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Planning Compliance

Introduction

 

The Council is responsible for enforcing Local Planning Scheme No.3 (LPS 3) and the Planning and Development Act 2005 (PD Act). 

 

It is an offence to commence or carry out any works on, or use, land in the Scheme area which is not exempt from requiring development approval in accordance with Schedule 2 Part 7 Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Where an offence has occurred, there are three types of action available, being: 

    a) giving an Infringement Notice, or 

    b) prosecuting in a Court; or

    c) an application may be able to be made for a retrospective development approval.

 

The planning compliance process can be quite prolonged due to the statutory process required to be followed.

 

How do I make a complaint about a form of development/land use?

 

Any person who is aggrieved by a land use or development matter must provide their complaint in writing and include the following: 

    a) The complainant’s name, property address and preferred contact details;

    b) The property address where the alleged offence has occurred;

    c) Details of the alleged offence;

    d) How the alleged offence is having an impact on the complainant;

    e) (if applicable) the dates and times the alleged offence has occurred; and

    f) (If possible) provide photographs of the offence.

 

Complainants are advised that should the City proceed to prosecution they may be called upon to make a statement in court.

 

Complainant particulars will be kept confidential and will not be released without the consent of the complainant.

 

How will the City investigate my concerns?

 

The City will investigate all complaints and alleged unlawful land use activity, unless:

    a) The matter has already been investigated and resolved;

    b) The City has no jurisdiction. i.e. there is no lawful provision for Council to take action;

    c) The activity is deemed to be lawful without an investigation; and/or

    d) Where the matter is the sole responsibility of another Government Agency.

 

When acting upon and resolving planning breaches, City Officers will consider negotiation, compliance and education. Negotiations can be a worthwhile approach to foster relationships and build trust in the community and demonstrate reasonableness to the community. Negotiation can often be the least time-consuming approach in achieving an acceptable outcome, however, it is dependent upon the seriousness of the breach and willingness of the parties. 

 

If the City determines that there is no legal breach of any operative City legislation in the circumstance, it will explain in writing to the complainant the reasons why it is unable to act on the complaint.

 

Will my concerns be addressed by the City?

 

It is not always possible for the City to ensure that a complainant is satisfied with the outcome of a complaint. 

 

The City must consider a range of factors when determining whether it will warrant enquiry/investigation but if a decision is made not to investigate a complaint or matter, then the decision must be recorded with clear reasons why. The complainant will then be advised of the decision and the reasons for no action.

 

The City is bound by legislative and policy requirements, which mean that it will not always be possible to give the complainant the outcome they were looking for. In some cases, the best the City can do is to ensure that it has investigated the matter and satisfy itself that the development is compliant with LPS 3 requirements.

 

Further information

 

A copy of the City’s Local planning scheme is available on the Department of Planning, Lands and Heritage's website. If you have any queries, please do not hesitate to contact the City on 9273 3500.

 

A copy of the PD Act is available online from the State Law Publisher.

 

Hollywood Private Hospital – Construction Management and Complaints Procedure 

 

In October 2018, the Joint Development Assessment Panel approved a new 5-storey consulting centre at Hollywood Private Hospital. The construction for this development is currently under-way and the following extracts from the relevant sections of the Construction Management Plan have been provided below for the benefit of nearby residents.   

 

Vibration Control and Monitoring:  

 

Construction plant will be fitted with appropriate noise emission and vibration control equipment to minimise undue impact on nearby residences. Construction activities identified to have the potential to cause significant vibratory energy will trigger the implementation of vibration mitigation measures. For example, during compaction activities strategies to mitigate vibration may include the use of static rolling or oscillating rolling techniques/functions or rolling in a parallel motion to any adjoining sensitive residences. Vibration monitoring will be completed by the project team where activities have the potential to unduly impact nearby residences.  

 

Dust Control:  

 

Dust generation will require particular attention considering the project location, surrounded by occupied buildings and pedestrian arterial links between hospital buildings. During demolition activities a mist sprayer will be utilised as a means of suppression and/or containment. In addition to this, during demolition and earth/road works a hoseman will be at the point of operation to provide additional suppression. Adequate temporary drainage will be kept clear to allow water to drain from temporary roads and work areas should there be heavy rain.  

 

Noise control:  

 

Construction activities that generate noise are permitted from 7am to 7pm Monday to Saturday only. Noisy construction work undertaken outside of these hours can only be done so under the guidance of a Noise Management Plan approved by the CEO of the City of Nedlands. Such an approval is only considered where the works are reasonably justified and will include written notification to any residents likely to be impacted by the noise from early works. Georgiou anticipates that this would be on a very infrequent basis.  

 

The majority of the construction works will be performed in excess of 100m from the closest residential street (Verdun Street) and noise levels on site will be kept within the requirements of Regulation 13 of the Environmental Protection (Noise) Regulations 1997. All machinery used by subcontractors on site will be the quietest reasonably available and construction works will be carried out in accordance with the control of environmental noise practices outlined in AS 2436-2010 Guide to noise and vibration control on construction, maintenance and demolition sites.    

 

Where possible Georgiou will utilise design and construction methods that reduce noise. As an example, precast/AFS concrete walls can be used in lieu of insitu concrete to reduce onsite manufacture of formwork and its associated noise.  

 

Due consideration shall also be given to the amenity of adjacent building users during normal business days. Georgiou has considered material delivery routes to reduce traffic on minor road in order to reduce noise impact on local residents.  

 

If you note a breach to the above – please record the date and time of said breach and notify the City of Nedlands for the City to investigate further.  Please note that traffic associated with the construction is not covered by the noise regulations nor the construction management plan.   

 

Access to the site  

 

Previous developments on the campus have used either Monash Avenue of Verdun Street as their primary means of entry and exit depending on the location of the development within the Campus.  

 

Georgiou has had a traffic management plan approved by the City with the objective of directing traffic, as early as possible to roads higher in the Road Hierarchy as determined by Main Roads Western Australia with consideration for dwellings along the proposed route.  

 

All construction vehicles are required to enter the site using the route of Aberdare Road west bound – Smyth Road south bound – Verdun Street east bound with right turn into the site. The vehicles are then to exit the site using the temporary crossover then travel Verdun Street west bound – Smyth Road north bound – Aberdare Road east bound.   

 

Use of other side streets (such as Croydon and Burwood) is not permitted by construction vehicles. Unauthorised use of these streets including idling and parking of construction vehicles (including on verges) will be monitored more closely by the City due to the number of complaints received and infringements issued to drivers and Georgiou for these breaches. Please refer to the complaints section below for more information.  

 

Parking for contractors  

 

A minimal amount of parking will be provided on site for full time staff and visitors. However, no site parking will be provided by Georgiou for its contractors due to space limitations. Parking options will be presented to contractors including use of the paid parking on site and the multi-storey car park. Further ongoing negotiations with Georgiou and Ramsay will continue.  

 

Other options for parking or use of public transport are available near the site including: 

  • Paid all day parking at Rosalie Park. 
  • Shenton Park train station 
  • 999 bus route 

 

All options will be presented to Contractors during tender and will be reinforced with the workforce at mandatory site inductions and prestart meetings. Illegal parking will need to be reported to the City of Nedlands Rangers team on 9273 3500.   

 

Noise, Dust and Vibrations and Breach of Traffic Management Complaints  

 

Should you wish to make a complaint regarding a breach – we advise contacting Georgiou representatives in the first instance.   

 

Project/Site Manager  

 

Rob Rowe – 0408 805 327 

 

If you believe that inadequate action has been taken by Georgiou following your complaint to them, please contact the City of Nedlands. Please note that for the City to take effective compliance action, we have prepared a form for you to use which will help us take appropriate enforcement action.