Mos Lane Development

At the its Ordinary Council Meeting on Tuesday 26 November Council will be considering the endorsement of the legal agreement associated with the Permit for Activities on Thoroughfares (PAT) for the above site.

One of the conditions of the Council-approved PAT is for the developer to enter into a legal agreement with the Town.

For more details regarding this agenda item, visit https://www.mosmanpark.wa.gov.au/council/council/agendas-minutes/

Please note the agenda will be published on the Town website by cob Friday 22 November.

If you wish to make a deputation, please get in touch with us by 12pm next Tuesday with your completed deputation form.

Visit https://www.mosmanpark.wa.gov.au/council/council/deputation-or-ask-a-public-question/

The PAT has been approved by Council at the May Ordinary Council Meeting May 28, 2024. The Council meeting minutes and agenda can be viewed on the Town's website here.

Read the updated FAQs here

There is currently heightened community interest and misinformation associated with the Permit for Activities on Thoroughfares (PAT) application the Town of Mosman Park is currently assessing for the WAPC-approved 5-storey mixed-use development at 46 Manning Street, Mosman Park.

The PAT will be considered by Mosman Park Council at its Ordinary Council Meeting on Tuesday 28 May, as the Town continues to advocate for the best and safest outcomes for the Mosman Park community. Read the May OCM agenda here

Facts

• Contrary to claims made, the Town is not ‘ceding’ land.
• The Western Australian Planning Commission (WAPC) has granted development approval for the significant development within the lot boundaries at 46 Manning Street. Council cannot overturn this approval.
• The PAT seeks approval for works in the verge, road and laneway areas only.
• The Town has undertaken a thorough and diligent review process, guided by independent legal advice and technical experts. Traffic engineers have been engaged to assess the potential impact of the proposed application.
• Community benefit and safety remains the Town’s highest priority while taking the necessary steps to ensure that our actions comply with our statutory and legal obligations.
• The Town has a legal responsibility to consider this PAT application on its merits. The guidance provided by our legal advisors and technical experts will inform the Council’s decision regarding the PAT application. Any refusal would need to be supported by lawful reasoning.
• The Town is mindful of community opposition to this development and is committed to upholding its responsibilities to its residents and ensuring that all decisions are in the best interests of the community as a whole.
• Traffic safety and other concerns were raised by the Town during its initial assessment of the PAT. These concerns have since been remedied by the applicant.
• These amendments comply with Australian Standards and have been assessed to meet safety standards and promote a better traffic flow.

Why is the Officer’s Recommendation to approve the PAT?

• The Town’s contracted traffic consultant has worked with the Town and the applicant’s traffic consultants to ensure safety is the utmost priority. This process has been overseen by the State Development Assessment Unit (SDAU) and Department of Planning, Lands and Heritage (DPLH).
• Car parking is fully compliant and provided for on the developer’s site.
• The Town has received an application for works in the public realm. These works include upgrades and improvements including traffic calming, underground power, new parking bays, trees and a public piazza.
• The Town has no objections to improvements to the public realm and additional convenience parking on the provision that those works are safe and compliant with Australian Standards.
• The developer will pay for at their own cost for the upgrades and improvements to the public realm including traffic calming.

Please note, the Permit for Activity on Thoroughfares (PAT) relevant to the Mos Lane Development project has now been scheduled to be determined at the May Ordinary Council meeting (OCM).

The PAT was previously anticipated to be going to the April OCM, please take note of this change.

The Town, with its traffic engineers, are methodically working through (with the applicant) the important traffic and pedestrian issues relating to the laneway and public realm. Following this process, a detailed report will be presented to Council by Administration.

Should there be any changes to the above information, we will continue to keep you updated.

For more information, please read our Frequently Asked Questions.

Please note, the Permit for Activity on Thoroughfares (PAT) relevant to the Mos Lane Development project is now scheduled to be determined at the April Ordinary Council meeting following a detailed report being presented by Administration.

For more information, please read our Frequently Asked Questions.

Application to Amend the WAPC Approval

The Town has received a referral from the Western Australian Planning Commission (WAPC) regarding an application to amend its approval issued on 10 of August 2023.

The amendment is minor in nature and seeks to modify the following aspects of the approved plans:

• Building C - podium extents;
• Building C – 2 storey apartment typologies;
• Building B – level 1 amenities;
• Ground Floor-Loading Bay consolidation and substation refinement;
• Adjustments to Building C floor to floor heights (within the approved envelope of the building);
• Internal configuration modifications to apartments and townhouses throughout the building in response to interior, structural and sales advice;
• Updates to the Building C bridge link including consolidation and removal of voids;
• Changes to Building B level 1 façade treatment; and
• Modifications required per Condition 3 of Form 17B approval SDAU-021-20.

All proposed amendments are generally regarded as minor in nature. They are also characteristic of the detailed design process (post-approval) for significant apartment and mixed-use developments. This has been confirmed by the Department of Planning, Lands and Heritage (Department)as the approach to be taken.

The Town has been given 31 days to provide referral comments on the minor amendments back to the Department. Given the minor nature of the amendments, the Department has determined that there is no requirement to seek public comment.

Permit for Activity on Thoroughfares (PAT) Application

The Town has received a Permit for Activity on Thoroughfares (PAT) for works to the Wellington Street, Manning Street, and Samson Street verge areas, as well as for works to Turnbull Way (Laneway).

• The PAT includes various public realm works including:
• new on-street car parking bays
• bike racks
• pavement and landscape treatments
• footpaths
• a parklet
• new street trees.

These public realm works are associated with the 2023 Significant Development approval by the WAPC for the ‘Mos Lane’ Development at 46 Manning Street, Mosman Park. This includes the demolition of the shopping centre and construction of a five-storey mixed-use development.

The plans included with the PAT are consistent with the WAPC’s approval. With that being said, The Town is seeking independent advice to inform its assessment of the application.

The PAT is scheduled to be determined at the April Ordinary Council meeting following a detailed report being presented by Administration. For more information, please read our Frequently Asked Questions.

At the Ordinary Council Meeting of 28 February 2023, Council resolved to amend the Town's Local Planning Scheme to clarify the site and development requirements for the group of lots that make up the Wellington Village area. A link to the minutes can be found below (refer Item 13.2.2).

Council Minutes

Following review of the Amendment, the Town was advised that the Minister for Planning had resolved to REFUSE the proposed Amendment to the Town's Local Planning Scheme, citing that they consider it unnecessary to insert these provisions into the Scheme for the Wellington Village Neighbourhood Centre.

The WAPC, at its meeting of Thursday 10 August 2023, resolved to APPROVE the development proposal. Minutes of the meeting can be found at the following link:

Agenda's and Minutes, SDAU Meetings