Council                                                                                      1                                                                24 February 2016

14.             Chief Executive Officer's Report

14.1           PROPOSED REVISED BUSSELTON FORESHORE MASTERPLAN AND PROPOSED MODIFIED BUSSELTON FORESHORE STRUCTURE PLAN - CONSIDERATION AFTER PUBLIC CONSULTATION

SUBJECT INDEX:

Busselton Foreshore Masterplan

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Major Projects

ACTIVITY UNIT:

Major Projects

REPORTING OFFICER:

Major Projects Officer - Mersina Robinson

Strategic Projects Officer - Tracey King

Principal Strategic Planner - Louise Koroveshi

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Revised Busselton Foreshore Masterplan

Attachment b    Endorsed Busselton Foreshore Development Guide Plan

Attachment c    Proposed Modifed Busselton Foreshore Structure Plan

Attachment d   Public Consultation Proposed Revised Busselton Foreshore Masterplan  

  

PRÉCIS

 

The Council is requested to formally adopt the revised Busselton Foreshore Masterplan following community consultation. Minor modifications to the endorsed Busselton Foreshore Development Guide Plan are also proposed that reflect the changes to the revised Busselton Foreshore Masterplan.

 

Community consultation on proposed revisions to the Busselton Foreshore Masterplan ended on 31 January 2016 and based on feedback received, it is considered that there is broad community support. Proposed modifications to the Busselton Foreshore Development Guide Plan are minor and advice received from the Western Australian Planning Commission confirms that advertising can be waived.

 

Officers are recommending that: the revised Busselton Foreshore Masterplan be adopted; and that the proposed modified Busselton Foreshore Structure Plan be referred to the Western Australian Planning Commission for endorsement, without modification.

 

BACKGROUND

 

Busselton Foreshore Masterplan

 

The proposed revisions to the Busselton Foreshore Masterplan (BFMP) are required in order to provide an alternative strategy for the Council to deliver the remainder of the redevelopment in a timely and cost effective manner (as referenced in the report presented to Council at its 9 December Meeting - Item 15.1).

 

Proposed modifications to the BFMP are:

 

·    Realignment of Foreshore Parade West around the Busselton Tennis Club;

·    Deferment of the relocation of the Busselton Tennis Club to the Barnard Park Active Sport Precinct (in the short term) to enable fast tracking of redevelopment of the Central Core Activities Precinct;

·    Reduced commercialisation of the Foreshore; and

·    Provision for more car parking.

 

Busselton Foreshore Development Guide Plan

 

The current Development Guide Plan (DGP) was adopted by the Council in October 2014 and subsequently endorsed by the WA Planning Commission in November 2014 (Attachment B). Proposed modifications to the DGP are:

 

·    Realignment of Foreshore Parade West around the Busselton Tennis Club;

·    A reduction in the number of sites identified for tourist accommodation and supporting commercial land uses from 5 to 4, with a net floorspace reduction of 1,619m2;

·    Provision for additional car parking; and

·    Minor updates to the text to ensure consistency of the nomenclature of the DGP with the Planning and Development (Local Planning Schemes) Regulations 2015 (i.e. DGPs are now called Structure Plans).

 

The proposed modified Busselton Foreshore Structure Plan is provided at Attachment C.

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment with respect to this proposal are set out in the relevant objectives, policies and provisions of the City of Busselton Local Planning Scheme 21, the Planning and Development (Local Planning Schemes) Regulations 2015 and the Land Administration Act 1997

 

The Department of Lands has advised that the proposed modifications will not affect the land rationalisation process, as the intent of the adopted BFMP is not being materially altered.

 

The Department of Planning has confirmed that corresponding changes to the endorsed Busselton Foreshore Structure Plan are also required and subsequent approval from the Western Australian Planning Commission. This will follow consideration and adoption of the revised BFMP and Busselton Foreshore Structure Plan by the Council.

 

Pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015, a structure plan may be amended by the WAPC at the request of the local government.  The Regulations also provide scope for an amendment to a structure plan not to be advertised, if in the opinion of the local government and the WAPC, the amendment is of a minor nature. In this case the Department of Planning/WAPC has agreed that advertising of the modified Structure Plan can be waived.

 

RELEVANT PLANS AND POLICIES

 

The key policies relevant to the proposal are the Busselton Foreshore Masterplan and the Busselton Foreshore Development Guide Plan.  Each is addressed below under appropriate subheadings.

 

Busselton Foreshore Masterplan

 

The BFMP is a strategic document that provides detailed guidance for the planning and land use of the Busselton Foreshore extending between King Street and Ford Road and has been prepared in parallel with Amendment No.173 to the City’s previous District Town Planning Scheme No. 20. The amendment rezoned the Site to ‘Special Purposes (Busselton Foreshore)’ to facilitate the redevelopment consistent with the Masterplan.

 

Busselton Foreshore Development Guide Plan

 

The endorsed Busselton Foreshore DGP relates to the ‘Special Purposes (Busselton Foreshore)’ zone that extends from West Street to Geographe Bay Road. The DGP provides guidance on land use, building heights and floor areas that reflect the BFMP.

 

FINANCIAL IMPLICATIONS

 

The financial implications as a result of adopting a revised BFMP have previously been detailed in a funding strategy for the foreshore redevelopment, as presented in Item 15.1. at the 9 December 2015 Council meeting .

 

At that time, the City was awaiting advice on the success or otherwise of an application to Royalties for Regions Growing the South fund for a $4.5 million contribution towards the Hotel - Short Stay Tourism Accommodation Precinct. To date, no announcement has been made with regards to this funding.

 

Officers continue to identify external funding sources to contribute towards this project and an application will be submitted to the Australian Government National Stronger Regions Fund, Round 3, for a $3 million investment towards the redevelopment of the Centre Core Activities Precinct. Applications for this program close on the 15 March 2016 with announcements anticipated July 2016.

 

In the event that one or both of these applications are not successful, Council will have the option to revisit the foreshore funding strategy and at that time determine if these works will be deferred until such time as another opportunity for funding is identified, or reallocate funding timelines. 

 

There are no implications identified for proceeding with the modified Busselton Foreshore DGP, given the proposed amendments are considered minor and advertising is not required.

 

Long-term Financial Plan Implications

 

Provisional allocations for future development of the foreshore have been incorporated into the City’s LTFP which currently includes the $7.5 million in from external funding sources. The City’s contribution for the finalisation of the project, anticipated at this stage to be completed in 2021, is approximately $15.71 million which is comprised of $12 million of borrowings and $3.7 million of municipal funds.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The City of Busselton Strategic Community Plan 2013 (adopted by Council 27 February 2013, reviewed April 2015) identifies the following community objectives relevant to the Busselton Foreshore Development:

 

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

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

 

The Busselton Foreshore Project has been identified previously as the City’s highest “local” priority project by the Council.

RISK ASSESSMENT

 

The risks for adopting a revised BFMP have previously been identified as reputational;  should the revised plan not meet the needs of user groups of the foreshore; political, should community perception be that the revised plan does not reflect aspirations of the community at large; and financial; in that any decision relating to an alternate funding and delivery strategy for this multi-million dollar project carries a financial risk.

 

Comprehensive stakeholder consultation and widespread community information and advertising has been undertaken to mitigate associated reputational and political risks.  Financial risk has been mitigated to some degree by careful consideration of alternative funding and delivery options for the remainder of the redevelopment works, with identification of and applications to external funding programs, and allocations in the City’s Long Term Financial Plan.

 

CONSULTATION

 

Preliminary consultation with key stakeholders and user groups regarding the proposed modifications to the BFMP commenced in November 2015, prior to the revised plan being presented to Council. Communication with these specific groups, which includes South West Development Commission, Busselton Tennis Club, Busselton Croquet Club, Barnard Park User Group and past members of the Busselton Foreshore Reference Group (BFRG) has been ongoing.

 

The lessees of The Goose, Equinox and proponents for the future family restaurant/microbrewery were individually contacted. Letters of support have been received from all three proprietors for the redevelopment of the Central Core Activities Precinct in accordance with the revised Masterplan to support the City’s application to NSRF; subject to Council adoption of the plan.  Letters of support have also so far been supplied from Cinefest Oz, (and in train from) BJECA, MRBTA and Tourism WA.

 

Discussions continue with sporting groups regarding the future development of club facilities within the Barnard Park Sporting Precinct, allowing the City to work with relevant clubs to progress to more detailed design.

 

Advertising for broad public feedback for the revised BFMP commenced soon after the 9 December 2015 Council decision. This consisted of the information being made available on the City’s external website, advertising in 30 December 2015 and 13 January 2015 editions of “Council for Community” and prominently featured in a two page feature focusing on the City’s Major Projects in the 27 January 2015 edition of the Busselton Dunsborough Mail (Attachment D outlines the consultation programme undertaken).

 

Additionally, information was prominently displayed at the City’s Customer Information Centre (CIC) and both Busselton and Dunsborough Libraries. The CIC and Library staff report that there has been interest in the static displays and information flyers with only one query fielded in relation to proposed additional parking.

 

To date, one email has been received, querying detail on the proposed elements of the children’s play areas and generally congratulatory of the works completed to date.

 

No other correspondence has been received by the City; however Officers have taken note of a letter published in the local press questioning the reduction for commercial opportunity on the Foreshore.

 

On 19 January 2016, staff briefed representatives from the Department of Lands (DoL) regarding the proposal to proceed with a modified BFMP after consideration of public feedback. Representatives from DoL could foresee no issue with the proposal in relation to the land rationalisation processes or existing agreements and were in principle supportive of the rationale and modifications.

The Department of Planning has advised that advertising the proposed modified Busselton Foreshore Structure Plan can be waived because there is seen to be broad community support for the revised BFMP and the changes to the structure plan reflect the mooted changes to the masterplan.

 

OFFICER COMMENT

 

The proposed modifications to the BFMP have been advertised in a variety of ways to ensure comprehensive consultation with key stakeholders and the wider community. As a result of feedback received, it is considered that there is broad community and key stakeholder support for the proposal.

 

Minor modifications to the endorsed Busselton Foreshore Development Guide Plan are also proposed that reflect the changes to the revised Busselton Foreshore Masterplan and the Planning and Development (Local Planning Schemes) Regulations 2015. The Department of Planning/WAPC has agreed with the City’s position that advertising of the proposed modified Busselton Foreshore Structure Plan can be waived because the amendments are minor and consistent with changes to the Busselton Foreshore Masterplan which have the broad support of the community.

 

CONCLUSION

 

Officers are recommending that the revised Busselton Foreshore Masterplan be adopted and the proposed modified Busselton Foreshore Structure Plan be referred to the Western Australian Planning Commission for endorsement.

 

OPTIONS

 

Should the Officer Recommendation not be supported, the following options could be considered –

 

1.            Seek further information on any particular matter before making a decision.

 

2.            Resolve to adopt the proposed revised Busselton Foreshore Masterplan and proposed    modified Busselton Foreshore Structure Plan, subject to further modification(s).

 

The assessment did not reveal any substantive issue or reasonable grounds that would support either option.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the Officer Recommendation will involve the provision of advice of the Council resolution to the Western Australian Planning Commission.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    adopts the revised Busselton Foreshore Masterplan shown at Attachment A.

 

2.    recommends that the Western Australian Planning Commission approves the proposed modified Busselton Foreshore Structure Plan (Attachment C) without modification(s).

 


Council

7

24 February 2016

14.1

Attachment a

Proposed Revised Busselton Foreshore Masterplan

 


Council

7

24 February 2016

14.1

Attachment b

Endorsed Busselton Foreshore Development Guide Plan

 

 

 



Council

9

24 February 2016

14.1

Attachment c

Proposed Modifed Busselton Foreshore Structure Plan

 


Council

9

24 February 2016

14.1

Attachment d

Public Consultation Proposed Revised Busselton Foreshore Masterplan

 

Revised Busselton Foreshore Masterplan, January 2016 Communication Plan for Public Feedback

 

1. Directly Informing Key User Groups and Stakeholders:

Organisation

Date

Method

Comment

Busselton Foreshore Reference Group past members –

·    BJECA

·    BCCI

·    BaDRA

·    MRBTA

·    SWDC

9 November 2015

Meeting

Face to face meeting to explain proposed modifications to BFMP. Advice re proposed Council agenda item

1 December 2016

Email

Follow up to meeting with a copy of revised plan.

12 January 2016

Email

Advice re Council decision and invitation for feedback on revised Master Plan. Request for letters of support towards NSRF Round 3 Central Core Activities Precinct

Busselton Tennis Club

10 November 2015

Meeting

Face to face meeting to explain proposed modifications to BFMP. Advice re proposed Council agenda item

6 January 2016

Letter

Advice re Council decision and invitation for feedback on revised Master Plan.

Croquet Club

10 November 2015

Meeting

Face to face meeting to explain proposed modifications to BFMP. Advice re proposed Council agenda item

11 January 2016

Letter

Advice re Council decision and invitation for feedback on revised Master Plan.

Barnard Parks User Groups

·    Cricket

·    Soccer

·    Rugby

·    Fire Running Track

23 November 205

 

 

Meeting

Face to face meeting to explain proposed modifications to BFMP. Advice re proposed Council agenda item

23 December 2015

Meeting

Verbal follow up after Council decision 9 Dec 2015. A follow up meeting was then held with the users to discuss in more detail on 23 December 2015

Busselton Jetty Environment Conservation Association (BJECA)

21 January 2016

Email

Advice re Council decision and invitation for feedback on revised Master Plan. Request for letters of support towards NSRF Round 3 Central Core Activities Precinct

Busselton Chamber Commerce

21 Jan 2016

Email

Sent an email with advising of Council decision and a briefing paper regarding proposed upgrade to Central Core Activities Area with a request for feedback.

Department of Lands - Ron Pumphrey and Kevin Harrison

19 January 2016

Meeting

Briefing regarding revised Masterplan. Ron said they have no issue with planned won’t interfere with processes for the reserve rationalisation or agreements in place.

WA Planning Commission

 

Telephone

Confirmed that the Busselton Foreshore Structure should be modified to reflect changes to the Busselton Foreshore Masterplan but because the proposed modifications are minor, advertising can be waived.

 

Equinox Cafe

11 January 2016

 

Email

Email to proprietor regarding proposed modification to BFMP and invitation to comment.

Tourism WA

 

Telephone

 

Advice received indicating broad support.

The Goose Café

19 January 2016

Email

Email to proprietor regarding proposed modification to BFMP proprietors for NSRF, R3

Microbrewery Proponents

11 January 2015

Email

Letter of Support received from proponents.

 

2. Static Displays: CIC, Libraries 7.1.15

·    Revised masterplan

·    Central Core Activities Precinct

·    Flyers - Overview of proposed changes

 

 

 

3. Council for Community advertising: 30.12.15  &  13.1.16

 

4. Busselton - Dunsborough Mail, 27 January 2016 - 4 page Wrap

 

5. Website: Latest News and Major Projects Pages

 

6. Feedback Received:

Organisation

Date

Method

Comment

BJECA

22 January 2016

Email

Advice that BJECA will provide a LoS for NSRF application.

Cinefest Oz

20 January 2016

Email

Letter of support received from Cinefest Oz Central Core NSRF

 

Helen Shervington-(Busselton Foreshore Reference Group)

12 January 2016

Email

Acknowledgement of email advice re revised plan.

Equinox Café

19 January 2016

Email

Acknowledgement from Peter Gordon of email advice re revised plan.

 

The Goose Café

18 January 2016

Email

Letter of support received from proprietors for NSRF R3

 

Family Restaurant / Microbrewery Proponents

15 January 2016

Email

Letter of Support received from Matt Credaro for NSRF R3.

 

Margaret River Busselton Tourism Association

18 January 2016

Email

Response that plan looks good and no questions from MRBTA.

 

Community Members-

 

 

 

 

1.    Renee Mott

27 January 2016

Email

Reponses to Wrap advert: email generally pleased with development, but questioning locations of playgrounds and if fencing is proposed around any.

2.    Martin Watkins

3 Feb 2016

BD Mail Letter to Editor

Commenting on the proposed reduction of commercial development and perceived restrictions on building on Foreshore.