Please note:  These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE Council  MEETING HELD ON 9 September 2015

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 3

2....... Attendance. 3

3....... Prayer. 3

4....... Public Question Time. 4

Response to Previous Questions Taken on Notice. 4

Public Question Time. 4

5....... Announcements Without Discussion.. 4

Announcements by the Presiding Member. 4

Announcements by other Members at the invitation of the Presiding Member. 4

6....... Application for Leave of Absence. 4

7....... Petitions and Presentations. 4

8....... Disclosure Of Interests. 4

9....... Confirmation and Receipt Of Minutes. 4

10..... Planning and Development Services Report. 6

10.1        PROPOSED FINAL ADOPTION OF LOCAL PLANNING SCHEME AMENDMENT NO. 12 - LOT 1992 DOWNS ROAD, LUDLOW... 6

10.2        AMENDMENT 13 TO LOCAL PLANNING SCHEME 21 AND MODIFIED BROADWATER STRUCTURE PLAN PRECINCT 2 (WESTERN CELL) - CONSIDERATION FOR INITIATION FOR PUBLIC CONSULTATION.. 10

11..... Engineering and Works Services Report. 18

Nil

12..... Community and Commercial Services Report. 18

Nil

13..... Finance and Corporate Services Report. 19

13.1        POWER TO LICENCE RESERVE 38693, LIONS PARK, DUNSBOROUGH.. 19

14..... Chief Executive Officer's Report. 22

14.1        COUNCILLORS' INFORMATION BULLETIN.. 22

15..... Motions of which Previous Notice has been Given.. 24

Nil

16..... Confidential Reports. 24

Nil

17..... Public Question Time. 24

18..... Next Meeting Date. 24

19..... Closure. 24

 


Council                                                                                      3                                                              9 September 2015

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 9 September 2015 AT 5.30pm .

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 5.30pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Ian Stubbs           Mayor

Cr Grant Henley

Cr John McCallum

Cr Tom Tuffin

Cr Gordon Bleechmore

Cr Rob Bennett

Cr Coralie Tarbotton

Cr Jenny Green

Cr Terry Best

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Greg Simpson, A/Director, Planning and Development Services

Mr Matthew Smith, Director, Finance and Corporate Services

Mr George Workman, Manager, Operations Services

Miss Lynley Rich, Manager, Governance Services

Mrs Katie Banks, Executive Assistant to the CEO

Miss Hayley Barge, Administration Officer, Governance

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

1

3.               Prayer

The prayer was delivered by Captain Tim Watson from Busselton Salvation Army.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

 

Nil

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member 

 

Nil

Announcements by other Members at the invitation of the Presiding Member

 

Nil

6.               Application for Leave of Absence

Nil

7.               Petitions and Presentations

Nil 

8.               Disclosure Of Interests

Nil

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 26 August 2015

Council Decision

C1509/253              Moved Councillor J McCallum, seconded Councillor G Henley

That the Minutes of the Council  Meeting held 26 August 2015 be confirmed as a true and correct record.

CARRIED 9/0

 

9.2             Minutes of the Special Council held on 2 September 2015

Council Decision

C1509/254              Moved Councillor T Best, seconded Councillor G Bleechmore

That the Minutes of the Special Council Meeting held 2 September 2015 be confirmed as a true and correct record.

CARRIED 9/0

 

Committee Meetings 

 

Nil

Adoption by Exception Resolution

At this juncture the Mayor advised the meeting that the below reports will be adopted en bloc.

En Bloc Motion

 

Council Decision

C1509/255              Moved Councillor G Bleechmore, seconded Councillor G Henley

 

That the Officer Recommendations in relation to the following agenda items be carried en bloc:

10.1        PROPOSED FINAL ADOPTION OF LOCAL PLANNING SCHEME AMENDMENT NO. 12 - LOT 1992 DOWNS ROAD, LUDLOW

10.2        AMENDMENT 13 TO LOCAL PLANNING SCHEME 21 AND MODIFIED BROADWATER STRUCTURE PLAN PRECINCT 2 (WESTERN CELL) - CONSIDERATION FOR INITIATION FOR PUBLIC CONSULTATION

13.1        POWER TO LICENCE RESERVE 38693, LIONS PARK, DUNSBOROUGH

14.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 9/0

En bloc

 


Council                                                                                      7                                                              9 September 2015

10.             Planning and Development Services Report

10.1           PROPOSED FINAL ADOPTION OF LOCAL PLANNING SCHEME AMENDMENT NO. 12 - LOT 1992 DOWNS ROAD, LUDLOW

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

Growth is managed sustainably and our environment is protected and enhanced as we develop.

BUSINESS UNIT:

Strategic Planning and Development

ACTIVITY UNIT:

Strategic Planning

REPORTING OFFICER:

Strategic Planner - William Hosken

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Aerial Photograph

Attachment c    Scheme Amendment Plan

Attachment d   Development Guide Plan

Attachment e    Schedule of Submissions  

  

PRÉCIS

 

The Council is requested to consider adopting proposed Amendment No. 12 to Local Planning Scheme 21 (LPS 21) and an accompanying Development Guide Plan (DGP), following the completion of public consultation. The proposal seeks to rezone a portion of Lot 1992 Downs Road, Ludlow from ‘Agriculture’ to ‘Bushland Protection’ and facilitate subdivision of one additional lot under the City’s Biodiversity Incentive Strategy (BIS).

 

Officers recommend that the Council adopt the proposed Amendment and DGP, which will then be forwarded to the Department of Planning for consideration and endorsement by the Western Australian Planning Commission.

 

BACKGROUND

 

Detailed background information relating to this proposal is discussed in the report to Council of 27 May 2015, when this proposed Amendment was adopted for public consultation. A location plan is included at Attachment A  and an aerial photo of the site is included at Attachment B.

 

In accordance with the BIS, a proposed Local Planning Scheme Amendment (Attachment C) and accompanying Development Guide Plan (Attachment D) have been submitted which propose subdivision of Lot 1992 into two lots. The proposed western lot (Lot 100) is to retain its ‘Agriculture’ zoning, while the proposed eastern lot (Lot 101) is to contain the area of remnant vegetation and be rezoned to ‘Bushland Protection’ and subject to a restrictive (conservation) covenant.

 

Prior to advertising, preliminary advice was sought from officers of the Department of Fire and Emergency Services who indicated no concerns with the proposal and accompanying Fire Management Plan, however their approval is ultimately required as a condition of the DGP.

 

Following the Council’s initiation of the proposal on 27 May 2015, Amendment documentation was referred to the Environmental Protection Authority (EPA) for assessment as required under Part IV of the Environmental Protection Act 1986. The City received advice from the EPA on 25 June 2015 that the proposal did not require formal assessment, and that it was not necessary to provide any further advice or recommendations.

 

Following receipt of advice from the EPA the proposed amendment was publicly advertised for a period of 42 days (closing 26 August 2015), as required in accordance with the Town Planning Regulations 1967, and referred to adjoining landowners and relevant State Government agencies including the Departments of Lands and Environmental Regulation.

 

STATUTORY ENVIRONMENT

 

The Planning and Development Act 2005 and Town Planning Regulations 1967 outline the relevant considerations when preparing and amending local planning schemes, and the relevant provisions have been taken into account in preparing and processing the proposed Amendment. This proposed Amendment is likely to be submitted to the WAPC prior to the new Planning and Development (Local Planning Schemes) Regulations 2015 becoming operational.

 

As detailed in the report of 27 May 2015 this Amendment proposal is considered to be consistent with the relevant provisions of LP21, and the minor modifications recommended as a result of consultation and referral do not influence this assessment.

 

RELEVANT PLANS AND POLICIES

 

As detailed in the report of 27 May 2015 this proposal is considered to be consistent with the relevant provisions of the BIS, Local Rural Planning Strategy and relevant bushfire protection policies, and the minor modifications recommended as a result of consultation and referral do not influence this assessment.

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendations of this report.

 

Long-term financial plan implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed Amendment is considered to be consistent with the following objectives of the City’s Strategic Community Plan 2013 – ‘5.2 Growth is managed sustainably and our environment is protected and enhanced as we develop’.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. The assessment identified ‘downside’ risks only, rather than upside risks as well. Officer assessment identified no significant risks associated with this proposal.

 

CONSULTATION

 

The proposed amendment was advertised for a period of 42 days in accordance with the Town Planning Regulations 1967, and referred to relevant state government agencies.

 

No submissions were received from adjoining landowners or members of the public.

 

Advice was received from the Department of Environmental Regulation indicating no comments regarding the proposal.

A formal response was not received from the Department of Parks and Wildlife (DPaW) however discussion between officers at the Department and the City have indicated support by DPaW for the proposal, but identified that the proposed Weed and Pest Management Plan should also consider and address dieback issues relating to this property. In this regard, City officers are recommending a minor change to the conditions of the proposed DGP such that this Plan is subject to the approval of DPaW prior to subdivision clearance.

 

A Schedule of Submissions is provided as Attachment E.

 

OFFICER COMMENT

 

As discussed in the report of 27 May 2015, the subject proposal is relatively straight-forward, meets the requirements of the BIS and appropriately accounts for fire management requirements.

 

A minor modification to the DGP is recommended on the basis of advice provided by DPaW, which will require the Weed and Pest Management Plan (to be further referred to as the Environmental Management Plan) to be approved by DPaW. This will provide a mechanism for the proponent/ landowner to consult with DPaW and address identified dieback concerns within this Plan prior to the clearance of subdivision, noting that City officers do not consider it necessary to delay the progression of this proposed Amendment and DGP for this to occur at this time.

 

CONCLUSION

 

City officers recommend that the Council adopt proposed Amendment No. 12 to Local Planning Scheme 21, along with the accompanying DGP, subject to a minor modification to the conditions of the DGP (as detailed). The proposed Amendment and DGP will then be forwarded to the WAPC for its consideration.

 

OPTIONS

 

Should the Council not support the Officer Recommendation, the Council could consider the following options –

 

             1.            Resolve to decline the request to adopt the proposed Amendment for final approval.

 

2.            Resolve to adopt the proposed Amendment subject to further modification(s) as required.

 

Officer assessment has not revealed any substantive issue or grounds that would support either of these options.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve referral of the Scheme Amendment documents to the WAPC and this will occur within one month of the date of the Council decision.

 

Council Decision  and Officer Recommendation

C1509/256              Moved Councillor G Bleechmore, seconded Councillor G Henley

 

That the Council:

 

1.            In pursuance of Part V of the Planning and Development Act 2005, adopts proposed         Amendment No. 12 to the City of Busselton Local Planning Scheme No. 21 for final approval,                for the purposes of:

 

                (a)          Rezoning a portion of Lot 1992 Downs Road, Ludlow from ‘Agriculture’ to ‘Bushland                          Protection’; and

 

                (b)          Amending the Scheme Map accordingly.

 

2.            Endorses the Schedule of Submissions prepared in response to the public consultation    undertaken in relation to proposed Amendment No. 12.

 

3.            Refers proposed Amendment No. 12 to the City of Busselton Local Planning Scheme No. 21,          so adopted for final approval, to the Western Australian Planning Commission with a request              for the approval of the Hon. Minister for Planning.

 

4.            That, where notification is received from the Western Australian Planning Commission that a                 modification of the proposed Amendment is required prior to any approval by the Minister,          the modification is to be undertaken in accordance with the requirements of the Town           Planning Regulations 1967 (or as superceded), unless the modification affects the intent of the proposed Amendment, in which case it shall be referred to the Council for consideration.

 

5.            Adopts the Development Guide Plan for Lot 1992 Downs Road, Ludlow pursuant to Clause             7.5 of the City of Busselton Local Planning Scheme No. 21, subject to the following                 modification:

 

                (a)          The Planning Policy Statement reading ‘The Implementation of a Weed and Pest                                 Management Plan’ being amended to instead read ‘The implementation of an                                     Environmental Management Plan (EMP) prepared to the satisfaction of the City of                             Busselton and the Department of Parks and Wildlife.

 

CARRIED 9/0

En Bloc

 


Council                                                                                      11                                                           9 September 2015

10.2           AMENDMENT 13 TO LOCAL PLANNING SCHEME 21 AND MODIFIED BROADWATER STRUCTURE PLAN PRECINCT 2 (WESTERN CELL) - CONSIDERATION FOR INITIATION FOR PUBLIC CONSULTATION

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

BUSINESS UNIT:

Strategic Planning and Development

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Principal Strategic Planner - Louise Koroveshi

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Existing and Proposed Zoning

Attachment c    Endorsed Broadwater Structure Plan (Precinct 2-Western Cell)

Attachment d   Proposed Modified Broadwater Structure Plan (Precinct 2-Western Cell)  

  

PRÉCIS

 

The Council is requested to consider initiating for public consultation proposed Scheme Amendment 13 to Local Planning Scheme 21 (LPS21) which seeks to include approximately 11 hectares of land that is currently zoned and structure planned for urban purposes within the ‘Conservation‘ zone. Modifications to the endorsed Broadwater Structure Plan (Precinct 2 – Western Cell) are also proposed that reflect changes to land use sought through the amendment.

 

The land the subject of the proposed amendment forms part of the landholdings collectively known as ‘Nilgup Park’. Areas within Nilgup Park have significant environmental values, including wetlands and associated vegetation afforded protection by the Environmental Protection (Swan Coastal Plain Lakes) Policy 1992 (EPP) and stands of WA Peppermint Trees that form habitat for the endangered Western Ringtail Possum. The amendment area is also contiguous with land that is already zoned ‘Conservation’ and includes part of Lake Nilgup and The Broadwater (both of which are EPP wetlands). The intent of the amendment and associated modifications to the Broadwater Structure Plan is to retain and protect in perpetuity these important environmental features for conservation purposes through a more appropriate ‘Conservation’ zoning and inclusion in the Department of Parks and Wildlife Nature Conservation Covenant Programme.

 

Officers are recommending that the proposed amendment and proposed modified Broadwater Structure Plan are adopted for referral to the Environmental Protection Authority for environmental assessment and subsequent advertising for public consultation.

 

BACKGROUND

 

The proposal comprises a scheme amendment and modifications to the Broadwater Structure Plan (Precinct 2 – Western Cell) and relates to a number of landholdings collectively known as ‘Nilgup Park’. The location of the subject land is provided at Attachment A. Although zoned and structure planned for urban purposes the land remains undeveloped.

 

The land is mostly flat, with some gentle undulation, and is partially cleared which reflects its historic use for agriculture. It also contains wetlands and remnant vegetation (WA Peppermint Trees) that provide habitat for the endangered Western Ringtail Possum. The original homestead is located on Lot 50 with other farm buildings and infrastructure located within the landholdings.

A firebreak is located along the boundary of the subject land with existing residential development and public open space. In addition to the existing firebreak, cleared land separates existing residential development from scattered stands of remnant vegetation.

 

Each component of the proposal is outlined below under appropriate subheadings.

 

Scheme Amendment

 

The scheme amendment proposes to rezone -

 

1.            Lot 9009 Beachfields Drive and portion of Lot 1 Bussell Highway from ‘Residential R20’ to                 ‘Conservation’ and ‘Reserve for Recreation’.

2.            Portion of Lot 50 Bussell Highway from ‘Residential R20’ and ‘Reserve for Recreation’ to ‘Conservation’.

3.            Portion of Lots 0 and 30 Bussell Highway from ‘Residential R20’, ‘Tourist’ and ‘Reserve for              Recreation’ to ‘Conservation’.

4.            Portion of Lot 9008 Kooljak Road from ‘Residential R20’ and ‘Reserve for Recreation’ to   ‘Conservation’ and ‘Reserve for Recreation’.

5.            Portion of Lot 176 Bussell Highway from ‘Conservation’ to ‘Reserve for Recreation’.

 

The existing and proposed zoning maps are provided at Attachment B.

 

Proposed Modified Broadwater Structure Plan (Precinct 2 – Western Cell)

 

The endorsed Broadwater Structure Plan (Precinct 2 – Western Cell) applies to the western portion of the Broadwater locality (bound by Bussell Highway, Cookworthy Road and Travellers Well Street) and designates the land for residential, tourist, conservation and public open space purposes (Attachment C). The proposed modified structure plan is provided at Attachment D.

 

The key modifications proposed may be summarised as follows - 

 

1.            Designating land currently zoned ‘Residential’ as ‘Conservation’ (approximately 11 hectares);

2.            Identifying new areas of public open space (approximately 1.5 hectares);

3.            Designating approximately 2 hectares of public open space as ‘Conservation’;

4.            Designating land currently zoned ‘Tourist’ (approximately 7,885m2) as ‘Conservation’.

5.            Modifying the road and dual use path network in response to proposed land use changes.

 

The property has been in the same ownership for many years and the owners have a strong association with, and affinity for, the land. The owners wish to protect the environmental values of the land that relate to Lake Nilgup and remnant native vegetation. Although the intent is for the proposed ‘Conservation’ zoned land to be retained in private ownership, protection, rehabilitation and management arrangements will be secured through the DPaW Nature Conservation Covenant Programme. The programme will support, and have input into such matters as: areas to be rehabilitated; rehabilitation measures; fauna surveys/management plans and ongoing management measures (including the preparation and implementation of a fire management plan as a requirement of subsequent subdivision and stated as a new condition on the structure plan).

 

The proposal will facilitate the subsequent creation of three conservation lots. It is intended to subdivide and amalgamate Lots 176, 30, 0, 9008 and 9009 to form one conservation lot, with the balance of Lots 50 and 1 as separate conservation lots. Lot 50 includes the existing homestead with an identified building envelope. The draft structure plan removes the opportunity to develop additional dwellings.

 

The intent of the proposal is to retain urban cells identified within Lots 9008, 50 and 1 where they are clearly suitable for development (within cleared areas and adjacent to the existing road network and service infrastructure). The modified road and dual use path network provide for connectivity to the adjoining land to the east (that is zoned for urban development and subject to the Broadwater Structure Plan - Precinct 1). Excluding the land the subject of the proposal, the undeveloped areas within the Broadwater Structure Plan Precincts 1 & 2 could deliver approximately 305 residential lots.

 

The ‘Tourist’ zoned site was originally identified during the preparation of the Broadwater Structure Plan because at that time the landowners intended to establish a private conservation park on the adjoining landholdings. This is no longer an aspiration of the landowners. The City’s Local Tourism Planning Strategy does not include any reference to this site, therefore there does not appear to be a strategic rationale for retaining the site for tourism purposes. Condition 2 on the endorsed Broadwater Structure plan is removed as it was linked specifically to the approval of a private conservation park. Notwithstanding this, the conservation covenant will address matters relating to the management of the conservation area.

 

In terms of public open space provision, the proposed modifications would result in a net reduction of approximately 0.5ha. Given that the proposal intends to reallocate approximately 11 hectares of undeveloped residential land for conservation, the reduction in POS provision is considered to be minor. Public open space is retained in the northwest portion of Lot 9009 as per the endorsed structure plan as it is identified for drainage purposes. New areas of public open space proposed within Lots 176 and 1 will consolidate existing and proposed open space, include cleared areas for passive/active recreational uses.

 

A Drainage Concept Plan was endorsed as part of the Broadwater Structure Plan and provided information on catchment areas, basin storage capacities, 100yr flood routes and identified the location of major drainage basins. Drainage basin locations are retained on the modified structure plan in accordance with the Drainage Concept Plan within Lots 9009 and 9008. Future residential development within the balance of Lot 1 will be directed to an existing detention basin in accordance with the Drainage Concept Plan. 

 

STATUTORY ENVIRONMENT

 

The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing this amendment. The key elements of the statutory environment with respect to the proposal are set out in the endorsed Broadwater Structure Plan (Precinct 2 – Western Cell). The structure plan identifies the land for residential, tourist, conservation and public open space purposes (Attachment D).

 

The proposed modified structure plan was prepared to facilitate and guide urban development in the locality by: indicating residential planning codes to regulate the future density of residential development; creating conservation areas and buffers to the Broadwater wetlands; providing adequate areas of active and passive public open space and urban bushland; and creating a legible pedestrian and road network. It is considered that the proposed modifications retain the intrinsic values of the endorsed Broadwater Structure Plan, but in doing so will facilitate the protection of remnant vegetation and habitat that would otherwise have been lost as a result of urban development and deliver a better outcome in terms of conservation objectives for the Broadwater locality generally.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration of the proposed amendment are set out in the Western Australian Planning Commission’s Statement of Planning Policy No. 1 State Planning Framework; Statement of Planning Policy No. 2 Environment and Natural Resources Policy; Environmental Protection (Swan Coastal Plain Lakes) Policy 1992; the Draft Local Planning Strategy and Local Planning Policy 9B Bushfire Protection Provisions. Each is addressed below under appropriate subheadings.

 

Statement of Planning Policy No. 1 State Planning Framework

 

SPP1 sets out the key principles relating to (amongst other things) the environment that should guide the way in which planning decisions are made. A key statement relevant to the consideration of this proposal is that planning should promote the conservation of ecological systems and the biodiversity they support including ecosystems, habitats, species and genetic diversity.

 

Statement Planning Policy No. 2 - Environment and Natural Resources Policy

 

The purpose of SPP2 is to guide the land use planning and decision making of local governments and the Western Australian Planning Commission in protecting, conserving and enhancing the natural environment.

 

General measures set out in SPP2 of particular relevance to the consideration of this proposal are -

 

·    Actively seek opportunities for improved environmental outcomes including support for development which provides for environmental restoration or enhancement; and

·    Support conservation, protection and management of native remnant vegetation where possible, to enhance soil and land quality, water quality, biodiversity, fauna habitat, landscape, amenity values and ecosystem function.

 

Of particular relevance to this proposal, SPP2 sets out that planning strategies, schemes and decision making should (amongst other things) -

 

·    Consider mechanisms to protect, manage, conserve and enhance wetlands of importance, Ramsar-listed wetlands and wetlands identified in any relevant Environmental Protection Policy such as the Swan Coastal Plain Lakes EPP; and

·    Assist in establishing a comprehensive, adequate and representative conservation system throughout the State for flora, fauna habitat, landscapes, waterways, estuaries and wetlands.

 

Environmental Protection (Swan Coastal Plain Lakes) Policy 1992

 

Environmental Protection Policies (EPPs) are policies developed under the Environmental Protection Act 1986 and have the force of law. EPPs are developed to establish environmental values and quality objectives for a particular environment or component of the environment. The purpose of this EPP is to protect the environmental values of lakes (wetlands) on the Swan Coastal Plain. Unless authorised by the Environmental Protection Authority, it is an offence to fill, drain, excavate, pollute or clear lakes identified by the policy.

 

Draft Local Planning Strategy

 

The draft Local Planning Strategy (LPS) sets out the long term (25yrs +) planning direction for the City and provides the overarching, strategic rationale for decisions relating to the planning and development of the District. The draft LPS establishes an urban growth area framework that identifies current growth areas (land mostly already identified and zoned in Local Planning Scheme 21), medium-term growth areas (10 – 15yrs+ land that will require rezoning and structure planning before development can occur) and long-term growth areas (25 yrs+ but where planning processes should not commence within that timeframe). Broadwater is one of ten current growth areas (such as Dunsborough Lakes, Vasse and Yalyalup) and an important element of the draft LPS is to support a continued supply and choice in urban land supply commensurate with projected population growth.

 

Population projections and residential land supply/demand models that underpin the draft LPS urban growth areas framework indicate that, even with the reduction in urban land in the Broadwater locality proposed by this amendment, there is sufficient zoned and structure planned land to accommodate growth for at least the next 15 years.

 

The draft LPS also identifies the need to plan for environmental change and risk, especially in the context of predicted sea level rise and the associated risk of coastal inundation and inland flooding arising from climate change. In this regard, the coastal wetland chain that extends from Dunsborough through Broadwater to the Vasse-Wonnerup estuaries (and identified in the draft LPS to remain as rural and reserved land) have an important natural drainage and floodwater storage functions that will assist in flood inundation management. 

 

This aspect was also a relevant consideration during the preparation of the current endorsed Broadwater Structure Plan (Precincts 1 & 2) in setting aside flood prone land from development.

 

Local Planning Policy 9B Bushfire Protection Provisions

 

The policy sets out the City’s approach to bush fire protection issues in association with development and subdivision and guides decision making in relation to town planning scheme amendments and applications for approval of structure plans/development guide plans.

 

The land the subject of the amendment is designated ‘Urban – Not Prone to Bush Fire’ pursuant to the City’s bush fire prone area mapping. The adjoining ‘Conservation’ zoned land is not subject to the bush fire prone area mapping, probably because it contains a large open water body (‘The Broadwater’).

 

The intent of the proposal is to identify areas for rehabilitation within the new conservation area as part of the DPaW Nature Conservation Covenant Programme. The covenant is likely to include rehabilitation measures such as revegetation and as such a fire management plan will need to be prepared, approved and implemented as part of that process. This will be addressed at the subdivision stage.

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendations of this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposal is considered to be consistent with the following objectives of the City’s Strategic Community Plan 2013‘Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.’

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. The assessment identified ‘downside’ risks only, rather than upside risks as well. The implementation of the Officer Recommendation will involve initiating the proposed scheme amendment and referring it to the Environmental Protection Authority. In this regard, there are no significant risks identified.

 

CONSULTATION

 

There is no requirement under the Planning and Development Act 2005 to advertise a proposed scheme amendment prior to it being initiated by the Council. Accordingly, no advertising has occurred to date.

 

If the Council resolves to initiate the proposed amendment, the relevant amendment documentation would be referred to the Environmental Protection Authority for consideration of the need for formal assessment under Part IV of the Environmental Protection Act 1986. Should the EPA resolve that the amendment does not require formal assessment it will be advertised for 42 days in accordance with the Town Planning Regulations 1967.

 

Prior to lodgement of the proposal, the applicant consulted with City officers, the Department of Parks and Wildlife and the Department of Planning and received in-principle support.

 

OFFICER COMMENT

 

In considering the proposal the key element for consideration is balancing urban land supply needs more broadly with conservation objectives for the Broadwater area.

 

The objective of the proposed scheme amendment and modified Broadwater Structure Plan is to protect and retain in perpetuity the significant environmental values found within Nilgup Park. The proposal will place the whole of Lake Nilgup and its associated vegetation, along with stands of WA Peppermint Trees that form habitat for the endangered Western Ringtail Possum, within the ‘Conservation’ zone, with ongoing protection, rehabilitation and management arrangements (including fire management) to be secured through the DPaW Nature Conservation Covenant Programme.

 

The amendment area is contiguous with land already zoned and reserved for conservation and recreation purposes that includes part of Lake Nilgup and The Broadwater.  The adjoining land also forms part of an environmental corridor of reserved land that links the Nilgup Park, Broadwater and New River wetlands with the Ramsar-listed Vasse-Wonnerup estuaries, all of which are EPP wetlands.

 

Population projections and residential land supply/demand models that underpin the draft LPS urban growth framework indicate that, even with the reduction in urban land in the Broadwater locality proposed by this amendment, there is sufficient zoned and structure planned land to accommodate growth for at least the next 15 years.  The draft LPS also proposes the timely commencement of planning processes for new medium-term growth urban areas so that market choice and supply in residential estates can be maintained towards the end of that timeframe, commensurate with projected population growth.

 

In this regard, officers are of the view that the amendment will not have a material impact on urban land supply needs. The proposal presents a unique, landowner-driven opportunity to secure additional conservation zoned land in a locality that contains some of the most important environmental values and qualities in the District.

 

CONCLUSION

 

Officers are recommending that proposed Amendment 13 to Local Planning Scheme No. 21 be initiated for referral to the EPA and subsequent advertising for public comment.

OPTIONS

 

Should the Council not support the Officer Recommendation the Council could –

 

1.            Resolve not to adopt the draft amendment for public consultation and provide a reason for          such a decision.

 

2.            Resolve to adopt the amendment for public consultation, subject to further modification(s).

 

Officers consider that there are not substantive issues that would support either option.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve the provision of advice of the Council resolution to the applicant and this will occur within one month of the resolution.

 

Council Decision  and Officer Recommendation

C1509/257              Moved Councillor G Bleechmore, seconded Councillor G Henley

 

That the Council:

 

1.         1.            In pursuance of Part V of the Planning and Development Act 2005, initiates draft Amendment      No. 13 to the City of Busselton Local Planning Scheme No. 21 for the purposes of:

 

a.         Rezoning Lot 9009 Beachfields Drive and portion of Lot 1 Bussell Highway, Broadwater from ‘Residential R20’ to ‘Conservation’ and ‘Reserve for Recreation’.

 

b.         Rezoning portion of Lot 50 Bussell Highway, Broadwater from ‘Residential R20’ and ‘Reserve for Recreation’ to ‘Conservation’.

 

c.         Rezoning portion of Lots 0 and 30 Bussell Highway, Broadwater from ‘Residential R20’, ‘Tourist’ and ‘Reserve for Recreation’ to ‘Conservation’.

 

d.         Rezoning portion of Lot 9008 Kooljak Road, Broadwater from ‘Residential R20’ and ‘Reserve for Recreation’ to ‘Conservation’ and ‘Reserve for Recreation’.

 

e.         Rezoning portion of Lot 176 Bussell Highway, Broadwater from ‘Conservation’ to ‘Reserve for Recreation’.

 

f.          Amending the Scheme Map accordingly.

 

2.         That, as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and regulations made pursuant to the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967. In the event that the EPA determines that the draft Amendment is to be subject to formal environmental assessment, this assessment is to be prepared by the proponent prior to advertising of the draft Amendment.

 

 

 

 

3.         Adopts the draft Broadwater Structure Plan for community consultation pursuant to clause 7.4 of the City of Busselton Local Planning Scheme No. 21.

 

CARRIED 9/0

En Bloc

  


Council                                                                                      17                                                           9 September 2015

11.             Engineering and Works Services Report

Nil

12.             Community and Commercial Services Report

Nil


Council                                                                                      19                                                           9 September 2015

13.             Finance and Corporate Services Report

13.1           POWER TO LICENCE RESERVE 38693, LIONS PARK, DUNSBOROUGH

SUBJECT INDEX:

Agreements / Contracts

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Property Services

REPORTING OFFICER:

Manager, Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

Reserve 38693 (known as Lions Park, Dunsborough) is crown land, set aside for ‘public recreation’ and vested to the City of Busselton.  The City does not however have power to lease under the Management Order. 

 

Potential opportunities exist for portions of the Reserve to be used for alfresco dining and other such purposes, enhancing the vibrancy of the area while at the same time maintaining its nature as a shared public space.  In order to facilitate these opportunities and provide for effective management of the reserve an amendment to the Management Order is required to provide the City power to licence. 

 

This report recommends that the Council seek such an amendment from the Department of Lands.       

 

BACKGROUND

 

Reserve 38693 (the “Reserve”) is crown land, set aside for ‘public recreation’.  The Reserve is vested to the City of Busselton, but with no power to lease.  The Reserve adjoins the Dunsborough Park Shopping Centre.

 

In December 2013 Council resolved (C1312/319) to approve an application made by Occy’s Dunsborough (Occy’s) to extend their alfresco area on to the Reserve, increasing their alfresco area from approximately 75m2 to 190m2.  Officers have since been approached by other businesses adjacent to the Reserve looking to set up similar alfresco areas.

 

In endorsing Occy’s Development Application, the Department of Lands (the “DoL”) advised that “Reserve 38693 is set aside for ‘public recreation’ but seemingly was created as a result of the development on adjacent land with no doubt the intent that the reserve be used in conjunction with the adjacent land uses as well as by the wider community.  Uses as proposed in this case can be supported provided the use does not deny or limit public access and use to the overall reserved area.” 

 

The DoL further advised that it is not appropriate to grant any third party exclusive use of a portion of a public reserve but indicated support for an amendment of the current management order to include the power to licence, subject to any approved use having limited impact on public access (within reason) and any agreement being presented to them for consent prior to execution.

 

While Occy’s currently operate their Alfresco under an Outdoor Eating Licence issued annually under the City of Busselton’s previous Trading in Public Places Local Law (soon to be an Outdoor Eating Facility Permit issued under the Activities in Thoroughfares and Public Places and Trading Local Law 2015), it is considered more appropriate for the City to seek power to licence over the Reserve, allowing it to negotiate longer term licence arrangements with commercial operators wishing to use the Reserve. 

 

STATUTORY ENVIRONMENT

 

The Reserve is vested to the City of Busselton but with no power to licence.  Under Section 46 of the Land Administration Act 1997, the City would be required to seek consent from the Minister for Lands for the power to licence.  A change of purpose for the Reserve is not required as the intended uses are not inconsistent with its current purpose of ‘public recreation’.

 

The Reserve is however subject to Section 152 guidelines of the Planning and Development Act 2005.  Such reserves have a high level of protection to ensure they provide free and uninterrupted access to the whole of the reserve for the general public.  This needs to be given due regard when considering any future licence agreements over the Reserve.  Additionally any revenue collected by the City under a licence agreement should be put back into funding maintenance / improvements to the Reserve or other Section 152 reserves.      

 

RELEVANT PLANS AND POLICIES

 

Nil

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendation in this report.  The ability to negotiate longer term licence arrangements however will enable the City to charge an appropriate amount for use of the Reserve, with funds raised helping to ensure the ongoing proper maintenance and / or improvement of the Reserve.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation in this report aligns with Key Goal Area 2 – Well Planned, Vibrant and Active Places, and specifically Community Objective 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 the Officer Recommendation has been undertaken using the City’s risk assessment framework. There are no risks assessed as being of a medium or greater level.

 

CONSULTATION

 

Officers have consulted with the DoL in relation to the proposal to seek power to licence over the Reserve.  The DoL have indicated their support for the proposal subject to any proposed use of the Reserve having limited impact on public access (within reason), and any agreement being presented to them for consent prior to execution. 

 

The DoL have also indicated that they may be supportive of an application from the City seeking power to lease over very limited portions of the Reserve (adjacent to the Dunsborough Park Shopping Centre) but have advised that this would take at least twelve (12) months to achieve given the current Section 152 status of the Reserve and would be subject to further consultation.  While this is something the City may want to further consider, power to licence is considered a more appropriate measure, at least for the interim.        

 

OFFICER COMMENT

 

Consistent with Community Objective 2.2 of the City’s Strategic Community Plan 2013 (Review 2015), the use of the Reserve for alfresco dining and other such activities provides opportunities to add to the vibrancy of the shared space in and around Lions Park and the Dunsborough Park Shopping Centre.  The City is aware of potential opportunities for the Reserve to be used in such a way. 

 

Having power to licence over the Reserve will allow facilitation of these opportunities and enable the City to better manage the longer term use of the Reserve under a negotiated agreement with appropriate terms and conditions and application of appropriate charges.  It will also provide for consistency in terms of how such reserves within the City are managed, providing for similar arrangements to those in place for Holgate Reserve.

 

This report therefore seeks Council support for the CEO to write to the DoL requesting alteration of the Management Order to grant the City power to licence for periods of up to 21 years.  Any future proposal however to enter into licence arrangements will be subject to separate Council endorsement sought through future reports to Council.

 

CONCLUSION

 

The provision of power to licence over the Reserve will enable the City to more effectively manage the long term use of the Reserve, ensuring its importance as a public space is maintained while providing potential opportunities for enhancement of its use and the surrounding areas.      

 

OPTIONS

 

Council may determine that it does not wish to provide for increased use of the Reserve in the manner contemplated by this report.  As such it may determine that power to licence over the Reserve is not necessary and decide not to endorse the Officer Recommendation. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

A request seeking an amendment to the Management Order providing power to icence over the Reserve will be made to the DoL within two weeks of the Officer Recommendation being adopted.  This process can take up to six (6) months to complete.

 

Council Decision  and Officer Recommendation

C1509/258              Moved Councillor G Bleechmore, seconded Councillor G Henley

 

That the Council write to the Department of Lands to request alteration of the Management Order for Reserve 38693 to grant the City power to licence, for periods of up to 21 years subject to approval from Minister for Lands.

 

CARRIED 9/0

En Bloc

  


Council                                                                                      21                                                           9 September 2015

14.             Chief Executive Officer's Report

14.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillors' Information

STRATEGIC OBJECTIVE:

Governance systems that deliver responsible, ethical and accountable decision-making.

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Executive Services

REPORTING OFFICER:

Reporting Officers - Various .

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Map Lots 500 and 501

Attachment b    Planning Applications Received 1 to 15 August, 2015

Attachment c    Planning Applications Determined 1 to 15 August, 2015

Attachment d   Appointments to South West Development Commission Board of Management  

  

PRÉCIS

 

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting.  The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

 

 

INFORMATION BULLETIN

14.1.1    RESERVE 52108 (Lot 501) - Management Order in Favour of St John Ambulance WA Ltd for purpose of ‘Ambulance Depot and Associated Facilities’

 

RESERVE 43859 (Lot 500) – Management Order in Favour of City of Busselton for purpose of ‘Community and Recreation’ (with the power to lease for a period not exceeding 21 years)

 

Corner Molloy Street and Causeway Road, Busselton

 

In 2014, St John approached the City requesting a (21-year) lease agreement for a portion of Reserve 43859 - at that time vested in the City for the purpose of ‘Aquatic Centre’ - to allow the construction of a new ambulance sub-centre and first-aid training facility at the corner of Molloy Street and Causeway Road, Busselton.

 

This request was endorsed by the Council subject to, inter alia, the Department of Lands (DoL) first agreeing to change the purpose of Reserve 43859 from ‘Aquatic Centre’ to ‘Recreation, Emergency Services and Community Purposes’ (in order to facilitate the lease agreement and also to amend the redundant (1995) purpose of the existing Reserve).

 

Subsequent discussions with the DoL, however, determined that the best approach and outcome for all parties would be to:

 

(i)            Excise the 5,345m2 portion of land requested by St John Ambulance from Reserve 43859 and create a separate Reserve and Management Order, in favour of St John, for the purpose of ‘Ambulance Depot and Associated Facilities’; and

(ii)           Issue a new Management Order in favour of the City over the balance of Reserve 43859 (being 5.7 hectares), for the purpose of ‘Community and Recreation’.

 

These new Reserves and associated Management Orders were formally created on 30 July 2015 and have since been issued to the City, and to St John Ambulance WA Ltd, accordingly.       

14.1.2    Planning & Development Services Statistics

 

Planning Applications

 

Attachment PDS1 is a report detailing all Planning Applications received by the City between 1 and 15 August, 2015.  Thirty six formal applications were received during this period.

 

Attachment PDS2 is a report detailing all Planning Applications determined by the City between 1 and 15 August, 2015.  A total of thirty one applications (including subdivision referrals) were determined by the City during this period with all approved / supported.  

14.1.3    Appointments to the South West Development Commission Board of Management

 

Two local government representatives have recently been appointed to the South West Development Commission Board of Management by the Hon Terry Redman, Minister for Regional Development.  They are Councillor Wayne Sanford from the Shire of Collie and Councillor Tania Jackson from the Shire of Harvey.

14.1.4    Resignation from Meelup Regional Park Management Committee

 

Mr Chester Burton has resigned from his position on the Meelup Regional Park Management Committee.  Given the proximity of the forthcoming election and the fact that Committees and their membership are required to be reviewed at that time, the Committee position should be left vacant and deputies can attend meetings in the meantime.

 

Council Decision  and Officer Recommendation

 

C1509/259              Moved Councillor G Bleechmore, seconded Councillor G Henley

That the items from the Councillors’ Information Bulletin be noted:

·       14.1.1          RESERVE 52108 (Lot 501) - Management Order in Favour of St John Ambulance WA Ltd for purpose of ‘Ambulance Depot and Associated Facilities’

·       14.1.2          Planning & Development Services Statistics

·       14.1.3          Appointments to the South West Development Commission Board of Management

·       14.1.4          Resignation from Meelup Regional Park Management Committee

 

CARRIED 9/0

En Bloc

  


Council                                                                                      23                                                           9 September 2015

15.             Motions of which Previous Notice has been Given

Nil  

16.             Confidential Reports  

Nil

17.             Public Question Time

Nil

18.             Next Meeting Date

Wednesday, 23 September 2015

19.             Closure

The meeting closed at 5.34pm.

 

THESE MINUTES CONSISTING OF PAGES 1 TO 24 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 23 September 2015.

 

 

DATE:_________________              PRESIDING MEMBER:_________________________