mixed residential and other

development in the commercial zone of the Town Planning Scheme

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 55: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

2

E On 30 July 2013 Graeme Robertson a representative of the Developer presented the

Developerrsquos proposal for the development of the land to a meeting comprising all the

members of the Shire Council The drawings presented to the meeting form Annexure A

to this Memorandum (the Proposal)

F The meeting referred to in Recital E resolved that prior to the Shire approving the

Proposal the Developer would need to provide evidence to the satisfaction of the Shire

that there is demand for the strata units set out in the Proposal

G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of

the neighbouring property on North Road to purchase that property with a view to

extending the development to that property

H Before proceeding further with the Proposal the Developer would like an assurance

from the Shire that if the Developer can satisfy the Shire that there is demand for the

strata units set out in Proposal then the Shire will support the Proposal

I The parties enter into this Memorandum to record their common intention

OPERATIVE PART

It is agreed as follows

1 Upon the execution of this Memorandum the Developer will take reasonable steps to

ascertain the level of commercial demand for the strata units set out in the Proposal

2 If there is commercial demand for the strata units the Developer will take reasonable

steps to demonstrate to the Shire the level of commercial demand for the strata units

3 If acting reasonably the Shire considers that the evidence provided by the Developer is

insufficient the Shire will advise the Developer in writing and explain why the evidence is

insufficient and how the deficiency may be addressed

4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal

the Shire will advise the Developer in writing and the Developer will lodge with the Shire

an application for planning approval for the Proposal

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 56: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

3

5 The Shire undertakes to process the Developerrsquos application for planning approval

contemplated by clause 4 in good faith and agrees that it will amongst other things

(a) take reasonable steps to ascertain the communityrsquos view of the Proposal

(b) apply due process under the Town Planning Scheme and

(c) unless there is opposition to the Proposal from a significant proportion of the

Denmark Community support the Proposal to the extent that the law permits

6 If the negotiations referred to in Recital G result in the Developer purchasing the

neighbouring property the Developer may incorporate the development of the

neighbouring property into the Proposal and provided that the development is in keeping

with the design shown in the Proposal this Memorandum will apply to the development

on the neighbouring property as if it were part of the Proposal

7 A notice required to be given under this Memorandum may be given as follows

(a) to the developer

c- Graeme Robertson

PO Box 114

Denmark Western Australia 6333

(b) to the Shire

c- the Chief Executive Officer

PO Box 183

Denmark Western Australia 6333

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 57: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

4

Executed by the Parties as an Agreement

THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of

) ) ) )

The Shire President

Chief Executive Officer

EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) )

Signature of Peter John Robertson Sole Director and Secretary

EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act

) ) ) ) ) ) ) )

Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director

EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of

) ) ) )

Sven James Robertson

OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)

From
Annette Harbron
To
gjrgroupwncomau
Recipients
gjrgroupwncomau

Hi Graeme

Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration

middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use

Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)

Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning

Trust the above is of assistance to you at this stage in relation to this matter

Regards

Annette Harbron

Director Planning and Sustainability - Shire of Denmark

PO Box 183 DENMARK WA 6333

Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985

Email

dpsdenmarkwagovau website
wwwdenmarkwagovau








Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email





currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 58: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or

- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)

middot In relation to an appropriate density coding for this site this is specifically a matter for

Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties

Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU

middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013

middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting

middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed

middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development

I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards

Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 59: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards

Jeff Atkinson

From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards

Jeff Atkinson

ABN 99 150 812 463

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 60: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau

This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 61: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western

Australian environment society and economy

Local Governments of Western Australia support the bull Environmental social and economic benefits o

change immediately bull Opportunity for Local Government t emonstrate leadership in

climate change management at a c munity level bull Development of equitable and implementable State and

Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme

Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions

reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of

enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level

bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied

bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future

Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets

bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions

bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R

ADDED by Res 300610 22 June 2010

TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006

P100601 SCHEME AMENDMENT REQUESTS

This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation

1 Initial Enquiry

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 62: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address

2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR

existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process

A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget

3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days

1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the

application warrants it

b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)

c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment

d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents

Note An applicant who proceeds after being advised as above does so at their own risk and cost

5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E
Page 63: GRAEMEJ.ROBERTSON (01) 91148 22ol Fu : (08198412221 Email : d1m@omnlneLncr.au A ON : 6S 80 I 497860 H.N 30.101013 A CltK.BY ORH.8Y DATE REV LOCATION: wn ooCNR CLIENT: ISSUE FOR PLANNING

relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR

Submissions received during this process shall be summarised and forwarded to Council for further consideration

6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to

document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme

amendment process f) mechanisms for cost sharing of common cost items such as public

open space drainage roads footpaths etc g) any other matters considered relevant to Council

7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations

Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment

Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment

The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed

8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level

JUNOS AMENDED by Res 190709 28 July 2009

  • Attachment A
  • Attachment B
  • Attachment C
  • D
  • ATTACHED E