COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

26 June 2019

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 26 June 2019

 

 

 

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, 26 June 2019, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

14 June 2019


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 26 June 2019

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 5

3....... Prayer. 5

4....... Application for Leave of Absence. 5

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

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

7....... Question Time For Public. 5

8....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 12 June 2019. 5

Committee Meetings. 5

8.2          Minutes of the Policy and Legislation Committe meeting held 11 June 2019. 5

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 6

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 6

11..... Items brought forward for the convenience of those in the public gallery. 6

12..... Reports of Committee. 7

12.1        Policy and Legislation Committee - 11/06/2019 - REVIEW OF COUNCIL POLICY - PRESENTATIONS ON TERMINATION.. 7

12.2        Policy and Legislation Committee - 11/06/2019 - NEW COUNCIL POLICY - AUDIO RECORDING OF COUNCIL MEETINGS. 16

13..... Planning and Development Services Report. 22

13.1        PROPOSED STRUCTURE PLANS FOR LOT 590 AND LOT 612 SPINNAKER BOULEVARD AND LOT 585 AND PT LOT 9501 PORT LAND, GEOGRAPHE; TOGETHER WITH ASSOCIATED MODIFICATIONS TO THE PORT GEOGRAPHE DEVELOPMENT PLAN AND VILLAGE CENTRE PRECINCT PLAN - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL. 22

14..... Engineering and Work Services Report. 79

15..... Community and Commercial Services Report. 80

15.1        NAMING OF THE BUSSELTON TENNIS CENTRE. 80

16..... Finance and Corporate Services Report. 83

17..... Chief Executive Officers Report. 84

17.1        COUNCILLORS' INFORMATION BULLETIN.. 84

18..... Motions of which Previous Notice has been Given.. 88

19..... urgent business. 88

20..... Confidential Matters. 88

21..... Closure. 88

 


Council                                                                                      6                                                                        26 June 2019

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

Approved Leave of Absence

3.               Prayer

4.               Application for Leave of Absence  

5.               Disclosure Of Interests

6.               Announcements Without Discussion

Announcements by the Presiding Member 

7.               Question Time For Public

Response to Previous Questions Taken on Notice 

Public Question Time For Public

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 12 June 2019

Recommendation

That the Minutes of the Council Meeting held 12 June 2019 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Policy and Legislation Committe meeting held 11 June 2019

Recommendation

That the Minutes of the Policy and Legislation Committee meeting held 11 June 2019 be confirmed as a true and correct record.

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

10.             QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

11.             Items brought forward for the convenience of those in the public gallery


Council                                                                                      8                                                                         26 June 2019

12.             Reports of Committee

12.1           Policy and Legislation Committee - 11/06/2019 - REVIEW OF COUNCIL POLICY - PRESENTATIONS ON TERMINATION

SUBJECT INDEX:

Council Policies

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Policy - Payments and presentations on termination

Attachment b    Current Policy - Presentations on Termination  

 

This item was considered by the Policy and Legislation Committee at its meeting on 11 June 2019, the recommendations from which have been included in this report. 

PRÉCIS

 

This report presents a revised and expanded ‘Presentations on Termination’ Council Policy, proposed to be renamed ‘Payments and presentations on termination’ (Attachment A) (the Policy) for Council approval.  The proposed changes are designed to ensure the Policy more fully responds to the requirements of Section 5.50 of the Local Government Act 1995, and that appropriate recognition of service is provided for employees leaving the organisation.

 

BACKGROUND

 

Section 5.50 of the Local Government Act 1995 (the Act) requires the local government to have a policy in relation to payments that may be made to employees who are finishing employment which are in addition to entitlements under a contract of employment or industrial instrument, including an award or enterprise agreement.  A policy in relation to the presentation of (or contribution to) a gift to an employee on termination has been in place for a long period of time, and was last reviewed in August 2017, where the method of determining the value of the contribution towards a gift was simplified. 

 

The Local Government Amendment Bill 2019 currently before the Legislative Council, and expected to be given Royal Assent in the coming months, will result in an explicit requirement for all local governments to publish their policy in relation to Section 5.50 of the Act.  The City has reviewed its current policy and recommends that it be expanded as outlined in the officer comment section of this report, improving overall governance in relation to payments made to employees on termination that are in addition to those made under the terms of a contract of employment or industrial instrument.

 

STATUTORY ENVIRONMENT

 

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

 

Section 5.50 (1) of the Act states:

(1)  A local government is to prepare a policy in relation to employees whose employment with the local government is finishing, setting out — 

                        (a)      the circumstances in which the local government will pay an employee an amount in addition to any amount to which the employee is entitled under a contract of employment or award relating to the employee; and

                        (b)      the manner of assessment of the additional amount, and cause local public notice to be given in relation to the policy.

 

As per Section 5.50 (4) “a reference to a payment to a person includes a reference to the disposition of property in favour of, or the conferral of any other financial benefit on, the person” and hence includes the contribution to a gift.

 

The value of a payment made under this section is not to exceed the amount prescribed by Regulation 19A of the Local Government (Administration) Regulations 1996 (the Regulations), being:   

 

·    $5,000 to a CEO or senior officer in all cases;

·    12 months’ pay for all other employees where the employment ends by way of the employee accepting voluntary severance by way of resignation; and

·    $5,000 for all other employees where the employment ended for other reasons.

 

Importantly, Section 5.50 and Regulation 19A only relate to payments that are made in addition to an amount which the employee is entitled to under their contract of employment or an industrial instrument.  Further, regulation 18B of the Regulations provides that a contract of employment for a CEO or senior officer may include a term that the employee will (in certain circumstances) receive a payment on termination of up to 12 months’ remuneration, or the balance of their contract term. As this is a payment that the senior employee is entitled to under their contract, it is not captured by Section 5.50 or Regulation 19A, or therefore the Policy.

 

Section 5.50 and Regulation 19A also only deals with payments that are made in relation to an employee whose employment with the local government is finishing (i.e. a termination payment). A payment that is made to a terminated employee in settlement of a legal claim (e.g. an unfair dismissal claim) is not a payment made in relation to that employee’s employment finishing, and therefore would not fall within the scope of section 5.50 or the cap provided by Regulation 19A.  A severance payment however made to an employee in settlement of a dispute where they have, or are reasonably likely to, make a claim would fall within the scope of the Policy.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems – the Governance Systems Review (GSR).   The GSR made a number of recommendations with respect to the City’s policy and procedure framework.  In response the City developed a policy framework which sets out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures. 

 

FINANCIAL IMPLICATIONS

 

The provisions of the Policy are catered for within the City’s annual budget, with a current annual allocation of $4,000 for recognition of service and the settlement of employment related claims funded where necessary through existing salaries and wages budget.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Amending the Policy will have no long term financial plan implications.

 


STRATEGIC COMMUNITY OBJECTIVES

 

The Policy, and specifically the proposed amendments, aim to improve transparency and governance in relation to payments of a type outlined in Section 5.50 of the Act, therefore supporting Key Goals Area 6 – Leadership and Community Objective 6.1 – Governance systems, processes and practices are responsible, ethical and transparent. 

 

RISK ASSESSMENT

 

There are no identified risks of a medium or greater level associated with the officer recommendation, with the amendments to the Policy improving overall governance and compliance with the Act.

 

CONSULTATION

 

A review of other local government policies referencing Section 5.50 found a fair degree of diversity in terms of scope and content.  The City of Joondalup’s policy for instance, in addition to payments for the settlement of employment claims, provides for payments on redundancy (over and above entitlements) and in broad circumstances relating to a voluntary severance, based on the person having been employed for a continuous period of over ten years, and having demonstrated a commendable or outstanding level of performance.  The City of Wanneroo’s policy provides for a severance payment in circumstances relating to settlement of a claim, plus illness or impairment or poor performance / conduct.  The City of Stirling provides a payment to employees on leaving based on their years of service. 

 

The City of Busselton provides adequate redundancy entitlements under its contracts of employment / enterprise agreement and therefore we have limited the Policy to severance payments in settlement of a dispute where there is a reasonable risk of a legal claim.  External legal advice about, and review of, the Policy was sought, with the inclusion of provisions relating to such payments recommended as best practice. 

 

OFFICER COMMENT

 

The current ‘Presentations on Termination’ policy deals solely with Council’s contribution (payment) in relation to a farewell gift and function for an employee on termination.  Three changes are proposed in relation to this aspect of the Policy. 

 

One, it is recommended that the threshold for eligibility be reduced from two years’ of service to a minimum of one year.  An employee will generally, after a year of employment, have contributed to the achievements of their team and established good working relationships with their colleagues. A farewell function in particular is considered important as it plays a role in creating positive employee relations and branding.

 

Secondly a change is recommended in relation to the Council contribution value for a gift where between 10 and 15 years of service has been completed.  It is recommended that this be increased from $100 to $150.  This provides for a more even increment in the contribution value with an increase of $50 every 5 years until 20 years of service, where it then increases more significantly.

 

And finally it is recommended that the maximum amount for a farewell function (for those situations where the CEO feels exceptional circumstances apply) be reduced from $400 to $300.  This is based on analysis of spend in this area.

 


With respect to the inclusion of provisions relating to payments made on termination, it is recommended that the Chief Executive Officer be authorised to make a severance payment in settlement of a dispute where an employee has, or is reasonably likely to, take action or make a claim under any relevant industrial relations legislation.   In determining an appropriate settlement amount the Policy sets out the following factors:

 

a.         the amount recommended by industrial legal advisors, a court or industrial tribunal to settle the matter;

b.         the exposure or potential exposure to litigation and the strength of the respective cases;

c.         the cost or potential cost of legal services in relation to the matter; and

d.         the disruption to operations and cost to the organisation of the dispute ongoing.

 

Unfortunately not all employment relationships end amicably and disputes can arise that give cause for a mutual separation to be considered, generally in circumstances where the cost to the City of a matter proceeding through a court or industrial tribunal is likely to be high, or where the operational cost of a dispute ongoing is considered significant.  These are enacted through a voluntary resignation and severance payment.  The City’s current policy does not contain specific provision for this.  As a result mutual separations are required to be structured within the terms and conditions of a contract of employment.  The recommended provisions will provide for improved transparency and clarity in these situations.  

 

CONCLUSION

 

It is recommended that the Policy be adopted as a revised and renamed Council policy ‘Payments and presentations on termination’, maintaining and slightly improving the current recognition of service provisions, and ensuring that the City has clear and accountable governance structures in place for the settling of employment related disputes in accordance with Section 5.50 of the Local Government Act 1995.

 

OPTIONS

 

The Council could:

 

1.    decide to retain the Policy in its current form.

2.    decide to make additional amendments.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be implemented immediately on adoption.

 

OFFICER RECOMMENDATION

 

That the Council adopts the Council Policy ‘Payments and presentations on termination’ as per Attachment A, to replace the current Council policy entitled ‘Presentations on Termination’ (Attachment B).

 

 

COMMITTEE RECOMMENDATION

 

That the Council adopts the Council Policy ‘Payments and presentations on termination’ as per Attachment A, to replace the current Council policy entitled ‘Presentations on Termination’ (Attachment B), inclusive of the following Committee changes:

 

i.              Reorder paragraphs 1.1 and 1.2;

 

ii.             Amend the wording in paragraphs 1.1 and 1.2 respectively to the following:

 

                “1.1        This Policy provides a framework for recognising, where relevant, the                                                      contribution of employees when they voluntarily leave the employment of                                           the City.

 

                 1.2         This Policy additionally sets out the circumstances in which the City of                                                     Busselton will pay an employee who is leaving the employment of the City a                                         severance payment in addition to any amount the employee is entitled to                                             under their contract of employment, Industrial Instrument or order of a                                                 court or industrial tribunal, in accordance with Section 5.50 of the Local                                                 Government Act 1995 (WA)”;

 

iii.            Reorder Paragraph 5. Policy Statement:

a.    Move paragraphs 5.5, 5.6 and 5.7 up to commence at 5.1 (now reading 5.1 through to 5.3).

b.    Move paragraphs 5.1, 5.2, 5.3 and 5.4 down to commence at 5.4 (now reading 5.4 through to 5.7);

 

iv.           Remove ‘industrial’ from paragraph 5.3 (a); and

 

v.            Remove symbols from the ‘Years of Service’ column within the table in paragraph 5.5 and replace with 1 to 5 years; 5 to 10 years, 10 to 15 years, and so forth.

CARRIED 5/0

 

Reason:                      The Committee felt that the amendments to the wording would improve readability of the            policy and the reordering of paragraph 5 would provide for the more positive aspects of              recognition to be considered first.

 


Council

13

26 June 2019

12.1

Attachment a

Proposed Policy - Payments and presentations on termination

 


 


Council

15

26 June 2019

12.1

Attachment b

Current Policy - Presentations on Termination

 


 


Council                                                                                      17                                                                      26 June 2019

12.2           Policy and Legislation Committee - 11/06/2019 - NEW COUNCIL POLICY - AUDIO RECORDING OF COUNCIL MEETINGS

SUBJECT INDEX:

Council Meetings

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Council Policy - Audio Recording of Council Meetings  

 

This item was considered by the Policy and Legislation Committee at its meeting on 11 June 2019, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a new policy ‘Audio Recording of Council Meetings’ (Attachment A) (the Policy) for Council approval.  The Policy has been developed following a request from a member of the public for a copy of a recording of an Ordinary Council Meeting taken under the City’s Standing Orders Local Law 2018 for minute purposes, and following advice from the Western Australian Local Government Association (WALGA) and a review of other local government policies relating to the topic.  The Policy is recommended for Council approval.

 

BACKGROUND

 

Clause 6.14 of the City of Busselton Standing Orders Local Law 2018 provides for the proceedings of a meeting to be recorded by or at the discretion of the CEO for the purpose of taking minutes, subject to the meeting being advised that the meeting is being recorded for that purpose.  For approximately the last six months Ordinary Council Meetings have been recorded for the purposes of taking minutes.

 

In April the City received a request from a member of the public for a copy of the recording of a Council meeting.  In the absence of a clear policy position regarding public access to the recordings taken, the City declined the request, resulting in a request for the same being made under the Freedom of Information (FOI) Act 1992.  Advice from the City’s FOI officer indicated that the recording would likely be released (subject to the consideration of personal information) under the FOI Act , however it was in absence of a policy determined as the most appropriate channel for the request to be considered.   

 

In the interim the City contacted WALGA for advice who recommended that a policy be put in place governing the recording of meetings and access to such recordings.  A number of other local governments were also contacted, with the following table summarising the various policy positions:

 

City of Cockburn

·    Tape recordings or transcripts not made available to members of the public outside of Freedom of Information legislation.

City of Kalgoorlie Boulder

 

·    Policy states applications must be made to the CEO, and provide details of the item concerned and a reason for the request.

·    CEO position is generally that the recordings are for minute taking only and so are not available to anyone, including elected members

City of Kalamunda

 

·    Provide copies of recordings on a disk for a $15 fee.

·    Understand that recordings, even though generally for minute taking purposes, are still available under FOI, hence provide them for a fee.

City of Wanneroo

 

·    Public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer.

·    Costs charged as per fees and charges

City of South Perth

 

·    Public may purchase a copy of the recorded proceedings upon written request to the CEO and the payment of the prescribed fee. 

City of Albany

 

·    Provide word for word transcripts of recordings to members of the public.

·    Do not provide a media file (audio).

City of Swan

 

·    Recordings available on website following meeting free of charge.

·    For the purposes of transparency and increased participation in decision-making. 

·    Also considered a record under FOI Act

City of Vic Park

 

·    Provide recording on website free of charge.

·    Pending approval for live audio/video streaming of council meetings.

 

All of the policies reviewed considered the recordings a record retainable under the State Records Act 2000.  In light of this, and the ability for them to be accessed under FOI legislation, officers have developed a policy position similar to that of the City of Wanneroo, South Perth and Kalamunda, with the recordings available to purchase for a fee. 

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 (the Act) 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 the Act.

 

As outlined in the background section of this report the City of Busselton Standing Orders Local Law 2018 provides for the Chief Executive Officer to audio record meetings for the purpose of taking minutes.  Any such recordings are considered a record under the State Records Act 2000 and are required under the General Disposal Authority for Local Government to be retained for 1 year after the minutes are confirmed.  It is our general understanding that they are therefore also available under FOI legislation.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems – the Governance Systems Review (GSR).   The GSR made a number of recommendations with respect to the City’s policy and procedure framework.  In response the City developed a policy framework which sets out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures. 

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy will require a fee to be set for the purchase of a copy of each recording.  It is recommended that this fee be set at $15 per copy, taking into account the cost of the USB and the resourcing costs associated with the conversion of the audio file. 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy is not expected to have any long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The officer recommendation primarily aligns with the following Key Goal Area/s and Community Objective/s of the City of Busselton’s Strategic Community Plan 2017:

 

Key Goal Area 6 - LEADERSHIP: Visionary, collaborative, accountable

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

 

RISK ASSESSMENT

 

There are some low level risks associated with providing a copy of the recorded proceedings, mainly that the recording could be altered or that it could be used to try and cause reputational damage.  The Policy makes it clear that the official record of the meeting will be the written minutes and additionally the City will retain the recorded proceedings as the official recorded proceedings.  Council meetings are of course public meetings and so it is not expected that anything recorded would be of a high risk in terms of reputation.  On balance it is felt that the interests of transparency and administrative efficiencies in not requiring requests to be considered under FOI legislation outweigh these risks.

 

CONSULTATION

 

As outlined in the background section of this report consultation has been undertaken with a number of other local governments and with WALGA.

 

OFFICER COMMENT

 

The purpose of the Policy is to outline the City’s position with respect to the audio recording of Council meetings (both Ordinary and Special Council meetings) and access to the recorded proceedings

 

The Policy sets out a clear position with respect to the recording of Council meetings, stating that all Ordinary and Special Council meetings will be recorded by the City, including where Council has resolved to close the meeting to members of the public in accordance with Section 5.23 of the Local Government Act 1995 (the Act).

 

The Policy also makes it clear however that the official record of the meeting will be the written minutes prepared in accordance with the requirements of the Act and the Local Government (Administration) Regulations 1996.

 

Officers considered two options for providing public access to the recorded proceedings; allowing members of the public to, on written request, purchase of a copy of the recording, or for the recording to be placed on the City’s website.  While both options achieve the intended outcome officers felt that providing a copy of the recording on request and for a fee allowed for more oversight (accepting the risk noted above) and enabled recovery of associated costs.  It was also considered a good starting point and something Council could potentially build on.      

 

With respect to Elected Members the Policy provides for recorded proceedings to be provided to Elected Members on request from the CEO at no charge.  All Elected Members will be notified of such requests.

 

With respect to the transcribing of recorded proceedings officers have recommended that this not be offered by the City, with the risk of error being high and it being resource intensive.

 

CONCLUSION

 

The Policy provides for a clear and transparent position with respect to the audio recording of Council meetings and ensures that requests for the same are dealt with in a consistent fashion.

 

OPTIONS

 

Council could instead decide:

1.    not to adopt the Policy, with requests for access to the recorded proceedings to be managed at the discretion of the CEO.

2.    to amend the Policy to provide the recorded proceedings on the City’s website free of charge.   

3.    to require further amendments to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be implemented immediately on adoption.

 

OFFICER RECOMMENDATION

 

1.    That the Council adopts the Council Policy ‘Audio Recording of Council Meetings’ as per Attachment A.

2.    That a fee of $15.00 be included in the City’s 2019/2020 schedule of fees and charges.

 

COMMITTEE RECOMMENDATION

 

The Committee recommends:

 

1.    That the Council adopts the Council policy ‘Audio Recording of Council Meetings’ as per Attachment A, inclusive of the following amendments:

 

i.              Paragraph 5.8 to now read “Elected Members may request from the CEO a copy of the recorded proceedings at no charge.”; and

ii.             Add new paragraph 5.9 – “All Elected Members are to be notified when requests for recordings have been received.”

iii.            Paragraph 5.9 now becomes paragraph 5.10; and

iv.           Paragraph 5.10 now becomes paragraph 5.11.

 

2.            That a fee of $15.00 be included in the City’s 2019/2020 schedule of fees and charges

CARRIED 5/0

 

Reason:                The Committee felt that Elected Members should be notified of all requests for recording                              and the additional wording reflects this request.

 


Council

21

26 June 2019

12.2

Attachment a

Proposed Council Policy - Audio Recording of Council Meetings

 


 

 


Council                                                                                      23                                                                      26 June 2019

13.             Planning and Development Services Report

13.1           PROPOSED STRUCTURE PLANS FOR LOT 590 AND LOT 612 SPINNAKER BOULEVARD AND LOT 585 AND PT LOT 9501 PORT LAND, GEOGRAPHE; TOGETHER WITH ASSOCIATED MODIFICATIONS TO THE PORT GEOGRAPHE DEVELOPMENT PLAN AND VILLAGE CENTRE PRECINCT PLAN - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

SUBJECT INDEX:

Structure Plans, Local Development Plans and Activity Centre Plans

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning

ACTIVITY UNIT:

Strategic Planning

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    Aerial Photograph - Lot 590 and Lot 612

Attachment c    Aerial Photograph - Port Lane

Attachment d   Port Geographe Development Plan & Village Centre Precinct Plan (Current Adopted Structure Plans)

Attachment e    Proposed Structure Plan Report Part 1 - Lot 590

Attachment f    Development Concept Plan - Lot 590

Attachment g   Proposed Structure Plan Report Part 1 - Lot 612

Attachment h   Development Concept Plan - Lot 612

Attachment i     Proposed Structure Plan Report Part 1 - Port Lane

Attachment j     Development Concept Plan - Port Lane

Attachment k    Proposed Modified Port Geographe Development Plan

Attachment l    Proposed Modified Village Centre Precinct Plan

Attachment m  Schedule of Submissions

Attachment n   Schedule of Modifications  

  

PRÉCIS

 

The Council is requested to consider adopting for final approval proposed Structure Plans for Lot 590 and Lot 612 Spinnaker Boulevard and for Lot 585 and Pt Lot 9501 Port Lane, Geographe; and incorporating required modifications to the existing Port Geographe Development Plan (PGDP) and Village Centre Precinct Plan (VCPP) in relation to these lots.

 

The proposals aim to guide the future subdivision and development of the subject properties by providing for predominantly residential development, whilst also recognising the changing nature of tourist accommodation within the District and South-West more generally.  The applicants are seeking to rationalise landholdings, development opportunities and outcomes to stimulate development within and around the Port Geographe Village Centre precinct.

 

The purpose of this report is to recommend to the Council that the subject proposals be adopted for final approval (in accordance with recommended modifications) and forwarded to the Western Australian Planning Commission (WAPC).

 

BACKGROUND

 

Three new Structure Plans are proposed: two separate Structure Plans for Lots 590 and 612 Spinnaker Boulevard, and one Structure Plan for both Lot 585 and Pt Lot 9501 Port Lane, Geographe (these being the last remaining large undeveloped parcels in the Port Geographe Village Centre precinct).  Location Plans and Aerial Photographs for each parcel are provided at Attachments A, B and C, respectively. 

 

The Spinnaker Boulevard Lots are zoned ‘Tourism’ in Local Planning Scheme No. 21 (the Scheme) and identified on the Port Geographe Development Plan (PGDP) as ‘Tourist Accommodation’.   Both sites are significant in the context of Port Geographe, being classified as ‘landmark’ sites; however, the ‘Tourism’ zone covering them is considered by officers to be too restrictive with respect to the range of permissible land uses. The zoning has effectively prevented any coordinated and commercially viable development proposals being proposed and submitted by the landowner for the two sites in the past 20 years.

 

The Port Lane parcels are zoned ‘Local Centre’ in the Scheme (previously titled the ‘Business’ zone).  The land parcels form part of the Port Geographe Village Centre precinct on the PGDP, with respective land use designations of ‘Residential R60’ (including mixed use retail and commercial) for Lot 9501 and ‘Shopping/Tourist Carpark’ for Lot 585, which is owned by the City in freehold.  The applicant is seeking to rationalise and optimise planning outcomes over the land holdings to stimulate development within and around the ‘Village Centre’.

 

Amendment No. 28 to the Scheme, which was approved by the Council for initiation for public consultation at the meeting of 13 April 2018 (and, having taken an extended period to receive Environmental Protection Authority agreement, is now awaiting WAPC approval for advertising), proposes to include all of the subject parcels of land in an ‘Urban Development’ zone.   The intent of Amendment 28 is, in part, to provide greater planning and development flexibility than the current zoning allows, with detailed zoning and land use outcomes to be updated through structure plans. Amendment 28 is expected to be formally advertised in the coming months.

 

The PGDP and Port Geographe Village Centre Precinct Plan (VCPP) were included in original rezoning documentation for Port Geographe (gazetted in 1996) to guide subdivision and development.  A number of modifications to the PGDP and VCPP have been made since then, with the current versions being endorsed by the WAPC on 19 December 2008 (see Attachment D).

 

The WAPC resolved in August 2018 that structure plans for each of the lots would be required for the purposes of orderly and proper planning.  Furthermore, WAPC advised that an amendment to the PGDP, identifying these sites as requiring separate structure plans, would be expected to be undertaken prior to, or concurrently with, the structure plans for the abovementioned sites.

 

Lot 590 Spinnaker Boulevard Structure Plan

 

Lot 590 Spinnaker Boulevard is 1.3 ha in area and located at the western-most end of Spinnaker Boulevard.  The lot contains two grouped dwellings built in 2004 and the remainder of the land is vacant.  This property was identified on the early Development Plan as “Hotel and Harbour Apartments”, and later as a landmark development site, being situated close to the seaward entrance into the marina.  However, substantial development of this site for tourist-related purposes has not occurred.

 

The proposed Structure Plan, provided at Attachment E, identifies Lot 590 as largely for ‘Residential’ development, with land set aside for a small scale commercial development (such as a Restaurant/Café) overlooking the Marina entrance.  A range of densities (R30, R40 and R60) are proposed to provide for a variety of housing choices, and the ability for both short-stay and long-stay residential options will be retained.  The applicant has estimated that 30-40 residential dwellings could be accommodated under the proposed Structure Plan.

 


An extension of Spinnaker Boulevard is proposed to enable vehicle access to both existing and future dwellings on the site.  The site-specific Development Concept Plan is provided at Attachment F. 

 

The current site levels for Lot 590 range from between 3.2m and 3.5m AHD and, as such, compliance with the finished floor level (FFL) of 3.8m AHD required by the Department of Planning, Lands and Heritage (DPLH) is expected to be achieved.

 

Lot 612 Spinnaker Boulevard Structure Plan

 

Lot 612 Spinnaker Boulevard is 2.6 ha in area and located to the north-west of the Spinnaker Boulevard and Layman Road intersection.  The parcel is undeveloped and vacant, with a current lot level of between approximately 3.2m – 3.6m AHD.  A narrow pedestrian access way (PAW) of 0.1m in width runs along the length of the Layman Road frontage (with the exception of a 10m section approximately half way along) which would restrict vehicular access onto Layman Road.

 

The applicant estimates approximately 45 to 55 residential dwellings will be accommodated via a medium density range of R30 to R40, enabling both short- and long-stay residential options, and with the higher density concentrated along Layman Road and Spinnaker Boulevard.  The provision of an area zoned for ‘Business’/‘Local Centre’ enables a potential local convenience store development option, for the benefit of the local community, without compromising the broader objectives for commercial centres.  A road network is identified to access both Layman Road and Spinnaker Boulevard, along with further minor laneways within the development area.  A legible pedestrian network will also be provided, to ensure public access to the foreshore can be gained through the site.

 

The proposed Structure Plan for Lot 612 is provided at Attachment G and the accompanying Development Concept Plan is provided at Attachment H.

 

Lot 585 & Pt Lot 9501 Port Lane Structure Plan

 

Lot 585 and Pt Lot 9501 Port Lane have long been identified for commercial purposes, being the centre of the original ‘Port Geographe Village’ precinct.  Lot 9501 is the balance of the ‘Village Centre’ subdivision, with two portions being located on the mainland and the two southern-most portions that, by virtue of the lot design, are commonly called ‘The Islands’.

 

Lot 585 is a 5,456m2 parcel of land, which has been in the unencumbered, freehold title ownership of the City since 1999.  The original intentions for this land were for the provision of car parking associated with the commercial component of the former ‘Village Centre’.  However, with the proposed conversion of this area to ‘Residential’ (for reasons stated within this report) the additional parking within this site would no longer be necessary.  The car park associated with the adjacent boat launching facilities has undergone a recent expansion and will not require a further increase unless an extension to the boat launching facilities were to take place, which is not possible due to site constraints. 

 

The Port Lane parcels are currently zoned ‘Local Centre’ under the Scheme, despite the ‘Residential’ zoning identified on the PGDP (which initially identified the area as a mix of R40 and R60 and was subsequently modified to increase these densities to R60).  Lot 585 is identified as ‘Shopping/Tourist Carpark’ on both the PGDP and VCPP.

 

This land area within the ‘Village Centre’ was constructed around 2006 but has never been formally subdivided from the balance lot.  Canal walls largely surround three of the main areas of land the subject of the proposed Structure Plan.  The subject sites are generally cleared with a current lot level of approximately 2.2 – 2.4m AHD.

For a variety of reasons, the commercial development of the land has not proceeded, and given the location of the land, such development is seen as unlikely to be viable in future.  As such, the Structure Plan proposal identifies the land for medium-density residential development, delivering a greater range of housing choices into the precinct known as the ‘Port Geographe Village Centre’.  An estimated 60 to 75 residential dwellings will be delivered within R30 and R60 density codes, providing a variety of housing options; from smaller rear-loaded lots, to townhouse-style dwellings, contemporary single housing lots and a possible grouped or multiple dwelling site, depending on market demands.  The applicant has indicated that minimum two storey building heights will be a requirement for this residential development within the structure plan area, although this has not been indicated on the draft Structure Plan.  It is possible that the applicant intends to establish and enforce developer covenants over the future individual housing lots to require this.

 

The area covered by the proposed Structure Plan also includes a portion of the Port Lane road reserve.  The intention in incorporating this portion of road reserve is that this will enable the realignment of cadastral boundaries more in keeping with the existing constructed road pavement and necessary road reserve width, and will improve the overall efficiency of the development footprint.  A separate process under the Land Administration Act 1997 would need to be followed in relation to this matter.

 

The proposed Port Lane Structure Plan is provided at Attachment I and accompanying Development Concept Plan is provided at Attachment J.

 

Proposed Modifications to the Port Geographe Development Plan and Village Centre Precinct Plan

 

Consistent with the WAPC’s resolution of 28 August 2018, the PGDP and VCPP are proposed to be modified such that the subject land parcels will be identified as being excluded from those plans and subject to separate structure plans (as proposed herein). 

 

Further modifications to the PGDP and the VCPP include the removal of Planning Policy Statements related to commercial and community floor space, public boardwalks and cycle racks in the originally proposed but now redundant shopping centre car park.

 

The subject PGDP and VCPP have been updated accordingly (see Attachment K and L, respectively) and those modifications are recommended to be assessed and determined alongside the three current Structure Plan proposals. 

 

Supporting Technical Assessments

 

Technical reports provided in support of the Spinnaker Boulevard proposals, discussed in further detail in this report, include:

 

•    Coastal Hazard Assessment

•    Engineering Services Report

 

The following report was provided with the Port Lane proposal:

 

•    Geotechnical Note on Proposed Infill

 

Each of these technical reports is outlined below.

 


Coastal Hazard Assessment (Spinnaker Boulevard)

 

A Coastal Hazard Assessment by MP Rogers & Associates was provided in support of the proposed Structure Plans for both Lot 590 and Lot 612 Spinnaker Boulevard.  The report found that the reconfiguration of the Port Geographe coastal protection structures in 2014 provides adequate protection of these lots from coastal erosion.  Further, that the coastal protection works included an increased height to the sea wall adjacent to Lot 612 to provide protection against wave overtopping during severe weather events.  Lot 590 is considered to have sufficient protection from wave overtopping due to the two sea walls that provide entry into the marina, together with the separation distance between the sea walls and the proposed development site.

Any proposed development on either Lot 590 or Lot 612 is required to be constructed at a sufficient elevation to avoid risks posed by severe coastal inundation events.  In the absence of detailed modelling, a conservative estimate of the inundation level determined by the Design Storms for Western Australian Coastal Planning – Tropical Cyclones (Seashore Engineering 2018) has been used, requiring the FFL to meet a minimum requirement of 3.8m AHD.

 

Engineering Services Report (Spinnaker Boulevard)

 

The Engineering Services Report confirms that Lots 590 and 612 are connected to all essential service infrastructure and that there is sufficient capacity within the existing network to accommodate development of the sites as proposed by the subject Structure Plans.

 

The report also demonstrates that, in order to achieve a minimum FFL of 3.8m AHD, retaining walls may be necessary at the lot boundaries and at entry points.  The amount of fill necessary for each of these lots is likely to be up to 500mm to reach the appropriate finished lot level of 3.7m AHD.  Final road and retaining wall levels would then be determined at the detailed design stage.

 

Geotechnical Note on Proposed Infill (Port Lane)

 

The applicant sought the advice of civil and structural engineers as to whether it would be physically possible to achieve a FFL of 3.8m AHD over the Structure Plan area of Lot 585 and Pt Lot 9501 given the site is currently approximately 2.2 – 2.4m AHD.  The advice stipulates:

 

•    Increased fill levels have the potential to cause offsite subsidence, and could potentially result in damage to adjoining roads, service infrastructure, and private property.

•    The potential for instability and structural failure of the canal walls is increased significantly due to additional driving forces and load of the increased fill. This may result in the need to undertake significant improvement works to the walls and footings, at considerable expense to the landowner.

•    Any improvement works (e.g. for strengthening the canal walls or extensive building footings) will most likely require significant dewatering, resulting in an increased risk of exposing acid sulphate soils, which in turn can have significant environmental consequences.

•    In order to maintain a suitable factor of safety, building setbacks will most likely need to be increased to an estimated 12m-15m, resulting in a significant reduction in the developable footprint of the land (from a previous average setback of 6m, under the Scheme) to the point where the practicality of the developable area and the financial viability of the development would become highly questionable.

 

Due to this advice, the proposed Structure Plan does not mandate or agree to a minimum FFL, and proposes that the site can be developed ‘at or around’ the existing, approved lot levels of the surrounding area.  This matter is further discussed within the ‘Officer Comment’ section of this report.

 

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 Scheme’) and the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the Regulations’).

 

Local Planning Scheme No. 21

 

As mentioned above, Lots 590 and 612 Spinnaker Boulevard are zoned ‘Tourism’ within the Scheme, whilst Lot 585 and Pt Lot 9501 Port Lane are zoned ‘Local Centre’.  All parcels are located within the Port Geographe Development Area (PGDA), which is subject of controls set out at clause 5.9 of the Scheme. 

The Scheme requires for the PGDA that, in considering development within this ‘Special Control Area’, the City is to be mindful of:

 

(a)       the need to ensure appropriate standards of development and maintenance are achieved;

(b)       the need to control and enhance the health, safety, convenience, and general welfare and amenity of the locality; and

(c)        the need to ensure that development control within the PGDA is guided by the PGDP itself, but also by the ‘Port Geographe Landscape Master Plan’ and the Port Geographe VCPP.

 

Clause 5.9 provides for various development provisions related to canal lots, including that any structures within the lot boundary (such as water frontage walling and ‘other structures’) shall be the responsibility of, and maintained by, each water frontage lot owner. 

 

The requirements of the ‘Special Control Area’ also cover what must be considered through any proposed modifications to the PGDP and VCPP, such as the provision for a high level of direct public access to waterways and canals and a general presumption against residential lots backing onto conservation and foreshore reserves.  Specifically in regard to the VCPP, the Scheme requires the inclusion of a maximum 3,000m2 nett floor area for commercial/retail space and a minimum 200m2 constructed floor area for community and/or meeting space (or a minimum 400m2 development site for same).

 

The PGDA seeks the promotion of innovative development, and for a high standard of amenity to be maintained.  A comprehensive range of commercial uses is encouraged, together with residential and tourist accommodation, recreation and community facilities.

 

These matters are further discussed in the ‘Officer Comment’ section of the report.

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

The Regulations came into operational effect on 19 October 2015 and introduced ‘Deemed Provisions’ for the preparation, advertising and approval of structure plans (Part 4).  The status of structure plans has also changed and local governments are now required to have ‘due regard’ to approved structure plans when making decisions relating to subsequent subdivision and development.

 

Clause 15 of the Deemed Provisions prescribes the circumstances in which a structure plan may be prepared:


 

“A structure plan in respect of an area of land in the Scheme area may be prepared if —

 

(a)   the area is —  

 

(i)     all or part of a zone identified in this Scheme as an area suitable for urban or industrial development; and

 

(ii)    identified in this Scheme as an area requiring a structure plan to be prepared before any future subdivision or development is undertaken;

 

or

 

(b)   a State planning policy requires a structure plan to be prepared for the area; or

 

(c)    the Commission considers that a structure plan for the area is required for the purposes of orderly and proper planning.”

 

Although Amendment No. 28 to rezone the land to ‘Urban Development’ zone has been initiated by the City and will ultimately satisfy clause 15(a) of the Deemed Provisions of the Regulations above, it may be some time before it is finalised and gazetted, as it is still awaiting WAPC approval for advertising.  On this basis, the applicant sought the WAPC’s agreement to progress structure planning over the subject sites for the purposes of orderly and proper planning.  This agreement was subsequently received from the WAPC in August 2018 and the matter was therefore able to be progressed.

 

RELEVANT PLANS AND POLICIES

 

The key policies, plans and strategies relevant to the current proposal are:

 

·    State Planning Policy 2.6: State Coastal Planning.

·    Liveable Neighbourhoods (2009) and draft Liveable Neighbourhoods.

·    City of Busselton Draft Local Planning Strategy.

·    City of Busselton Local Commercial Planning Strategy.

·    City of Busselton Local Tourism Planning Strategy.

·    Local Planning Policy 4B – Port Geographe Village Centre Design Guidelines and Performance Standards.

·    Port Geographe Development Plan and Village Centre Precinct Plan.

 

Each is addressed below under appropriate subheadings.

 

State Planning Policy 2.6: State Coastal Planning (2013)

 

The purpose of State Planning Policy 2.6: State Coastal Planning (SPP2.6) is to provide guidance for decision-making within the coastal zone and to protect, conserve and enhance coastal values.  The Policy requires that coastal hazard risk management and adaptation is appropriately planned for, and encourages innovative approaches to managing coastal hazard risk.

 


The key objectives of the policy that relate to the proposal are:

 

·    to ensure that development and the location of coastal facilities takes into account coastal processes, landform stability, coastal hazards, climate change and biophysical criteria; and

·    to ensure the identification of appropriate areas for the sustainable use of the coast for housing, tourism, recreation, ocean access, maritime industry, commercial and other activities.

 

One of the key aspects of SPP2.6 is the management of development in the vicinity of the coast, and especially consideration of risks that may arise to and from development in relation to coastal processes.  Coastal processes include coastal erosion (i.e. more or less ‘permanent’ shifts in the coastline), coastal accretion and coastal inundation (i.e. temporary, flooding events).

 

Discussion of the proposal, as it is affected by SPP2.6, has been provided within the ‘Officer Comment’ section to follow.

 

Liveable Neighbourhoods (2009) and draft Liveable Neighbourhoods (2015)

 

Liveable Neighbourhoods (LN, 2009) is an adopted operational policy of the WAPC to guide structure planning and subdivision of new and infill urban areas.  LN 2015 is a ‘seriously entertained’ draft policy and, as advised by the DPLH, should be referred to in order to provide updated and improved guidance for the assessment and determination of planning and development proposals (rather than the now outdated LN 2009).

 

Aspects of LN 2015 especially relevant to this proposal are as follows:

 

·    Street layout – to provide a movement network which has a highly-interconnected street network that clearly distinguishes between arterial routes and local streets, establishes good internal and external access for residents, encourages walking and cycling, and minimises the impact of through traffic.

 

·    Design for a range of housing products – to provide a variety of lot sizes and housing types to cater for the diverse housing needs of the community at a density that can ultimately support the provision of local services.

 

·    Activity Centres – to promote mixed-use development of activity centres that optimise commercial opportunities, access to public transport and efficient street network connections.

 

Each of the proposed Structure Plans is considered to comply with the relevant objectives and requirements of the draft Liveable Neighbourhoods, 2015, with the exception of the guidance criteria for Activity Centre planning.

 

City of Busselton Draft Local Planning Strategy (2016)

 

The draft Local Planning Strategy (LPS) sets out the long-term planning direction for the City and provides an overarching, strategic rationale for decisions related to the planning and development of the District. The draft LPS establishes an urban growth area framework that identifies ‘current’ (land that is already zoned and where development is generally progressing), ‘medium-term’ (not currently zoned or subject to structure planning) and ‘long-term’ (also not currently zoned or subject to structure planning) locations for growth. 

 


The draft LPS identifies Port Geographe as a ‘current’ urban growth area, noting that land is already zoned with approved Structure Plans in place.  The document also identifies that further development of Port Geographe may involve the necessary updating, rationalisation and re-consideration of existing structure planning and should be reviewed.

 

Officers consider the current structure planning proposal to each be broadly consistent with the draft LPS.

 

City of Busselton Local Commercial Planning Strategy (2011)

 

The City of Busselton Local Commercial Planning Strategy (LCPS, 2011) provides a framework for the location of retail, commercial and industrial centres within the District. 

 

The LCPS acknowledges both that a significant over-supply of commercial land is provided for in the Port Geographe Village Centre and that the location of this ‘Local Centre’ zoned land is far from ideal in terms of its access and serviceability to the entire East Busselton area.

 

However, the following recommendation of the LCPS is made, referring to the Port Geographe Village Centre:

 

“The Layman Road area currently has a significant surplus of commercial zoned land but given the location of this site near the Port Geographe marina area, it may be worthwhile retaining in its current form. Council should consider this prospect together with the project proponents. Retain [sic] space in this centre should not exceed 1800m2.”

 

Given the context of the Port Geographe project at the time, the LCPS was not open to making a recommendation to remove the Activity Centre in its entirety, but the analysis at the time made a clear basis for why that location was not ideal.  Provision has been made within the two Spinnaker Boulevard sites for commercial development at a smaller scale, to provide basic amenities to the localised community.

 

The proposed Structure Plans, along with other planning proposals within the Port Geographe area are considered to generally comply with the LCPS.

 

City of Busselton Local Tourism Planning Strategy (2011)

 

The Local Tourism Planning Strategy (LTPS, 2011) provides the long-term strategic land use planning and 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 should be retained for tourism purposes. 

 

The Village Centre is identified in the LTPS as ‘Strategic Tourism Precinct No. 9 – Port Geographe’, where rezoning of the Spinnaker Boulevard sites for residential use is considered to be a risk to tourism opportunities as it would reduce the amount of accommodation for tourists potentially available at these locations. 

 

The following policy directions are identified for this precinct:

 

“Apply special provisions to ensure that tourist accommodation development is permissible and generally support proposals to rezone land to support tourism development, where it is consistent with the broader planning framework.”

 

“As part of any rezoning proposal due consideration will need to be given to any future foreshore works or groyne configuration works intended as part of any wider land use and waterbody rationalisation for the Port Geographe locality.”

 

The Spinnaker Boulevard lots are specifically identified within the LTPS as ‘Tourist-zoned land where alternative zonings may be considered’, suggesting that any proposal to amend the zoning should be assessed on its fundamental, and realistic, planning merits. 

 

Further comments in relation to Lots 590 and 612 within the LTPS advise that building heights greater than 3 storeys may be considered, subject to further consideration of detailed issues and consultation with the community.  The land may be zoned to allow for the full range of permissible uses in ‘Residential’, ‘Tourism’ and ‘Commercial’, but the tourist accommodation component is to be a minimum of 30 per cent of the total number of proposed residential units of development.

 

The recommendations of the LTPS have been taken into consideration in the formulation of these proposed Structure Plans.

 

Local Planning Policy 4B – Port Geographe Village Centre Design Guidelines and Performance Standards

 

The ‘Port Geographe Village Centre Design Guidelines and Performance Standards’ (LPP 4B) provides a number of architectural principles and building form guidelines to ensure that development in the Port Geographe Village Centre retains a high built-form quality and an aesthetically pleasing standard.

 

The policy identifies both Lots 590 and 612 for ‘Tourist Accommodation’, with Lot 590 establishing a waterside entry statement for the whole of the Port Geographe development and which should therefore be developed to create a distinctive ‘landmark’ presence at the harbour entry channel.  The Port Lane properties are identified within the LPP as “Marina Facility”.

 

The design requirements proposed for the subject parcels of land will be expected to address these guidelines and standards, should the Structure Plan proposals be supported by the Council.

 

Port Geographe Development Plan and Village Centre Precinct Plan (2008)

 

As mentioned above, the PGDP and VCPP, both most recently adopted in 2008, identify Lots 590 and 612 Spinnaker Boulevard for ‘Tourist Development’.  A note on both Plans states that “notwithstanding that lots numbered PT 500, 590, 612, 614, 616 and 617 are shown uncoloured on the plan, development shall be determined in accordance with the District Town Planning Scheme.”  No provisions are provided within the Structure Plan relating to the development of these parcels, other than generic references to compliance with the requirements of the Port Geographe Village Centre Design Guidelines. 

 

Pt Lot 9501 is also identified as ‘Residential R60’ with sections identified for “Mixed use retail/Commercial/Residential” and “Tourist/Residential”.  Lot 585 is identified for “Shopping/Tourist Car Park”. 

 

A further notation on the PGDP and VCPP requires the provision of public boardwalks “to be secured for unrestricted general public (pedestrian) access” along the perimeter of Pt Lot 9501 where it fronts the marina. 

 


The PGDP and VCPP set out a number of ‘Planning Policy Statements’ that are relevant to the Port Lane Structure Plan area, including:

 

“…

 

2.         Maximum of 3000m2 of net lettable area of Retail floorspace and a minimum of 200m2 of constructed floorspace for Community Purposes is to be provided within the area of the Village Centre identified for Mixed Use.

 

3.         Public access along the boardwalks proposed along the waterfront and within the Village Centre, as identified on the Port Geographe Development Plan and Village Centre Precinct Plan, is to be appropriately secured. The Boardwalks and associated structures are to be constructed by the Proponent and maintained by the owners of the relevant lots to the satisfaction of the Shire of Busselton and the Department for Planning and Infrastructure in accordance with construction details submitted by the Subdivider and approved by those agencies. The design of the Public Boardwalk adjacent to the Public Boat Ramp is to be to the satisfaction of the Department for Planning and Infrastructure so as not to hinder boat launching.

 

 

9.         Cycle racks are to be provided in the Village Centre Shopping/Tourist Carpark.”

 

The applicant proposes to remove the abovementioned planning policy statements as part of the proposal to modify the PGDP and VCPP.  The appropriateness of the removal of these clauses is discussed within the Officer Comment section of this report.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications arising from the proposal

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long term financial plan implications arising from the proposal

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of officers provided in this report is consistent with community objective 2.1 of the City’s Strategic Community Plan 2017, which is – ‘Planning strategies that foster the development of neighbourhoods that meet our needs as we grow’.

 

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.

 

It is noted that the ‘Officer Recommendation’ addresses the adoption of the proposal for referral to the WAPC. In making a recommendation to the WAPC, however, the City will need to consider risks that may arise from the actual development that may follow approval of the Structure Plan by the WAPC.  Key amongst those are risks associated with coastal processes, especially risks that may be associated with coastal storm surge events and potential climate change related sea level rise.

 


CONSULTATION

 

The draft Structure Plans were advertised for 28 days, in accordance with the Deemed Provisions, ending 24 April 2019.  A Schedule of Submissions is provided at Attachment M.  Ten public submissions were received with the majority generally supporting development on the sites.  Of these submissions, five stated concerns with particular components of the proposed plans, while five supported the plans as advertised.

 

The main issues raised during the submission period relate to:

 

·    The loss of pedestrian access to the waterfront/canals;

·    The perceived loss of a community purpose building;

·    The provision of short stay accommodation; and

·    Finished floor levels required under State policy.

 

These matters are discussed in the ‘Officer Comment’ section below and in the ‘Schedule of Submissions’.

 

The following agencies made specific comment on the proposal:

 

·    DPLH (Strategy and Engagement) provided advice on the compliance of the structure plan proposals against SPP2.6.  DPLH advised that the parcels would be considered as infill development and could therefore be developed, provided coastal hazard risks over the 100-year planning timeframe are identified, considered and managed.  Further, DPLH identified inundation as a significant risk and, in accordance with SPP2.6 and the Department of Transport’s Design Storms for Western Australian Coastal Planning – Tropical Cyclones, a minimum FFL of 3.8m AHD would be necessary.  Given the current site levels are 2.2m-2.6m AHD, DPLH has suggested that the structure plan should be modified to demonstrate how the inundation risk is to be managed and alternative design options should be investigated.

 

·    The Department of Transport (DoT) provided advice with regard to mooring considerations.  A ‘Jetty and Mooring Envelope Plan’ is recommended to be provided as a condition of subdivision of Lot 9501 Port Lane and is reflected in the Schedule of Modifications at Attachment N.  No jetty structures will be supported at the remaining sites.

 

DoT also provided further advice that additional detailed information, supporting the assessment of Lot 612 against SPP2.6, demonstrating that the existing coastal structures shall provide sufficient protection from coastal hazards over the planning timeframe.

 

OFFICER COMMENT

 

The most substantive issues identified through the officer assessment and the outcomes of consultation are addressed under the following headings:

·    Coastal processes

·    Requirements of the Port Geographe Development Area

-    Tourist Development

-    Commercial Development

-    Community Facilities

-    Port Geographe Village Centre Design Guidelines

-    Public Boardwalks/Public Access

·    City Owned Land (Lot 585 Port Lane)

·    Starboard Lane

 

Coastal processes

 

Inundation Risk

 

DPLH has identified that inundation is a significant risk over the planning timeframe (100 years) and that based on SPP2.6 and DoT’s Design Storms for Western Australian Coastal Planning - Tropical Cyclones, a minimum FFL of 3.8m AHD should be achieved.

 

The applicant has advised that development within Lots 590 and 612 is likely to meet the required FFL of 3.8m AHD as it appears only 500mm of fill would be required.  However, further consideration is required to be given to the Port Lane proposal, where a substantial amount of fill would be needed to achieve 3.8m AHD as the finished ground level is currently much lower, and there may be implications associated with the integrity of the existing canal revetment (et al.) should a higher ground level be introduced.

 

With regard to Lot 585 and Pt Lot 9501 Port Lane, the applicant has advised that compliance with a FFL of 3.8m AHD, as required by SPP2.6, is unworkable for the development at this location.  Given current ground levels at the site range from approximately 2.2 to 2.6m, the import of 1.2 – 1.6m of compacted fill would be required to achieve the necessary level determined as appropriate by State agencies (3.8m AHD).  The geotechnical report submitted with the application has indicated that this level of fill could not be supported by the existing canal structures and significant improvement works would be necessary, which in turn could cause further environmental consequences through the risk of acid sulphate soils exposure by dewatering.  The concerns raised by the applicant in this instance seem reasonable.

 

In this report, the City does not suggest an alternative minimum FFL.  Given the proponent’s concerns, the technical advice and the policy framework, the key question is – why and in what circumstances would the WAPC, whose role it is to make sustainable planning decisions on behalf of the Government of Western Australia, acting in the best long-term interests of the people of Western Australia as a whole, consider allowing development to proceed at a lower FFL?

SPP2.6 does, to a degree, provide an answer to this question, and that is through the ability for local governments (and in some cases, proponents) to develop a Coastal Hazard Risk Management and Adaptation Plan (CHRMAP). A CHRMAP may then identify alternative means of protecting the development (and other existing areas, that would be similarly exposed to coastal flooding risks), rather than setting building floor levels at or above 3.8mAHD. For instance, through a system of seawalls/levies and storm surge barriers.

 

The City has commenced the process of developing its CHRMAP, but the project is not expected to be completed until September 2019 (and may be subject to delay).  It is expected that the City will be making a recommendation on the subject Structure Plan in mid-2019.  In the absence of a CHRMAP and alternative means of addressing the risk, how else might the City and the WAPC consider allowing development to proceed at a lower FFL?

 

Conceptually, there are considered to be three key reasons why the City and WAPC might consider doing so –

·    Because they might consider that it is a reasonably likely prospect that an alternative means of addressing the risk will emerge in the future;

·    Because they might consider the risk in the context of the competing risk that the development (i.e. the Port Geographe development area as a whole) does not continue to completion in a timely fashion, given that the relatively slow and inconsistent progress of the development to date has been problematic already; and

·    Because they might consider that the application of SPP2.6 without broader contextual considerations creates investor uncertainty, which may then have other implications.

 

Reflected in the recommended Schedule of Modifications at Attachment N is the requirement for the applicant to provide a more detailed investigation of the site against the aims, objectives and requirements of SPP2.6, particularly in terms of how the inundation risk is to be managed, and consideration of alternative design options, consistent with DPLH’s advice.  Whilst the City is not in a position to offer an alternate figure, officers consider that levels lower than the 3.8m AHD minimum requirement offered by State agencies could nevertheless result in a sound outcome.

 

Wave Overtopping

 

Wave overtopping on Lot 590 is likely to be minimal, due to protection from both the outer and inner breakwaters and separation from the ocean.  The Coastal Hazard Assessment submitted with the Structure Plan found that the extent of any overtopping would be negligible and no risk to safety or property.

 

In relation to Lot 612, whilst the detail provided with the Structure Plan proposal included a Coastal Hazards Assessment, limited information was provided on the ability of the coastal structures, recently reconfigured in 2014, to protect the development from wave overtopping at that particular site.  The Coastal Hazard Risk Management Plan itself identifies that “the design for the revetment section fronting Lot 612 was completed primarily to focus on the stability of the structures themselves, as well as the safety of pedestrians immediately behind the structure.”  The MP Rogers and Associates report, however, concludes that Lot 612 can be safely developed (and any minor risks managed). 

 

However, this detailed additional information is needed to be provided to demonstrate that the coastal structures provide sufficient protection from coastal hazards under SPP2.6 and has been requested by officers from the applicant on several occasions.  It is expected that this will confirm the matter, but the evidence to demonstrate this is necessary.  

 

Requirements of the Port Geographe Development Area

 

Tourist Development (Spinnaker Boulevard Structure Plans)

 

In terms of comments and recommendations within the LTPS, with respect to the new Structure Plans identifying the Spinnaker Boulevard sites for ‘Residential’ development (as opposed to ‘Tourist’ development), it should be noted that the LTPS pre-dates the City’s ‘Holiday Homes Local Planning Policy’.  Market forces are likely to ensure that residential units and single houses have the demand, and opportunity, to be utilised as holiday homes, if needed (as is the case in other areas of high amenity within the District).  The applicant reports that the current zoning of ‘Tourism’ has precluded viable commercial development of the Spinnaker Boulevard lots for some 20 years and it is highly unlikely that any development will occur under the current zoning.

 

In response, the current Structure Plan proposal is expected to facilitate the attractive and functional development of the subject land, which could in turn provide for short-stay (tourist-related) development opportunities, as well as increased housing choices, on an otherwise ‘undevelopable’ site.

 

Commercial Development (Port Lane Structure Plan)

 

The Port Lane Structure Plan does not propose to include any additional commercial land, and instead seeks to deliver a high quality, medium-density residential precinct, catering for both permanent residents and short-stay tourist accommodation.

 

The LCPS acknowledges that the proximity of the Port Geographe Village Centre to the Busselton City Centre (within 2km) means that additional commercial floor space provided there will be unlikely to attract patronage by the current and future catchment in and around eastern Busselton.  A significant over-supply of commercial land in the Port Geographe area is already identified within the LCPS and consideration should be given for rezoning portions of the site for appropriate non-commercial uses, such as higher density residential.

 

Further, the LCPS acknowledges that the location of this potential commercial precinct is poor in terms of its serviceability to the broader eastern Busselton area for general local and neighbourhood shopping needs. It is at the far eastern edge of the logical service catchment area and more appropriately suited to uses associated with the nearby marina.  Given its coastal location, it is considered that this commercial land would be better used for residential and/or tourist purposes rather than retail/commercial uses per se.

 

There may be the need in the future for a small store/mini-mart and related retail facilities in this commercial area, such as that which is provided for in the Structure Plan for Lot 612.  As a general restriction, however, any retail space in the Layman Road centre should be sized to service at the local level, with a maximum of 1800m2 floor space, as opposed to the 3000m2 required under the PGDA.

 

While the LCPS considers that the ‘Business’/‘Local Centre’ zone remain to encourage the development of “marine, tourist and related uses”, the planning context and strategic planning framework has changed since 2011, whereby Holiday Home uses are now much more prevalent.  It is considered that the modifications proposed to the planning framework under the proposed Structure Plans will encourage development of areas that has so far been unfeasible and impractical.

 

In the assessment of this proposal it is noted that Liveable Neighbourhoods (2015) supports the provision of mixed-use development and activity centres in areas with suitably sized catchments that can add to the vitality and viability of commercial ventures.  The lack of commercial development within the Port Geographe Village Centre is thought to be a result of the relative isolation of the mooted commercial sites.  The proposed ‘Newport Geographe’ Structure Plan in the southern portion of Port Geographe is instead making provision for an alternative Commercial Centre, or ‘hub’, which will take advantage of the residential areas on both the eastern and western sides of the marina.  It is not anticipated to conflict with the existing Local Centre on Armitage Drive as it is expected to deliver a different commercial product and be far better suited to such development, having direct access to the canals and therefore more likely to provide more tourist-related functions.

 

The somewhat outdated, sector-based Strategies (both Tourism and Commercial) are not reflective of contemporary planning for the Port Geographe area and fail to acknowledge the ‘real’ and ‘on the ground’ circumstances that have been evolving there over the last 10+ years.

 

Community Facilities

 

The Scheme and the PGDP both identify the requirement for the provision of a small community-purpose facility with 200m2 of constructed floor area within the Village Centre precinct.  An agreement between the City and the current landowner specifically requires the transfer of either:

 

(a)    a minimum of 200m2 of constructed floorspace within the Village Centre; or

(b)    a block of freehold land within the village centre with a minimum size of 400m2.

 

As with the commercial/retail hub that is considered to be more likely and appropriate within the ‘Newport Geographe’ development, and with community facilities already well provided for at Port Geographe (and additional quality facilities likely at ‘Newport’), it is considered to be in the City’s best interests to seek a ‘cash in lieu’ payment from the current landowner, instead of accepting transfer to the City of the physical site and being unable to determine suitable facilities that are needed/wanted by the local community to construct there.

 

The landowner has indicated it is prepared to consider foregoing the provision (required ceding) of the community purpose site for a cash in lieu payment to the City. 

 

City officers also met with representatives of the ‘Port Geographe Landowners’ Association’ to discuss that particular prospect and ensure that those representatives were fully aware of (and generally supportive of) the planned intentions of the City regarding the prospective use of those cash-in-lieu funds and the adequate provision of such facilities elsewhere in the Port Geographe location.  While no objection was initially received to this proposal, the submission from the Port Geographe Landowners’ Association and other submissions have expressed a desire to see a portion of Lot 585 retained for some form of community use.

 

Port Geographe Village Centre Design Guidelines

 

The Scheme (at clause 5.9.4) requires any development within the VCPP to be in accordance with the Port Geographe Village Centre Design Guidelines.  The Design Guidelines are being retained, but given the proposed Structure Plan areas will be removed from the VCPP, this connection with the Design Guidelines will be lost.  Whilst the Design Guidelines need review to update the land uses contemplated, the general architectural concepts remain valid.

 

The three proposed Structure Plans also identify where a Local Development Plan is to be prepared, addressing lots that:

 

·    abut public foreshore reserves;

·    are serviced by a rear laneway; or 

·    are zoned ‘Business’/‘Local Centre’.

 

The proposed Structure Plans do not reference the existing Design Guidelines and, given the land parcels will no longer be included within the PGDP and VCPP, the Design Guidelines would therefore no longer apply. 

 

To ensure continuation of the critical aspects of the Design Guidelines, being certain desirable architectural principles and building form, it is recommended that the proposed Structure Plans be amended to ensure that a Local Development Plan is prepared for all land parcels within the Structure Plan area and that these Local Development Plans are developed in reference to the Port Geographe Village Centre Design Guidelines.  This recommendation is provided within the Schedule of Modifications at Attachment N.

 

Public boardwalks/Public Access

 

The Port Geographe Development Area ‘Special Control Area’ places importance on the retention of “a high level of direct public access to waterway/canals” in the Scheme by the inclusion of this within any future version of the PGDP.  The requirement to retain pedestrian routes throughout the former Village Centre is echoed within the PGDP, VCPP and LPP 4B, with the extensive provision of waterfront boardwalks to facilitate public access.

 

The applicant has stated that the boardwalks were initially proposed to provide a public interface to the planned commercial and tourist uses within Lot 9501 and were not intended as primary pedestrian routes through the site, which is identified separately on the PGDP.  The applicant further argues that the change of land use proposed by this Structure Plan no longer gives rise to the need for a public boardwalk in this location, and as such, seeks the removal of this requirement.

Despite this, the desire for this pedestrian access has been reflected through the public submissions received during advertising, with a number of submissions seeking better pedestrian access for lots within the southern portion of the Port Geographe development to the marina and coastal areas.  Currently, the only public access to the marina and canals is provided at the marina itself, around the existing restaurant and at the small number of pocket parks that are not widely used.  The development of Lot 9501 is the last remaining opportunity for the creation of meaningful access for the community to enjoy the amenity of the waterfront areas.  Although a perceived security and amenity risk could arise with the provision of public access in close proximity to residential houses, this concern is no different to the provision of a dual use path. 

 

Given the importance placed on access to the waterfront areas and canals by the Scheme, et al, and the expressed desire of existing residents, it is recommended that a portion of the original public boardwalk network be retained and incorporated into the proposed pedestrian network within the ‘Village Centre’.  Officers consider that the portion of Lot 9501 nearest to the public boat launching facilities providing the mainland interface with the Marina (as distinct from the portions known as ‘The Islands’) should include public access to the waterway as an extension of the pedestrian network.

 

The original provision within the PGDP required public boardwalks to be created within individual lot boundaries and to be maintained by each individual lot owner.  Officers believe this requirement to be overly onerous and impractical.  A preferred approach could be for a constructed pathway along the landward side of the canal edge in this location, instead of a boardwalk, would achieve the requirement for public access while reducing the construction and ongoing maintenance costs quite significantly.  The ongoing maintenance of the pathway would also more appropriately lie with the City rather than the individual lot owners. 

 

These land tenure matters will need to be further investigated and resolved with the applicant/landowner, which can occur without delaying final consideration of the Structure Plan.  As such, the Schedule of Modifications, at Attachment N, recommends a new provision to be included within Part One of the Structure Plan document with a notation on the Structure Plan map.

 

City Owned Land (Lot 585 Port Lane)

 

Development of the northern-most section of Lot 9501 nearest to the Marina is constrained by the narrow width (being only approximately 26 metres of 'dry' land) between the marina (canal wall) and the City-owned Lot 585. The narrow nature of this strip of land limits viable development opportunities, particularly with respect to accommodating on-site car parking.

 

As part of a broader review of the balance of the land within the former Village Centre precinct, the applicant identified an opportunity for a ‘like-for-like’ land exchange between Lot 9501 and Lot 585 which will not only improve the development potential of the area fronting the marina, but will consolidate the City's landholding and provide direct frontage to the main entry of the former ‘Village Centre’ from Layman Road.  It is intended that such a land rationalisation will stimulate development of the strip of land fronting the marina, as well as providing an improved planning and development outcome for Lot 585.

 

Alternatively, the applicant identified a proposal where the landowners would potentially purchase Lot 585 for residential development.  Lot 585 was initially set aside for future expansion of the parking area to service the commercial/retail aspect of the former ‘Village Centre’.  In recent times, the focus on the ‘Village Centre’ as a major commercial node has dissipated, and as such, there will no longer be demand for public parking in this location.

 


Comments provided during the public submission period sought an additional area of public open space in the area of Lot 585, rather than the development of this land.  However, a significant provision for public open space has already been provided for the area north of Lanyard Boulevard, a contribution by the original subdivider of 17.77% of the gross subdivisible area, being greater than the 10% required by State policy.  Much of these existing parks appear to be underutilised. 

 

Further discussions with the applicant and landowners are continuing and the correct statutory processes for disposal of the subject land will be followed, if that approach is favourably endorsed by the Council.

 

Starboard Lane

 

The Starboard Lane road reserve ceases at the boundary of Lot 584, directly to the north of Lot 585 Port Lane.  Lot 584 is owned in freehold by the City and the road pavement continues through to the marina and associated parking.  In order for the development to be realised as per the proposed Structure Plan, this land would need to be ceded as road reserve.  The Structure Plan recognises this by requiring any lots fronting Starboard Lane to have legal road access prior to subdivision.  Any costs associated with the creation and dedication of the road reserve will be required to be borne by the subdivider.

 

CONCLUSION

 

As a result of the assessment detailed above, City officers recommend that the Council provides a recommendation to the WA Planning Commission to support, subject to the modifications detailed at Attachment N) the following proposed Structure Plans:

 

1.    Proposed Structure Plan for Lot 590 Spinnaker Boulevard, Geographe.

2.    Proposed Structure Plan for Lot 612 Spinnaker Boulevard, Geographe.

3.    Proposed Structure Plan for Lot 585 and Pt Lot 9501 Port Lane, Geographe.

4.    Proposed modifications to the Port Geographe Development Plan.

5.    Proposed modifications to the Village Centre Precinct Plan.

 

OPTIONS

 

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

 

1.         Resolve to adopt the draft Structure Plans for final approval subject to further (or alternative) modification(s); and/or

 

2.         Resolve not to adopt the draft Structure Plans for final approval, for reasons to be specified.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the Officer Recommendation will occur within one month of the date of decision.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Pursuant to Schedule 2, Part 4 of the Planning and Development (Local Planning Schemes) Regulations 2015, adopts for Final Approval, subject to the Schedule of Modifications at Attachment N, the following:

 

a)         Proposed Structure Plan for Lot 590 Spinnaker Boulevard, Geographe.

b)        Proposed Structure Plan for Lot 612 Spinnaker Boulevard, Geographe.

c)         Proposed Structure Plan for Lot 585 and Pt Lot 9501 Port Lane, Geographe.

d)        Proposed modifications to the Port Geographe Development Plan.

e)        Proposed modifications to the Village Centre Precinct Plan.

 

2.    Pursuant to Schedule 2, regulation 19 of the Planning and Development (Local Planning Schemes) Regulations 2015, resolve to endorse the Schedule of Submissions at Attachment M prepared in response to the public consultation undertaken in relation to these draft Structure Plans.

 

3.    Pursuant to Schedule 2, regulation 20 of the Planning and Development (Local Planning Schemes) Regulations 2015, requires that a report on the draft Structure Plans be provided to the Western Australian Planning Commission within the timeframe agreed with the Commission.

 

4.    Pursuant to Schedule 2, regulations 22 and 23 of the Planning and Development (Local Planning Schemes) Regulations 2015 should the WAPC require modification be made to any of the draft Structure Plans, other than those set out in Attachment N, these modification are to be undertaken accordingly, on behalf of the Council, unless they are considered by officers to be likely to significantly affect the purpose and intent of the draft Structure Plan(s), in which case the matter shall be formally referred by to the Council for assessment and determination.

 

 


Council

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26 June 2019

13.1

Attachment a

Location Plan

 


Council

42

26 June 2019

13.1

Attachment b

Aerial Photograph - Lot 590 and Lot 612

 


Council

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26 June 2019

13.1

Attachment c

Aerial Photograph - Port Lane

 


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26 June 2019

13.1

Attachment d

Port Geographe Development Plan & Village Centre Precinct Plan (Current Adopted Structure Plans)

 



Council

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26 June 2019

13.1

Attachment e

Proposed Structure Plan Report Part 1 - Lot 590

 


 


 


Council

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26 June 2019

13.1

Attachment f

Development Concept Plan - Lot 590

 


Council

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26 June 2019

13.1

Attachment g

Proposed Structure Plan Report Part 1 - Lot 612

 


 


 


Council

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26 June 2019

13.1

Attachment h

Development Concept Plan - Lot 612

 


Council

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26 June 2019

13.1

Attachment i

Proposed Structure Plan Report Part 1 - Port Lane

 


 


 


 


Council

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26 June 2019

13.1

Attachment j

Development Concept Plan - Port Lane

 


Council

62

26 June 2019

13.1

Attachment k

Proposed Modified Port Geographe Development Plan

 


Council

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26 June 2019

13.1

Attachment l

Proposed Modified Village Centre Precinct Plan

 


Council

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26 June 2019

13.1

Attachment m

Schedule of Submissions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

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26 June 2019

13.1

Attachment n

Schedule of Modifications

 


 

 


Council                                                                                      84                                                                      26 June 2019

14.             Engineering and Work Services Report

Nil


Council                                                                                      86                                                                      26 June 2019

15.             Community and Commercial Services Report

15.1           NAMING OF THE BUSSELTON TENNIS CENTRE

SUBJECT INDEX:

Naming of City Assets

STRATEGIC OBJECTIVE:

Attractive parks and open spaces that create opportunities for people to come together, socialise and enjoy a range of activities.

BUSINESS UNIT:

Community Development

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Club Development Officer - Pam Glossop

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

This report seeks the Council’s endorsement to name the Busselton Tennis Courts and Pavilion located at Lot 507, part Reserve 8485 Busselton (Barnard Park) as the Busselton Tennis Centre, in line with Council policy ‘Naming of City Roads and Assets’.

 

BACKGROUND

 

The Busselton Tennis Club Relocation Working Group (the Working Group) have meet regularly over the last three years as they plan for the soon to be realised relocation of the Busselton Tennis Club from the corner of Queen Street and Marine Terrace to the new location at Lot 507 Marine Terrace.

 

The existing tennis club pavilion is called the Charlie Clayton Pavilion and the complex as a whole is named the Busselton Tennis Club. The subject of naming the new tennis club premises was raised during business planning. It was felt that the name of the new facility was important to support the City and Club’s aim of engaging more broadly with the community. The Busselton Tennis Centre was suggested as a name for the new facility and this was discussed at a meeting of the Busselton Tennis Club on 4 February, 2019.

 

On 11 May 2019, at the Busselton Tennis Club Annual General Meeting (AGM), a proposal to name the new facility the Busselton Tennis Centre (with no separate name for the pavilion) was put forward. An alternative motion was moved to name the new pavilion after a local identity however this motion was defeated. The Busselton Tennis Club now seek the Council’s endorsement to name the new Busselton tennis courts and pavilion located at Lot 507 part Reserve 8485 Busselton (Barnard Park) the ‘Busselton Tennis Centre’.

 

STATUTORY ENVIRONMENT

 

Nil.

 

RELEVANT PLANS AND POLICIES

 

Council Policy Naming of City Roads and Assets is a relevant policy.

 

The policy applies in respect to any proposal to name a park, garden, reserve, memorial, sports ground and building or other significant infrastructure asset owned by or under the care, control or management of the City of Busselton

 

FINANCIAL IMPLICATIONS

 

There are no financial implication associated with the officer recommendation with the cost of signage able to be met in the current budget.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long term financial implications associated with the officer recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The officer recommendation primarily aligns with the following Key Goal Area and Community Objective of the City of Busselton’s Strategic Community Plan 2017:

 

Key Goal Area 2 – PLACES AND SPACES

2.2 Attractive parks and open spaces that create opportunity for people to come together, socialise and enjoy a range of activities.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City's risk assessment framework.  There are no risks identified of a medium or greater level associated with the officer recommendation.

 

CONSULTATION

 

Consultation has been undertaken with the Working Group and with club members via the AGM, who support the ‘Busselton Tennis Centre’ as the most appropriate name for the new tennis complex (inclusive of the courts and pavilion). Officers are comfortable that broader community consultation including advertising of the proposed name is unnecessary.

 

OFFICER COMMENT

 

The Busselton Tennis Club has discussed the naming of the new tennis courts and pavilion with its members and has achieved consensus on the proposed name – the ‘Busselton Tennis Centre’.

 

It is felt that the name, the ‘Busselton Tennis Centre’ is inclusive in nature and reflects a facility that can be used by all of the community. This view is supported by City Officers.

 

CONCLUSION

 

Council are requested to endorse the naming of the Busselton tennis courts and pavilion located at Lot 507 part Reserve 8485 Busselton (Barnard Park) as he Busselton Tennis Centre.

 

OPTIONS

 

Council may elect to:

 

·    Propose or seek alternative naming of the tennis courts and pavilion located on Lot 507 part reserve 8485 Busselton (Barnard Park).

·    Not proceed with the proposed naming at this time.

 


TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Officers will advise the Busselton Tennis Club immediately of the Council’s decision.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Approve the naming of Part Reserve 8485, Lot 507 as the Busselton Tennis Centre; and 

 

2.    Consult with the relevant Government agencies to formalise the naming process of Part Reserve 8485, Lot 507 to the Busselton Tennis Centre.

 

  


Council                                                                                      88                                                                      26 June 2019

16.             Finance and Corporate Services Report

Nil


Council                                                                                      90                                                                      26 June 2019

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillor's Information Bulletin

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Executive Assistant to Council - Katie Banks

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

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

17.1.1    Current Active Tenders 2018/19

 

EOI01/18 CONSTRUCTION OF THE CITY CENTRE EASTERN LINK – STAGE 1  

·    Requirement – Construction of the City Centre Eastern Link Stage 1.

·    An Expression of Interest was advertised on 15 December 2018 with a closing date of 22 January 2019. 

·    The process for making a preliminary selection among prospective tenderers has been completed and pursuant to delegation LG3K, the CEO determined that Ertech Pty Ltd, Georgiou Group Pty Ltd and BMD Constructions Pty Ltd be accepted by the City as “acceptable tenderers” and thus eligible to participate in the forthcoming request for tender.

·    The tender phase was commenced by private notice pursuant to RFT05/19 (see below).

 

PQS01/19 PLANT AND EQUIPMENT HIRE – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

·    Requirement – hire of plant and equipment.

·    The PQS was advertised on 9 February 2019 with a closing date of 7 March 2019. 

·    The closing date has been extended until 14 March 2019.  A further State wide advertisement providing notification of the extension was provided by the City on 9 March 2019.

·    Thirty submissions were received.

·    In accordance with delegation LG3M the CEO has authority to establish the panel and to decide which applications to accept.

·    It is anticipated that the panel of pre-qualified suppliers will be established by the CEO in June 2019.

 


 

RFT01/19 SUPPLY OF MOBILE WASTE SHREDDER

·    Requirement – the supply of a mobile waste shredder to be delivered at the Dunsborough Waste Facility.

·    A Request for Tender was advertised on 9 March 2019 with a closing date of 26 March 2019.

·    Five submissions were received.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J and will require Council approval.

·    The CEO under delegated authority declined to accept any tender.

 

RFT02/19 PROVISION OF CLEANING SERVICES TO CITY OWNED FACILITIES

·    Requirement – the provision of cleaning services to City owned facilities.

·    A Request for Tender was advertised on 9 March 2019 with a closing date of 4 April 2019.

·    Eight submissions were received.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J and will require Council approval.

·    It is anticipated that the contract will be awarded in June 2019.

 

RFT04/19 SUPPLY OF TWO TRI-AXLE SIDE TIPPING TRAILERS

·    Requirement – supply of two tri-axle side-tipping trailers.

·    A Request for Tender was advertised on 23 March 2019 with a closing date of 9 April 2019. 

·    Four submissions were received.

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3J.

·    A contract was awarded by the CEO under delegated authority to Haulmore Trailer Sales Pty Ltd in June 2019.

 

RFT05/19 CITY CENTRE EASTERN LINK

·    Requirement – following an Expression of Interest (EOI 01-18) process for making a preliminary selection among prospective tenderers, the City of Busselton invited tenders for the construction of the City Centre Eastern Link Road upgrade including stages 1,2A and 2B.

·    Three tenderers were invited to submit a tender – Georgiou Group Pty Ltd, Ertech Pty Ltd and BMD Constructions Pty Ltd, with a closing date of 14 May 2019.

·    The closing date was extended to 28 May 2019.

·    Two submissions were received.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J and will require Council approval.

·    It is anticipated that the contract will be awarded in July 2019. However contract commencement is subject to the relevant conditions precedent being satisfied including environmental approvals being obtained.

 

RFT06/19 DESIGN, SUPPLY AND INSTALLATION OF BIRD NETTING OVER STORM WATER RENTENTION BASIN

·    Requirement –. The design, supply and installation of bird netting over storm water retention basin.

·    A Request for Tender was advertised on 22 May 2019 with a closing date of 12 June 2019. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3J.

 


 

17.1.2    Donations, Contributions and Subsidies Fund – May 2019

 

The Council allocates an annual budget allowance to the Donations, Contributions and Subsidies (Sponsorship Fund).  This is provided such that eligible groups and individuals can apply for and receive sponsorship to assist them in the pursuit of endeavours that bring direct benefit to the broader community.  Allocation of the funds is delegated to the Chief Executive Officer, in accordance with published guidelines and funding availability.

 

Two applications were supported in May 2019, totalling $800.00 as outlined in the table below:

 

App. No.

Recipient

Purpose

Amount

May 2019

63/1819

Obie Herring

Selected to represent WA as a member of the U13 Junior State Team to compete in the 2019 National Junior Table Tennis Championships held in Wollongong NSW in July 2019. Funds to assist with travel related expenses.

$300.00

64/1819

Southern Districts Agricultural Society Inc.

The Southern Districts Agricultural Society are seeking sponsorship to purchase materials needed to construct display frames to be used in exhibits at the Busselton Show in an effort to improve the experience for people attending the Show by updating their exhibitions area.

$500.00

 

 

May Total

$800.00

 

·    At the end of May 2019, expenditure from the Donations, Contributions and Subsidies Fund totalled $21,271.00, leaving a balance of $8,729.00.

17.1.3    Recent Correspondence

 

20 May 2019 – Local Economic Development - WALGA

To assist the Local Government sector in this area, WALGA has recently undertaken a major study into Local Economic Development. The project aimed to:

·    Examine the current economic development activities undertaken by Local Governments in Western Australia;

·    Explore the broader economic development landscape and environment in which Local Government operates;

·    Support the sector to understand its role in driving local economic outcomes;

·    Provide practical examples of the types of economic development activities that Local Governments can undertake; and

·    Identify reforms at a State level needed to ensure WA’s future economic success.

As a result, information relating to Economic Development Framework, Research Findings and Future Directions and Policy Summary has been provided by WALGA.

 


30 May 2019 – Publication of the Leeuwin- Naturaliste Sub-regional Strategy

The Western Australian Planning Commission has advised the abovementioned strategy has been published and is available to view and download via www.dplh.wa.gov.au

 

11 June 2019 – Blackwood Complex Fires – June 2019

Following the recent fire events at Jarrahwood, Baudin and Vasse Plantations, City of Busselton Volunteer Bushfire Brigades, Volunteer Fire and Rescue Service and SES have been acknowledged by the Department of Biodiversity, Conservation and Attraction (DBCA) Parks and Wildlife Service, Blackwood District. Due to the collective efforts and experience of firefighters, no properties were lost as a result of the bushfires.

 

Hard copies of the abovementioned correspondence are available to view upon request. 

 

 

OFFICER RECOMMENDATION

 

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

·    17.1.1              Current Active Tenders 2018/19

·    17.1.2              Donations, Contributions and Subsidies Fund – May 2019

·    17.1.3              Recent Correspondence

 

 

  


Council                                                                                      93                                                                      26 June 2019

18.             Motions of which Previous Notice has been Given

Nil  

19.             urgent business

20.             Confidential Matters

Nil

21.             Closure