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Late Items

 

Council  Agenda

 

 

 

22 October 2014

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

Late Items FOR THE Council  MEETING TO BE HELD ON 22 October 2014

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

15..... Chief Executive Officer's Report. 3

15.3        FORMAL ADOPTION OF A MODIFIED DEVELOPMENT GUIDE PLAN - BUSSELTON FORESHORE  3

 


Council                                                                                      3                                                                  22 October 2014

15.             Chief Executive Officer's Report

15.3           FORMAL ADOPTION OF A MODIFIED DEVELOPMENT GUIDE PLAN - BUSSELTON FORESHORE

SUBJECT INDEX:

Busselton Foreshore Redevelopment - Development Guide Plan

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Major Projects

ACTIVITY UNIT:

Major Projects

REPORTING OFFICER:

Major Projects Officer - Mersina Robinson

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   WAPC Approval letter 26 September 2014

Attachment b    Council Adopted Development Guide Plan 9 July 2014

Attachment c    Modified Development Guide Plan  

  

This report is presented for consideration of acceptance as an item of urgent business for the Council meeting of 22 October 2014.  This will ensure that there are no delays with any potential development being considered for the Busselton Foreshore and the redevelopment project can proceed accordingly.  Once these conditions are accepted, Officers can proceed to the preparation of the required management plans, including the Irrigation and Fertiliser Management Plan and the Stormwater and Groundwater Management Plan.

 

PRÉCIS

 

The Western Australian Planning Commission (WAPC) resolved to endorse the Busselton Foreshore Development Guide Plan (adopted by the City of Busselton on 9 July 2014), pursuant to Schedule 7, Special Provision Area No.2 of the City’s Local Planning Scheme No.20 subject to additional provisions being included in the plan.

 

The WAPC has requested that the revised documents be formally adopted by the City and be returned to the WAPC for final endorsement.  This report recommends that the Council adopt the modified Development Guide Plan and return three copies to the WAPC for final endorsement

 

 

BACKGROUND

 

In a letter dated 26 September 2014 (refer Attachment A), the WAPC advised that it has resolved to endorse the Busselton Foreshore Development Guide Plan (adopted by the City of Busselton on 9 July 2014), pursuant to Schedule 7, Special Provision Area No.2 of the City’s Local Planning Scheme No.20 subject to the following additional provisions being included in the plan:

 

i)             All subdivision and development to be connected to reticulated sewer.

ii)            An ‘Irrigation and Fertiliser Management Plan’ is to be developed and implemented for the Development Guide Plan area to the satisfaction of the Department of Water.

iii)           Prior to the approval of any subdivision and/or development in the Development Guide Plan area, preparation and endorsement of a ‘Stormwater and Groundwater Management Plan’ to the satisfaction of the Department of Water.

iv)           At the planning application stage, the City will give detailed consideration to any proposed liquor licensed premises in regard to their design, scale, licensed floor area, hours of operation , management and interface with the public realm to minimise the potential for adverse impacts on the public realm, anti-social behavior and/or land use conflict.  As such, the City will require the proponent to comprehensively address these issues as part of the planning application.

 

The WAPC also resolved to encourage the City to undertake on-going monitoring and review of parking demand and supply during the implementation of the Development Guide Plan to ensure appropriate levels of parking are provided.

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment with respect to this proposal are set out in the relevant objectives, policies and provisions of the City of Busselton District Town Planning Scheme No. 20. In addition the land is reserved and subject to the Land Administration Act 1997.  The Commonwealth Environment Protection and Biodiversity Conservation Act is also relevant.

 

RELEVANT PLANS AND POLICIES

 

The key policies relevant to the proposal are the State Planning Policy 2.6 - State Coastal Planning (SPP 2.6) and Local Tourism Planning Strategy, Planning Bulletin 83/2011 – Planning for Tourism.

 

FINANCIAL IMPLICATIONS

 

There are not considered to be any direct financial implications for the City arising from the proposal.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The revised BFMP is considered consistent with the City’s Strategic Community Plan 2013 which identifies the following community objectives especially relevant to the Busselton Foreshore Redevelopment:

 

2.1: A City where the community has access to quality cultural, recreation, and leisure facilities and services.

2.2: A City of shared, vibrant and well-planned places that provide for diverse activity and strengthen our social connections.  

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. There are no risks identified.

 

CONSULTATION

 

The DGP has previously been advertised for community consultation on two occasions.  The proposed modifications to the DGP are consistent with advice received and ensuing discussions with the Department of Water, and concerns raised by some community representatives regarding an additional licensed premise on the Busselton Foreshore.

 

OFFICER COMMENT

 

The proposed modifications i), ii) and iii) are a requirement of the Department of Water (DoW). The

conditions were discussed and refined in conjunction with DoW.  It is considered that the conditions

are generally of a standard nature and not onerous. 

 

With regard to Condition i) that all development be serviced with reticulated sewerage, this is a

standard condition that is and will be satisfied through the provision of sewer to the area.

 

Condition ii) the requirement for an Irrigation and Fertiliser Plan has been imposed due to the

proximity to Geographe Bay. 

 

Condition iii) preparation and endorsement of a ‘Stormwater and Groundwater Management Plan’ is

required prior to the approval of any subdivision and/or development in the DGP area. This

condition is not intended to be onerous and will not require detailed engineering design work or

drawings. The intent is to show the overall plan and how and where water sensitive urban design

(WSUD) features will be located/connected (similar to the level of detail provided in a local water

management strategy (LWMS)).  The DoW has advised that due to the proximity to the coast the

groundwater levels will be influenced by sea level, it therefore follows that sea level rise will also

result in a similar rise in groundwater levels so the assessment of longer term groundwater regimes is required.  The assessment of groundwater will not be an onerous task, but will inform the inverts of infiltration, stormwater systems and the need or not for sub-soil systems to protect infrastructure integrity.

 

Both ii) and iii) can be developed internally by the City’s Major Projects and Engineering and Works

directorates.

 

Modification iv) is to ensure that applications for licensed venues are in keeping with their surrounding areas. This condition is essentially in line with the direction that the City is already taking to develop a policy related to liquor licencing/sales at the Foreshore. With regard to the condition, during the planning application stage, the City will require proponents to comprehensively address the issues as part of their proposal with the aim of minimising the potential for adverse impacts on the public realm, anti-social behaviour and/or land use conflict.  The City will undertake a detailed consideration of any proposal as required and based on its new liquor licensing policy (once adopted).

 

The City will also undertake on-going monitoring and review of parking demand and supply during the implementation of the Development Guide Plan to ensure appropriate levels of parking are provided.

 

CONCLUSION

 

The decision of the WAPC to approve the DGP is welcomed.  Officers agree to the additional

conditions, and will be in a position to address them through additional studies and in their

assessment of future proposals.

 

OPTIONS

 

The Council could opt to not accept the additional provisions and not adopt the modified Development Guide Plan.  This would require consideration of the WAPC at its next meeting in November 2014, and would potentially delay further development on the foreshore, particularly the proposed microbrewery/restaurant.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Council’s adoption of the modified Development Guide Plan (Attachment C) will enable WAPC endorsement within two weeks of the Council decision. 

 

OFFICER RECOMMENDATION

 

That, pursuant to Clause 7.5 of Local Planning Scheme 21, the Council adopt the modified Development Guide Plan and return three copies to the Western Australian Planning Commission for final endorsement.

 


Council

7

22 October 2014

15.3

Attachment a

WAPC Approval letter 26 September 2014

 


 


Council

8

22 October 2014

15.3

Attachment b

Council Adopted Development Guide Plan 9 July 2014

 


Council

9

22 October 2014

15.3

Attachment c

Modified Development Guide Plan