News
What the BRG has been doing
Traffic Management in Banjup
The Banjup Residents Group has been campaigning since 2014 to deter heavy trucks and through traffic from Banjup’s roads. At almost every meeting of BRG members in the Banjup Hall we have discussed traffic and what to do about it.
In 2019, we thought that we were making progress with the Cardno traffic study that recommended several road “treatments” such as “modified T-intersections” and blisters on the through routes of Liddelow and Beenyup. We discussed this at length in the BRG meetings in the years since. However, the City of Cockburn has been reluctant to take those recommendations further.
Since mid 2023 there has been a change in personnel and attitude at the City of Cockburn. They are now more cognisant of the need to preserve Banjup’s rural amenity as mandated by Councillors in the “Banjup Preservation Principles” that include:
The intended function of the roads in Banjup is for traffic within its local area and not for traffic between outside areas and they will be managed as such.
City officers have engaged constructively with the BRG Committee to find ways of reducing through traffic. However, the City is bound by the rules of Main Roads WA that are very prescriptive about traffic management treatments.
Apparently, the recommended modified T-intersections would require extensive street lighting, kerbing, drainage, and modified property driveways along the length of Liddelow Road, at least. City officers have told Councillors that such works could cost $20 million, which would be a “grave financial impost” on the City and is three times the City’s roads budget for 2023-24.
It would be unrealistic of Banjup residents to expect Councillors of the City of Cockburn to approve such a large sum on traffic management in Banjup. Accordingly, the BRG Committee reluctantly agreed that the recommendations of the Cardno report are not appropriate and that alternative traffic management measures must be devised.
Cockburn officers liaised with the Committee to develop alternative treatments to reduce traffic through Banjup. Officers advised that Main Roads WA might favour a proposal that speeds on all Banjup streets be limited to 60 kph, except for Liddelow Road, which would be limited to 70 kph. Such reductions could divert some through traffic to faster roads.
Main Roads WA requires that “threshold statements” would need to be put in place at all Banjup entry points and would signify to roads users that they are entering a different area and should expect different road conditions, including lower speeds. Threshold statements would include not only signage but also changes in road surface and width and the planting of tall trees.
At its September 2013 meeting, the Council of the City of Cockburn unanimously approved the proposal to design measures to make Banjup a “Local Area Speed Zone”. This would see all roads in Banjup limited to 60 kph, except for Liddelow Road which would be 70 kph. Cockburn’s Traffic Manager anticipates that the slower speeds would divert some through traffic onto faster roads elsewhere.
After 10 years of lobbying the City of Cockburn, this is the first practical measure to deter traffic that they have offered and look like implementing. It may not be all we wanted but it is a first step. Besides, freeway speeds are not compatible with the rural idyllic that we are trying to preserve and promote.
The City of Cockburn put the traffic management proposals out for public consultation to all Banjup residents from 28 February to 15 March 2024. At the BRG AGM on 10 March, members voted overwhelmingly to support the proposals. The officers' report to Council will likely be made to its meeting in May 2024.
Aboriginal Cultural Heritage Act affects all rural properties
UPDATE:
The WA government has promised to repeal the ACH laws but update the previous legislation. How this might affect rural landowners in not known.
The Aboriginal Cultural Heritage legislation comes into effect on 1 July 2023 and applies to all land in WA greater than 1,100 square metres. Consequently, it affects every landowner in rural Banjup, Jandakot, and Treeby – our land areas are typically 20,000 square metres and more.
The Act, the Regulations, and the Guidelines as currently available are all substantially incomplete, so it is difficult to give guidance with any confidence. The Act, the Regulations, and the Guidelines as currently available are all substantially incomplete, so it is difficult to give guidance with any confidence. You can download each of them at https://drive.google.com/drive/folders/1OQPKvgV6HZineQjBlkTsJ7qZtELYSaSm?usp=drive_link
However, the Act says Aboriginal cultural heritage means
“the tangible and intangible elements that are important to the Aboriginal people of the State, and are recognised through social, spiritual, historical, scientific or aesthetic values, as part of Aboriginal tradition”
The Guidelines imply that, on properties over 1,100 sq metres, if you maintain existing infrastructure in a way that, over the course of 1 calendar year, involves any of the following—
(a) removing more than 4 kg of material;
(b) disturbing more than 10 m2 of ground in total;
(c) disturbing more than 1 m2 of contiguous ground;
(d) excavating to a depth of more than 0.5 m.
then an ACH authorised person must perform a Due Diligence Assessment before any works can proceed.
“Gardening” is an exempt activity but digging a 600 mm deep trench would not be.
The legislation is aimed at mining companies in the wake of the Juukan Gorge fiasco. However, its broad ambit could give activists opportunities to disrupt your rural living. Such a disruption was reported on 15 June at Port Hedland traditional owners accuse council, Water Corp of disturbing heritage site - ABC News .
An e-petition to the Legislative Council is open for signature until 20 June. You can see it at https://www.parliament.wa.gov.au/Parliament/LCePetitions.nsf/petitions/23-0018
Rural landowners might well consider that it is in their best interest to sign the petition.
Note that the Government has substantial majorities in both houses of the WA parliament.
Still No Clarity on Water Mound Review
UPDATE:
The Department of Planning has "clarified" that the Water Mound review was only to "inform the decision on the Jandakot PIA". The areas south of Armadale Road will not be affected by the outcome of the review.
At the BRG AGM on 26 March 2023, 80 members discussed the implications of the State government review of the "whole of the Jandakot water protection area, including the [Jandakot] PIA".
Enquiries by the BRG Committee of the PIA team at the Department of Planning revealed that they could not explain why the whole of the Water Mound was being reviewed – they were only interested in the Jandakot/Treeby PIA.
The Committee had spoken by telephone with Deputy Premier Roger Cook MLA who could shed no further light either.
There is no ambiguity in the announcement. If the review had been to inform only the Jandakot/Treeby PIA, then it would have been phrased as such. Instead, the government was explicit in reviewing land use on the Water Mound from the airport down to Anketell Road.
The wording of the review is clear and no accident. Government somewhere has an intention that is yet to be revealed.
Government Review of All Lands in Banjup, Jandakot, and Treeby
The State government announced on Wednesday, 21 September, the outcome of 4 years’ planning investigations into future uses of 12 areas of land in the Perth metropolitan area – see Media statements - Potential for up to 76,000 new homes with resolution of Planning Investigation Areas .
You can download the 20 page report, “Perth and Peel@3.5million Planning Investigation Areas Update” at Planning investigation areas (www.wa.gov.au) (about half way down the page).
Sadly for residents in rural Jandakot and Treeby, the future zoning of their lands was not resolved; they are still under “Planning Investigation” (see page 16 of the PIA report).
Sadly also for residents in the south west corner of Banjup between Lyon and Kinley, they did not rate a mention in the report.
Alarmingly, for all residents on the water mound, the PIA Update report also states on page 16 when discussing rural Jandakot and Treeby that:
The State Government has committed to undertake an integrated and whole-of-Government strategic review of water and land use values in the Jandakot water protection area as a priority.
The review will inform further consideration by the WAPC and State Government regarding future policy settings within the broader Jandakot water protection area, including the PIA.
A ”whole-of-government” review implies that the Department of Water (DoW) will be just a participant in the review. As when the “Banjup Urban Precinct” (now Calleya) proposal was being evaluated in 2012, the Department of Planning (DoP) will be the lead agency for the upcoming review. In 2012 the DoP wanted the old sand quarries rezoned and the DoW was reduced to requiring that any water run-offs from roads were contained.
“…as a priority” could imply over the next 12 months.
The “broader Jandakot water protection area” implies all land uses in Jandakot, Treeby, Banjup, and south through Wandi and Anketell will also be reviewed (see map at the end of this email).
As we all know, governments do not start an inquiry or review without knowing the answer first. Our rural lands are under threat.
Your Committee welcomes your thoughts on how the Banjup Residents Group should respond in the short and longer terms to the state government’s announcements. Email your thoughts to Secretary.banjup@gmail.com
Apply for Garden Bore Exemption
The WA Government has mandated that from 1 September 2022, garden bores may be used only twice a week, which brings the regulations in line with the 2 day a week restriction on sprinklers using scheme water.
However, the Banjup Residents Group was successful in lobbying for exemptions for bore users not connected to scheme water and living in a bushfire prone area. All residents of rural Banjup, Jandakot, and Treeby meet these criteria. Note, though, that it is not a blanket exemption for our area: each property owner or occupier must apply for their own exemption.
The Department of Water Regulation administers the exemption scheme. You can apply for your own exemption at:
https://begroundwaterwise.wa.gov.au/garden-bore-regulation/apply-for-approval-to-irrigate-on-a-three-day-sprinkler-roster/
It is a straightforward on-line application that the Department will review manually before writing back to you.
Bore Roster Change Opposed
The WA government is proposing to reduce from 3 to 2 the number of times each week that a bore may be used from 1 September 2022. For rural landowners, this threatens the viability of the Asset Protection Zones around our houses and so exposes us to greater risks in the event of bush fire.
The BRG Committee is vigorously opposing the proposal. We have:
Met with Kwinana MLA and Deputy Premier Roger Cook to ask him to speak on our behalf to the Minister for Water, Dave Kelly.
Written to Jandakot MLA Yaz Mubarakai but he is on leave until March.
Spoken with Cockburn councillors to seek their support, which they have given, for an exemption for those not on scheme water.
Spoken with executives at DFES to clarify their position on Asset Protection Zones, which is as published on the DFES web site.
You can see more about our current initiatives here.
Kinley Road change of use rejected
On 9 October 2021, Cockburn Council rejected the application for retrospective approval of the Kinley Road "lodging house" and gave the occupiers 90 days to vacate the premises and return them to then approved use.
Transport depot at Beenyup and Gibbs given 2 years' temporary approval
On 9 December 2021, Cockburn Council gave 2 years' temporary approval for the JAG traffic sign business to continue to operate at 157 Beenyup.
Previously, on 8 July 2021 Council refused the development application. The applicant then took the decision to the State Administrative Tribunal (SAT).
It appears that there is a deficiency in Cockburn's town planning scheme that would allow any use of land in the 'Resource Zone'.
SAT directed Cockburn and the applicant to come to a mediated agreement which was put to Council on 9 December and included a 5 year temporary approval. Council accepted the terms of the agreement but gave only a 2 year approval.
Objection to Kinley Road development
22 July 2021 - The BRG submitted to the City of Cockburn an objection to the retrospective development application for a multiple tenancy hostel in Kinley Road.
Objection to 'transport hub' at Beenyup and Gibbs
27 May 2021 - The BRG submitted to the City of Cockburn an objection to the retrospective development application made by the owner of the property at the corner of Beenyup and Tapper for retrospective approval to legitimise his use of the property as a trucking depot that has been operating there for several years.