COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

11 November 2015

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 11 November 2015

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council  will be held in the the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 11 November 2015, commencing at 5.30pm .

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

2 November 2015


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 11 November 2015

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 5

2....... Attendance. 5

3....... Prayer. 5

4....... Public Question Time. 5

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

6....... Application for Leave of Absence. 5

7....... Petitions and Presentations. 5

8....... Disclosure Of Interests. 5

9....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

9.1          Minutes of the Council  held on 28 October 2015. 5

Committee Meetings. 6

9.2          Minutes of the Policy and Legislation Committee held 21 October 2015. 6

9.3          Minutes of the Finance Committee held 21 October 2015. 6

9.4          Minutes of the Special Council held 21 October 2015. 6

10..... Planning and Development Services Report. 7

10.1        AMENDMENT NO. 17 TO LOCAL PLANNING SCHEME 21 - INTRODUCTION OF A SPECIAL PROVISION  AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY AND REZONE PORTION OF LAND FROM PUBLIC PURPOSE RESERVE TO AGRICULTURE - DUNSBOROUGH LAKES HOLIDAY RESORT AND CARAVAN PARK - CONSIDERATION FOR INITIATION.. 7

10.2        LOCAL PLANNING SCHEME 21 AMENDMENT 5 - 700 CAVES ROAD, MARYBROOK - PROPOSED SPECIAL PROVISIONS TO PERMIT 'UNRESTRICTED LENGTH OF STAY' ON UNDEVELOPED STRATA LOTS - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL (REQUEST FOR COUNCIL RECONSIDERATION). 16

11..... Engineering and Works Services Report. 33

Nil

12..... Community and Commercial Services Report. 33

12.1        PROPOSED IMPROVEMENTS TO TOURIST DIRECTIONAL SIGNAGE ON MAIN ROADS AND ROADSIDE VISITOR INFORMATION.. 33

13..... Finance and Corporate Services Report. 60

13.1        CITY OF BUSSELTON PROPOSED CEMETERIES LOCAL LAW 2015. 60

14..... Chief Executive Officer's Report. 86

14.1        COUNCILLORS' INFORMATION BULLETIN.. 86

15..... Motions of which Previous Notice has been Given.. 102

Nil

16..... Confidential Reports. 102

Nil

17..... Questions from Members. 102

18..... Public Question Time. 102

19..... Next Meeting Date. 102

20..... Closure. 102

 


Council                                                                                      5                                                            11 November 2015

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

Approved Leave of Absence

3.               Prayer

The prayor will be delivered by Pastor Tony Peak from the Abundant Life Centre (Assemblies of God).

4.               Public Question Time

Response to Previous Questions Taken on Notice 

Public Question Time

5.               Announcements Without Discussion

Announcements by the Presiding Member 

Announcements by other Members at the invitation of the Presiding Member

6.               Application for Leave of Absence

7.               Petitions and Presentations 

8.               Disclosure Of Interests

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 28 October 2015

Recommendation

That the Minutes of the Council  Meeting held 28 October 2015 be confirmed as a true and correct record.

 

 

 

 

 

 

 

Committee Meetings

9.2             Minutes of the meeting of the Policy and Legislation Committee held 21 October 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Policy and Legislation Committee held 21 October 2015 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee held 21 October 2015 being:

 

a)    The Election of the Presiding Member being awarded to Cr Coralie Tarbotton.

 

b)    The Election of the Deputy Presiding Member being awarded to Cr Rob Bennett.

 

c)    The establishment of a meeting schedule being the third Thursday of the month commencing at 2.00pm.

 

9.3             Minutes of the meeting of the Finance Committee held 21 October 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Finance Committee held 21 October 2015 be received.

 

2)    That the Council notes the outcomes of the Finance Committee held 21 October 2015 being:

 

a)    The Election of the Presiding Member being awarded to Cr John McCallum.

 

b)    The Election of the Deputy Presiding Member being awarded to Cr Gordon Bleechmore.

 

c)    The establishment of a meeting schedule being the first Thursday of the month commencing at 9.30am.

 

9.4             Minutes of the Special Council Meeting held 21 October 2015

RECOMMENDATION

 

That the minutes of the Special Council Meeting held 21 October 2015 be confirmed as a true and correct record.

 

 


Council                                                                                      7                                                            11 November 2015

10.             Planning and Development Services Report

10.1           AMENDMENT NO. 17 TO LOCAL PLANNING SCHEME 21 - INTRODUCTION OF A SPECIAL PROVISION  AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY AND REZONE PORTION OF LAND FROM PUBLIC PURPOSE RESERVE TO AGRICULTURE - DUNSBOROUGH LAKES HOLIDAY RESORT AND CARAVAN PARK - CONSIDERATION FOR INITIATION

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning and Development

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Scheme Amendment Map  

  

PRÉCIS

 

The Council is asked to consider Amendment No. 17 to Local Planning Scheme No. 21 for adoption for advertising.

 

The intent of the proposal is twofold:

 

(1)  to correct an anomaly by rezoning a ‘Public Purpose’ (Drain) Reserve to ‘Agriculture’ zone; and

(2)  to introduce a ‘Special Provision’ that will allow for no more than 15% of developed sites to be utilised on an ‘unrestricted length of stay’ basis (i.e. for greater than 3 months by any one person in any 12 month period). 

 

Support for the proposed Amendment will enable formal public consultation to occur prior to the Council making a final determination on the matter.

 

It is recommended that the Council initiates Amendment No. 17 pursuant to Part V of the Planning and Development Act 2005.

 

BACKGROUND

 

The Council is asked to consider a scheme amendment over Lot 2761 Commonage Road, Quindalup, known as the Dunsborough Lakes Holiday Resort and Caravan Park.  The subject land, which was developed as a caravan park in the mid-1990’s is 37.12ha in area and is situated directly opposite the Dunsborough Lakes residential area on Commonage Road.

 

The proposal seeks to accomplish two key elements:

 

1.         Correct an anomaly by zoning a ‘Public Purpose (Drain)’ Reserve to ‘Agriculture’ zone; and

 

2.         Introduce a special provision to permit an unrestricted length of stay for up to 15% of caravan sites. 

 

To achieve the objectives of the second part of the amendment it is proposed include the whole of the subject land within a Special Provision Area pursuant to Schedule 3 of LPS21, as outlined in the table below –

No.

Particulars of Land

Zone

Special Provision

60

Lot 2761 (Vol 2214 & Folio 197) Commonage Road, Quindalup

Agriculture

1.    That Council may approve the use of up to, but not more than, 15% of caravan sites developed on-site with no restriction on length of stay. The remainder of the caravan sites shall be for short-stay use only and subject of length of stay restrictions to no more than 3 months in any 12 month period.

2.    The caravan sites provided for use on an unrestricted length of stay basis shall be proportionate to the total number of short-stay caravan sites developed at any given time.

3.    Upon Gazettal of Scheme Amendment No. 17, sites to be utilised on an ‘unrestricted length of stay’ basis are to be clearly identified by lodgement and approval of an application for planning approval.

 

The proposed amendment would facilitate a variation for specific caravan sites to the standard restriction of 3 months occupancy within a 12 month period that applies to tourist accommodation, to allow the occupiers to occupy a site for an unrestricted length of time. It should be noted there are a number of people permanently residing on the site at present, which is not consistent with the current town planning scheme.

 

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 and processing this amendment.  The Planning and Development (Local Planning Schemes) Regulations 2015, which came into operational effect on 19 October 2015, identifies three different levels of amendments – basic, standard and complex.  The resolution of the local government is to specify the level of the amendment and provide an explanation of the reason for the local government forming that opinion.

 

The City of Busselton Local Planning Scheme No. 21 (the Scheme) identifies the majority of the land within the ‘Agriculture’ zone, with a small portion identified as ‘Public Purpose (Drain)’ Reserve.  The property is developed for ‘Caravan Park & Camping Grounds’, which is defined pursuant to Schedule 1 or LPS21 as meaning –

 

“a property licensed for the placement of caravans and may also include camping sites.”

 

Clause 5.18 of LPS21 deals with residential occupancy of tourist developments as follows:

 

“5.18.1  No person shall occupy a tourist accommodation unit, chalet, caravan, camp or any other form of tourist accommodation for more than a total of 3 months in any one 12 month period.

 

5.18.2    Notwithstanding the provisions of clause 5.18.1 and subject to consideration of the need to make available adequate tourist accommodation the local government may grant planning approval for the permanent occupancy of up to 15% of caravan sites within a caravan park only on land in the Residential zone or Tourist zone.”

 

Although the subject land is zoned ‘Agriculture’, clause 6.3.1 of LPS21 provides the mechanism for Special Provisions to be introduced into the Scheme, in addition to provisions normally applying to that zoning, where suitable and appropriate and for the Scheme Map to be updated accordingly.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration of the proposed amendment are set out in:

 

*    the Western Australian Planning Commission Planning Bulletin 83/2013 – Planning for Tourism;

*    the Western Australian Planning Commission Planning Bulletin 49/2014 – Caravan Parks;

*    the City of Busselton Local Tourism Planning Strategy;

*    the City of Busselton Local Rural Planning Strategy; and

*    the City of Busselton Rural Tourist Accommodation Policy Provisions

 

Each is discussed below under appropriate subheadings.

 

Western Australian Planning Commission Planning Bulletin 83/2013 – Planning for Tourism

 

The Bulletin sets out the policy of the WAPC to guide decision making by the WAPC and local government for subdivision, development and scheme amendment proposals for tourism purposes. Policy provisions outlined in this bulletin relevant to the consideration of the proposed amendment include –

 

*          Proposals for non-tourist accommodation developments (such as permanent residential, commercial, retail and restaurant) within tourism sites to facilitate the development of tourist accommodation should be considered on a case-by-case basis.

 

*          For permanent residential use, local governments may set a percentage limit within their local planning strategy or local planning policy.

 

Western Australian Planning Commission Planning Bulletin 49/2014 – Caravan Parks

 

This Bulletin provides guidance on matters to be taken into consideration in planning for caravan parks, including the development of new or redevelopment of existing parks.  Relevant statements made in this bulletin to the proposed amendment include –

 

*    The retention and development of caravan parks as affordable holiday accommodation within the State is a priority that is being addressed across government.

 

*    A key planning objective to ensure the compatibility of short-stay and long-stay (occupancy for any period of time greater than three months in any twelve month period) uses of caravan parks through appropriate separation.

 

*    Where practicable, caravan parks comprising a long-stay component should be located where there is access to urban facilities and amenities.

 

*    There is a presumption against caravan parks comprised of long-stay residents being located in areas of high tourism value because it is preferable that these sites/locations are secured for tourism purposes.

 

*    Any long-stay accommodation should complement the short-stay sites with priority given to locating short-stay accommodation on those areas of the site providing the highest tourism amenity (e.g. the beachfront, proximity to shared ablution blocks).

 

*    The design of the caravan park should separate any long-stay accommodation from short-stay accommodation to help ameliorate noise and social issues. Where possible, separate facilities and access should be provided.

City of Busselton Local Tourism Planning Strategy

 

The Local Tourism Planning Strategy (the Tourism Strategy) provides the long term strategic land use planning and strategic direction for tourism development within the District.  The Tourism Strategy identifies specific parcels of land as Strategic Tourism Sites, Strategic Tourism Precincts and Non-strategic Tourism Sites, all of which are to be retained for tourism purposes.  The Tourism Strategy supports an unrestricted length of stay component on non-strategic sites subject to meeting assessment criteria.

 

Whilst the Tourism Strategy is silent on the matter of caravan parks on ‘Agriculture’ zoned land and does not specifically identify the tourism development on this property, recommendation 3.12 of the strategy states as follows:

 

“3.12  Support a change to District Town Planning Scheme 20 (Clause 43(2)) [now clause 5.18.2 of Local Planning Scheme No. 21] to permit consideration of up to 15% of caravan sites for permanent occupancy in caravan parks abutting or adjoining urban zones.”

 

City of Busselton Local Rural Planning Strategy

 

The Local Rural Planning Strategy (the Rural Strategy) guides land use and development in the rural areas of the municipality.  The subject land is located within Precinct 5 ‘Central Rural’, which is considered to comprise the “rural wedge” between the Busselton/Vasse and Dunsborough urban centres.  The Rural Strategy acknowledges existing tourist developments within this precinct, including along Commonage Road, being on the periphery of the urban area.  The precinct vision is to retain the rural wedge between Busselton and Dunsborough and support rural-based tourist development in a manner that sustains the existing natural environment, landscape values and character of the area.

 

City of Busselton Rural Tourist Accommodation Policy Provisions

 

Whilst the existing development is consistent with the relevant requirements of the Rural Tourist Accommodation policy provisions in terms of development design (location, site area, density, etc) the Policy provisions are silent on the matter of length of stay.

 

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 community objectives of the City’s Strategic Community Plan 2013 –

 

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

3.1      A strong, innovative and diverse economy that attracts people to live, work, invest and visit.

 

 

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. 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 (EPA) 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 Planning and Development (Local Planning Schemes) Regulations 2015.

 

OFFICER COMMENT

 

The proposed Scheme Amendment has two components:

 

(1)       to rezone an area of the subject property currently identified as ‘Public Purpose (Drain) Reserve’ to ‘Agriculture’; and

 

(2)       to permit up to 15% of caravan sites to be utilised for unrestricted length of stay accommodation.

 

Each component is addressed below under separate headings.

 

Rezone the Public Purpose (Drain) Reserve

 

Whilst the majority of Lot 2761 and surrounding properties are zoned ‘Agriculture’, there is a narrow 9 metre-wide strip of Public Purpose (Drain) Reserve that runs the length of the southern boundary.  The original intent of this reserve is unknown and, given that it is located on private property, it is not available for that public purpose.  It is recommended that the draft Amendment be initiated for public consultation purposes, during which time relevant authorities will be invited to provide comment on the proposal.

 

Unrestricted Length of Stay

 

The proponent seeks an approval to allow for patrons to permanently reside at the caravan park and to continue providing a unique, low cost accommodation facility within the Dunsborough area. 

 

Tourism Planning guidelines acknowledge the need to support and retain caravan parks across the State to provide for affordable holiday accommodation.  In many instances caravan parks in primary tourist locations have over time been redeveloped into more up-market accommodation, reducing the availability of more affordable accommodation to the general public. 

 

There is currently no provision in the Scheme that covers the unrestricted length of stay in tourism sites outside of the ‘Residential’ and ‘Tourist’ zones and this is type of proposal is therefore covered on a case by case basis.  As the site is zoned ‘Agriculture’ and contains an established caravan park over a portion of the property, a maximum allowance of up to 15% of sites to be used for an unrestricted length of stay ensures that those sites remain secondary to the general short-stay tourist purpose whilst assisting the commercial viability of the park, particularly given the seasonal nature of the industry.

 

Tourism Planning guidelines generally require innovative planning of the residential components of a development to enhance the tourism use of the site and to ameliorate potential conflicts that may arise, such as noise, between tourist accommodation and permanent residents.  

 

The proponent feels that the requirement to consolidate permanent residents into one or more areas of the site is impractical as the standard process of accommodating permanent stay residents within the caravan park is apparently for the proposed tenant to select a site, rather than the site being the choice of the park operator.  The proponent has suggested that as a result there will be a spread of permanent residents/sites that are unlikely to comply with the intent of Planning Bulletins 49/2014 and 83/2013 in relation to separation.  Whilst it is acknowledged that it would be impractical to relocate existing residents, the effort should be made over time to ensure that any new residents are placed in an appropriate area of the caravan park that works towards consolidation of the unrestricted length of stay sites.  It is envisaged this would be examined further through a development application process following gazettal of the proposed Amendment, if it is endorsed.

 

Given the location of the site on the periphery of the Dunsborough urban area, it is well located for access to urban facilities and amenities whilst not being considered an area of high tourism value (it is not identified as a strategic or non-strategic tourism site in the Tourism Strategy).  As such, support is recommended for the proposal to allow a component of unrestricted length of stay opportunity (for up to a maximum 15% of developed sites) within the subject caravan park.

 

CONCLUSION

 

Officers are recommending that proposed Amendment No. 17 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 consider the following options –

 

1.            Resolve to decline the request to initiate the proposed amendment in its entirety and     provide a reason for such a decision.

 

2.            Resolve to initiate the proposed amendment subject to modification(s).

 

It should be noted that there is no right of appeal against a Council decision not to initiate an amendment.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve the forwarding of the amendment to the Environmental Protection Authority and this will occur within one month of the resolution.

 

 

 

 

 

 

OFFICER RECOMMENDATION

 

1.    That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopts draft Amendment 17 to the City of Busselton Local Planning Scheme No. 21 for community consultation for the purpose of:

 

(a)       zoning portion Lot 2761 Commonage Road, Quindalup from Public Purpose Reserve (Drain) to Agriculture;

 

(b)       amending Schedule 3 - Special Provision Areas of the Scheme Text to include the subject land within the Schedule as follows:

 

No.

Particulars of Land

Zone

Special Provisions

60

Lot 2761 (Vol 2214 & Folio 197) Commonage Road, Quindalup

Agriculture

1.     That Council may approve the use of up to, but not more than, 15% of caravan sites developed on-site with no restriction on length of stay. The remainder of the caravan sites shall be for short-stay use only and subject of length of stay restrictions to no more than 3 months in any 12 month period.

2.     The caravan sites provided for use on an unrestricted length of stay basis shall be proportionate to the total number of short-stay caravan sites developed at any given time.

3.     Upon Gazettal of Scheme Amendment No. 17, sites to be utilised on an ‘unrestricted length of stay’ basis are to be clearly identified by lodgement and approval of an application for planning approval.

 

(c)       amending the Scheme Map accordingly.

 

2.         In accordance with regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, it is the opinion of the Council that the draft Amendment is a ‘standard amendment’, for the following reason(s):

 

(a)       the draft Amendment is consistent with the objectives identified in the Scheme for that zone;

 

(b)       the draft Amendment will have no significant environmental, social, economic or governance impacts on land in the Scheme area not subject to the draft Amendment proposal.

 

3.         That, as the draft Amendment is consistent with Part V of the Planning and Development Act 2005, and Regulations made pursuant to that Act, that upon preparation of the necessary documentation the draft Amendment be referred to the Environmental Protection Authority (EPA). Upon receipt of a response from the EPA stating that the draft Amendment is not required to be subject to a formal environmental assessment, it be advertised for public consultation for a period of 42 days.

 


Council

15

11 November 2015

10.1

Attachment a

Location Plan

 

 

 Lot 2761 Lot 2761Dunsborough Lakes Holiday Resort & Caravan ParkCommonage RoadCaves Roadhttp://bsnspatial/intramaps70/ApplicationEngine/ImageProxy.ashx?imageUrl=http%3a%2f%2fBSNSPATIAL%2fIntraMaps70%2fSpatialEngineWS%2fPrintMap.ashx%3fwidth%3d950%26height%3d510%26scale%3d7500%26exportFormat%3dwmf%26id%3d7251586b-98bf-403f-96a7-836ed22fa837&SessionID=nsv2b545nqfnavyufketo055

COB-RGB

Disclaimer: Every effort has been made to make the information displayed here as accurate as possible. This process is ongoing and the information is therefore ever changing and can not be disseminated as accurate. Care must be taken not to use this information as correct or legally binding. To verify information contact the City of Busselton office.

LOT 2761 COMMONAGE ROAD, QUINDALUP

(Dunsborough Lakes Holiday Resort and Caravan Park

Produced on:
Wednesday, 7 October 2015

north

Map Scale:
1:7500

 


Council

15

11 November 2015

10.1

Attachment b

Scheme Amendment Map

 


Council                                                                                      17                                                          11 November 2015

10.2           LOCAL PLANNING SCHEME 21 AMENDMENT 5 - 700 CAVES ROAD, MARYBROOK - PROPOSED SPECIAL PROVISIONS TO PERMIT 'UNRESTRICTED LENGTH OF STAY' ON UNDEVELOPED STRATA LOTS - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL (REQUEST FOR COUNCIL RECONSIDERATION)

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services; Environmental Services

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Director, Planning and Development Services - Paul Needham

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Site Plan

Attachment c    Site Concept Plan

Attachment d   Schedule of Submissions

Attachment e    Reconsideration Request  

  

PRÉCIS

 

Following receipt of a request from the proponents (see Attachment E) and also following informal discussions involving City officers and Councillors, the Council is asked to reconsider its final recommendation to the Western Australian Planning Commission (WAPC) and Minister for Planning with respect to Amendment 5 to Local Planning Scheme 21. At its ordinary meeting of 14 October 2015, the Council resolved to recommend to the WAPC and Minister that the amendment be approved, but subject to substantial changes to the amendment that are of significant concern to both the proponents and to City officers.

 

Given the nature of the proposal, especially that there is no right of appeal to an independent third party (such as the State Administrative Tribunal), the fact that there appears to have been a lack of clarity around some aspects of the Council’s previous motion, as well as the nature of the issues, in particular that the changes made by the Council, whilst still involving approval of the amendment, would largely render the amendment redundant and result in the City not achieving its strategic objectives, as set out in our Local Tourism Planning Strategy, to facilitate development of new tourism accommodation, City officers think it appropriate that the Council have an opportunity to reconsider its earlier decision. It is recommended that the Council revoke the earlier decision, and replace it with a new decision that is consistent with both the proponents’ aspirations and the City’s identified strategic objectives, but is actually somewhat different, in detailed form, to the officer recommendation presented to the Council 14 October meeting.

 

Note that a new decision can only be made if the Council has first revoked its earlier decision, which requires a third of the Council to indicate their willingness to reconsider the matter, and would then require an absolute majority decision of the Council to revoke the earlier decision. If both of those things occurs, a new substantive decision can be made via a simple majority decision.

 

BACKGROUND

 

Extensive background information was set out in the report presented to Council’s 14 October 2005 meeting, and it is not seen as necessary to repeat all of that background in this report. The key background information is considered to be –

1.    700 Caves Road, Marybrook is zoned ‘Tourist’ in the City of Busselton Local Planning Scheme No. 21;

2.    The site contains the Wyndham Resort, twelve other strata lots owned by other parties, ten of which are undeveloped and are owned by the proponents, plus car parking, gardens, swimming pool/tennis courts and other facilities located on a common property lot, which are collectively owned by both the Wyndham and the owners of the other twelve lots;

3.    In the ‘Tourist’ zone, accommodation is ordinarily not allowed to be occupied permanently or for residential, or ‘unrestricted length of stay’ purposes, which means that no one person or group of persons can occupy any particular accommodation unit (room, villa, apartment or similar) for more than three months in any given twelve month period – this is a fairly long-standing and widespread approach, and was originally designed to ensure that ‘Tourist’ zoned land did not get developed for or occupied by residential development, with the aim that such an approach would encourage and support tourism development and the tourism industry, for the benefit of the broader community and economy;

4.    There have been a number of reviews of that approach both by the State Government and by the City over an extended period of time, and there are now two key documents (WAPC Planning Bulletin 83: Planning for Tourism and the City of Busselton Local Tourism Planning Strategy) that support some greater flexibility in some instances than has historically been the case, supporting a proportion of ‘unrestricted length of stay’ developments where ‘net tourism benefit’ or similar will be achieved, which would usually mean that investment in new/redeveloped/additional tourism accommodation will be facilitated, and that investment would most likely not otherwise occur;

5.    There has been a marked slowdown in the rate of investment in new tourism accommodation over the last five years or so, and little to indicate that will change over the next few years, creating a risk that, without some change to the planning framework or other factors that influence investment decisions, there will continue to be insufficient investment to ensure that new accommodation is developed at a rate and in a fashion to maintain the competitiveness of the City of Busselton as a tourism destination, and support for ‘unrestricted length of stay’ rights to facilitate new investment is seen as having significant potential to address that concern;

6.    The Council has supported a number of amendments to our town planning scheme to that end in recent years, including the initiation (i.e. the commencement of the amendment process) of the amendment subject of this report (Amendment 5), and final adoption of Amendment 2, which allows for ‘unrestricted length of stay’ development on Lots 1-42, Little Colin Street, Broadwater (managed and marketed as Forte Cape View Apartments), which will allow what were undeveloped lots to be ‘unrestricted length of stay’ (and will result in the overall proportion of such units across the whole site being equivalent to 25% of the total number of accommodation units); and

7.    Amendment 5, as initiated by the Council, would have allowed the ten undeveloped lots, owned by the proponents, to be developed for ‘unrestricted length of stay’ purposes, but the decision made by the Council on 14 October, if ultimately supported by the WAPC and Minister for Planning, would limit the ‘unrestricted length of stay’ component to only 25% of the units to be developed on the undeveloped lots, likely rendering the development unviable, and marking a major departure from the advertised proposal.

 

STATUTORY ENVIRONMENT

 

The Council’s role in relation to town planning scheme amendments involves decisions on whether to start the amendment process, referred to as a decision to ‘initiate’ an amendment, and, once consultation has occurred, a decision then has to be made by the Council about what recommendation to make to the WAPC and Minister for Planning regarding the amendment. Once an amendment has been initiated, the Council cannot refuse the amendment or similar, as the final decision rests with the Minister for Planning. Relatively recent reforms to the planning legislation mean that the Minister has enhanced powers to direct a local government to amend its town planning scheme, but those powers have not yet been exercised with respect to the City of Busselton.

 

In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996, a motion to revoke or change a previous decision requires the support of at least one third of the number of offices of members of the Council before that motion can be heard.  In the case of the City, a motion to change the decision made at the Council Meeting of 14 October 2015 would require at least the support of at least three Councillors before it could be heard. 

 

In addition to this, an absolute majority of the offices of members of the Council would need to be supportive of a motion changing the decision at the Council Meeting of 14 October before that decision could be made.  In the case of the City, this means at least five Councillors must vote in favour of that motion for it to be successful.

 

RELEVANT PLANS AND POLICIES

 

The key, relevant plans and policies are WAPC Planning Bulletin 83: Planning for Tourism and the City of Busselton Local Tourism Planning Strategy.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications of the recommendations of this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Objective 2.1 of the City’s Strategic Community Plan 2013 (Review 2015), which is ‘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. The assessment identified ‘downside’ risks only, rather than upside risks as well. The implementation of the Officer Recommendation will involve revoking the Council earlier decision and adopting the draft amendment for final approval and referring it to the Western Australian Planning Commission for final approval. In this regard there are no significant risks identified.

 

CONSULTATION

 

The amendment was subject of consultation as per the requirements of the planning legislation and the outcomes of the consultation process reported to the Council as part of the report considered on 14 October.

 

OFFICER COMMENT

 

The issues were outlined in some length in the report previously considered by the Council, and further explored through a number of briefing sessions, including the agenda briefing sessions associated with the 14 October Council meeting. As Councillors would be aware, officers were not supportive of the resolution made by the Council at that time, principally because officers do not consider that it is consistent with the Council’s adopted strategic position, and will not facilitate the important objective of facilitating and supporting investment in new tourism accommodation, investment which is vital for the sustainability and vibrancy of the tourism industry in the District and South-West as a whole. Officers are, however, comfortable with some departures from the details of what was previously recommended, including changes that would explicitly limit the scale of development proposed through the special provisions, limiting development to two units per lot, rather than leaving questions of density to subsequent planning processes. The proponents are understood to be comfortable with that approach, which also may ameliorate concerns of one of the submitters around potential impact on the use/management of the rest of the land.

 

CONCLUSION

 

It is recommended that the Council revoke its earlier decision and replace it with a new decision, consistent with the officer recommendation.

 

OPTIONS

 

The Council could choose not to revoke its earlier decision or make a new decision different to that recommended by officers.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The officer recommendation, if supported by the Council, will be implemented via the forwarding of the amendment and Council’s recommendation to the WAPC. That would occur within two weeks of the Council making a decision consistent with the officer recommendation.

 

 

The Mayor to seek support from 1/3rd of Council, by a show of hands to consider reversal of Council Resolution C1510/297 from the 14  October 2015 Ordinary Council Meeting.

 

OFFICER RECOMMENDATION 1

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council Revoke Council decision C1510/297, made at the Council’s ordinary meeting of 14 October 2015.

 

That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopts draft Amendment 5 to the City of Busselton Local Planning Scheme 21 for final approval for the purpose of:

                (a)          Inserting the following particulars into Schedule 3 – Special Provision Areas of the                 Scheme:

 

No.

Particulars of Land

Zone

Special Provisions

58

Lots 6-15, 700 Caves Road, Marybrook

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for up to 25% of the undeveloped lots, but will be located in the area occupied by Lots 6 – 15 as shown on the current Strata Plan 46392 (approved on 8 September 2005).

                (b)          Amending the Scheme Map accordingly.

 

2.            Endorses the Schedule of Submissions prepared in response to the public consultation    undertaken in relation to Amendment No. 5.

 

3.            Refers Amendment No. 5 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 Amendment is required prior to the approval of the Amendment by the          Minister, the modification is to be undertaken in accordance with the requirements of the               Planning and Development (Local Planning Schemes) Regulations 2015, unless the    modification       affects the intent of the Amendment, in which case it shall be referred to the       Council for consideration.

 

OFFICER RECOMMENDATION 2

 

That the Council –

 

1.         in pursuance of Part V of the Planning and Development Act 2005, adopts draft Amendment 5 to the City of Busselton Local Planning Scheme 21 for final approval for the purpose of:

 

(a)       Inserting the following particulars into Schedule 3 – Special Provision Areas of the Scheme:

 

No.

Particulars of Land

Zone

Special Provisions

58

Lots 6 – 15 (700) Caves Road, Marybrook

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for Lots 6 – 15 as shown on the current Strata Plan 46392 (approved on 8 September 2005), with up to two accommodation units, both of which may be unrestricted length of stay, being able to be developed on each lot.

 

(b)      Amending the Scheme Map accordingly.

 

3.         Endorses the Schedule of Submissions prepared in response to the public consultation undertaken in relation to Amendment No. 5.

 

4.         Refers Amendment No. 5 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.

 

5.         That, where notification is received from the Western Australian Planning Commission that a modification of the Amendment is required prior to the approval of the Amendment by the Minister, the modification is to be undertaken in accordance with the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015, unless the modification affects the intent of the Amendment, in which case it shall be referred to the Council for consideration.

 


Council

21

11 November 2015

10.2

Attachment a

Location Plan

 


Council

23

11 November 2015

10.2

Attachment b

Site Plan

 

 

http://bsnspatial/intramaps70/ApplicationEngine/ImageProxy.ashx?imageUrl=http%3a%2f%2fBSNSPATIAL%2fIntraMaps70%2fSpatialEngineWS%2fPrintMap.ashx%3fwidth%3d950%26height%3d510%26scale%3d1593%26exportFormat%3dwmf%26id%3d1d5fcf63-4f2d-4f01-81fb-2fd30aa327df&SessionID=qx5llqbizwabjyfum1epxi45

COB-RGB

Disclaimer: Every effort has been made to make the information displayed here as accurate as possible. This process is ongoing and the information is therefore ever changing and can not be disseminated as accurate. Care must be taken not to use this information as correct or legally binding. To verify information contact the City of Busselton office.

Attachment B

Site Plan

Produced on:
Wednesday, 19 November 2014

north

Map Scale:
1:1593

 


Council

23

11 November 2015

10.2

Attachment c

Site Concept Plan

 


Council

27

11 November 2015

10.2

Attachment d

Schedule of Submissions

 

 

No

ADDRESS

Nature of Submission

Comment

Recommendation

1.

Main Roads WA

 

No objection.

Noted.

That the submission be noted.

2.

Water Corporation

PO Box 100

Leederville  WA  6902

No objection.

Noted.

That the submission be noted.

3

DFES

PO Box 1288

Bunbury WA 6231

Development will need to be in accordance with Planning for Bush Fire Protection Guidelines 2010.

Noted.

That the submission be noted.

4.

Department of Health

PO Box 8172

PERTH  WA  6849

No objection.

Noted.

That the submission be noted.

5.

RPS

PO Box 749

Busselton WA 6280

Request that Amendment 5 be modified in line with the original rezoning submission to include Lots 4 and 5, 700 Caves Road (the Azure Beach Residences) into the unrestricted length of stay provision. The request is supported by the owners of Lots 4 – 5 and Lots 6 – 15.

There is also a deed of agreement between the owner of Lots 6 – 15 and Lot 4 that agrees to the terms of the amendment and for it to include Lots 4 and 5.

The Azure Beach Residences currently cater mainly for bigger groups and weddings due to the large floor size of each townhouse (4 bedroom, 2 bathroom) and close proximity to the on-site chapel. However the residences have a low occupancy rate (25%) compared with other units within the resort (80%), largely due to the nightly rack rate, size and limited market appeal.  As these lots are owned by individual persons, in contrast to the resort in general, such occupancy rates represent a poor investment return and the use and redevelopment potential of these two lots is limited by the high development investment on each site to date and the planning restrictions on the occupancy periods.

The inclusion of Lots 4 and 5 will not prejudice the ability of either the Wyndham Resort units or the Azure Beach Residences to be used for tourist accommodation as they will remain in the letting pool.

The Residences are separated from the other units within the Wyndham Resort by fencing, driveway access and parking but are contiguous with Lots 6 – 10. Lots 4 – 15 have a clear demarcation from the remainder of the resort and would serve to cluster the unrestricted length of stay units in one discrete area.

The WAPC Planning Bulletin 83/2013 Planning for Tourism sets out  the policy of the WAPC to guide decision making by the WAPC and local government for subdivision, development and scheme amendment proposals for tourism purposes. The key policy provision outlined in this bulletin relevant to the consideration of this submission is –

‘Conversion of an existing tourism development to facilitate a residential component should not be supported without demonstrating the development will provide a quality tourism benefit. Examples include a major refurbishment or increase in the number of tourism units, renovations and/or development of public spaces and new facilities such as pool or restaurant.’

 

The City’s Local Tourism Planning Strategy provides for consideration of an unrestricted stay allowance within strategic tourist sites where a net tourism benefit can be demonstrated, consistent with WAPC policy.

 

Officers are of the view that the submission does not demonstrate how the inclusion of these two units in the draft amendment will provide a quality tourism benefit such as an increase in the number, or significant upgrade of, tourism units and facilities. The proposal is not viewed as necessary to facilitate or stimulate tourism development on Lots 6 – 15.

If it had been the case that these particular units formed part of the scheme amendment, assessment against the local and State planning framework would have found it to be inconsistent.

For the reasons set out above, modification of the amendment to include Lots 4 and 5 would be contrary to the prevailing planning framework and therefore the submission should be dismissed.

That the submission be dismissed.

 

6.

Baylady Holdings

Lot 5, 700 Caves Road

Marybrook WA 6280

As per submission 5. The amendment is not supported unless modified to include Lot 5.

Refer to the comments provided in response to submission 5.

Refer to the recommendation provided in response to submission 5.

7.

B. Goodin

2 Sabina Street,

Mosman NSW 2088

(Lot 4, 700 Caves Road Marybrook WA 6280)

As per submissions 4 and 5.

Refer to the comments provided in response to submission 5.

It should be noted that since the advertising period closed Lot 4, 700 Caves Road Marybrook has been sold and no longer owned by the submittor.

Refer to the recommendation provided in response to submission 5.

8.

Wyndham Vacation Resorts (Asia Pacific)

Level 1, 1 Corporate Court,

Bundall

Queensland

Objection.

Wyndham owns 82 of the accommodation units within the resort which are available to its club members on a timeshare basis. Wyndham, through its wholly owned subsidiary company Resort Management by Wyndham (RMBW) is the manager of Wyndham Resort & Spa Dunsborough and is responsible for various management and maintenance tasks for the strata company. RMBW is also the sole booking agent for all units at Wyndham Dunsborough, including Lots 4 - 15.

Wyndham objects to the amendment on the following grounds -

1. Impact on resort facilities and management/maintenance arrangements -

A previous concept plan for Lots 6-15 indicated the development of 10 units. The amendment proposal includes three development scenarios 21, 35 or 30 additional units. It is difficult for Wyndham to determine the level of impact on the management and maintenance of the resort without clarity on the final number of units that may be developed on the vacant strata lots, particularly given that a large percentage, if not all the units that could be developed on Lots 6 – 15 could fall within the 25% unrestricted length of stay threshold.

2. Limited car parking –

Wyndham reject the assertion that the proposal will have no effect on the car parking allocations for the existing units. Without clarity on the number of additional units that will be developed on Lots 6 – 15, and confirmation of the number of permanent tenants requiring permanent car parking, it is difficult to judge the impact on the proposed change. Based on Wyndham’s experience in managing the resort, a shortfall of car parking bays and resulting disputes between the on-site businesses, holiday rental guests and permanent tenants is foreseen.

3. Uncertainty around the new Strata Company structure –

It is unknown how the development of Lots 6 – 15 will impact upon the existing strata company. Concerns include but are not limited to: provision of further common areas; division of 10 lots into many more separate strata titled units; creation of a layered strata scheme and allocation/redistribution of existing unit entitlements.

4. Disputes between permanent tenants and short term guests –

Potential disputes are foreseen between permanent tenants living in close proximity to the restaurant, common areas and other areas where business functions such as weddings, conferences, parties and other corporate/private functions are arranged during various times of the week/year. Our experience in managing resorts with a mix of permanent and holiday rentals, complaints about noise levels and disruption are common from tenants living permanently in a tourist complex. It could also result in disputes over resort amenities such as the pool, BBQ facilities and kids playground, particularly during peak holiday times. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The amendment relates to the percentage of the overall number of tourist accommodation units (to be developed) that could be occupied on an unrestricted basis within Lots 6 – 15. It does not constitute development approval for tourist units to be developed on the lots, therefore it is considered that the grounds for objection are not substantive.

Approval for development on Lots 6 – 15 is subject to a separate planning process to this amendment. Planning Approval is required (which would assess the scale of development proposed, effect on adjoining properties and compliance with statutory and policy requirements, such as car parking provision), new strata title approval and strata scheme (with a management statement and possibly new by-laws setting out, amongst other things, management and maintenance arrangements – all of which would require consideration by, and the agreement of, the current Strata Company).

 

There are four individual owners that comprise the Strata Company for Lot 700 Caves Road, including Wyndham Vacation Resorts (Asia Pacific). Before development could occur on Lots 6 - 15, the Strata Company would need to be a signatory to the Development Application (and for that to occur the Strata Company would need to vote unanimously in favour of the development proposal). Similarly, the concept for 30 units would require a new strata subdivision approval and again, that would require the unanimous consent of the Strata Company.

 

 

That the submission be dismissed.

 


Council

31

11 November 2015

10.2

Attachment e

Reconsideration Request

 


 


 

 


Council                                                                                      35                                                          11 November 2015

11.             Engineering and Works Services Report

Nil

12.             Community and Commercial Services Report

12.1           PROPOSED IMPROVEMENTS TO TOURIST DIRECTIONAL SIGNAGE ON MAIN ROADS AND ROADSIDE VISITOR INFORMATION

SUBJECT INDEX:

Tourism Development

STRATEGIC OBJECTIVE:

A strong, innovative and diversified economy that attracts people to live, work, invest and visit.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Economic and Business Development

REPORTING OFFICER:

Economic and Business Development Coordinator - Jon Berry

Economic Development Officer - Peter Hill

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Types of Tourist Directional Signage

Attachment b    Location of Roadside Visitor Information Bays

Attachment c    Illustrations of Proposed Improvements to Tourist Directional Signage on Main Roads and Roadside Visitor Information

Attachment d   Letter of Support from the Margaret River Busselton Tourism Association Inc  

  

PRÉCIS

 

This report outlines the process and consultation that has occurred for proposed improvements to tourist directional signage on main roads and upgrading of existing roadside visitor information across the City of Busselton and Shire of Augusta Margaret River local government areas, also known collectively as ‘Your Margaret River Region’.

 

The scope of this report is limited to recommendations on improvements to advanced directional and intersectional signage on public land on the two major tourist routes being Bussell Highway and Caves Road, and associated directional signage on minor ‘tourist’ roads that intersect with a main road.  The scope of the report also includes proposed visitor information bay upgrades and regional tourism entry signage.

 

The report recommends that Council endorses ‘in-principle’, proposed improvements to tourist directional signage and roadside visitor information, subject to a similar endorsement by the Shire of Augusta Margaret River (SAMR).

 

The report also recommends that through the auspices of the Capes Region Organisation of Councils (CapeROC), that both local governments develop a detailed project definition plan, cost plan and co-ordinate a regional approach to securing external funding to enable delivery of upgraded tourist directional signage and roadside visitor information, as per Council resolution C1509/261.

 

BACKGROUND

Directional signage is an important form of communication used to reassure motorists they have arrived, or are close to, their intended destination; and from a tourism perspective, can be used to encourage dispersal of visitors off main arterial roads into local areas where there is a rich diversity of visitor attractions and experiences.  Well designed and clear signage can also facilitate improved road safety and driver behaviour on busy tourism routes.  There are four major categories of directional road signs used by visitors to find tourist attractions and facilities that are generally used as a standard in Australia.  Examples of these are in Attachment A and include:

Town/City Direction signs (white on green):  These signs provide directions to towns and cities and particular locations, and most include reference to a route numbering system or road name. They are the primary means of directional signing for visitors and are generally used in conjunction with maps. They reassure motorists that they are travelling in the desired direction, and facilitate traffic movement in the safest and most direct way.

Tourist attraction signs (white on brown):  Tourist attraction signs use white lettering on a brown background. They indicate features and tourist attractions of significant recreation and cultural interest, and may make use of tourist attraction symbols.  Tourist attraction signs include:

­  commercial/non-commercial tourist operations

­  national parks

­  natural features

­  conservation parks

­  wineries catering for tourists

­  historic sites/buildings/towns

­  scenic lookouts

­  tourist drives and trails

 

Tourist attraction signs indicate commercial and non-commercial tourist establishments and features of tourist interest that meet Main Roads WA (MRWA) eligibility criteria. In order to qualify for tourist signing, the core business must be tourism-based, with a strong commitment to servicing visitors.

 

Services signs (white on blue):  Service signs, with white lettering on a blue background, direct motorists to facilities and services and uses Australian Standards symbols for:

­  accommodation facilities

­  caravan and camping parks/areas

­  visitor information centres

­  tourist information bays

­  visitor radio services

­  service stations

­  public toilets

­  rest areas

­  parking areas.

 

Community facilities signs (white on blue):  Community facility signing also has white lettering on a blue background and generally denotes facilities most commonly used by the community.  Those facilities may be used by visitors and, in some cases, attract visitors in their own right. These include:

­  arts centres

­  churches

­  recreation centres

­  golf courses

­  swimming pools

­  airports/aerodromes

­  hospitals

 

There are several regions in Australia that have embraced an industry, Local Government and Main Roads authority collaborative approaches to improving tourist directional signage, including:

- Mc Laren Vale & Clare Valley Wine Regions in South Australia

- Swan Valley in Western Australia

- The Grampians in Victoria

 

Case studies outlining the approach used by these tourism regions is summarized in a guide published by the National Tourism Signing Reference Group (NTSRG), which brings together state and territory tourism organisations and their road authorities to discuss and make policy about tourist road signing and related matters.

 

The scope of this report is limited to a review of Tourist Attraction signs (white on brown) and Services and Community Facilities signs (white on blue), which provide advanced directions to motorists travelling on the two major tourist routes (Bussell Highway and Caves Road) and approaching a key minor road that is rich in visitor experiences.  It also makes recommendations on visitor information bays and tourist region entry signage proposed to be installed by the MRBTA at entry points to the region, likely to include Vasse and Bussell Highways in the City of Busselton and Brockman Highway and Mowen Road in the Shire of Augusta Margaret River.

The Region’s physical roadside tourist directional scheme has been in place in its current form since 2001 and has two major elements, which are discussed separately below.

1.   Tourist Attraction and Services Signage

Signage guidelines and specifications for Tourist Attraction and Services Signage are developed by MRWA (in consultation with Tourism WA) and aim to meet the following objectives:

·    to encourage the provision of an efficient information system, designed as a ‘family’ of co-ordinated and complementary signs throughout the State, which meet the requirements of tourism operators and the travelling public;

·    to encourage a uniform and consistent approach to the design, construction and erection of signs throughout the State, with a view to eventually eliminating the proliferation of different types of signs, which are becoming increasingly confusing and ineffective to motorists travelling from one area to another;

·    to limit the proliferation of road signs to preserve the prime aesthetic values of the landscape and environment;

·    to guide the removal of unauthorised or unnecessary signs which:

­  cannot be read effectively

­  threaten road user safety

­  interfere with the message of legitimate signs

­  clutter the landscape

­  reduce the aesthetic and natural beauty of the State

·    to ensure that, from a road safety point of view, signs incorporate ‘glance appreciation’ qualities incorporating uniform, elementary shapes and colours, with simple and concise messages using internationally recognised symbols wherever  possible.  (‘Glance appreciation’ means being able to readily interpret the information on a sign with only a momentary ‘glance’ by the driver at the prevailing road speed);

·    to ensure that the fundamental purpose of signposting tourist attractions and service facilities is always maintained. The main purpose of these signs is to confirm the location of, and not advertise, tourist attractions and services;

·    to promote the use of MRWA standards for signs in preference to individual variations and interpretations which are sometimes developed by Local Government Authorities;

·    to rationalise and simplify signage standards, to ensure that all businesses operate under the same controls or restrictions concerning tourist attraction and service facility signs;

·    to ensure that signs are uniformly used as a means of confirmation for the motorist of tourist attractions and service facilities in a given area;

·    to ensure that existing signs are properly maintained and continue to project a positive image of the area;

·    to ensure that the value of tourist attraction and service signs are not diminished by ensuring that only those attractions and services that meet essential criteria are signed.

‘Brown and White’ (Tourist Attraction) signs and ‘Blue and White’ (Services and Community Facilities) signs include the following types, which are illustrated at Attachment A.

1.    Advance Directional Signs:  These signs provide motorists with advance information on upcoming tourist attractions or service facilities.  They are used on high speed roads or where advance warning is necessary for road safety reasons.

2.    Intersection Directional Signs:  These signs are placed at key tourist road intersections to indicate the actual turn off to tourist attractions or service facilities.

3.    Fingerboard Signs:  These signs are placed at minor tourist road intersections to indicate the turn off to tourist attractions or service facilities.

4.    Position Signs:  These signs are placed at the actual location of the tourist attraction or service facility.  These are generally only used when the facility or attraction is not obvious from the roadside.

5.    Route Marker Signs:  These signs are mainly used for State Tourist Drives and Themed Tourist Routes. The signs are generally placed before and after a major intersection and reinforced by route numbering shields at intervals to reassure motorists that they are still travelling along the designated route.

6.    Visitor Information Points (or mini information bays):  These signs are located on minor roads near the intersections of main roads and include stacked blade signs of individual tourist attractions and services with the name of the locality and the name of the tourist region.

Australian Standard symbols exist for the above signs.  In order to qualify for tourist ‘attraction’ or ‘service’ signage, it is a primary requirement that the core business is based on tourism and has a strong commitment to service visitors.  MRWA standards comply with both national and international standards.  Accordingly, the signs and associated symbols and colours have the advantage of national and international recognition, which benefits local operators and visitors alike and transcends language barriers.

The current scheme used across both the City of Busselton and SAMR local governments is consistent with MRWA guidelines for signposting.  However, in recognition of the high concentration and growing diversity of tourist attractions and visitor services throughout the Region, particularly off the main roads, both local governments have expressed the need to review the current system with a view to simplifying and enhancing directional signage and visitor information at the roadside.  An investigation into integration of contemporary digital technologies was also viewed as meritorious, given the increasing reliance on navigation aids being used on mobile devices.

In 2013, staff from the City of Busselton and the SAMR collaborated to review existing tourist attraction and services signage and consulted with industry and government agencies on future strategies that would be mutually acceptable and likely to be deliverable within the standards used by MRWA.

A ‘guiding statement’ in the form of a brochure was prepared by City of Busselton staff and distributed to the tourism industry by the two (former) Local Tourism Organisations (Geographe Bay Tourism Association Inc and Augusta Margaret River Tourism Association Inc), with several scenarios identified for consideration and comment.  These were:

·    Continue with current tourism signage (status quo), or;

·    Enhanced tourist directional signage based on establishing local tourist drives, or;

·    Enhanced tourist directional signage (including information bays incorporating technology)

Although limited feedback was received from the consultation, there was general support for developing enhanced quality signage and using technology where appropriate.  Issues raised included concern about the proliferation of tourist attraction and service signs (stacked on each other with poor appearance) and concern by businesses about the inability to increase the number of individual directional finger blades at major intersections (where there is a diversity of product off the main road), giving advantage to five businesses that have met the threshold of five blade signs.  Further feedback from the consultation process is outlined in the section below titled ‘Consultation’.

2. Roadside Visitor Information

2.1 Information Bays (Cat 1 and Cat 1A)

The existing roadside visitor information bays on main roads were constructed in 2002 by an agreement arrangement between Main Roads WA and the two local governments.  Visitor information and regional maps are provided in a hierarchy of information bays and signs located within the City of Busselton and SAMR local government areas.  These information bays are classified as follows:

- Category 1 (Cat 1):        These are large information bays, which have a regional focus and large parking laybys.  There are six Cat1 structures in the region (two in the City of Busselton and four in the SAMR).

- Category 1a (Cat1a):     These are smaller bays than Cat1 and have greater local information and maps. There are five Cat 1A structures in the Region (four in the City of Busselton and one in the SAMR)

The locations of Cat 1 and Cat 1A roadside visitor information bays are shown in Attachment B and examples are in Attachment C (Ref 5 and 7).

A user pays philosophy was intended to maintain these bays by way of inclusion of an annual fee incurred on attractions and services sign blades of businesses however it appears ownership and maintenance was not well defined and responsibilities allocated.  This has resulted in deterioration as shown in Attachment C (Ref. 5 and 7).

2.2          Local Information Points (or Category 2 mini bays’)

Roadside local information points (sometimes referred to as ‘Cat 2 mini information bays’) are currently constructed on minor roads near intersections of main highways, with a stack of signs showing individual attractions and services that may be found ahead.  These were constructed in 2002 by the local governments, with maintenance also the responsibility of the local governments funded by income from operators with a blade in the system.  An example is shown at Attachment C (Ref. 12), which is co-branded with the locality name (e.g. ‘Yallingup’) and the Region name (e.g Margaret River Wine Region).  At these points, the motorist can safely pull off the road and take time to read the sign stack, without disrupting the flow of traffic. These sign stacks vary in their condition with some having poor appearance and varying pull in surfaces.

There is currently no promotion of digital services from either roadside visitor information bays or points.

Examples of visitor information bays (Cat 1 and Cat 1A), and information points near key minor road intersections is shown in Attachment C (Ref 5, 7 and 12).

During the signage review and consultation process in 2013, the two former local tourism associations (Geographe Bay Tourism Association Inc and Augusta Margaret River Tourism Association Inc) had also commenced investigations into amalgamation and collaborated with other stakeholder organisations to develop a destination brand visual identity system through the auspices of an interim working group called the ‘Regional Marketing Group’.  On 22 October 2014, Council formally considered its position to support (or otherwise) a new brand identity system and resolved (C1410/268) to:

1.    Acknowledge independent tourism destination market research undertaken by TNS, for Tourism Western Australia;

 

2.    Support further development of 'The Margaret River Region' as the future umbrella brand identity for tourism destination marketing purposes, on the basis that associated 'location­ based' sub-brand identities within the City of Busselton district ('Busselton', 'Dunsborough' and 'Yallingup') accompany the umbrella brand identity, as key destination points; and,

 

3.    Continue to market and promote the City (Busselton, Dunsborough and Yallingup) through the Marketing and Events Reference Group and other appropriate means as the destination of choice within 'The Margaret River Region'.

Following the Council resolution of 22 October 2014, a new brand visual identity system using the phrase ‘Your Margaret River Region’ was further developed by the Margaret River Busselton Tourism Association Inc (MRBTA) and is now being utilised on all of its tourist promotional livery.  The original proposal to develop 'location­ based' sub-brand identities within the City of Busselton district ('Busselton', 'Dunsborough' and 'Yallingup') to accompany the umbrella brand identity was not pursued by the MRBTA in favour of a single generic destination marketing brand.

This exclusion has recently prompted revised consideration on the merits of using the new brand identity on Tourist ‘Attraction’ Advanced Directional (brown and white) signage on main roads as there is anecdotal evidence that its explicit use locally may cause confusion to motorists when displayed on main roads, primarily because the tourist region name is the same as the town name ‘Margaret River’.

On 21 August 2015, CapeROC discussed this project further and on 23 September 2015, Council resolved (C1509/261) to note the outcome of the CapeROC meeting as follows:

Subject to the advanced warning and intersectional directional signage concepts (using the new ‘Your Margaret River Region’ visual identity system) being endorsed by the City of Busselton Council, the Shire of Augusta Margaret River Council and Main Roads WA that CapeROC;

 

1.    notionally allocates $20k from the 2015/16 CapeROC budget to finalise a detailed project definition plan, cost plan and funding strategy to achieve capital finance to renovate existing visitor information bays and to replace all advanced warning and intersectional directional signage on main roads within the Margaret River Region.

 

2.    supports officers from both local governments collaborating on the preparation of:

 

a.    funding submissions to Tourism WA, South West Development Commission, Department of Regional Development and Main Roads WA, for the improvements outlined in the project definition plan and the cost plan endorsed by both Councils and;

b.    an integrated review of all written policies relating to tourism directional signage with the aim of coordinating and consolidating existing policies and associated guidelines

 

3.    requests the MRBTA Inc to formally agree to taking responsibility for developing and maintaining the visual and informational content of visitor information bays

This report follows the CapeROC recommendation that individual Councils endorse the improvements to directional signage and information bays prior to further more detailed work being undertaken.

STATUTORY ENVIRONMENT

 

Legislation applicable to this project includes:

 

Main Roads Act 1930

This legislation controls the construction, maintenance, supervision of highways, main, secondary and other roads and control of access to roads and for other relative purposes such as to operate traffic signs and traffic control signals and similar devices.

 

Road Traffic Code 2000

Regulation 297 vests power with the Commissioner for Main Roads to erect traffic control signals and road signs

 

Other relevant legislation that may be referred in particular circumstances may include the Planning and Development Act 2005; City of Busselton Local Planning Scheme No 21; and the City of Busselton Property Local Law 2010.

 

RELEVANT PLANS AND POLICIES

 

City of Busselton policies are also applicable to this project and include:

·    City of Busselton - Engineering and Works Services -Standards and Specifications (2011)

·    Signs on community land- Tourist and directional information scheme (undated)

 

These standards and specifications are used by the City of Busselton for all civil works designed and carried out by Consultants, Contractors, Developers and City Staff.  The standards and specifications are used for processing requests and applications for signs on community land, and are maintained by the Director, Engineering and Works Services.  The standards will require modification should the improvements contained in this report ultimately be adopted by both local governments.

 

Additionally, there are several unifying policies that are used as overarching documents to integrate the individual policies and guidelines of the City of Busselton and the SAMR.  These will also require review and updating should both local governments ultimately resolve to adopt a new approach to tourist directional signage and roadside information.  They include

­  Caves Road Visual Management Policy (Local Planning Policy 2010)

­  Cape to Cape Region Integrated Directional Information System (2001)

­  Joint Policy for Tourism Directional Signs, applied by the Busselton and Augusta Margaret River Shire Councils (2001)

FINANCIAL IMPLICATIONS

 

Subject to both local governments endorsing the proposed improvements contained within this report, CapeROC has notionally allocated $20k ($10k from each local government from their existing 2015/16 budgets) as seed funding to finalise a detailed project definition plan, cost plan and external funding strategy.  The funding strategy will research and advocate capital finance from MRWA; and tourism and regional development organisations, to assist renovate existing roadside visitor information (bays and points), and install new Advance Directional and Intersection Directional signage on selected main roads.

 

Long-term Financial Plan Implications

 

Funding for this project is not identified in the Long Term Financial Plan.  Final costings will be determined in the project definition and cost plans identified in the Officer recommendation and potential financial contributions from other sources such as MRWA, South West Development Commission, Tourism WA, MRBTA and revenue from individual operators with blade signs within Cat 1 and Cat 2 information bays.  Once this data is collected, the implications for the Long-term Financial Plan can be considered, including the potential requirement for the local governments to make a contribution.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Key Goal Area 3:

Robust local economy:  A strong local economy that sustains and attracts existing and new business, industry and employment opportunities.

3.1 - A strong, innovative and diversified economy that attracts people to live, work, invest and visit.

3.2 - A City recognised for its high quality events and year round tourist offerings.

3.4 - A community where local business is supported.

 

Key Goal Area 4

Connected Community:  A well connected City that provides for safe, accessible and efficient transport and communication systems to and within the district

4.1   Transport options that provide greater links within our district and increase capacity for community participation.

4.2   A community that is well connected to its neighbours and the broader world.

4.3   A linked network of cycleways and pedestrian paths providing alternative transport options.

 

RISK ASSESSMENT

 

The following risks have been identified as either medium or high;

 

Risk

Controls

Consequence

Likelihood

Residual Risk Level

Financial

Lack of funding for implementation

Support and advocacy of Council and stakeholders to funding bodies

Major

Possible

H18

Reputational

Non – acceptance by the tourism industry and residents.

Develop a communications plan for residents on the purpose of the signs and with industry, lead by the MRBTA.  Promote positive benefits of new multi-media apps to supplement signage

Moderate

Possible

M13

Operational

Licensing for copyrighted logos and trademarks (e.g. Bluetooth™ logo).

Change logo and use a radio beacon if not approved.

Work with MRWA to update WA roads logos.

Minor

Possible

M8

 

 

 

Operational

iBeacon technology does not meet expectations.

Delay installation while technology is further developed and proven.

Minor

Possible

M8

 

CONSULTATION

 

Instigated by the City of Busselton and supported by the SAMR, a workshop was held on 4 July 2013 to discuss current and future tourism directional signage needs, opportunities and challenges.  The workshop was attended by staff from both local governments, MRWA, Tourism WA, Local Tourism Associations, tourist businesses and Chambers of Commerce.  The strengths and weaknesses of a number of scenarios were discussed prior to the release of a ‘guiding statement’ (in the form of a brochure) that was developed to seek further input from individual businesses affected by any future changes.

 

The brochure was distributed to tourism businesses by the two (former) Local Tourism Organisations in late 2013, seeking feedback on several alternative scenarios.  Additionally, the Margaret River Wine Industry Association, SAMR, Tourism WA and MRWA were provided with separate presentations and were sent the brochure for comment.  The three scenarios presented in the brochure are described below:

 

Scenario 1:  Continue with Current Tourism Signage (status quo)

The current approach is to provide generic and symbolic signs at key intersections with main roads, to advise visitors about the nature of attractions and services along key minor roads, without signposting every attraction (noting there is a limit of five blades notating attractions off the main road). Signage along Caves Road and Bussell Highway exemplifies this approach.  Additionally, local information points (or ‘mini’ information bays) are constructed on minor roads near the intersections, with a stack of signs showing individual attractions and services that are in the local area. At the local information points, motorists can pull off the road and take time to read the sign stack, without disrupting the flow of traffic.  The main strengths and weaknesses of the current approach suggested by stakeholders during consultation were:

Main Strengths

·      Individual businesses are promoted via this signage, either on the main road or side road.

·      The signage specifies distance to the attraction or service.

·      Complies with national standards.

Other strengths mentioned in Concept One, but not weighted highly included:

·      Safe pull off bay on minor roads.

·      Suggests density of area with attractions etc.

Main weaknesses

·      Signage is cluttered and because of this difficult to read at high speed.

·      Directions provided to a maximum of five businesses.

·      There are safety issues with this signage and people slowing down to read it.

·      Sign blades are too small.

·      The signage was thought to lack motivation/ inspiration.

·      No tourist routes highlighted.

·      Tourism operators are unhappy at adding their own signs.

·      Generic symbols not enough.

Other weaknesses mentioned in Concept One, but not weighted highly included:

·      No tourist routes highlighted.

·      Tourism operators unhappy at adding own signs.

·      Generic symbols not enough.

Scenario 2: Tourism Directional Signage Based on Establishing New Local Tourist Drives

This scenario was aimed at encouraging visitors to explore attractions on key minor roads, via the establishment of local tourist drives designated by graphic symbols and signposting.  Tourist drives that are well developed, marketed and supported could help inform visitors about the attractions and services available throughout the Region.  The City of Busselton’s Engineering Department (who are responsible for administering signs across the district) drafted a series of road traffic sign concepts, using a unified regional brand for local tourist drives for consideration and comment by stakeholders.  The main strengths and weaknesses of this approach suggested by stakeholders were:

Main Strengths

·      By highlighting the number of attractions it acts to push tourists into the suggested drives

·      Good for planning – tourist drives, number of attractions etc

·      Easy to read

·      Safer than existing signage

·      Sign hierarchy is good

·      Consistent with national and state road signage standards.

Other strengths mentioned in Concept two, but not weighted highly included:

·      Looks professional

Main weaknesses

·      Would need considerable funding and road improvement

·      Ongoing management and associated costs

·      Developing and naming routes could be contentious amongst businesses

·      Many symbols would be required and how do you fit all on the signs

Other weaknesses mentioned in Concept two, but not weighted highly included:

·    Need map of route on sign

·    Signage could be too large, making it impractical in some locations

·    Very expensive to install and maintain.

 

Scenario 3: Tourism Directional Signage (and information bays incorporating technology)

This scenario built upon the tourist drive concept by adding technological elements to visitor information bays (i.e. QR Codes, Satnav, Bluetooth, iBeacons).  There was general support for this concept, however acknowledgement that it may be more costly to deliver.

Feedback on the three scenarios was generally positive, with a view that improvements are necessary and desirable and that a unified approach across the two local governments is imperative.

 

The above scenarios were also presented to elected members of the City of Busselton, the SAMR and jointly at CapeROC meetings.  A variation of Scenario Three (excluding tourist drives per se) emerged as the preferred option following the consultation described above.

 

A presentation was also provided to the Margaret River Wine Industry Association (MRWIA), which has also commenced investigations into entry statements at the ‘Gladstones Line’ (wine appellation regional boundaries) and potentially integrating wine industry information into the proposed information bay upgrades referred to in this report.

Attachment D is a letter from the MRBTA, supporting the proposal to upgrade visitor information bays and improve tourist directional signage on main roads.

OFFICER COMMENT

 

Based on the feedback received on the consultation process described above, the City of Busselton’s Engineering Department drafted a set of refined concepts for tourism directional signage and roadside visitor information bays.  A description of proposed improvements to signage using these concepts (in the context of the broader directional signage landscape), is provided below and is supported by visual illustrations at Attachment C, which shows an example of a series of directional signs located on Caves Road on the approach to Dunsborough, highlighting there is a rich tourism experience on Commonage Road.

Tourist Attraction and Services Signage

The recommended improvements to these signs aims to contiguously provide overall nett benefit to motorists, tourism businesses and visual amenity (which are often competing interests) and aim to:

 

·    Reduce overall clutter – focusing on quality rather than quantity;

·    Develop a unique and distinctive signage style for the Region, whilst maintaining principles embodied in Australian standards (e.g. fonts, colours, shapes, dimensions etc)

·    Differentiate between directional signage and motivational signage and develop complementary policies and designs for both local governments;

·    Promote the availability of digitally-assisted technologies at information bays and points;

·    Improve aesthetics and presentation of signage uniformly across the Region; and,

·    Retain individual directional blades for tourism businesses and attractions on local roads, as per policies of both local governments.

 

Overall, the improvements recommended by Officers are three-fold.

 

Firstly, it is recommended Advanced Directional signage for ‘Attractions’ (brown and white) be enhanced on main roads at two locations as follows:

 

1) three road turn-offs before an intersection (where practicable); and,

2) ~400m before an intersection (where practicable)

Conceptual illustrations of these proposed enhancements are provided as Ref. 4 and 8 in Attachment C.  In some cases, these new Advanced Direction ‘Attractions’ (white on brown) signs will not replace Advanced direction ‘Services’ (white on blue) signs or Advanced Direction ‘Town’ signs (white on green), rather they will supplement what is already in place, dependent on practical considerations at each specific location.

 

Officers recommend the brand graphic used in the recently launched visual identity system of the MRBTA be included onto proposed new Advanced Warning Directional Signage, symbolizing a unified tourism Region.  References 4 and 8 in Attachment C illustrate this recommendation.

 

At the actual intersection of a main road and a key tourism route on a minor road, the Officer recommendation is to rationalize signage, such that individual blades are removed and replaced with a simple intersection sign.  Illustrations of these improvements are denoted as Ref. 9 or 10 and/or 11 in Attachment C.  Officers propose these signs include MRBTA’s new regional tourism brand graphic, along with an expanded set of tourist attraction symbols that are currently successfully used in Victoria by VicRoads and are being reviewed by MRWA for use in Western Australia.

Some examples in the City of Busselton district where new Advanced Directional ‘Attractions’ signage (brown and white) would likely be improved, and Intersectional signage rationalized, include (but are not limited to):

 

·    Bussell Highway/Caves Road  and Wildwood Road intersections

·    Bussell Highway/Caves Road and Metricup Road intersections

·    Bussell Highway and Yelverton Road intersection

·    Caves Road and Commonage Road intersection

Should the Officer recommendation be endorsed by Council, a full list of locations across the wider Region (including the SAMR) will be prepared as part of a proposed ‘project definition plan’ and associated costing plan to be compiled with financial and staff resources to be coordinated through CapeROC.

 

Individual blade signs relocated from affected main road intersections are proposed to be reaffixed at upgraded information points (or ‘mini’ information bays) on the minor road near the intersection with the main road.  The information points may also incorporate digital technologies, supported by the recently released regional tourism software app and would be co-branded with City of Busselton logo and the MRBTA brand livery.

 

This approach is essentially a variation of concept three (promoting tourism drives), that emerged from the consultation process, by adopting a “freeway style” (enhanced advanced notice) sign system on Bussell Highway and Caves Road.  It aims to promote a more consistent and contemporary approach to the design, construction and erection of signs throughout the Region, with a view to eventually eliminating the proliferation of different types of signs at or approaching main road intersections, which is becoming increasingly confusing and ineffective to motorists travelling from one area to another.  It also preserves the prime aesthetic values of the landscape and environment.

 

From a road safety point of view, the proposed signs incorporate ‘glance appreciation’ qualities incorporating uniform, elementary shapes and colours, with simple and concise messages using a more contemporary set of symbols recently developed by VicRoads.  The use of these symbols ultimately requires MRWA approval, however this is likely to be achieved based on consultation conducted in the preparation of this report.

 

Secondly, it is proposed that a new regional tourism entry sign be installed by the MRBTA using the full visual brand identity system ‘Your Margaret River Region’.  It is proposed these new signs be located in the Sabina River precinct on Bussell Highway (see Attachment C Ref: 2); Vasse Highway near Sues Road and locations in the SAMR likely to be Brockman Highway and Mowen Road and to be confirmed by the SAMR, MRBTA and MRWA.

 

Thirdly, it is proposed Cat 1 and Cat 1A visitor information bays and information points be upgraded and co-branded with the MRBTA visual identity system and local government logos.  These proposed upgrades are discussed further below and will be expanded upon in the proposed project definition plan, cost plan and proposed MOU.  Whole of life asset management principles will be integrated into these documents.

 

Roadside Visitor Information

The Region’s roadside information bays have been poorly maintained and are in need of replacement and/or upgrading (or removal) with new content and regional branding proposed using the new ‘Your Margaret River Region’ visual identity system developed by the MRBTA, whilst retaining locality naming and branding across the Region, in accordance with previous Council resolutions.

“iBeacons” are proposed to deliver the MRBTA’s software app to visitor’s smart phones wirelessly, identified with the Bluetooth logo at Cat1 and Cat1a information bays and at local information points on minor roads.  The smart phone app includes accommodation, wineries, eateries and attractions of the Region, the events calendar, localised weather and emergency information.

 

“iBeacon” uses Bluetooth low energy proximity sensing to transmit  information to a compatible device which can be used to determine the device's physical location and  trigger location-based information (from a few metres down to a few centimeters) on the device via ‘push’ notifications.

 

Illustrations of proposed changes to Roadside regional and local information bays (Cat 1 and Cat1a) are shown in Attachment C (Ref. 5 and 7).

 

Illustrations of proposed changes to local information points (‘mini’ information bays) located on minor roads (near main road intersections) are also shown in Attachment C (Ref. 12).

 

In addition to the above improvements, regional tourism entry signage proposed to be located on Bussell Highway in the Sabina River bridge precinct (for the City of Busselton LGA), is recommended for development and management by the MRBTA (an early concept is shown in Attachment C (Ref 2).

 

Collaborating with the MRBTA to improve roadside visitor information will help ensure the contents of Cat1 and Cat1a information bays are properly maintained, projecting a positive, contemporary image of the Region, by delivering unified tourism branding.  The Officer recommendation proposes a Memorandum of Understanding between the two local governments, the MRBTA and MRWA be prepared to formalise future asset ownership and management arrangements, including raising revenue from individual operators that have a blade sign within the system.

 

CONCLUSION

 

Following consultation with stakeholders on the need for enhancement to tourist directional signage and visitor information bays, a schematic concept for directional signage on main roads has been prepared by City officers in collaboration with Officers from the SAMR and is shown at Attachment C.

 

The proposed hierarchy of signs has emerged as a way forward to enhance directional signage to regional attractions that are located on key minor roads intersecting with the Region’s main roads, whilst contiguously meeting design standards of MRWA.  The goal of the review process was to resolve potentially competing objectives of increasing visitor dispersal off main roads (to enrich tourist experiences), improving road safety and enhancing visual amenity.  It is proposed the MRBTA graphic element (without text) be used on main roads directional signage and the full brand identity system be reserved for use on regional information bays and on new regional entry signage.

 

Should the City of Busselton, SAMR and MRWA endorse the proposed enhancements and rationalization of signage (as outlined in Attachment C), detailed project definition planning (including cost planning, engineering technical requirements and whole of life asset management arrangements) will commence, to better define and fully document the following:

­  Suitable locations and engineering/environmental considerations for the installation of advanced directional signs and intersection directional signs at specific locations;

­  Infrastructure upgrade and whole of life maintenance and financing for information bays on main roads and local information points on secondary roads near intersections.  This will include any ancillary facilities such as bins, hard stand, landscaping and information content.

­  Management of roadside regional information bays (Cat1 and Cat1a) with joint responsibility proposed between local governments and MRBTA, in accordance with a proposed MOU.

 

Upon further Council consideration of the proposed project definition and cost planning, all written policies and associated guidelines relating to tourism directional signage will be reviewed, with the aim of consolidating the policies integrating use of the new tourism brand visual identity system into roadside visitor information.

 

OPTIONS

 

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

 

1.    Remain with the Status Quo:  The MRWA existing sign system is retained, with tourism businesses negotiating finger signs with MRWA for roads under its jurisdiction and City officers for signs at locations controlled by the City of Busselton. Information and map bays will remain outdated until a third party, such as the local tourism association or MRWA has the capacity and desire to manage them independently. This option is not recommended due to the untidiness of the current system being dangerous for motorists and presenting poorly in the landscape.

 

2.    Develop tourist drives (either independently, or collaboratively with the SAMR and/or MRBTA) and associated supporting collateral for the promotion of these drives and allocate resources to keep relevant information on these drives updated.   This is Scenario 2 outlined in the “guiding statement” brochure described in the section ‘Consultation’ above.  Note that there is potential for confusion and differing aesthetics if tourist drives are not delivered and branded consistently across the two LGA’s which is defined as a tourism region by Tourism WA.

 

Should the Shire of Augusta Margaret River not formally support the improvements recommended in this report, it is likely the status quo will remain, or an alternative mutually acceptable option would need to be negotiated.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer recommendation be supported, and a similar endorsement is received from the SAMR, Officers will seek formal written endorsement for the improvements from MRWA in late 2015.

 

Once endorsement from MRWA is received, the proposed detailed project definition plan and cost plan will be prepared in early 2016, using funds allocated in the 2015/16 CapeROC budget, and potentially supplemented with external funding sources.  An advocacy and capital funding approach to external organisations will then be developed in a unified approach from both local governments and the tourism industry represented by the MRBTA.

 

Based on the findings from the proposed detailed project definition plan and cost plan, formal approaches will be made to organisations including Tourism WA, Royal Automobile Club, South West Development Commission, Department of Regional Development, MRWA, MRBTA and individual business operators, in the form of a business case.

 

Renovation of roadside information bays may be subject to an allocation of funding by both local governments, proposed to be negotiated through CapeROC, and supported by resources from the MRBTA and potential grants from the organisations identified above.

 

 

 

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Supports the concept of proposed tourist directional signage and roadside visitor information improvements on main roads and intersections with key minor roads, as illustrated in Attachment C to this report, specifically to:

 

a.    Tourist Attraction and Services Signage;

 

b.    Roadside Visitor Information; and,

 

c.     Regional Tourism Entry Signage.

 

2.    Subject to a similar endorsement of the proposed improvements by the Shire of Augusta Margaret River, authorises the CEO to:

 

a.    Seek formal endorsement of the draft improvements by Main Roads WA;

 

b.    Collaborate with the Shire of Augusta Margaret River to prepare a detailed project definition plan, cost plan and business case to advocate external funding to enable delivery of the proposed improvements.

 

c.     Negotiate a draft Memorandum of Agreement with the Shire of Augusta Margaret River, Main Roads WA and the Margaret River Busselton Tourism Association Inc to define roles and responsibilities of each organisation with regard to project delivery and whole of life asset management.

 

 


Council

49

11 November 2015

12.1

Attachment a

Types of Tourist Directional Signage

 

 

Types of Tourist Directional Signage

Tourist Directional signage colours
Town/City directional signs (white on green)
Tourist attraction signs (white on brown)
Tourist services signs (white on blue)
 

 

 

 

 


Type of Sign

Examples

1. Advance Directional Signs

These signs provide motorists with advance information on upcoming tourist attractions or service facilities.  They are usually placed on high speed roads or where advance warning is necessary for road safety reasons.

 

 

 

 

 

 

 

 

 

 

Caves Road: 200m approach to Dunsborough.

(Tourist attraction signs and service signs are integrated onto the advance directional townsite sign)

 

 

 

 

 

 

 

 

 

Bussell Highway: 2km approach into Busselton

 

 

 

 

 

Used to notify motorists a turnoff to a tourist attraction and/or winery is ahead.  Uses a ‘t’ (attraction) or ‘h’ (heritage’) or a winery symbol (see below)

 

 

 

 

 

 

2. Intersection Directional Signs

These signs are placed at key tourist road intersections to indicate the actual turn off to tourist attractions or service facilities.

 

 

Bussell Highway and Wildwood Road intersection

Caves Road/Metricup Road intersection

 

 

 

 

 

 

 

 

 

 

3. Fingerboard Signs

These signs are placed at minor road intersections to indicate the turn off to tourist attractions or service facilities.

 

 

 

 

 

 

 

Caves Road and Chain Avenue intersection

4. Position Signs

These signs are placed at the actual location of the tourist attraction or service facility.  These are generally only used when the facility or attraction is not obvious from the roadside.

 

 

 

 

 

 

 

 

 

 

 

Example used at Swan Valley

5. Route Marker Signs

These signs are mainly used for State Tourist Drives and Themed Tourist Routes. The signs are generally placed before and after a major intersection and reinforced by route numbering shields at intervals to reassure motorists that they are still travelling along the designated route.

 

 

 

 

 

 

Caves Road  Tourist Drive 250

 

6. Visitor Information Points (or mini information bays)

These signs are located on minor roads near the  intersections of main roads

 

 

 

 

 

 

 

 

 

 

Metricup Road (close to intersection of Caves Road)

 


Council

51

11 November 2015

12.1

Attachment b

Location of Roadside Visitor Information Bays

 

 

Existing Locations of Category 1 and 1A Roadside Visitor Information Bays

 

 

 

 

 

 


Council

53

11 November 2015

12.1

Attachment c

Illustrations of Proposed Improvements to Tourist Directional Signage on Main Roads and Roadside Visitor Information

 


Council

53

11 November 2015

12.1

Attachment c

Illustrations of Proposed Improvements to Tourist Directional Signage on Main Roads and Roadside Visitor Information

 


Council

55

11 November 2015

12.1

Attachment c

Illustrations of Proposed Improvements to Tourist Directional Signage on Main Roads and Roadside Visitor Information

 


 


 


 


 


Council

59

11 November 2015

12.1

Attachment d

Letter of Support from the Margaret River Busselton Tourism Association Inc

 

 


Council                                                                                      63                                                          11 November 2015

13.             Finance and Corporate Services Report

13.1           CITY OF BUSSELTON PROPOSED CEMETERIES LOCAL LAW 2015

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Proposed Cemeteries Local Law 2015  

  

PRÉCIS

 

Council previously resolved to authorise the preparation and advertising of the proposed City of Busselton Cemeteries Local Law 2015 (Cemeteries Local Law). The purpose of this report is for Council to consider submissions received in relation to the proposed Cemeteries Local Law and to consider whether to make the proposed Cemeteries Local Law pursuant to Section 3.12 of the Local Government Act 1995 (the Act).

 

It is recommended that Council resolve to make the proposed Cemeteries Local Law.

 

BACKGROUND

 

Under the Act local governments are required to carry out periodic reviews of their local laws to determine whether or not it considers that it should be repealed or amended. Pursuant to above-mentioned requirements the City’s existing Busselton Cemeteries By-Law has been reviewed and a report presented to Council at its 8 July 2015 meeting, recommending that Council repeal the existing Busselton Cemeteries By-Law and adopt the proposed Cemeteries Local Law 2015. Council subsequently resolved:

 

That the Council :

 

1.    Commences the law-making process for the City of Busselton Cemeteries Local Law 2015, the purpose and effect of the local law being as follows:

 

Purpose: To repeal Busselton Cemeteries By-Law and to extend to the Council the control which exists under the Cemeteries Act 1986 over the cemeteries vested under the care, control and management of the City of Busselton.

 

Effect: To provide the Council, in respect of the cemeteries vested under the care, control and management of the City of Busselton, with controls and regulatory measures for prescribing the areas set aside for burials and placement of ashes, types of memorials permitted in different areas of the cemeteries, specifications and materials for memorials, licencing of monumental masons and management of funerals and burials. Offences are created for non-compliance with certain provisions of the local law.

 

2.    Authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act 1995, by –

a)         giving Statewide public notice and local public notice of the proposed local law; and

b)        giving a copy of the proposed local law and public notice to the Minister for Local Government.

3.    That the CEO, after the close of the public consultation period, submit a report to the Council on any submissions received on the proposed local law to enable the Council to consider the submissions made and to determine whether to make the local law in accordance with section 3.12(4) of the Act.

 

Pursuant to abovementioned Council resolution the proposed Cemeteries Local Law was published for public comment and a copy given to the Minister for Local Government and Communities (Minister) for consideration.  No public submissions have been received however the Department of Local Government and Communities (DLGC) commented on the proposed local law on behalf of the Minister.

 

The comments received from the DLGC resulted in minor changes being made to the proposed local law which was presented to Council at its 8 July 2015 meeting.  These changes, which are discussed in more detail under the OFFICER COMMENT section of this report, do not cause the proposed Cemeteries Local Law to be significantly different from what was originally proposed. Therefore, following the process under section 3.12 of the Act, the proposed Cemeteries Local Law is now referred back to Council for consideration of the minor changes which have been made and to resolve whether or not to make the proposed Cemeteries Local Law.

 

STATUTORY ENVIRONMENT

 

The procedure for making local laws is set out in section 3.12 of the Act and Regulation 3 of the Local Government (Functions and General) Regulations 1996.

 

In terms of section 3.12(4) of the Act, Council is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was originally proposed. A decision to make a local law has to be supported by an absolute majority of the Council. 

 

If Council resolve to make the proposed Cemeteries Local Law then the process required under section 3.12(5) and (6) of the Act needs to be carried out. Section 3.12(5) requires that the local law be published in the Government Gazette and a copy be provided to the Minister for Local Government and Communities. Section 3.12(6) requires that after the local law has been published in the Government Gazette, the City must give local public notice stating the title of the local law, summarising the purpose and effect of the local law and advising that copies of the local law may be inspected or obtained from the City offices.

 

In accordance with section 3.14 of the Act, the local law will come into operation 14 days after publication in the Government Gazette.

 

Section 42 of the Interpretation Act 1984 allows the WA State Parliament to disallow a local law, which is a mechanism to guard against the making of subsidiary legislation that is not authorised or contemplated by the empowering enactment, has adverse effect on existing rights or ousts or modifies the rules of fairness.  Parliament appointed the Joint Standing Committee on Delegated Legislation (JSC), which is a committee of State politicians from both houses of the Western Australian Parliament, to undertake an overseeing role on its behalf, which includes the power to scrutinise and recommend the disallowance of local laws to the parliament. After gazettal a copy of the local law is sent to the JSC who will examine the local law and contemplates whether or not it complies with abovementioned criteria. The JSC treats recommending disallowance of a local law as a last resort, which usually only occurs in circumstances where the local government does not satisfy concerns which may be raised by the JSC.

 

RELEVANT PLANS AND POLICIES

 

None

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the proposed Cemeteries Local Law will come from the Legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose. Making and implementing the proposed Cemeteries Local Law should not have any other financial implications for the City.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposal aligns with the City of Busselton Strategic Community Plan 2013 as follows:

 

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

 

RISK ASSESSMENT

 

The proposed Cemeteries Local Law does not involve any significant changes from current practices and is therefore considered low risk with no risks identified as “medium” or greater.

 

CONSULTATION

 

The proposed Cemeteries Local Law was advertised publicly in both local and state wide newspapers for a minimum of 6 weeks in accordance with the requirements under section 3.12(3)(a) of the Act. No public submissions have been received.

 

The proposed Cemeteries Local Law was also forwarded to the Minister for consideration and comment.  The DLGC responded on behalf of the Minister, suggesting various minor changes to the original version of the proposed Cemeteries Local Law.   The proposed changes were mostly of editorial/formatting nature and the majority of them have been implemented.  The implemented changes which have been incorporated are minor in nature. Under the OFFICER COMMENT section of this report these changes are dealt with in more detail.

 

OFFICER COMMENT

 

The management of cemeteries within the City of Busselton is regulated under the following framework:

 

Cemeteries Act 1986 (WA)

 

Under the Cemeteries Act 1986 state level legislation provides local governments with powers and controls in relation to matters such as licencing of funeral directors and issuing of single funeral permits, setting aside areas of the cemetery for burials (including burials of persons of a particular religious denomination), setting aside areas for crematoria, chapels, parks/gardens and other buildings or works required for the effective operation of a cemetery, granting, transferring and surrendering rights of burial, approval of the location and types of memorials and establishing and maintaining a registers (with details of all burials and grants of right of burial in a cemetery) and plans (showing the location of all burials in a cemetery).

 

Section 55 of the Cemeteries Act 1986 also provides local governments with the heads of power to make local laws in respect of specific ancillary matters and generally for the doing of all such acts and things considered necessary or convenient for the effective administration of a cemetery.

Local Laws

 

The Cemeteries Act 1986 extends to local governments the power to regulate by way of local laws matters such as prescribing types of memorials permitted in different areas of the cemetery, prescribing the location, dimensions and preparation of graves, prescribing specifications and materials for memorials, prescribing requirements for burials, funerals and disposal of ashes, regulating the entry to and use of vehicles in a cemetery and prescribing the procedures with respect to applications for issuing of licences, permits and permissions required under the Cemeteries Act or a local law. Under a cemeteries local law local governments also have the power to create offences for noncompliance with the provisions of that local law, to issue infringement notices and to set modified penalties for that purpose.

 

In terms of the law making process under the Act, a copy of the proposed Cemeteries Local Law has been given to the Minister for comment.  The DLGC, on behalf of the Minister, recommended certain minor drafting changes as well as changing the wording of certain clauses to ensure consistency with current parliamentary requirements.  Changes which have subsequently been made to the original version of the proposed Cemeteries Local Law (which was considered by Council at its 8 July meeting) include:

 

·    In clause 1.4 (under ‘Definitions’) the definition of ‘monumental mason’ has been replaced with a definition of ‘monumental mason licence’, purely for editorial purposes.

·    Subclause 5.1(c) has been amended to provide for the lead strip bearing the name of the deceased to be attached at a specific place to the coffin.

·    To avoid ambiguity clause 6.3 has been amended to clarify that no more than two dead bodies may be buried in a ‘standard grave’, which effectively requires special permission for a deeper grave should an applicant wishes to exceed this limit.

·    The Department of Local Government and Communities advised that Parliament’s Delegated Legislation Committee has held that the Cemeteries Act 1986 does not provide any direct right for monumental masons to appeal to the State Administrative Tribunal. Clause 7.25 has subsequently been amended by deleting subclause (3) which provided for such an appeal.

·    The Department also pointed out that under the Cemeteries Act 1986 modified penalties are limited to a maximum fine of $50 for each offence. Schedule 1 has been amended to be consistent with the act.

·    Various other minor drafting changes have been made to ensure that formatting throughout the local law is consistent with Parliamentary standards, for example the spelling of ‘sub-clause’ has been changed to ‘subclause’ and ‘3 pm’ has been replaced with ‘3:00 pm’.

 

In terms of Section 3.13 of the Local Government Act 1995 if, during the process of making a local law, Council decide to make a local law that would be significantly different to what was first proposed, the law making process has to be recommenced.  It is considered that the abovementioned modifications to the original version of the proposed Cemeteries Local Law presented to Council at its 8 July 2015 meeting, will add clarity to the text of the proposed local law and ensure consistency with relevant legislation.  These modifications do not change the purpose, intent and effect of the version originally presented to Council and is therefore considered not to be significantly different from what was first proposed.

 

CONCLUSION

 

The proposed Cemeteries Local Law will repeal the City’s existing Busselton Cemeteries By-Law (and all subsequent amendments thereof) which is considered to be outdated and, together with legislative controls under the Cemeteries Act, provide Council with adequate and effective controls to operate and regulate cemeteries under the care and control of the City of Busselton. It is therefore recommended that Council make the new proposed Cemeteries Local Law.

 

OPTIONS

 

Council has the following options as alternative to the Officer Recommendation:

 

Option 1

 

Not to proceed with the local law process and rely on the current Cemeteries Local Law and the provisions under the Cemeteries Act and Regulations to operate and regulate the cemeteries under the City’s care and control. If Council wishes to pursue this option, it should consider making changes to the existing Busselton Cemeteries By-Law, which should include repealing those provisions which became obsolete and amending provisions considered to be out-dated.

 

Option 2

 

Council could choose to vary the provisions of the proposed Cemeteries Local Law in any number of ways.  The proposed Cemeteries Local Law is however the form of local law recommended at this stage for the reasons stated in this and the previous report. Any substantive changes could also cause the proposed new local law to be considered significantly different from what was first proposed, which will require recommencement of the law making process.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should Council resolve to make the proposed Cemeteries Local Law it will need to be gazetted and will come into operation 14 days after publication in the Government Gazette. The timeframe for completion of the gazettal process is approximately thirty days from the date of the Council resolution.

 

After gazettal, the local law will be tabled in Parliament and referred to the JSC for scrutiny. The JSC’s timeframes for examining the local law and seeking clarifications or raising concerns usually depends on the Parliamentary programme (sitting days, recess etc.). Under normal circumstances this process takes 30 – 60 days to finalise. 

 

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Resolves to make the City of Busselton Cemeteries Local Law 2015 in accordance with section 3.12(4) of the Local Government Act 1995.

 

2.    Authorises the Chief Executive Officer to carry out the processes required to make the City of Busselton Cemeteries Local Law 2015 in accordance with section 3.12(5) and section 3.12(6) of the Local Government Act 1995.

 


Council

67

11 November 2015

13.1

Attachment a

Proposed Cemeteries Local Law 2015

 

 

 

 

 

 

 

 

 

CEMETERIES ACT 1986

LOCAL GOVERNMENT ACT 1995

 

 

 

 

 

 

CITY OF BUSSELTON

CEMETERIES LOCAL LAW 2015

 

 

 

 

 

 

 

 


CEMETERIES ACT 1986

LOCAL GOVERNMENT ACT 1995

 

CITY OF BUSSELTON

 

CEMETERIES LOCAL LAW 2015

 

CONTENTS

 

 

Part 1 – Preliminary

1.1       Citation

1.2       Application

1.3       Commencement

1.4       Terms used

1.5       Interpretation

1.6       Repeal

 

Part 2 - Administration

2.1       Powers and functions of CEO

2.2       Plans

 

Part 3 – Application for Funerals

3.1       Application for burial

3.2       Applications to be accompanied by certificates etc

3.3       Certificate of identification

3.4       Minimum notice required

3.5       Fixing times for funerals

3.6       Times for burials

 

Part 4 – Funeral Directors and Permit Holders

4.1       Funeral director’s licence expiry

4.2       Single funeral permits

4.3       Application refusal

 

Part 5 – Funerals

Division 1 – General

5.1       Requirements for funerals and coffins

5.2       Funeral processions

5.3       Vehicle entry restricted

5.4       Vehicle access and speed limitation

5.5       Offenders may be ordered to leave

5.6       Conduct of funeral by Board

 

Division 2 – Placement of Ashes

5.7       Disposal of ashes

 

Part 6- Burials

6.1       Dimensions of graves

6.2       Preparation of graves

6.3       Depth of graves

6.4       Vaults and Mausoleums

 

Part 7 – Memorials and Other Work

Division 1 – General

7.1       Application for memorial

7.2       Placement of memorial

7.3       Removal of rubbish

7.4       Operation of work

7.5       Removal of sand, soil or loam

7.6       Hours of work

7.7       Unfinished work

7.8       Use of wood

7.9       Plants

7.10     Supervision

7.11     Australian war graves

7.12     Placing of glass domes and vases

 

Division 2 – Types of memorials permitted in different areas of a cemetery

 

7.13     Determination of types of memorials permitted in different areas of a cemetery

7.14     Memorials to be placed or erected in accordance with determination

7.15     Amendment or revocation of determination

 

Division 3 – Specifications and materials for memorials

 

7.16     Specification of a monument

7.17     Specification of a headstone

7.18     Specification of a memorial plaque

7.19     Specification of fencing

7.20     Display of trade names on memorials not allowed

 

Division 4 – Licencing of Monumental Masons

 

7.21     Monumental mason’s licence

7.22     Expiry date, non-transferability

7.23     Carrying out monumental work

7.24     Responsibilities of the holder of a monumental mason’s licence

7.25     Cancellation of a monumental mason’s licence

7.26     Application for single monumental work permit

7.27     Numbering of graves

 

Part 8 – General

8.1       Animals

8.2       Utility services

8.3       Damaging and removing of objects

8.4       Withered flowers

8.5       Littering

8.6       Signs, advertising and vending

8.7       Board may close a cemetery

8.8       Obeying signs and directions

8.9       Removal from the cemetery

8.10     Board may enter into an agreement for maintenance

 

Part 9 – Offences and Modified Penalty

9.1       General

9.2       Modified penalties

 

SCHEDULE 1 – MODIFIED PENALTIES

SCHEDULE 2 – TYPES OF MEMORIALS PERMITTED IN DIFFERENT AREAS OF A CEMETERY

SCHEDULE 3 – INFRINGMENT NOTICE

SCHEDULE 4 – WITHDRAWAL OF INFRINGMENT NOTICE


CEMETERIES ACT 1986

LOCAL GOVERNMENT ACT 1995

 

City of Busselton Cemeteries Local Law 2015

 

Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Busselton resolved on [insert date] to make the following local law.

 

PART 1 - PRELIMINARY

1.1     Citation

This local law  is the City of Busselton Cemeteries Local Law 2015.

1.2     Application

This local law applies to the cemeteries.

1.3     Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.4     Terms used

In this local law unless the context otherwise requires-

Act means the Cemeteries Act 1986;

ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a cremation urn;

assistance animal has the same meaning as in the Disability Discrimination Act 1992 (Cth);

authorised person means an employee of the Board -

(a) appointed by the Board under section 9.10 of the Local Government Act 1995 for the purposes of performing any function or exercising any power, other than the giving of infringement notices, conferred upon an authorised person by this local law; or

(b) authorised under section 64 of the Act to give infringement notices;

Board means the City of Busselton;

business day means any week day other than a public holiday in Western Australia;

Busselton Cemetery means the Busselton Cemetery located within Reserve 9298 which the Governor by order has vested under the care, control and management of the Board;

cemetery means, depending on the context, any or all of the Busselton Cemetery, the Dunsborough Cemetery and the Metricup Cemetery;

CEO means the chief executive officer for the time being, of the Board;

coffin means a coffin or other receptacle used for the transportation of a dead body to the grave site;

cremation urn means a container used for holding the remains of a dead body after the due processes of cremation of which the volume does not exceeding .004m3 (4,000 cubic centimetres), or such greater volume as approved by the CEO in writing;

disability has the same meaning as in the Disability Discrimination Act 1992 (Cth);

district means the district of the City of Busselton;

Dunsborough Cemetery means the Dunsborough Cemetery located within Reserve 12304 which the Governor by order has vested under the care, control and management of the Board;

funeral director means a person holding a current funeral director’s licence issued by the Board under section 17 of the Act;

headstone means a memorial designed for placement at the head of a grave in the lawn section of a cemetery, commemorating a grave or the placement of ashes;

mausoleum means a burial chamber wholly above or partially above and below ground level with one or more sealed compartments;

memorial has the meaning set out in the Act and includes a headstone, memorial plaque and monument;

memorial plaque means a panel, plate or tablet designed or used for purposes of bearing commemorative inscription;

Metricup Cemetery means the Metricup Cemetery located within Reserve 21540 which the Governor by order has vested under the care, control and management of the Board;

monument means a tombstone, sculpture, statute or other form of memorial approved by the Board commemorating a grave or the placement of ashes, other than a headstone;

monumental mason licence means a licence issued under clause 7.21(1);

natural stone means –

(a) any variety of non-fabricated, naturally occurring stone or rock; or

(b) any fabricated compound or fabricated aggregate which, in the opinion of the Board, has similar durability and aesthetic qualities as the materials specified in paragraph (a) above, suitable for decorative purposes and monumental sculpture and includes granite, but not porcelain, ceramics or any pottery;

plant includes trees, shrubs, annuals and perennials;

personal representative means the administrator or executor of an estate of a deceased person;

set fee means a fee or charge set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act;

single funeral permit means a permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct at a cemetery a funeral of a person named in the permit;

standard grave means a grave which does not exceed any of the following dimensions: 2m long, 1.2m wide and 2.1m deep;

utility services means municipal or public services and include the supply of water, electrical power, gas and refuse, building waste and sewerage disposal services;

vault means a below ground lined grave or burial chamber with one or more sealed compartments; and

vehicle includes every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise (and includes a bicycle and a skateboard).

1.5     Interpretation

In this local law –

(a)     a reference to an application, approval, consent or permission means a written application, approval, consent or permission; and

(b)     a reference to a person does not include the Board.

1.6     Repeal

The Busselton Cemeteries By-Law published in the Government Gazette on 14 October 1994 is repealed.

 

PART 2 - ADMINISTRATION

 

2.1     Powers and functions of CEO

Subject to any directions given by the Board, the CEO shall exercise all the powers and functions of the Board in respect of all cemeteries.

2.2     Plans

(1)     The Board shall establish and maintain a plan of each cemetery showing –

(a)     the location of areas set aside for burials and placement of ashes;

(b)     the location of an area to be used only for burials of persons of a particular religious denomination;

(c)     the location of different areas of a cemetery to which different requirements for memorials apply; and  

(d)     the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and (b) of the Act. 

(2)     The Board may from time to time vary the boundaries of any area referred to in subclause (1).

(3)     The plans referred to in subclause (1) shall be open for inspection by members of the public during normal office hours of the Board.

 

PART 3 – APPLICATION FOR FUNERALS

 

3.1     Application for burial

(1)     A person may apply for approval to bury a dead body in a cemetery in the form      determined by the Board from time to time.

(2)     An application under subclause (1) shall be accompanied by the set fee.

3.2     Applications to be accompanied by certificates etc

(1)          An application under clause 3.1 shall be accompanied by a certificate issued under clause 3.3, in respect of the dead body.

(2)          The Board may require that an application under clause 3.1 be accompanied by either a medical certificate of death or a Coroner’s order of burial, in respect of the dead body.

3.3     Certificate of identification

(1)     After a dead body is placed in a coffin and prior to the dead body being removed to a cemetery, a person who personally knew the deceased shall identify the dead body and shall complete a certificate of identification in the form determined by the Board from time to time, unless –

(a)     in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or

(b)     after reasonable effort the funeral director is unable to arrange for a person to identify the dead body.

(2)        A funeral director shall complete a certificate in the form determined by the Board from time to time, where –           

(a)     in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or

(b)     after reasonable effort the funeral director is unable to arrange for a person to identify the dead body.

3.4     Minimum notice required

An application to hold a funeral shall be made with the Board at least two business days prior to the day proposed for burial, otherwise an extra charge may be made.

3.5     Fixing times for funerals

(1)          On receipt of a properly completed application form and the satisfaction of all other requirements of the Act and this local law, the Board may—

(a)    fix a time for the funeral; and

(b)    dig or re-open any grave that is required.

(2)          The time fixed for a funeral is at the discretion of the Board but subject to this Part will be as near as possible to the time requested by the applicant.

3.6     Times for burials

A person shall not carry out a burial—

(a)     on a Saturday, a Sunday or a public holiday; or

(b)     at any time other than between the hours 9:00 am to 3:00 pm, except with the permission of the Board or an authorised person.

 

PART 4 – FUNERAL DIRECTORS AND PERMIT HOLDERS

 

4.1     Funeral director’s licence expiry

A funeral director’s licence shall expire on 30 June in each year.

4.2     Single funeral permits

An application for a single funeral permit made under section 20 or 21 of the Act shall include coffin specifications and details of the vehicle transporting the dead body to the gravesite.

4.3     Application refusal

The Board may refuse an application for a single funeral permit if, in the opinion of the Board, either the coffin specifications or the details of the vehicle transporting the dead body to the gravesite are not structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.

 

PART 5 - FUNERALS

Division 1 - General

5.1     Requirements for funerals and coffins

A person shall not bring a dead body into a cemetery unless –

(a)     the Board has approved an application for the burial of that dead body in accordance with Part 3 of this local law;

(b)     it is enclosed in a coffin which in the opinion of the Board is leak proof, structurally sound and bears the name of the deceased person indelibly inscribed in legible         characters on a plate properly affixed in a clearly visible position on the exterior of the coffin; and

(c)     under the plate referred to in paragraph (b) there is s substantive lead strip bearing the surname of the deceased person stamped in legible characters, each character being not less than 10mm in height, for burial with the dead body..

5.2     Funeral processions

The time fixed by the Board for any burial shall be the time at which the funeral procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the funeral under clause 3.1 shall pay the set fee for being late.

5.3     Vehicle entry restricted

(1)     Subject to clause 5.3(2), a funeral procession shall enter by the principal            entrance of the cemetery, and no vehicle shall enter the cemetery except –

(a)     the hearse;

(b)     official mourning coaches;

(c)     a vehicle carrying or transporting a person with a disability;

(d)     a device or equipment used to transport, carry or handle a coffin; and

(e)     a pram, baby carriage, stroller or a similar device.

(2)     This clause does not apply to a vehicle approved by the CEO or an authorised    person.

5.4     Vehicle access and speed limitation

(1)        A person shall drive or ride a vehicle only on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO.

(2)     A person driving or riding a vehicle in an area within a cemetery -

(a)     shall not exceed the speed limit designated by a sign applying to that area; and

(b)     shall comply with the signs and directions applying to that area.

5.5     Offenders may be ordered to leave

A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO or an authorised person.

5.6     Conduct of funeral by the Board

When conducting a funeral, or for the purposes of deciding whether to conduct a   funeral, under section 22 of the Act the Board may –

(a)     require a written request for it to conduct a funeral to be lodged with it;

(b)     in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for the conduct of that funeral by it;

(c)     where no fee or a reduced fee has been charged by it for the conduct of the   funeral, determine the manner in which the funeral shall be conducted;

(d)     specify an area in the cemetery where the dead body is to be buried or the     ashes placed;

(e)     bury the dead body;

(f)      conduct the funeral notwithstanding the failure of a person to make any        application or to obtain any consent required under this local law; and

(g)     do or require anything which it considers is necessary or convenient for the conduct of the funeral by it.

 

Division 2 - Placement of Ashes

 

5.7     Disposal of ashes

(1)     Except in accordance with an approved application under this clause, a person shall not bring or dispose of the ashes of a deceased person in a cemetery.

(2)        A funeral director or the personal representative of a deceased person whose body has been cremated may apply to the Board for permission to dispose of the ashes of that deceased person in a cemetery by one of the following methods, if that method is available –

(a)     placed in a niche wall;

(b)     placed under a family tree or shrub;

(c)     placed under a bench seat;

(d)     placed in a grave, vault or mausoleum;

(e)     scattered in an area approved by the Board;

(f)      placed in a memorial garden; or

(g)     placed in or under other memorials approved by the Board

(3)        An application under subclause (2) shall be in writing and shall be accompanied by payment of the set fee.

(4)        The CEO or an authorised person may require a person making an application under subclause (2) to provide additional information reasonably related to the application before determining the application.

(5)        The CEO or an authorised person may –

(a)     approve an application under subclause (2) unconditionally or subject to any conditions; or

(b)     refuse to approve an application under subclause (2).

(6)        Where an application under subclause (2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended.

(7)        If the CEO or an authorised person refuses to approve an application under subclause (2), he or she is to give written notice of that refusal to the applicant.

 

Part 6 – Burials

6.1     Dimensions of graves

(1)        A person shall not bury a dead body in a cemetery other than in a standard grave, unless that person has the permission of an authorised person.

(2)     The permission of the authorised person in subclause (1) shall not be granted unless in the opinion of the authorised person, exceptional circumstances require granting of that permission.

6.2     Preparation of graves

A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of an authorised person.

6.3     Depth of graves

(1)     A person shall not bury a dead body within a cemetery so that the distance from     the top of the dead body to the original surface of the ground is -

(a)     subject to paragraph (b), less than 1600 mm, unless that person has the permission of an authorised person; or

(b)     in any circumstances less than 750 mm.

(2)        The permission of the authorised person in subclause (1)(a) shall not be granted unless, in the opinion of the authorised person, exceptional circumstances require granting of that permission.

6.4     Vaults and Mausoleums

(1)        A person shall not construct a vault or mausoleum within a cemetery.

(2)        A person may request the Board to construct a vault or mausoleum within a cemetery.

(3)        A vault or mausoleum within a cemetery shall at all times remain the property of the Board.

(4)        An application under subclause (2) shall be in writing and shall be accompanied by payment of the set fee.

(5)        The CEO or an authorised person may require a person making an application under subclause (2) to provide additional information reasonably related to the application before determining the application.

(6)        The CEO or an authorised person may –

(a)          approve an application under subclause (2) unconditionally or subject to any conditions; or

(b)          refuse to approve an application under subclause (2).

(7)        Where an application under subclause (2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended.

(8)        If the CEO or an authorised person refuses to approve an application under subclause (2), he or she is to give written notice of that refusal to the applicant.

(9)        A person shall not place a dead body in a vault or mausoleum except –

(a)          in a closed coffin;

(b)          in a soundly constructed and sealed chamber; and

(c)          in accordance with subclause (9).

(9)        The number of burials in a chamber must not exceed the number for which the chamber was designed.

 

Part 7 – Memorials and Other Work

Division 1 - General

 

7.1     Application for memorial

The Board may require the consent of the holder of the right of burial of the grave to accompany an application under section 30 of the Act.

7.2     Placement of memorial

Subject to Division 3 of this Part, a memorial shall be placed on proper and substantial foundations.

7.3     Removal of rubbish

All refuse, rubbish or surplus material remaining after memorial works are completed under a permission given under section 30 of the Act shall be immediately removed from the cemetery by the person carrying out the works.

7.4     Operation of work

All material required in the placement, erection or alteration of any memorial work shall, as far as possible, be prepared before being taken to the cemetery, and all materials required by tradesmen shall be admitted at such entrance as the CEO or an authorised person shall direct.

7.5     Removal of sand, soil or loam

A person shall not, without the consent of the Board –

(a)     take sand, gravel, stone, timber, trees or other material from a cemetery for use in connection with the placement, erection or alteration of any memorial or other work; or

(b)     subject to clause 7.3, remove or cause to be removed from a cemetery any sand, gravel, stone, timber, trees, shrubs, grass or other material.

 

7.6     Hours of work

Except in accordance with the permission of an authorised person, a person shall not carry out memorial or other work within a cemetery –

(a)          during a funeral; or

(b)          other than between the hours of 8.00am and 5.00pm on a business day.

7.7     Unfinished work

A mason or other person who does not complete any work before 5.00pm on a business day shall leave the work in a neat and safe condition to the satisfaction of the CEO or an authorised person.

7.8     Use of wood

No wooden fence, railing, cross or other wooden erection shall be allowed on or around a grave, other than as a temporary marker or with the permission of an authorised person.

7.9     Plants

A plant shall not be planted on any grave or within the cemetery except in accordance with an approval by the CEO.

7.10   Supervision

All workers, whether employed by the Board or by any other person, shall at all times while within the boundaries of the cemetery be subject to the supervision of the CEO or an authorised person and shall obey any directions of the CEO or an authorised person.

7.11   Australian War Graves

Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves:

(a)     may place a memorial on a military grave; and

(b)     is not required to pay the set fee for any memorial that is placed on a military grave.

7.12   Placing of glass domes and vases

A person shall not place a glass dome, vase or other grave ornament –

          (a)     outside the perimeter of a grave as defined in the plans        kept and maintained under section 40(2) of the Act; or

          (b)     on the lawn in an area set aside by the Board as a lawn section.

 

Division 2 – Types of memorials permitted in different areas of a cemetery

7.13 Determination of types of memorials permitted in different areas of a cemetery

(1)     The Board may determine the types of memorials permitted in a cemetery and may impose different requirements for different areas of a cemetery.

(2)     Where the Board makes a determination under subclause (1), the CEO must give local public notice to give effect to the determination.

(3)        A proposed determination is to have effect as a determination on and from the date of publication.

(4)        A determination made under this clause 7.13 shall be recorded in a publicly accessible register of determinations that must be maintained by the Board.

(5)     The determinations in Schedule 2 –

(a)    are to be taken to have been made in accordance with clause 7.13;

(b)    may be amended or revoked in accordance with clause 7.15; and

(c)    have effect on the day on which this local law commences under clause 1.3.

7.14 Memorials to be placed or erected in accordance with determination

The Board may refuse an application under section 30 of the Act if the type or location of the memorial applied for is not in accordance with a determination.

7.15 Amendment or revocation of determination

(1)     The Board may amend or revoke a determination.

(2)     The provisions of clauses 7.13(2), (3) and (4) are to apply to an amendment of a determination as if the amendment were a proposed determination.

(3)     If the Board revokes a determination, the CEO is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication.

 

Division 3 – Specifications and materials for memorials

7.16   Specification of a monument

(1)     A monument in a cemetery shall –

(a)     be made of natural stone;

(b)     be placed on a base of natural stone;

(c)     comply with the following specifications:

(i)      unless a greater height is approved by the CEO, the overall height of a monument above the original surface of the grave shall not exceed 1.2m;

(ii)     the height of the base of the monument above the original surface of the grave shall not be less than 150 mm nor more than 450 mm;

(iii)    the width of the base of the monument shall not exceed 1.2m;

(iv)   the length of the base of the monument shall not exceed 2.4m; and

(v)     the depth of the base of the monument shall not exceed 300 mm; and

(d)     have foundations extending to the bottom of the grave unless concrete beam foundations are approved by the Board.

(2)        Subject to subclause (3) a memorial plaque may be attached to a monument that has been or is being erected.

(3)     The provisions of clause 7.18 apply to a memorial plaque that is attached to a monument.

7.17   Specification of a headstone

(1)     A headstone shall –

(a)     be made of natural stone;

(b)     be placed on a base of natural stone;

(c)     comply with the following specifications:

(i)      the height of the base of the headstone above the highest point of the original surface of the grave shall not be less than 150 mm nor more than 200 mm;

(ii)     the overall height of the headstone, including the base, shall not exceed 1.2m;

(iii)    the length of the base of the headstone measured across the width of the grave shall not exceed 1m;

(iv)    the width of the base of the headstone shall not exceed 300mm; and

(v)     that part of a headstone above its base shall not extend horizontally beyond that base.

(d)     have foundations extending to the bottom of the grave unless concrete beam foundations are approved by the Board.

(2)        Subject to subclause (3) a memorial plaque may be attached to a headstone erected or being erected within a cemetery.

(3)     The provisions of clause 7.18 apply to a memorial plaque that is attached to a headstone.

7.18   Specification of a memorial plaque

(1)     A memorial plaque placed in a cemetery shall –

(a)     be made of admiralty bronze or any other material approved by the Board;

(b)     if placed on a monument or headstone - not be less than the dimensions 140 mm x 110 mm, nor more than 560 mm x 305 mm; and

(c)     if placed on any other memorial or in any other section of a cemetery - comply with the relevant specification in Schedule 2 relating to that section of the cemetery.

(2)     A memorial plaque –

(a)     made of admiralty bronze shall not exceed 20 mm in thickness;

(b)     made of stone shall not exceed 50 mm in thickness; and

(c)     shall be placed upon a base mounting approved by the Board.

7.19 Specification of fencing

Any fencing used as memorial in the memorial drive section of a cemetery shall –

(a)     be a picket fence made of white powder coated aluminium or any other materials approved by the Board;

(b)     have concrete beam foundations approved by the Board;

(c)     unless otherwise approved by the Board, comply with the following specification:

(i)      in length, not be more than 1100 mm in length, nor less than 900 mm;

(ii)     in width, not be more than 1100 mm in width, nor less than 900 mm; and

(iii)    in height, not be more than 450 mm, nor less than 550 mm from the original surface of the grave.

7.20 Display of trade names on memorials not allowed

A person shall not display any trade names or marks on a memorial.

 

Division 4 – Licensing of Monumental Masons

7.21 Monumental mason’s licence

(1)     The Board may on receipt of an application by any person and on payment of the set fee issue to the applicant a monumental mason’s licence.

(2)     A licence issued under subclause (1) authorises the holder to carry out monumental works within a cemetery subject to the provisions of this local law and such conditions as the Board specifies on the licence.

7.22 Expiry date, non-transferability

A monumental mason’s licence –

(a)     is valid from the date specified on the licence until 30 June next following; and

(b)     is not transferable.

7.23 Carrying out monumental work

A person shall not carry out monumental work within the cemetery unless that person –

(a)     is the holder of a current monumental mason’s licence;

(b)     is an employee of a person who holds such a licence; or

(c)     is authorised by the Board to do so.

7.24 Responsibilities of the holder of a monumental mason’s licence

A holder of a monumental mason’s licence shall be responsible for the compliance by every person purporting to be authorised to carry out monumental works within a cemetery pursuant to that licence with all the requirements and conditions of the licence, this local law, the Act and any other written law which may affect the carrying out of monumental works.

7.25   Cancellation of a monumental mason’s licence

(1)     The Board may, by notice in writing to the holder of a monumental mason’s licence, terminate the licence on any of the following grounds:

(a)     that the holder of the licence has committed a breach of the requirements or conditions of the licence, this local law, the Act or any other written law which may affect the carrying out of monumental works;

(b)     that, in the opinion of the Board, the conduct of the holder of the licence or any person in the employ of that holder in carrying out or attempting to carry out any works within the cemetery, is inappropriate or unbecoming; or

(c)     that the holder of the licence has purported to transfer the licence issued to that holder.

(2)     Upon the termination of a monumental mason’s licence under this clause no part of any fee paid for the issue of that licence is refundable by the Board.

7.26 Application for single monumental work permit

(1)        The Board may on receipt of an application by a person in the form prescribed and on payment of a set fee, issue to an applicant a single monumental work permit authorising the holder to place a monument within a cemetery subject to such conditions as the Board specifies on the permit.

(2)    An application for a single monumental work permit under subclause (1) shall include an application for a monumental work in the form prescribed.

 

7.27 Numbering of graves

A person shall not carry out monumental work on a grave unless the number of that grave is, depending on the area where the grave is located, indelibly and legibly inscribed either on the base of the head of the monument or on the base of the headstone, or if this is not practicable, on the kerbing at the foot of the grave.

 

Part 8 - General

 

8.1     Animals

(1)     Subject to subclause (2), a person shall not bring an animal, or the carcass or remains of a deceased animal, into a cemetery or permit an animal to enter or remain in a cemetery, other than with the approval of the CEO or an authorised person.

(2)     Subclause (1) shall not apply to an assistance animal providing assistance to a person with a disability or alleviating the effect of a disability.

8.2     Utility services

(1)     A person shall not –

(a)     connect any device or equipment to any utility services supplied on or at a cemetery; or

(b)     alter or interfere with utility services infrastructure located in a cemetery,

other than with the approval of the CEO or an authorised person.

(2)     The Board may recover from a person the reasonable costs incurred by the Board for the supply to and use of any utility services by that person at a cemetery.

8.3     Damaging and removing of objects

Subject to clause 8.4, a person shall not damage, remove or pick any plant in a cemetery or any other object or thing on any grave or memorial or any property of the Board without the permission of the Board.

8.4     Withered flowers

A person may remove withered flowers from a grave or memorial and these are to be placed in a receptacle provided by the Board for that purpose.

8.5     Littering

A person shall not –

(a)     break or cause to be broken any glass, ceramic or other material in a cemetery; or

(b)     discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in a cemetery other than in a receptacle provided for that purpose.

8.6     Signs, advertising and vending

(1)     A person shall not place or display any sign, advertisement or fixture of any nature, other than an approved memorial a cemetery, except with the permission of the Board.

(2)     A person shall not advertise or carry on any trade, business or profession in       the cemetery without the approval of the Board.

(3)     The Board may consider and grant approval subject to such conditions as the     Board thinks fit.

8.7     Board may close a cemetery

The Board may –

(a)     close a cemetery or any part of it;

(b)     exclude from a cemetery the public and all persons or so many of the public or so many persons as the Board consider to be necessary;

(c)     regulate, prohibit or restrict access to a cemetery or any part of it; or

(d)     direct persons to leave a cemetery or any part of it,

for purposes of –

(e)     a funeral or public convenience;

(f)      maintenance, redevelopment or extension of the cemetery;

(g)     public safety; or

(h)     other operational reasons.

8.8   Obeying signs and directions

(1)     The Board may display, mark, place or erect a sign within the cemetery specifying any conditions relating to the use of the cemetery.

(2)     A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery and any other lawful direction by the CEO or an authorised person.

8.9     Removal from the cemetery

(1)   Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board, the CEO or an authorised person is inappropriate in the cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the CEO or an authorised person.

(2)          A person to whom an order under subclause (1) is given must comply with that order.

8.10   Board may enter into an agreement for maintenance

The Board may enter into an agreement with the holder of a right of burial for the maintenance of an area of a cemetery at the expense of the holder.

 

Part 9 – Offences and Modified Penalties

 

9.1     General

A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a further penalty not exceeding $50.00 for every day or part of a day during which the offence has continued.

 

9.2     Modified penalties

(1)     The offences specified in Schedule 1 are offences which may be dealt with under             section 63 of the Act.

(2)     The modified penalty payable in respect of an offence specified in Schedule 1 is              set out in the fourth column of Schedule 1.

(3)        The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in Schedule 3.

(4)        The prescribed form of the notice withdrawing an infringement notice referred to in         section 63(3) of the Act is set out in Schedule 4.

 

 

 

 

 

SCHEDULE 1

MODIFIED PENALTIES

(Clause 9.2(1))

 

Item

No

Clause No

Nature of Offence

Penalty

$

1

5.3

Unauthorised entrance of a vehicle

50.00

2

5.4(1)

Driving or riding a vehicle other than on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within the cemetery

50.00

3

5.4(2)

Excessive speed

50.00

4

5.7(1)

Bringing or disposing of the ashes of a deceased person in a cemetery

50.00

5

7.3

Failure to remove rubbish and surplus material from the cemetery

50.00

6

7.7

Leaving uncompleted works in an untidy or unsafe condition

50.00

7

7.9

Unauthorised planting of plants

50.00

8

7.12

Unauthorised placing of glass domes and vases

50.00

9

7.20

Displaying a trade name on a memorial

50.00

10

8.1

Unauthorised animal in cemetery

50.00

11

8.2(1)

Connect to or alter or interfere with utility services

50.00

12

8.3

Damage or removal of objects

50.00

13

8.5

Littering

50.00

14

8.6(1)

Place or display a sign or advertisement

50.00

15

8.6(2)

Unauthorised advertising, and/or trading

50.00

16

8.8

Disobeying sign or lawful direction

50.00

 

 

 

 

 


 

SCHEDLUE 2

TYPES OF MEMORIALS PERMITTED IN DIFFERENT AREAS OF A CEMETERY

 

The following determinations are to be taken to have been made by the Board under clause 7.13.

 

Busselton Cemetery

Area of cemetery

Type of memorial

Dimensions

General section

Monument

or

Headstone

As specified in clause 7.16

 

As specified in clause 7.17

Lawn section

Headstone

As specified in clause 7.17

Niche Wall

Memorial plaque

Single: 140mm to 145mm wide x 115mm to 120 mm high

Double: 275mm to 285mm wide x 120mm to 125mm high

Rose Garden, Native Garden, Children’s Garden, Family Tree or Shrub

Memorial plaque mounted on a base made of natural stone

Dimensions of base: 295 to 315mm wide x 240 to 250mm deep x 240 to 250mm high.

 

Dimensions of Memorial Plaque: not to exceed the width and height of the base it is mounted on.

Contemplation Garden Wall

Memorial plaque

Small: 275mm to 280mm wide x 120mm  to 125mm high

Large: 300mm to 305mm wide x 200mm to 205mm high.

Either flush or on risers no greater than 20mm high.

Memorial Drive Section

Fencing

 

In addition to fencing, a memorial plaque, mounted on a base made of natural stone, will be allowed in this section of the cemetery

As specified in clause 7.19

 

Width and length: any size that does not exceed the internal dimensions of fencing as specified in subclauses 7.19(c)(i) and (ii).

Height: not to exceed the dimensions specified in clause 7.19(c)(iii).

 

Dunsborough Cemetery

 

Area of cemetery

Type of memorial

Dimensions

General section

Monument

or

Headstone

As specified in clause 7.16

 

As specified in clause 7.17

Lawn section

Headstone

As specified in clause 7.17

Niche Wall

Memorial plaque

Single: 140mm to145mm wide x 115mm to 120 mm high

Double: 275mm to 285mm wide x 120mm to 125mm high

Rose Garden Wall

 

Memorial plaque

275mm to 285mm wide x 120mm to 125mm high

Either flush or on risers no greater than 20mm high.

Memorial Drive Section

Memorial plaque mounted on a base made of natural stone

 

Dimensions of Memorial Plaque not to exceed 275mm to 285mm wide x 120mm to 125mm high.

 

Dimensions of base not to exceed 295 to 315mm wide x 240 to 250mm deep x 240 to 250mm high.

 

 

 

Metricup River Cemetery

 

Area of cemetery

Type of memorial

Dimensions

General section

Monument

or

Headstone

As specified in clause 7.16

 

As specified in clause 7.17


SCHEDULE 3

INFRINGMENT NOTICE

(Clause 9.2(3))

 

TO:___________________________________________________________________

(Name)

______________________________________________________________________

(Address)

______________________________________________________________________

 

It is alleged that at __________:_________hours on________day

of_____________________________20__________at__________________________

 

______________________________________________________________________

 

you committed the offence indicated below by an (x) in breach of clause ............ of the City of Busselton Cemeteries Local Law 2015                                                                                               _______________________

                                                                                                            (Authorised Person)

 

Offence

 

 

5.3

Unauthorised entrance of a vehicle

$50.00

 

5.4(1)

Driving or riding a vehicle other than on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within the cemetery

$50.00

 

5.4(2)

Excessive speed

$50.00

 

5.7(1)

Bringing or disposing of the ashes of a deceased person in a cemetery

$50.00

 

7.3

Failure to remove rubbish and surplus material from the cemetery

$50.00

 

7.7

Leaving uncompleted works in an untidy or unsafe condition

$50.00

 

7.9

Unauthorised planting of plants

$50.00

 

7.12

Unauthorised placing of glass domes and vases

$50.00

 

7.20

Displaying a trade name on a memorial

$50.00

 

8.1

Unauthorised animal in cemetery

$50.00

 

8.2(1)

Connect to or alter or interfere with utility services

$50.00

 

8.3

Damage or removal of objects

$50.00

 

8.5

Littering

$50.00

 

8.6(1)

Place or display a sign or advertisement

$50.00

 

8.6(2)

Unauthorised advertising, and/or trading

$50.00

 

8.8

Disobeying sign or lawful direction

$50.00

 

Other Offence________________________________$__________________________

 

you may dispose of this matter:

By payment of the penalty as shown within 21 days of the date of this notice (or the date of the giving of this notice if that is a different date) to the Chief Executive Officer of the City of Busselton, 2 Southern Drive, Busselton WA 6280 between the hours of 9am to 4.30pm Monday to Friday.

 

Please make cheques payable to City of Busselton. Payments by mail should be addressed to:

 

            The Chief Executive Officer

            City of Busselton

            2 Southern Drive, Busselton WA 6280

 

If the penalty is not paid within the time specified, then a complaint of the alleged offence may be made and heard and determined by a court.

 

 

 

 


SCHEDULE 4

WITHDRAWAL OF INFRINGMENT NOTICE

(Clause 9.2(4))

 

No._______

 

_________________________________________________Date_____/______/_____

 

To (1)____________________________________________________________________

 

Infringement Notice No__________dated____/_____/_____for the alleged offence of (2)

 

______________________________________________________________________

 

Penalty (3)       $____________is withdrawn.

 

(Delete whichever does not apply)

*          No further action will be taken.

*          It is proposed to institute court proceedings for the alleged offence.

 

---------------------------------------------------------

 

(1)        Insert name and address of alleged offender.

(2)        Insert short particulars of offence alleged.

(3)        Insert amount of penalty prescribed.

 

___________________

(Authorised Person)

 

 

 

 

 

 

Dated [insert date]

 

The Common Seal of the City of Busselton was affixed under the authority of a resolution of Council in the presence of –

 

 

___________________________

GRANT DOUGLAS HENLEY, Mayor

 

 

____________________________

MICHAEL STEPHEN LEE ARCHER , Chief Executive Officer

 

 

 


Council                                                                                      87                                                          11 November 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   Planning Applications Received Between 1 and 15 October, 2015

Attachment b    Planning Applications Determined Between 1 and 15 October, 2015

Attachment c    Status of State Administrative Tribunal Appeals at 27 November, 2015

Attachment d   Letter of Appreciation - Busselton Croquet Club Inc

Attachment e    Letter of Appreciation- Cape Naturaliste College

Attachment f    Department of Mines and Petroleum - Guide of the Regulatory Framework for Shale and Tight Gas in Western Australia  

  

 

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    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 1 and 15 October, 2015.  Forty one formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 1 and 15 October, 2015.  A total of forty one applications (including subdivision referrals) were determined by the City during this period with forty approved / supported and one subdivision application not supported.

14.1.2    State Administrative Tribunal (SAT) Appeals

 

Attachment C is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 27 October, 2015.

 

14.1.3    Letter of Appreciation from Busselton Croquet Club Inc

 

Correspondence has been received from Busselton Croquet Club in appreciation of donated funds.

14.1.4    Letter of Appreciation from Cape Naturaliste College

 

Correspondence has been received from Cape Naturaliste College in appreciation of sponsorship.

14.1.5    Department of Mines and Petroleum - Guide of the Regulatory Framework for Shale and Tight Gas in Western Australia

 

The Guide of the Regulatory Framework for Shale and Tight Gas in Western Australia has been received from The Department of Mines and Petroleum and is available to view in the Councillors Office.

 

OFFICER RECOMMENDATION

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

·    14.1.1              Planning & Development Services Statistics

·    14.1.2              State Administrative Tribunal (SAT) Appeals

·    14.1.3              Letter of Appreciation from Busselton Croquet Club Inc

·    14.1.4              Letter of Appreciation from Cape Naturaliste College

·    14.1.5              Department of Mines and Petroleum - Guide of the Regulatory Framework                           for Shale and Tight Gas in Western Australia

 

 


Council

91

11 November 2015

14.1

Attachment a

Planning Applications Received Between 1 and 15 October, 2015

 


 


 


Council

93

11 November 2015

14.1

Attachment b

Planning Applications Determined Between 1 and 15 October, 2015

 


 


Council

97

11 November 2015

14.1

Attachment c

Status of State Administrative Tribunal Appeals at 27 November, 2015

 

 

 

APPEAL (Name, No. and Shire File Reference)

DATE COMMENCED

DECISION APPEAL IS AGAINST

RESPONSIBLE OFFICER

 

STAGE COMPLETED

NEXT ACTION AND DATE OF ACTION AS PER SAT ORDERS

DATE COMPLETED / CLOSED

Eichenberg vs City of Busselton

December 2014

Appeal against Section 214(2) and 214(3) Notices issued on 17 December 2014 for the removal of all illegal structures and cease the use of the land for raves and functions.

Jo Wilson/Cobus Botha

·      Mediation on 3 February 2015, the applicant has 30 days to provide the City with a Submission outlining his future uses of the land and the City has 14 days to respond

·      Mediation on 17 March 2015 which resulted in following orders being made:

¾    On or before 17 June 2015 the applicant to lodge a planning proposal that formalises the uses of the site and addresses all issues raised in items 1A and B of the 214(2) Direction.

¾    The planning application shall also deal with items 1.a and 1.b of the first schedule attached to the 214(3) Direction.

¾    As part of a complete mediated outcome the respondent will delete item 1c from the first

schedule of the 214(3) Direction.

¾    As part of a complete mediated outcome the applicant will, on or before 17 September 2015 comply with item 1.d in the first schedule of the 214(3) Direction.

¾    Prior to the next mediation the applicant will give serious consideration to engaging a planner or, if not, the applicant is to inform the City at least 1 week prior to the next mediation.

¾    At a meeting on the 22 April 2015 with the applicants planning consultant, it was agreed that a Fire Management Plan will be prepared and submitted to the City by 12 June 2015 and comments provided by the applicant on the draft consent orders.

·     Mediation on 23 June 2015, it was agreed that the City would provide comments on the Fire Management Plan and liaise with the applicants consultant to see if an agreement could be reached.

·     A revised Fire Management Plan has been received.

·      Mediation scheduled for 20 October 2015 (postponed pending comment from DFES)

 

Lee V’s City of Busselton

June 2015

Appeal against Demolition Order

James Washbourne/ Cobus Botha

·      Directions Hearing on 4 August 2015 it was agreed that mediation would commence end of August 2015.  Mediator understood City’s position and discussions took place on approximate timeframes for any building works to be undertaken on site.  It was agreed that the compliance matters for Spinnaker and Keel Retreat would be dealt with through the one process.

·      Mediation on 14 September 2015 it was agreed that the applicant would submit a revised building application within 3 months; within 4 months make a substantial start on the construction and within 12 months practical completion.

·      Mediation scheduled for 2 February 2016

 

 


Council

99

11 November 2015

14.1

Attachment d

Letter of Appreciation - Busselton Croquet Club Inc

 


Council

97

11 November 2015

14.1

Attachment d

Letter of Appreciation - Busselton Croquet Club Inc

 


Council

101

11 November 2015

14.1

Attachment e

Letter of Appreciation- Cape Naturaliste College

 


 


Council

103

11 November 2015

14.1

Attachment f

Department of Mines and Petroleum - Guide of the Regulatory Framework for Shale and Tight Gas in Western Australia

 


 

 


Council                                                                                      105                                                       11 November 2015

15.             Motions of which Previous Notice has been Given

Nil  

16.             Confidential Reports  

Nil

17.             Questions from Members  

18.             Public Question Time

19.             Next Meeting Date

25 November 2015

20.             Closure