Policy and Legislation Committee                                  1                                                                27 February 2018

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

CITY OF BUSSELTON

MINUTES FOR THE Policy and Legislation Committee MEETING HELD ON 27 February 2018

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 2

2....... Attendance. 2

3....... Public Question Time. 2

4....... Disclosure Of Interests. 2

5....... Confirmation Of Minutes. 3

5.1          Minutes of the Policy and Legislation Committee Meeting held 1 February 2018. 3

6....... Reports. 4

6.2          PUBLIC ARTWORK POLICY. 4

6.3          STANDING ORDERS LOCAL LAW... 13

7....... General Discussion Items. 91

6....... Reports. 92

6.1          LOCAL PLANNING POLICY - HOLIDAY HOMES. 92

8....... Next Meeting Date. 105

9....... Closure. 105

 


MINUTES

 

MINUTES OF A MEETING OF THE Policy and Legislation Committee HELD IN the Committee Room, Administration Building, Southern Drive, Busselton, ON 27 February 2018 AT 2.00pm.

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 2.02pm

2.               Attendance 

Presiding Member:

 

Members:

 

Cr Grant Henley     Mayor

Cr Ross Paine

Cr Lyndon Miles

Cr Rob Bennett (left the meeting at 3.02pm)

Cr Kelly Hick (left the meeting at 3.02pm)

 

Officers:

Mr Paul Needham, Director, Planning and Development Services (2.13pm entered the meeting)

Mr Cliff Frewing, Director, Community and Commercial Services (2.13pm entered the meeting)

Mr Tony Nottle, Director, Finance and Corporate Services

Mr Andrew Watts, Senior Development Planner

Ms Briony McGinty, Legal Officer  (left the meeting at 2.36pm)

Miss Kate Dudley, Administration Officer, Governance

 

Apologies

Nil

 

3.               Public Question Time  

Nil

4.               Disclosure Of Interests

The Presiding Member  noted that a declaration of financial interest had been received from Cr Kelly Hick and Cr Robert Bennett in relation to agenda item 6.1 Local Planning Policy - Holiday Homes.              

 

The Presiding Member advised that in accordance with the Local Government (Rules of Conduct) Regulations 2007 these declarations would be read out immediately before Item 6.1 was discussed.

 

The Presiding Member advised that due to the interests disclosed above, that the Committee will consider item 6.1 out of sequence to facilitate discussion on all items within the agenda prior to Cr. Hick’s and Cr. Bennett’s departure from the meeting.

 

 

 

5.               Confirmation Of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 1 February 2018

COMMITTEE RECOMMENDATION

PL1802/177            Moved Councillor K Hick , seconded Councillor R Paine

That the Minutes of the Policy and Legislation Committee Meeting held 1 February 2018 be confirmed as a true and correct record.

CARRIED 5/0

 


Policy and Legislation Committee                                  6                                                                27 February 2018

 

6.2             PUBLIC ARTWORK POLICY

SUBJECT INDEX:

Policies, Plans and Procedures

STRATEGIC OBJECTIVE:

A community with access to a range of cultural and art, social and recreational facilities and experiences.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Attachment A - Table of Submissions Public Artwork Policy

Attachment b    Attachment B - Public Art Policy showing changes  

  

PRÉCIS

 

The purpose of this report is to seek Council’s approval for the Public Artwork Policy (PAP) which will facilitate the management of outdoor sculptures (Public Artwork Collection) in public places. The draft Policy was considered by the Policy and Legislation Committee at its Meeting on 30th November 2017 when it was adopted for the purposes of public comment.

 

BACKGROUND

 

The importance of public artwork is widely acknowledged to reflect the cultures and lifestyles of a community, create a sense of place, add vibrancy to a public area and allow people to engage on many different levels. Public Artwork is defined as outdoor artwork located in public places and  includes sculptures,  bespoke street furniture, and monuments or memorials as distinct from the Art Collection which refers specifically to artwork that is on display or in storage and owned by the City.

The principles of the City’s Public Artwork Policy are to:

·    promote civic, community and cultural identity by introducing public artworks which makes streets, open spaces and buildings more locally distinctive;

·    enhance the sense of place by encouraging public  art forms which reinforce and highlight early settlement and Aboriginal history, cultural heritage and contemporary life;

·    encourage community reflection, inspiration, celebration and well-being;

·    improve visual amenity and the appearance of places by using public art to screen unattractive views and add interest;

·    support regional art production where possible by contracting locally-based artists to create artworks;

·    encourage the use of a diverse range of traditional and contemporary media and technologies; and

·    recognise the importance of the role of art in public places.

 

The draft Policy was considered by the Policy and Legislation Committee at its Meeting on 30th November 2017 when the Committee adopted the following:

 

That the Council:

1.    approves the advertising of the Public Art Policy for a period of 21 days for public comment and adopts the Policy subject to no adverse comments being received;

2.    reviews the Public Art Policy in 12 months time.

 

This report outlines the public comment process and identifies minor changes to the policy considered in November 2017.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995, it is the role of the Council to determine the local government’s policies. The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

Local Government (Financial Management) Regulations amended 1 July 2012 mandates the valuation of non-current assets at Fair Value.

RELEVANT PLANS AND POLICIES

 

Public Artwork plays a key role in delivering the City’s Social Plan 2015 – 2025 in providing a welcoming community with vibrant and attractive places and spaces where local heritage and culture is valued. In particular the Social Plan 2015-2025 identifies the need to facilitate the development of arts and culture by the continued implementation of the Cultural Plan and Local Cultural Planning Strategy (LCPS).

 

The City of Busselton adopted the LCPS in August 2011.  The aim of the strategy is to conserve the key cultural elements of the City’s towns and rural areas and to maintain these elements over time.

The City’s Cultural Plan was adopted in 2005 and provides recommendations on the future directions of arts and culture in the City of Busselton and encourages the development of a collective community cultural vision and plan.

 

Developer Contribution Policy: 6B Percent for Art Provisions require eligible development proposals to provide public artworks on the site of development or on crown land immediately adjacent to the site, in a location approved by the City.

 

FINANCIAL IMPLICATIONS

 

Acquisitions

Currently the City commissions public artworks on a case by case basis.  Others are funded through external funding and community or corporate contributions.

Maintenance

The current annual maintenance cost of public artworks is difficult to ascertain as it is not separately costed.  It is estimated that costs range from $4,000 to $15,000 per annum, or an average of $7,000 per annum is spent each year on what is largely reactive maintenance. It is therefore recommended a separate, annual Public Artwork Maintenance budget of $10,000, is established from the 2018/19 financial year budget. This asset maintenance budget is regarded as small in comparison to other maintenance programs within the City.

Valuation and Condition Assessment

A Valuation and Condition Assessment Report of the City’s Art Collection  is undertaken every three years by a professional consultant  The report ascertains maintenance requirements including if the art needs priority attention, conservation or remedial works or needs to be removed and provide a more accurate valuation. To date the City’s Public Artwork Collection has not been valued.

The most recent Art Collection valuation was completed in 2016 at a cost of $3,950 and the next is scheduled for 2019. A Valuation and Condition Assessment Report for the Public Artwork Collection has been quoted at $3,900. A discounted rate is available if both the Art Collection and the Public Artwork Collection are undertaken at the same time with the combined cost estimated to be $7,215.

As such, it is recommended that an arts specialist/consultant be engaged to undertake a Valuation and Condition Assessment Report for both Public Artwork and Art Collection in 2018/19 financial year and every three (3) years thereafter.

Long-term Financial Plan Implications

 

It is recommended that an annual budget of $10,000 per annum is implemented for maintenance of the Public Artwork Collection.

It is recommended that the next Valuation and Condition Assessment  Report commissioned includes both the Public Artwork Collection and the Art Collection, and that it is undertaken in 2018/19 financial year with an  additional budget allocation for the Public Artwork Collection component of an estimated $3,265,  and every three (3) years thereafter at an estimated combined cost of $7,215.

STRATEGIC COMMUNITY OBJECTIVES

 

This policy is consistent with fostering the following strategic objective:

Key Goal Area 1 Community

 

1.3          A community with access to a range of cultural and art, social and recreational facilities and experiences.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation have been undertaken using the City’s risk assessment framework, and no  risks were identified where the residual risk, once controls are considered, is medium or greater.

CONSULTATION

 

The PAP was open to public comment for a period of 21 days from 20 December 2017 to 12 January 2018. It was advertised in the Busselton Dunsborough Mail on the 20 and 27 December 2017 and 3 January 2018 and emailed to artists and relevant community groups so that they were fully informed of the draft policy.

 

OFFICER COMMENT

 

The PAP was developed as the City has seen an increasing growth in the sculptures in the Public Artwork Collection it has acquired in numerous ways including: commissions, developer contributions, donations, loans, prizes and community art projects. The City is required to manage and control public artworks which are located on City owned or managed properties and public spaces.  The PAP provides guidance on the lifecycle of artwork across the following areas:

·    Acquisition

·    Consultation

·    Maintenance

·    Deaccessioning

·    Responsibilities

 


 

Five submissions were received from the Public Consultation period see Attachment A:  Table of Submissions Public Artwork Policy. All submissions were generally supportive of the PAP, and offered recommendations that led to the following changes in the Policy:

 

i)             Definition of Artist to allow emerging artists works to be acquired;

ii)            Definition of street furniture altered so commissioned works are considered to be Public Art; and

iii)           Inclusion of signage on artworks.

 

In addition, a slight change has been made to the name and contents of the policy where reference to the word “Art” has changed to “Artwork”.

 

These suggestions have now been incorporated in the revised draft policy which is shown at Attachment B.

 

CONCLUSION

 

Officers recommend that the updated Public Artwork Policy is adopted by Council and an annual allocation of $10,000 and a 3 yearly allocation of $7,200 (exclusive of GST) are included from the 2018/19 budget to implement an asset maintenance program and Public Artwork Collection and Art Collection Valuation  and Condition Assessment.

OPTIONS

 

The City can continue to accept artworks on a case by case basis without a recognised process or policy and continue to provide a more reactive approach to the maintenance of its public artwork infrastructure.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following Council approval, the PAP can be adopted immediately and finances included in the 2018/19 budget development process.

 

COMMITTEE RECOMMENDATION AND AMENDED OFFICER RECOMMENDATION

PL1802/179            Moved Councillor R Paine, seconded Councillor K Hick

 

That the Council:

 

1.            Approves the Public Artwork Policy as shown in Attachment B;

2.            Considers as part of the 2018/2019 budget adoption an allocation of $10,000 for an annual                 maintenance program; and

3.            Considers as part of the 2018/2019 budget adoption an allocation of $7,200 for a Public Artwork Collection and Art Collection Valuation and Condition Assessment Report.

CARRIED 5/0

 

 

2.13pm                    At this time the Director of Community and Commercial Services and the Director of        Planning and Development Services entered the meeting.


Policy and Legislation Committee

8

27 February 2018

6.2

Attachment b

Attachment B - Public Art Policy showing changes

 


 


 


 


 


Policy and Legislation Committee                                  17                                                             27 February 2018

6.3             STANDING ORDERS LOCAL LAW

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Officer - Briony McGinty

AUTHORISING OFFICER:

Director, Community and Commercial Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Local Law marked up

Attachment b    Local Law for gazettal  

  

PRÉCIS

 

Council previously resolved to authorise the preparation and advertising of the proposed City of Busselton Standing Orders Local Law 2018 (Proposed Local Law). The purpose of this report is for Council to consider submissions received in relation to the Proposed Local Law and to consider whether to make the Proposed 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 Local Law.

 

BACKGROUND

 

Council resolved at its meeting on 11 October 2017:

 

That the Council:

 

(1)  That the Council commences the law-making process, for the City of Busselton                     Standing Orders Local Law 2017,the purpose and effect of the local law being as                        follows:

 

                                                  Purpose: The purpose of the proposed local law is to provide for the orderly         conduct of the proceedings and business of the Council.

 

Effect: The effect of the proposed local law is that all Council meetings, committee meetings, and other meetings as described in the Act, shall be governed by the proposed local law unless otherwise provided in the Act, regulations or other written law.

 

(2)       That the Council authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act, by –

 

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

(ii)       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, submits 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 Local Law was published for public comment and a copy given to the Minister for Local Government. No public submissions, other than from the Western Australian Local Government Association (WALGA), have been received. The response from the Department of Local Government (DLG) and WALGA are discussed under the OFFICER COMMENT section of this report.

 

The advice and comments received from DLG and WALGA resulted in minor changes being made to the original version of the local law which was presented to Council at its 11 October 2017 meeting.  These changes, which are discussed in more detail under the OFFICER COMMENT section of this report, do not cause the Proposed Local Law to be significantly different from what was originally proposed. Therefore, the Proposed Local Law is now referred back to Council to consider these minor changes and to resolve whether or not to make the Proposed Local Law. 

 

STATUTORY ENVIRONMENT

 

Section 3.5 of the Act provides Council with the head of power for making a standing orders local law.

 

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. Under 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 Council. 

 

If Council resolves to make the Proposed 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. 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.

 

RELEVANT PLANS AND POLICIES

The City has adopted a Code of Conduct to be observed by Council members in accordance with Section 5.103(1) of the Act.

The policy ‘005 - Meetings, Information Sessions and Decision-making Processes’ sets out the guidelines for provision of information to Councillors and the Council and other matters relating to the various forums utilised.

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the Proposed 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 Local Law should not have any other financial implications for the City.

 

 

Long-term Financial Plan Implications

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposal aligns with Key Goal Area 6 of the City of Busselton Strategic Community Plan 2017 as follows:

 

6.1 Governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

The proposed local law does not involve major departures from current practices and is therefore considered low risk.

 

CONSULTATION

 

The Proposed 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, other than from WALGA, to be discussed under OFFICER COMMENT below.

 

In accordance with section 3.12(3)(b) of the Act a copy of the proposed local law was forwarded for consideration and comment to the Minister for Local Government.  The DLG responded on behalf of its Minister and suggested various minor changes to the Proposed Local Law. Most of these changes, which are dealt with in more detail in the OFFICER COMMENT section of this report, have been implemented. 

 

OFFICER COMMENT

 

Various minor changes have been made to the Proposed Local Law which can be seen in the marked-up version in Attachment 1.  More substantive changes are discussed below.

 

Department of Local Government

The DLGC recommended changing the wording of certain clauses of the Proposed Local Law. These changes, which are aimed at avoiding potential ambiguity of certain terms and expressions used in the local law and ensuring consistency with current parliamentary requirements, have subsequently been made to the original version of the proposed local law. They include the following:

 

1.    Clause 5.3 – Announcements without discussion

The Joint Standing Committee on Delegated Legislation (JSC) has occasionally raised issues with these kinds of clauses. As a general rule, the JSC is concerned with clauses which state that announcements are not to be the subject of any debate or discussion. If an important announcement is made, this restriction might hinder the Council’s ability to deal with an important matter. Paragraph (c) has been amended as follows:

“not to be the subject of any discussion, unless the Council resolves otherwise”.

 

2.    “Objectionable”

The term ‘objectionable’ is used in clauses 8.16(3), 8.17(b) and 9.2(2)(b). The DLG considered the term potentially vague and suggested replacing ‘objectionable’ with ‘insulting’ to ensure it is precise as well as consistent with clause 8.9(2)(a)(i).

 

 

WALGA

WALGA provided comment to the City for consideration based on their experience in preparing the WALGA model local law.

 

1.    Clause 5.9 - Urgent Business

WALGA considered the provisions relating to urgent business to be quite onerous compared to the WALGA model. However, it is considered the provisions are appropriate. If necessary, an appropriate resolution to suspend the standing orders can be made. Accordingly, the recommendation is to retain the clause in the Proposed Local Law.

 

2.    Clause 5.10 - Adoption by Exception Resolution

WALGA also queried the effect of clause 5.10(5) which requires a member who wishes to move a motion different to a recommendation that would otherwise be within an adoption by exception resolution to comply with certain criteria. Whilst acknowledging the importance of having time to consider matters thoroughly, this clause was considered to potentially limit opportunities for elected members to participate in decision-making. Accordingly, the clause has been amended to a requirement that members “should, as far as practicable” rather than “must” comply with those criteria. In considering the amendment, a further provision has been included which ensures the CEO has the ability to comply with his requirements under section 5.41(b) of the Act regarding provision of information and advice to members.

 

Officer Changes

1.    Clause 5.8 – Motions of which previous notice has been given

The current standing orders provide NOMs must be given with 21 days’ notice. The model requires only 7 days. The local law that originally went to Council recommended the City move to 7 days. However, there was concern amongst Councillors that the limited timeframe could be used by Councillors to issue NOMs when they were aware other Councillors with contrary views would be on leave. The version which was adopted for advertising provided for 21 days.

 

Further consideration has been given to the matter and, in line with the model, it is considered that those concerns need to be weighed against the ability for Councillors to be readily responsive to constituent needs. It is recommended that 10 clear days will allow a matter to be raised after a Council meeting and dealt with at the following meeting.

 

In terms of Section 3.13 of the Act if, during the procedure for making a proposed local law, Council decides to make a local law that would be significantly different to what it first proposed, the law making process has to be recommenced.  It is considered that the abovementioned modifications to the original version of the Proposed Local Law will add clarity to the text of the proposed local law, ensure consistency with relevant legislation and avoid any concerns which parliament may have had with the wording of the original version.  These modifications do not change the purpose, intent and effect of the original version of the Proposed Local Law.  Therefore the Proposed Local Law is not considered to be significantly different from what was first proposed.

 

CONCLUSION

 

The Proposed Local Law incorporates improvements to the current local law based on the new WALGA model, other local governments which have recently updated their standing orders, and includes other changes deemed suitable specifically for the City of Busselton.

 

For these reasons it is recommended that the Council make the Proposed Local Law, as found in Attachment 2.

 

OPTIONS

 

In addition to the Officer’s recommendations (as per Officer Recommendations 1 and 2), the Council has the following alternative options regarding standing orders:

 

Option 1

                                              

Not to proceed with the local law-making process and rely on the current local law to regulate meeting procedures. However, certain provisions have been identified as in need of change, for example in relation to “En Bloc” resolutions, and it is recommended to update and improve the current local law for the reasons stated in the report.

 

Option 2

 

Council could choose to vary the provisions of the Proposed Local Law in any number of ways. If any changes are of a significant nature the amended proposed local law would need to be re-advertised.

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

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

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

PL1802/180            Moved Councillor R Paine, seconded Councillor K Hick

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council:

 

1.         1.            Resolves to make the City of Busselton Standing Orders Local Law 2018 in accordance with            section 3.12(4) of the Local Government Act 1995.

 

1.         2.            Authorises the Chief Executive Officer to carry out the processes required to make the City of       Busselton Standing Orders Local Law 2018 in accordance with section 3.12(5) and section   3.12(6) of the Local Government Act 1995.

 

CARRIED 5/0

 

Note:                        Three amendments were made to attachment A  these include the year being amended from      2017 to 2018, updating the numbering for 11.9 and adding the words “in accordance with”        these changes have been included in attachment A shown below.

 

2.36pm                    At this time the Legal Officer left the meeting .


Policy and Legislation Committee

54

27 February 2018

6.3

Attachment a

Local Law marked up

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

90

27 February 2018

6.3

Attachment b

Local Law for gazettal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


 


Policy and Legislation Committee                                  104                                                           27 February 2018

7.               General Discussion Items 

Cr Paine provided the Councillors with a draft/proposed Policy for Native Tree Removal. It was agreed that Cr Paine would provide the draft Policy to the Director of Planning and Development Services and that his team would then provide a report to the Policy and Legislation Committee at a future meeting.

6.               Reports

6.1             LOCAL PLANNING POLICY - HOLIDAY HOMES

SUBJECT INDEX:

Development Control Policy

STRATEGIC OBJECTIVE:

Planning strategies that foster the development of healthy neighbourhoods that meet our needs as we grow.

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Development Services

REPORTING OFFICER:

Senior Development Planner - Andrew Watts

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Existing Local Planning Policy 7C Holiday Home Provisions

Attachment b    Advertised Holiday Homes Local Planning Policy

Attachment c    Proposed 7C Holiday Home Provisions

Attachment d   Planning Bulletin 99

Attachment e    Schedule of Submissions - Revised Holiday Homes LPP  

  

DISCLOSURE OF INTEREST

Date

27 February 2018

Meeting

Policy and Legislation Committee

Name/Position

Kelly Hick, Councillor

Item No./Subject

6.1 Local Planning Policy - Holiday Homes

Type of Interest

Financial Interest

Nature of Interest

I am the owner/manager of a tourism accommodation business, Dunsborough Ridge Retreat and the changes to the proposed Policy could reasonably have a potential impact on my income from this business

 

DISCLOSURE OF INTEREST

Date

27 February 2018

Meeting

Policy and Legislation Committee

Name/Position

Robert Bennett, Councillor

Item No./Subject

6.1 Local Planning Policy - Holiday Homes

Type of Interest

Financial Interest

Nature of Interest

I live on a property that has guest accommodation

 

3.02pm                 At this time Cr Hick and Cr Bennett left the meeting.

 

PRÉCIS

 

As a part of the review of the City’s planning framework, it has previously been identified that a review of the current City of Busselton Local Planning Policy 7C Holiday Homes Provisions (LPP 7C) is appropriate.

 

A revised Policy was presented to the Policy and Legislation Committee at its meeting of 17 August 2017 and then to Council at its meeting held on 13 September 2017.  Council’s approval was granted; to advertise a revised City of Busselton Local Planning Policy - Holiday Homes Provisions.  Council also foreshadowed further investigations are to be taken into the advertising thresholds for Holiday Homes, as provided in the Scheme. A copy of the advertised policy is included at Attachment B.

 


 

Following advertising, the revised policy is presented for Council’s consideration, for its adoption including amendments made in response to the issues raised during consultation, or technical issues that have arisen since 13 September 2017. A copy of the revised amended policy is included at Attachment C.

 

The foreshadowed investigations for a future amendment to the Local Planning Scheme that would narrow the circumstances in which the Scheme would require compulsory consultation on applications for approval of holiday homes, is a separate process and subject to a separate report. It is not incorporated in the recommendations of this report.

 

BACKGROUND

 

In December 2012, the Council adopted LPP 7C; this was one of the final steps in the introduction of a regulatory regime for holiday homes in the City. Prior to that time, holiday homes had been essentially de facto unregulated. The regulatory regime was brought into effect in a practical sense during 2013.

 

The current policy, which is one aspect of that regulatory regime, includes restrictions on the locations of holiday homes within residential areas, where holiday homes are generally not supported in those residential areas more distant from the coast and other significant tourist facilities (e.g. Yalyalup, Vasse). Despite that, a number of applications have been received for properties in those areas. Some of those applications have been referred to Council for determination with approval in some cases being granted. It should also be noted that, during the introductory phase, during 2013, approvals were generally granted for ‘established’ holiday homes in those areas.

 

Holiday homes are an economically important component of the local tourist accommodation mix and play a significant role as part of a pathway to permanent residency in the City. Because of that, a significant proportion of the construction related employment in the City is related to holiday homes. That was, in fact, an important finding, including specifically in relation to the City of Busselton, of an extensive study into temporary population flows in coastal areas undertaken for the Australian Coastal Councils’ Association.

 

The amended policy proposes a removal of location restrictions for holiday homes. The policy is also in a revised format identifying ‘deemed-to-comply’ and ‘performance criteria’ provisions.

 

At its meeting of 13 September 2017 Council granted approval to proceed to advertising of an amended City of Busselton Local Planning Policy - Holiday Homes Provisions.

 

The public comment period concluded on 29 November 2017. A total of eight submissions have been received. Issues raised in submissions are outlined and discussed in the ‘Officer Comment’ section of this report.

 

Following advertising, the revised policy is presented for further consideration by the Council, with recommended modifications in light of submissions received, as well as to address some of the detailed editing issues.

 

The advertised policy is included as Attachment B, and a document illustrating the further changes now proposed is Attachment C.

 


 

STATUTORY ENVIRONMENT

 

The key statutory environment relevant to this matter is set out in the Planning and Development Act 2005, the Planning and Development (Local Planning Schemes) Regulations 2015, the City’s Local Planning Scheme and the City’s Holiday Homes Local Law.

 

RELEVANT PLANS AND POLICIES

 

LPP 7C sets out guidance to determine an application for a holiday home; a copy of the current policy is provided as Attachment A.

 

Western Australian Planning Commission Planning Bulletin 99 (PB99) sets out the aims for local governments when drafting Local Planning Policy on Holiday Homes. The proposed Policy is generally consistent with the aims of PB99. A copy of PB99 is at Attachment D.

 

This report recommends the adoption of a revised local planning policy.

 

FINANCIAL IMPLICATIONS

 

The revised policy, if adopted by the Council after consultation, would marginally reduce the cost to the City of assessing applications for development approval for holiday homes, as it would provide officers and applicants with clearer guidance.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objectives 2.1 and 4.1 of the Strategic Community Plan 2017, which are –

 

2.1          Planning strategies that foster the development of neighbourhoods that meet our needs as we grow.

 

4.1          An innovative and diversified economy that provides a variety of business and employment opportunities as well as consumer choice.

 

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 identifies ‘downside’ risks only, rather than ‘upside’ risks as well. Risks are only identified where the individual risk, once controls are identified, is medium or greater. No such risks were identified.

 

CONSULTATION

 

In accordance with the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 (Deemed Provisions), cl 4(1) and 4(2) consultation regarding the proposed amendment of the local planning policy was undertaken by a notice and invitation for submissions to be received within 21 days, following which the amendments would be further considered by the Council, in light of any submissions received.

 

Further to the notice advising of the proposed local planning policy amendment, two public briefing sessions were held during the public consultation period; a Busselton session on 14 November 2017 and a Dunsborough session on 16 November 2017.

 

At the conclusion of the public comment period on 29 November 2017 a total of seven submissions had been received, consisting of two submissions from government agencies and five from members of the general public. One further late submission from a member of the public was received approximately two weeks after the submission closure date.  

 

A Schedule of Submissions is provided as Attachment E.

 

OFFICER COMMENT

 

The most substantive change proposed with the draft policy is the removal of restrictions on the location of holiday homes in some residential areas. At present, the policy does not support holiday homes being established in some residential areas, mostly areas that are further from the coast and tourist amenities, including areas such as Vasse, Yalyalup (i.e. Provence, Via Vasse, Willow Grove, Country Road estates) and parts of Dunsborough (i.e. areas to the west of Naturaliste Terrace, including the Cape Rise and Naturaliste Heights estates). Notably, as a result of revisions made to the policy in 2015, the policy does currently support holiday homes in the area of the Dunsborough Lakes estate. Having considered the issues, officers are of the view that the restrictions do not have a clear purpose or rationale, and are not necessary.

 

Three submissions received specifically mentioned support for the removal from the policy of the area restrictions. There were no specific objections to removing the area designations, other than those concerned about competition issues. One submission raised objection to removal of area restrictions on the basis of negative impact on more traditional forms of short stay accommodation, such as hotels, motels, guesthouses etc. and the perception that it is “no longer a level playing field”.

 

Almost exclusively the issues that are raised by members of the public in respect to proposed or existing holiday homes relate to impact on the amenity of neighbouring properties as a result of concerns regarding potential or perceived:

·    Anti-social behavior;

·    Noise;

·    Lack of privacy;

·    Traffic and parking;

·    Inadequacy of property to accommodate the proposed number of occupants;

·    Waste management; and

·    Holiday home managers not fulfilling their responsibilities.

Three submissions received raised issues related to the impact of the operation of holiday homes on the amenity of neighbours.

If a holiday home is well managed it should be largely indistinguishable from any other house. Provided it is suitably serviced for the number of proposed occupants then the registration process is designed to address other amenity issues which arise from the use of a property as a holiday home. Anti-social behaviour and traffic issues should be reported to the Police. One submission suggested that the registration process should be tightened to require the use of a locally situated holiday home manager. Whilst there may be some merit in this suggestion, the registration process is addressed through the Holiday Homes Local Law rather than the Local Planning Policy. Changes to the Local Law would require separate consideration by Council and are not a part of the current proposal. Review of the Local Law has, however, been included in the City’s local law review programme. One submission, which focused on neighbourhood amenity concerns, raised issue with high levels of holiday home concentration in some streets within the City and the impact this has on permanent residents in the area.

Officers do not consider it is possible or at least practicable to implement a cap on the number or concentration of holiday homes that can be approved in an area.

Two of the submissions received specifically focussed on a desire to be able to utilise ancillary dwellings for the purpose of holiday home use. The Local Planning Scheme interpretation of ‘Holiday Home (Single House)’ specifically excludes ancillary accommodation (i.e. a ‘granny flat’ or similar). This is not an issue that can be addressed through local planning policy, although it is an issue officers have given some consideration. Although officers can see that this may be appropriate in some instances, it is actually very complex to construct a set of controls that would allow this to occur.

 

Issues raised at Briefing Sessions

Two public briefing sessions were held during the consultation period; a Busselton session on 14 November 2017 and a Dunsborough session on 16 November 2017.

Aside from the issues addressed in the submissions, identified above, a concern was expressed that amongst short stay tourist accommodation types, commercially operated holiday homes were receiving a beneficial treatment by not being subject to the plus 10% differential rating which applies in the Tourist Zone.

The purpose of the differential rate is to fund marketing initiatives that in turn promote/create demand.  Short stay providers have expressed an opinion that holiday homes are given a ‘free ride’ and should also contribute to the marketing that in turn creates the demand that they benefit from.

If a differential rate was equally applied to a holiday home as a land use class, the same as applies in the Tourist Zone, the minimum increase per holiday home would be $122.70, the average increase is $172.60, and the top 10% is an increase of $304.40.  Combined the City would receive around an additional $120,000 in rates income.

It is anticipated that Council will consider this matter as part of its review of the Long Term Financial Plan and in its considerations for the 2018/19 budget.

 

Amendments to the State Bushfire Protection Criteria

 

The most significant changes proposed to the draft policy relate to the bush fire requirements.

 

In the period since Council approved public consultation of the Holiday Home Policy there have been two amendments to the State’s Guidelines for Planning in Bushfire Prone Areas, and these have affected assessment of holiday home proposals.

 

It has been clarified that short stay accommodation, at a residential scale, if located in a designated bushfire prone area, is both a ‘minor’ development and a ‘vulnerable’ class of land use.  This applies special requirements including mandating the provision of a Bushfire Management Plan (BMP) and a Bushfire Emergency Evacuation Plan.

 

Whilst evacuation, if safe to do so, should always be the preference, it is important the building itself is of a suitable construction to provide a place of refuge of last resort. 

 

Converting a dwelling to a holiday home, unlike converting to a Bed and Breakfast, or to a Guest House, does not require a building approval and construction requirements.  Holiday homes are unique in their exclusion from the effect of the Building Code of Australia (BCA), which otherwise applies the bushfire construction requirements in AS 3959-2009, (construction of buildings in bushfire prone areas).

 


 

The State planning framework has offset this.  Schedule 2 Part 10A of the Planning Regulations calls in the construction requirements described in AS3959-2009, to be applied as a planning consideration.  However, given that a holiday home will usually not be a new construction it will often not be practical to comply with the Deemed to Comply solutions identified in the Standards.  It is therefore important to clarify Performance Solutions (normally applied through the BCA) will also apply at planning; to achieve a comparable outcome to the Deemed to Comply solutions.

 

Also since Council approved the local planning policy for consultation, the State’s Guidelines has now identified that an Asset Protection Zone may extend beyond a site if supported by a perpetual agreement.  Previously it was restricted to within the site. 

 

Foreshadowed investigation into the thresholds for the compulsory advertising of holiday homes.

 

Council’s resolution 13 September:

 

Foreshadows a future amendment to the Local Planning Scheme that would narrow the circumstances in which the Scheme would require compulsory consultation on applications for approval of holiday homes.”

 

The thresholds which determine whether a holiday home application is advertised is specified in Scheme 21.

 

The thresholds are presently set at:

 

·    Holiday Home (Single House) – it is advertised if accommodating nine or more people, up to a maximum of 12.

 

·    Holiday Home (Multiple/Group Dwelling) – it is advertised in all instances up to a maximum of 6 people.

 

The maximum number of guests is part of the land use definition in the Scheme.  Proposals which exceed the maximum number, as identified in the definition, become a different class of land use.  They become Tourist Accommodation and are ‘prohibited’ in the Residential Zone.  Proposal of this scale are instead directed to the Tourist Zone, the Business Zone and the Viticulture and Tourism Zone.

 

No submissions were received that raised the issue of advertising as an associated issue with the revised policy.  The revised policy is also not dependent upon reviewing the consultation thresholds.

 

The investigations and the initiation of an amendment to change the advertising thresholds is subject to a separate procedure, and therefore no recommendation about advertising thresholds is made in this report.  The City’s resolution 13 September 2017, with regard to the foreshadowed investigations, remains active.

 

CONCLUSION

 

It is recommended that the amended Local Planning Policy - Holiday Homes Provisions be adopted pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 (Deemed Provisions), cl 4(3) and notice of the policy be published in accordance with cl 4(4).

 

Further modifications as described above are recommended, as well as some minor editing changes, which should be self-explanatory.

 

OPTIONS

 

Fundamentally, there are three options, other than the officer recommendation-

 

(1)       proceed with adoption of the amended policy without modification; or

(2)       proceed with adoption of the amended policy with further modifications; or

(3)       not to proceed with the amended policy.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Public notice of the adoption of the policy and commencement of its effect will occur within 4 weeks.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

PL1802/178            Moved Councillor L Miles, seconded Councillor R Paine

That the Council,

A.             In accordance with Planning and Development(Local Planning Schemes) Regulations 2015, Schedule 2 (Deemed Provisions) -

 

1.         Pursuant to cl.5(1), amends  City of Busselton Local Planning Policy 7C Holiday Homes Provisions, by the following replacement provisions:

 

7C. HOLIDAY HOMES PROVISIONS

 

1.0      BACKGROUND

 

The City of Busselton is a popular destination for tourists and holiday makers and has a large number of Holiday Homes, which are essentially residential houses and units which are utilised to accommodate these visitors. Holiday Home rentals are an important aspect of the tourism industry in the District, and have long been an important part of local and Western Australian lifestyle and culture.

 

Over time, however, there have been changes in the character of the communities in which Holiday Homes are located, as well as increased commercialisation of Holiday Homes and their use. Amongst other factors, that has led to the development by the City, cognisant of guidance provided at a State level, of a regulatory regime for Holiday Homes.

 

Holiday Homes which are utilised on a commercial basis (i.e. rented out to paying guests) require a development approval to be issued under the Local Planning Scheme and a registration to be issued under the Holiday Homes Local Law 2012. These policy provisions provide guidance to the City, as well as to applicants, landowners and the community, in relation to the City’s exercising of discretion in making decisions on Holiday Home applications pursuant to the Local Planning Scheme.

 

 

 

 

 

 

 

 

 

2.0       OBJECTIVES

 

The objectives of these provisions are to –

 

1.         Provide clear guidance regarding the assessment of applications for development approval for Holiday Homes;

 

2.         Identify circumstances in which Holiday Homes will be supported, and circumstances in which holiday homes may be supported, given more detailed consideration; and

 

3.         Balance the interests of residents, Holiday Home owners and the community as a whole.

 

 

3.0       APPLICATION

 

These policy provisions are adopted pursuant to Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 (Deemed Provisions) clause 4 and apply to the whole of the City.

 

This policy only applies to Holiday Homes that are being made available for short stay rental purposes for commercial gain. Holiday Homes utilised only for personal use are excluded from this policy.

 

These provisions should be read in conjunction with the Local Planning Scheme and the Holiday Homes Local Law 2012.

 


 

4.0       INTERPRETATION

 

As per Schedule 1 of the Scheme the following interpretations are relevant:

 

“Holiday Home (Multiple/Grouped Dwelling)” means a grouped dwelling or multiple dwelling, which may also be used for short stay accommodation for hire or reward for no more than six people (but does not include a bed and breakfast, chalet development, guesthouse, rural tourist accommodation or tourist accommodation).

 

“Holiday Home (Single House)” means a single house (excluding ancillary accommodation), which may also be used for short stay accommodation for hire or reward for no more than 12 people (but does not include a bed and breakfast, chalet development, guesthouse, rural tourist accommodation or tourist accommodation).

 

Note: the terms ‘multiple dwelling’, ‘grouped dwelling’ and ‘single house’ are defined in the Residential Design Codes of Western Australia.

 

The following additional interpretations are relevant to this policy:

 

“Holiday Home” means both a Holiday Home (Multiple/Grouped Dwelling) and/or a Holiday Home (Single House).

 

 

 

“Deemed-to-comply” means a provision which, if satisfied, means that a Holiday Home is deemed compliant with respect to the matters subject of that provision. The local government shall not refuse to grant approval to an application where the application satisfies all of the relevant deemed-to-comply provisions.

 

“Performance criteria” means provisions to be used in the preparation, submission and assessment of development proposals for the purpose of determining their acceptability, where they do not meet the relevant deemed-to-comply provisions.

 

Note: applications that do not meet all of the ‘deemed-to-comply’ provisions would be assessed against the relevant ‘performance criteria’ (i.e. they would only be assessed against the latter in relation to those aspects to which they do not meet the former). So if the ‘car parking’ deemed-to-comply provisions are met, but the ‘dwelling design’ ones are not, dwelling design related issues would require assessment against the dwelling design performance criteria, but the car parking related issues would not require assessment against the car parking related performance criteria. Similarly, if the potable water elements of the ‘utility servicing’ deemed-to-comply provisions are met, but the refuse collection ones are not, it is only the refuse collection issues that need to be considered against the directly related performance criteria.

 

 

5.0      POLICY STATEMENT

 

Note that the headings below do form part of the policy statement.

 

5.1      Location of Holiday Homes

 

A Holiday Home satisfies the deemed-to-comply provisions if:

 

C1.1       The Holiday Home is located within an existing, lawful dwelling (other than a dwelling approved as a second dwelling or rural worker’s dwelling pursuant to clause 4.5 (f) or (g) of the Local Planning Scheme, or equivalent clause in previous schemes) in the Agriculture or Viticulture and Tourism Zone; or

 

C1.2       In all other Zones, the Holiday Home has direct frontage to a public road and/or public open space and has a minimum of 350m2 exclusively for the use of the dwelling; or

 

C1.3       For a Holiday Home (Grouped/Multiple Dwelling), written support has been received by the local government from the majority of owners of properties in the complex or development within which the Holiday Home is to be located (excluding the owner of the site subject of the application, unless the applicant owns all of the properties in the complex or development).

 

A Holiday Home satisfies the performance criteria provisions if:

 

P1.1       The City is satisfied that approval of the Holiday Home is not likely to have a significant impact on the amenity of adjoining and nearby residents and would not constitute the conversion of a second dwelling or rural worker’s dwelling to a Holiday Home.

 

 

 

 

 

5.2      Utility Servicing

 

A Holiday Home satisfies the deemed-to-comply provisions if:

 

C2.1       The Holiday Home is connected to reticulated water, or provided with a 135,000 litre rainwater tank for the exclusive use of the Holiday Home; and

 

C2.2       The Holiday Home is located within the City’s kerbside refuse collection area; and

 

C2.3       The Holiday Home is connected to reticulated sewerage, or there is an approved on-site effluent disposal system with adequate capacity for the proposed number of occupants.

 

Note: in areas not serviced by reticulated sewerage, it should not be assumed that an existing on-site effluent disposal system approved for a single house will have sufficient capacity for the proposed number of occupants without the need for upgrading. Advice should be sought from the City’s Environmental Health staff prior to lodging an application for development approval.

 

A Holiday Home satisfies the performance criteria provisions if:

 

P2.1       The City is satisfied that the Holiday Home will have an adequate supply of potable water; and

 

P2.2       The City is satisfied that the Holiday Home will be provided with an adequate refuse collection service; and

 

P2.3       The City is satisfied that the Holiday Homes will be provided with an adequate on-site effluent disposal system (and provision of such would be a condition of any approval, to be met prior to the commencement of the use if a suitable system is not already in place and approved).

 

5.3       Car Parking

 

A Holiday Home satisfies the deemed-to-comply provisions if:

C3.1       The Holiday Home will have constructed on-site car parking bays, consistent with the size and manoeuvrability criteria set out in the Residential Design Codes of Western Australia, but with no more than any of two bays arranged one behind the other (i.e. tandem bays are permitted, with two bays one behind another, but not with a third bay behind another two), in accordance with the following rates:

 

Maximum number of occupants

Minimum number of car parking bays required

1-3

1

4-6

2

7-8

3

9-10

4

11-12

5

 

 

 

 

 

A Holiday Home satisfies performance criteria provisions if:

 

P3.1       The City is satisfied that the Holiday Home has a minimum of two constructed on-site car parking bays and, where additional car parking bays would be required to comply with C3.1 above, at least the equivalent number of cars could park on the site without the need for cars to park on the verge, in adjacent or nearby public car parking, or in visitor car parking bays within a unit complex or similar; or

 

P3.2       Where a Holiday Home is located in the ‘Business’ Zone, the City is satisfied that the Holiday Home will not have a noticeable effect on the availability of public car parking within the locality.

 

5.4      Dwelling Design

 

A Holiday Homes satisfies the deemed-to-comply provisions if:

 

C4.1       The Holiday Home is an existing, lawful dwelling; or

 

C4.2       If the Holiday Home is not an existing, lawful dwelling, the Holiday Home will meet all of the relevant design standards and requirements that would apply to a new dwelling on the land, including the requirements of the Local Planning Scheme (including the Residential Design Codes of Western Australia), all relevant Local Planning Policies, and all relevant Structure Plan, Activity Centre Plan and Local Development Plan provisions; and

 

C4.3       The maximum number of occupants within a Holiday Home complies with the following standards:

 

(a)       There is 5.5 square metres per occupant in each bedroom utilising beds; and

 

(b)      There is 3.5 square metres per occupant in each bedroom utilising bunks; and

 

(c)       There is sufficient bedroom space to accommodate the maximum number of occupants consistent with (a) and (b) above; and

 

C4.4       Bedrooms in a Holiday Home are provided in accordance with the following rates:

 

Maximum number of occupants

Minimum number of bedrooms required

1-2

1, or studio

3-4

2

5-8

3

9-12

4

 

 

 

 

 

 

 

 

C4.5    Bathrooms and toilets in a Holiday Home are provided in accordance with the following rates:

 

Maximum number of occupants

Minimum number of bathrooms/toilets required

1-6

1 bathroom and 1 toilet

7-12

1 or 2 bathrooms and 2 toilets

 

A Holiday Homes satisfies the performance criteria provisions if C4.1 or C4.2 is met, and C4.3 and C4.5 are met; and

 

P4.1       The City is satisfied that the dwelling design is appropriate to accommodate the proposed maximum number of occupants. In general, if C4.4 is not met, this would only be the case if there are a smaller number of relatively large bedrooms.

 

Note: the Local Planning Scheme establishes that the maximum number of occupants in a Holiday Home (Single House), regardless of the number or size of bedrooms, is 12, and the maximum number of occupants in a Holiday Home (Grouped/Multiple Dwelling) is six. The City has no discretion to approve Holiday Homes with maximum occupant numbers higher than those limits.

 

 

5.5             Bush Fire Management                                                                                 

 

A Holiday Home satisfies the deemed-to-comply provisions if:

 

C5.1       The Holiday Home is not on land identified as being in a bushfire prone area by an order made under section 18P of the Fire and Emergency Services Act 1998; or

 

C5.2       The Holiday Home is on land identified as being in a bushfire prone area by an order made under section 18P of the Fire and Emergency Services Act 1998 and will meet all of the relevant design standards and requirements for a minor vulnerable development described in the WAPC Guidelines for Planning in Bushfire Prone Areas, including but not limited to the following -

 

C5.2.1       A Bushfire Management Plan and Bushfire Emergency Evacuation Plan developed consistent with the Guidelines for Planning in Bushfire Prone Areas (‘vulnerable land use’) has been submitted; and

 

C5.2.2       The building has been constructed to the determined BAL requirement and associated Deemed to Satisfy solution pursuant to AS3959-2009 (Construction of buildings in bushfire-prone areas); and

 

C5.3      The Asset Protection Zone (APZ) required -

 

(a)       is no greater than 25 metres from the building to a determined hazard; and

 

(b)       can be accommodated entirely within the subject lot; and

 

 

 

 

 

(c)       can be created and maintained without need to obtain a clearing permit under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 and/or approval under the (Commonwealth) Environmental Protection and Biodiversity Conservation Act 1999.-

 

A Holiday Homes satisfies the performance criteria provisions if:

 

P5.1       C5.2.1 has been complied with; and

 

P5.2       If C5.2.2 has not been complied with, the building has been constructed to the determined BAL requirement by Performance Solution as provided for by Part 1.0 in NCC 2016 Building Codes of Australia Volume 2; and

 

P5.3       (a)       If C5.3 (a) has not been complied with, a larger APZ may be supported, but only to the extent necessary to allow the construction standard to be reduced to BAL29; and

 

(b)       If C5.3 (b) has not been complied with –

 

(i)        where the APZ extends outside the subject lot, it overlaps substantially with an APZ already on an adjoining lot; or

 

(ii)       a perpetual arrangement is in place with the owner (in the case of freehold land) or manager (in the case of Crown / reserve land) to allow and require the maintenance of the portion of the APZ that extends beyond the subject lot; and

 

(c)       If C5.3 (c) has not been complied with, the necessary permit or approval has been obtained, or the applicant commits to seeking the necessary permit or approval prior to commencement of development (including change of use).

 

2.         Pursuant to cl.4(4), advertises adoption of the above amended City of Busselton Local Planning Policy Holiday Homes Provisions, by notice in a newspaper circulating in the Scheme.

 

CARRIED 3/0


Policy and Legislation Committee                                  105                                                           27 February 2018

8.               Next Meeting Date

Tuesday, 27 March 2018

9.               Closure

The meeting closed at 3.39pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 133 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Tuesday, 25 December 2018.

 

 

DATE:_________________              PRESIDING MEMBER:_________________________