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

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 27 May 2020

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS. 3

2....... Attendance. 3

3....... Prayer. 4

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

5....... Disclosure Of Interests. 4

6....... Announcements Without Discussion.. 4

7....... Question Time For Public. 4

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

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 13 May 2020. 5

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 5

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 5

11..... Items brought forward.. 6

ADOPTION BY EXCEPTION RESOLUTION.. 6

13.1        SCHEME AMENDMENT 28 ('OMNIBUS 3') TO LOCAL PLANNING SCHEME 21 - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL. 7

13.2        PROPOSED SCHEME AMENDMENT NO. 40 (MODIFICATIONS TO THE ZONING TABLE) & PROPOSED SCHEME AMENDMENT NO. 46 (HEAD OF POWER FOR DEVELOPMENT APPLICATIONS AND STRUCTURE PLANS) - CONSIDERATION FOR INITIATION FOR ADVERTISING.. 94

15.1        PARTICIPATION IN THE NATIONAL REDRESS SCHEME. 126

17.1        COUNCILLORS' INFORMATION BULLETIN.. 154

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE). 161

13.3        SCHEME AMENDMENT NO. 44 (BUSSELTON RSL WA) - CONSIDERATION FOR FINAL ADOPTION.. 161

12..... Reports of Committee. 179

14..... Engineering and Work Services Report. 180

16..... Finance and Corporate Services Report. 181

18..... Motions of which Previous Notice has been Given.. 182

19..... urgent business. 182

20..... Confidential Reports. 182

21..... Closure. 182

 


Council                                                                                      6                                                                         27 May 2020

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN Council Chambers, Administration Building, Southern Drive, Busselton, ON 27 May 2020 AT 5.30pm.

 

1.               Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS

The Presiding Member opened the meeting at 5.32pm.

 

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Kelly Hick             Deputy Mayor

Cr Sue Riccelli

Cr Ross Paine

Cr Kate Cox

Cr Paul Carter

Cr Phill Cronin

Cr Jo Barrett-Lennard

Cr Lyndon Miles

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Tony Nottle, Director, Finance and Corporate Services

Ms Melissa Egan, Governance Officer

 

 

Apologies:

 

Nil

 

 

Approved Leave of Absence:

 

Nil

 

 

Media:

 

0

 

Public:

 

1 (Meeting was made available by live streaming)

3.               Prayer

Nil

 

4.               Application for Leave of Absence

Nil

 

5.               Disclosure Of Interests

The Mayor noted his declaration of impartiality interest in relation to Agenda Item 13.3 ‘Scheme Amendment No. 44 (Busselton RSL WA) - Consideration For Final Adoption’.

 

The Mayor advised that in accordance with the Local Government (Rules of Conduct) Regulations 2007, he would read this declaration immediately before Item 13.3 was discussed.

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

Nil

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

 

Nil

 

Question Time for Public

 

Nil

 


 

8.               Confirmation and Receipt Of Minutes

Previous Council Meetings

8.1             Minutes of the Council Meeting held 13 May 2020

COUNCIL DECISION

C2005/139              Moved Councillor J Barrett-Lennard, seconded Councillor P Carter

 

That the Minutes of the Council Meeting held 13 May 2020 be confirmed as a true and correct record.

CARRIED 9/0

 

Committee Meetings

 

Nil

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

 

Nil

 

Presentations

 

Nil

 

Deputations

 

Nil

 

 

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

Nil

 


 

11.             Items brought forward

ADOPTION BY EXCEPTION RESOLUTION

At this juncture, the Mayor advised the meeting that, with the exception of the items identified to be withdrawn for discussion, the remaining reports, including the Officer Recommendations, will be adopted en bloc, i.e. all together.

 

COUNCIL DECISION

C2005/140              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

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

               

13.1        SCHEME AMENDMENT 28 ('OMNIBUS 3') TO LOCAL PLANNING SCHEME 21 - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

 

13.2        PROPOSED SCHEME AMENDMENT NO. 40 (MODIFICATIONS TO THE ZONING TABLE) & PROPOSED SCHEME AMENDMENT NO. 46 (HEAD OF POWER FOR DEVELOPMENT APPLICATIONS AND STRUCTURE PLANS) - CONSIDERATION FOR INITIATION FOR ADVERTISING

 

15.1        PARTICIPATION IN THE NATIONAL REDRESS SCHEME

 

17.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 9/0

En Bloc

 


Council                                                                                      21                                                                      27 May 2020

13.             Planning and Development Services Report

13.1           SCHEME AMENDMENT 28 ('OMNIBUS 3') TO LOCAL PLANNING SCHEME 21 - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Town Planning Schemes and Amendments

BUSINESS UNIT

Strategic Planning

REPORTING OFFICER

Principal Strategic Planner - Louise Koroveshi

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Yalyalup

Attachment b    Ambergate North & Chapman Hill Industrial

Attachment c    Old Broadwater Farm

Attachment d   Vasse

Attachment e    Dunsborough Lakes

Attachment f    Yalyalup Industrial

Attachment g   Lot 9001 Layman Rd Geographe

Attachment h   Lots 9501 & 585 Port Lane Geographe

Attachment i     Lots 509 & 612 Spinnaker Blvd Geographe

Attachment j     DCA 2 Yalyalup

Attachment k    DCA 4 Vasse

Attachment l    DCA 3 Old Broadwater Farm

Attachment m  DCA 5 Dunsborough Lakes

Attachment n   Development Investigation Area Eagle Bay

Attachment o   Development Investigation Area Okapa Rise Dunsborough

Attachment p    Development Investigation Area Smiths Beach Yallingup

Attachment q   Development Investigation Area Ambergate

Attachment r    Development Investigation Area Beachgrove Place Geographe

Attachment s    Development Investigation Area Rendezvous Road Vasse

Attachment t    Development Investigation Area Molloy Street Busselton

Attachment u   Development Investigation Area Lots 40 & 41 Vasse Hwy Bovell

Attachment v   Schedule of Modifications

Attachment w  Location Plan Lots 78 & 92 Busselton Bypass Broadwater

Attachment x    Lot 6 & portion of Lot 10 Bussell Highway Broadwater

Attachment y    Broadwater Structure Plan Precinct 1 East

Attachment z    Location Plan Lot 9052 Northerly Street Vasse

Attachment aa Local Planning Strategy

Attachment ab Schedule of Submissions  

 


 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2005/141              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

That the Council:

1.         In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, adopts Amendment 28 to Local Planning Scheme 21 for final approval, in accordance with the modifications proposed in the Schedule of Modifications shown at Attachment V, for the purposes of:

 

1.         Part 3 – Zones

 

1.1      Modifying Part 3 (Zones) by –

 

a)    Amending clause 3.1.1 by deleting ‘Vasse Development’ and ‘Deferred Vasse Development’ and inserting ‘Urban Development’ and ‘Industrial Development’.

b)    Deleting clause 3.2.13 ‘Vasse Development Zone’.

c)    Deleting clause 3.2.14 ‘Deferred Vasse Development Zone’.

d)    Inserting new sub-clauses as follows:

 

i.            3.2.13  URBAN DEVELOPMENT ZONE

Objectives

a.      To designate land for future urban development and provide a basis for more detailed structure planning in accordance with this Scheme.

b.      To provide for a range of residential densities to encourage a diversity of residential housing opportunities.

c.      To provide for the progressive and planned development of future urban areas for residential purposes and for commercial and other uses normally associated with residential development.

d.      To proactively plan for vibrant and attractive activity centres in urban areas developed along ‘main-street’ lines with activated public streets, high levels of pedestrian and civic amenity and a mix of public spaces including, retail, commercial, café, restaurant, bar, entertainment, tourism and community uses.

e.      To provide for a range of recreational, community, cultural and social facilities to meet the needs of a growing and diverse population.

f.       To provide for the protection of natural areas and habitats within urban areas.

 

ii.            3.2.14  INDUSTRIAL DEVELOPMENT ZONE

Objectives

a.      To designate land for future industrial development.

b.      To provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme.

c.      Encourage and facilitate employment generating development which will contribute to the economic and social well-being of the district;

d.      Provide for a range of industrial and associated activities, so as to meet the needs of the wider community for industrial services and facilities;

e.      Minimise land use conflict between industrial and other land uses and protect the amenity of zones abutting the Industrial Development Zone;

f.       Improve the amenity and visual appearance of industrial areas through appropriate design and landscaping;

g.      Encourage the consolidation of industrial development into areas which have been appropriately zoned and structure planned for that purpose; and provide for appropriate servicing, accessibility and connectivity.

 

e)    Amending clause 3.6 (Land Use Permissibility in the Special Use, Vasse Development and Deferred Vasse Development zones) as follows –

 

i.                    Amending the title of the clause to “Land Use Permissibility in the Special Use, Urban Development and Industrial Development Zones.

ii.                  Deleting clause 3.6.2.

iii.                Deleting clause 3.6.3.

iv.                 Amending Table 1 - Zoning Table by deleting the ‘Vasse Development’ and ‘Deferred Vasse Development’ columns.

 

2.         Part 4 – General Development Requirements

 

2.1      Amend clause 4.2 to read as follows –

 

4.2       R-Codes

 

4.2.1   The R-Codes, modified as set out in clause 4.3, are to be read as part of this Scheme.

 

4.2.2      The local government –

 

a)  must make a copy of the R-Codes available for public inspection during business hours at the offices of the local government; and

b)  may publish a copy of the R-Codes on the website of the local government.

 

4.2.3   The coding of land for the purposes of the R-Codes is shown by the coding number superimposed on a particular area contained within the boundaries of the area shown on the Scheme Map.

 

4.2.4   The R-Codes apply to an area if the area has a coding number superimposed on it in accordance with subclause 4.2.3.

 

  2.2     Amend clause 4.3 Special Application of Residential Design Codes by –

 

a)    Amending the title of the clause to “Modification of R-Codes”.

b)    Inserting a footnote to clause 4.3.1 to read: “refer also to Special Provision Areas – Schedule 3.

 

3.         Part 5 – Special Control Areas

 

3.1       Amending sub-clause 5.12.2 as follows –

 

5.12.2       Development contribution areas are shown on the Scheme map as ‘DCA’ with a             purple border and a number and included in Schedule 11.

 

4.         Schedules

 

4.1     Amend Schedule 3 – ‘Special Provision Areas’ by –

 

a)  Amending ‘Special Provision Area No. 23’ (‘Yalyalup’) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP23

Lot 501 Blum Boulevard, Lot 2 Bussell Highway, Lots 9032 and 6 Cable Sands Road, Lot 9034 Joseph Drive, Lots 31 and 32 Lyddy Road,  Yalyalup

Urban Development

Special Purpose (Yalyalup Development Area)

Special Purpose (Yalyalup Deferred Development Area)

 

1.    The local government has prepared a draft Noise Management Plan for Busselton Regional Airport, which requires approval by the Environmental Protection Authority. The local government may recommend conditions on the subdivision and development of land requiring noise amelioration measures consistent with the draft Noise Management Plan and subsequently with the Noise Management Plan as finally approved by the Environmental Protection Authority.

2.    Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 23.

 

b)  Amending ‘Special Provision Area No. 36’ (‘Yalyalup Industrial’) to read as follows –

 

No

Particulars of Land

Zone

Special Provisions

SP36

Lots 9501 and 205 Vasse Highway, Lots 9009, 1602, 76 and portion of Lot 74 Neville Hyder Drive, Lots 300, 11 and 17 Vasse Highway and portion of Lot 75 Bussell Highway,  Yalyalup

Industrial Development

 

 

1.      Prior to lodgement of a subdivision application, a drainage management framework shall be prepared for Lots 9009, 205, 74 and 75 that outlines a coordinated approach to, and demonstrates acceptable measures for, stormwater management, to the satisfaction of the City of Busselton and Department of Water and Environmental Regulation.

2.      The ‘Local Commercial Centre and Service Station precinct’ is intended to accommodate uses for convenience goods and services to cater for workers and visitors to the industrial park generally consistent with uses permissible in the Business zone but the following uses will also be prohibited – Bed and Breakfast, Hotel, Transport Depot, Motel, Single House, Grouped Dwelling, Multiple Dwelling and Tourist Accommodation.

3.      Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 36.

 

c)      Amending ‘Special Provision Area No. 39’ (‘Ambergate North’) to read as follows –

 

No

Particulars of Land

Zone

Special Provisions

SP39

Lots 163, 161, 7, 9, 35, 15, 51, 50, 33, 11, 4, 3, 1, 2363, 2364, 2365 and portion of Lots 2191, 2192 and 2193 Queen Elizabeth Avenue, Lot 301 Busselton Bypass and Lots 2, 126, 22, 804 and portion of Lot 57 Chapman Hill Road, Busselton

Urban Development

Agriculture

1.      The Local Development Plan for the Village Centre shall include the following requirements to the satisfaction of the City of Busselton and WAPC:

a)  initial retail facilities to be located at the entrance (northern end) of the Village Centre;

b)  identification of a Department Store site and proposed interim land use including the method of land use transition and a shop retail floorspace threshold that is not to be exceeded until such time as the interim use has been developed;

c)   provision for bulky goods retailing in addition to shop retail development; and

d)  inclusion of an education / technology precinct.

2.      Retail floor space within the Village Centre shall be limited to 14,000m2 NLA.

3.      Retail floor space within the Village Centre shall not exceed 9,000m2 NLA or accommodate a Discount Department Store until the following has occurred:

a)  The development of two Discount Department Stores in the Busselton City Centre;

b)  The development of a minimum 50,000m2 of shop retail NLA in the Busselton City Centre; and

c)   Confirmation of compliance with a City-level hierarchy as established in an adopted Commercial Strategy or Local Planning Strategy for the City.

4.      For the purposes of Special Provision Area 39, 'Department Store' shall be defined as "a single large shop retail store organised into departments offering a variety of merchandise; commonly part of a retail chain with NLA of greater than 5,000m2.

5.      For the purposes of Special Provision Area 39, ‘City Centre’ is defined as the land bound by Marine Terrace, Brown Street, Peel Terrace and West Street.

6.      Retail floor space within the Local Centre shall not exceed 500m2 NLA until the Village Centre has a developed retail floor space of a minimum 5,000m2 NLA.

7.      Any application for subdivision shall be accompanied by an Urban Water Management Plan (UWMP) applicable to the application area that has been adopted/endorsed by the City of Busselton on advice from the Department of Water and Environmental Regulation.

The UWMP is to provide particular consideration to the usage and impact of drainage outcomes on the northern bushland and wetland area.

8.      All development and subdivision shall meet the requirements and objectives of an approved Water Quality Improvement Plan for the Vasse Wonnerup Wetlands and Geographe Bay to the satisfaction of the City of Busselton and Department of Water and Environmental Regulation.

9.      Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 39. 

10.   A Development Contribution Plan shall be prepared to the satisfaction of the City of Busselton and WAPC. The DCP is to be prepared in consultation with all landowners in Special Provision Area 39 and is to comprehensively address the staging of development and the equitable provision of community facilities, public open space and civil infrastructure. Contributions shall be made by all landowners within Special Provision Area 39 in accordance with the requirements of the endorsed DCP.

 

d)  Amending ‘Special Provision Area No. 42’ (‘Dunsborough Lakes’) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP42

Lot 9050 Clubhouse Drive, Lot 5000 Waterville Road, Lots 9070 and 5006 Dunsborough Lakes Drive, Lot 40 Dunsborough Lakes Drive, Lots 41, 1150 and 9069 Commonage Road and land bound by Commonage Road, Inverness Avenue, Dunsborough Lakes Drive and St Michaels Parkway, Dunsborough

Special Purpose

Urban Development

 

 

1.      Land designated ‘Tourist’ on the Dunsborough Lakes Estate Structure Plan can be developed to permit up to 25% of units as ‘unrestricted length of stay’ to the satisfaction of the City. No other unit shall be occupied for more than a total of 3 months in any 12 month period.

2.      Development of the unrestricted length of stay component shall occur on the basis of no more than one unit for every three restricted stay units that have been developed.

3.      Salinity and nutrient monitoring of groundwater and surface water shall be carried out by the developer and reported to the City of Busselton, the Department of Biodiversity, Conservation and Attractions and the Department of Water and Environmental Regulation every 12 months. Local Development Plans will not be considered unless a salinity and nutrient monitoring report has been submitted to the local government at every 12 month interval.

4.      Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 42.

 

 

 

e)  Amending ‘Special Provision Area No. 43’ (‘Old Broadwater Farm’) to read as follows–

 

No

Particulars of Land

Zone

Special Provisions

SP43

Land generally bound by the Busselton Bypass, New River Ramble, Smokebox Avenue and Pickmore Circus, West Busselton

Urban Development

Residential

 

 

1.      Clause 4.3.1 does not apply to land within Special Provision Area 43.

2.      Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 43.

 

f)   Amending ‘Special Provision Area No. 48’ (‘Ambergate Industrial/Service Commercial’) to read as follows –

 

No

Particulars of Land

Zone

Special Provisions

SP48

Lot 11 and portion of Lot 803 Chapman Hill Road, Bovell

Industrial Development

1.      The intent of this special provision area is to enable the use and development of the site as a service commercial and mixed light industrial precinct.

2.      The following uses shall be “P” uses -

·    Bulk Store

·    Bus Depot

·    Chandlery

·    Convenience Store

·    Educational Establishment

·    Lunch Bar

·    Light Industry

·    Liquid Fuel Depot

·    Medical Centre

·    Motor Vehicle and Marine Sales Premises

·    Motor Vehicle Repair

·    Motor Vehicle Wash

·    Research and Development Facility

·    Plant Nursery

·    Public Utility

·    Recreation Area

·    Recreation Facility

·    Service Industry 

·    Service Station

·    Showroom

·    Transport Depot

·    Veterinary Hospital

·    Warehouse

All other uses are not permitted.

 

3.      For the purposes of Special Provision 48 ‘Research and Development Facility’ means “a building or buildings predominantly used for tertiary industrial activity involved in the research and development of goods and services, and may include small scale manufacturing that is directly associated with, and ancillary to, the predominant use.”

4.      Notwithstanding Part 4 of the deemed provisions of the Scheme, the Structure Plan shall include the following details and development shall also comply with:

a)  no direct vehicular access to lots from Chapman Hill Road or Busselton Bypass;

b)  vehicular access to the precinct shall be limited to controlled, shared access points from Chapman Hill Road and the Ambergate North entry road only;

c)   service roads and shared, coordinated parking and access shall be provided within the land and along the service road frontage;

d)  protection of sites of heritage, conservation or environmental significance;

e)  built form and presentation guidelines to ensure the appropriate design and siting of buildings;

f)   particular design requirements for landmark buildings to be located at the corner of the Busselton Bypass and Chapman Hill Road and the corner of the Ambergate North entry road and Chapman Hill Road; and

g)  other information considered relevant by the local government.

5.      All development that adjoins the Busselton Bypass shall have a minimum 24m building setback.

 

6.      Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 48.

 

g)  Amending ‘Special Provision Area 55’ (‘Heron Lake’) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP55

Land fronting Cockatoo Loop, Tortoise Rise and Bendjar Grove, Vasse

Residential

 

Clause 4.3.1 of the Scheme does not apply to land within Special Provision Area 55.

 

h)  Inserting a new ‘Special Provision Area 64’ (‘Vasse Townsite’) as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP64

Northerly Street, Vasse

 

Urban Development

1.    The ‘Shop’ retail floor space shall be limited to a net lettable area of 1,150m2 to be allocated across the eastern and western precincts as follows - 

 

Allocated Shop Retail Floorspace (m2 NLA)

Lot No.

East

West

Lot 3 (Vol 1739 & Folio 662)

100m2

-

Lot 21 (Vol 1670 & Folio 209)

100m2

-

Lots 2 (Vol 1149 & Folio 421), 50 (Vol 1003 & Folio 757) & 51 (Vol 1149 & Folio 422)

319m2

-

Lots 2 (Vol 1470 & Folio 802) & 21 (Vol 1999 & Folio 434)

-

437m2

Lot 19 (Vol 4 & Folio 122A)

-

194m2

Total (1,150m²)

519m2

631m2

 

2.    ‘Shop’ retail shall have the same definition as that set out in the Scheme.

3.    The permissibility of land uses shall be in accordance with the ‘Local/Neighbourhood Centre’ zone but the following uses shall be ‘X’ uses: , ‘Hospital’, ‘Marina’, ‘Marine Filling Station’, ‘Motor Vehicle, Boat or Caravan Sales’, ‘Restricted Premises’ and ‘Transport Depot’.

4.    Main street retail/commercial development (with    residential opportunities at upper levels) shall provide direct pedestrian access and deliver a high level of pedestrian amenity.

5.    Changes in building height, façade treatments, building   materials and the location of iconic landmark buildings in strategic locations will be encouraged to create visual interest and contribute positively to the streetscape.

6.    Where development is proposed along the boundary of existing development adjacent to the Urban Development zone, it shall be setback as per the setback requirements applicable to the lowest residential coding of the adjacent lots.

7.    Significant redevelopment is to consolidate access points, and where possible, be located over common boundaries to facilitate reciprocal access to properties.

8.    Direct vehicle access to Northerly Street from the indicative secondary access points will not be supported.

9.    Off-street parking is to be located behind, and sleeved by, buildings facing Northerly Street.

10.  Prior to development, stormwater and groundwater management, including management of the 100yr ARI event, is to be determined in consultation with the City of Busselton and having regard to Local Planning Policy.

 

i)   Inserting a new ‘Special Provision Area 65’ (‘Vasse Village Centre’) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP65

 Land generally bound by Reserve 48251, Reserve 50351,  Northerly Street and Bussell Highway, Vasse

Urban Development

 

The maximum recommended retail floor space allowable shall generally be limited to 4,650m2 (NLA).

 

 

j)   Inserting a new ‘Special Provision Area 66’ (‘Birchfields Village, Vasse) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP66

Land generally bound by Busselton Bypass, Northerly Street, Kalooruup Road, Heritage Drive, Caprock Crescent and Cottage Drive, Vasse

 

 

Residential

Special Purpose

 

 

1.      With the exception of lots coded R30 or R40 (as identified for strata development potential on a Local Development Plan) clause 4.3.1 of the Scheme does not apply to land within this Special Provision Area.

2.      Garages or carports accessed from the primary street shall be setback a minimum of 6.0m from the street boundary and, where possible, be a greater setback than the front building elevation to ensure that the garage is not a prominent feature of the streetscape.

k)  Inserting a new ‘Special Provision Area 67’ (‘Dawson Village, Vasse) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP67

Land generally bound by Bussell Highway, Lynwood Street, Reserve 48251 and Reserve 50351, Vasse

Residential

Special Purpose

 

 

1.      For lots with a rear drainage easement, the front setback to the dwelling may be reduced to a minimum of 4 metres. No further setback averaging will apply. The front setback to the garage is to comply with the requirements of the R-Codes.

2.      Clause 4.3.1 of the Scheme does not apply to land within this Special Provision Area.

 

l)   Inserting a new ‘Special Provision Area 68’ (Vasse ‘Urban Development’ zone) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP68

Lot 9554 Napoleon Promenade, Lots 4000 and 9000 Yebble Drive, Lot 9521 Bussell Highway, Lots 9052 and 221 Northerly Street, Lot 461 Florence Road and Lot 250 Kaloorup Road, Vasse

Urban Development

1.      Notwithstanding the requirement for a structure plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 68.

2.      Lot 221 Northerly Street, Vasse contains important environmental values including, but not limited to, poorly represented vegetation and habitat for Western Ringtail Possum (Pseudocheirus occidentalis) and Black Cockatoo species (Calyptohynchus latirostis, Calyptohynchus baudinii and Calyptohynchus bandsi naso). Future structure planning should require these environmental values to be retained, managed and protected for conservation purposes.

 

m) Inserting a new ‘Special Provision Area 69’ (‘Port Geographe’) to read as follows and amend the Scheme map accordingly –

 

No

Particulars of Land

Zone

Special Provisions

SP69

Lots 9501 and 585 Port Lane, Lot 9002 Layman Road and Lot 590 and 612 Spinnaker Boulevard, Geographe

Urban Development

1.      Notwithstanding the requirement for a Structure Plan for land in a Development Zone a single integrated structure plan shall be required for the whole of Special Provision Area 69.

2.      Prior to subdivision or development the proponent is to prepare a Development Contribution Plan to the satisfaction of the City of Busselton and WAPC to ensure appropriate and timely contributions towards community facilities, public open space and civil infrastructure on a progressive and staged basis.

 

4.2       Deleting Schedule 7 - ‘Vasse Development Zone – Special Provisions’.

 

4.3       Deleting Schedule 8 – ‘Deferred Vasse Development Zone – Special Provisions’ and renumber the remaining Schedules and Schedule references accordingly.

 

4.4       Amending Schedule 11 – ‘Development Contribution Area’ as it relates to DCA1 by deleting the second paragraph under ‘Method for calculating cost contributions’ and inserting the following:

 

“A cost contribution is to be applied only once and at the first available stage of development or subdivision since the coming into effect of the Development Contribution Plan. However, where a contribution is not applied at the earliest stage, a contribution may still be applied at the next available stage where appropriate.”

 

4.5       Amending Schedule 11 – ‘Development Contribution Areas’ by inserting the following and amending the Scheme map accordingly –

 

Ref No:

DCA 2 - Yalyalup

Area

As identified on the Scheme map

Relationship to other planning instruments

The Development Contribution Plan operates in association with the endorsed Yalyalup Structure Plan and endorsed Lot 18 Vasse Highway (“Via Vasse”) Structure Plan and generally conforms with the Long Term Financial Plan

Infrastructure and administrative items to be funded

·    Multi-purpose Community Centre

·    Active Open Space (land costs for playing fields and development, reticulation and lighting of  playing fields as a senior oval facility, capital cost of pavilion and parking and ancillary facilities)

·    Preparation of the Development Contribution Plan

·    District Facilities:

Busselton to Dunsborough Recreation Trail

Dunsborough to Yallingup Recreation Trail

Rails to Trails

Cultural Performing Arts Centre

Lower S/W Learning and Information Facility

Regional Gallery Facility upgrade

Youth Centre

Foreshore facilities and playgrounds

Boat Ramps

Environmental protection, management and implementation

Active playing fields and regional sporting headquarters for soccer and cricket

 

Method for calculating contributions

Contributions are apportioned to individual developers based on the proportion of the dwelling yield of their development to the total dwelling yield in the Development Contribution Area

Period of operation

Ten years from the commencement of the operation of the Development Contribution Plan or until completion of the subdivision and development, if sooner

Priority and timing

As set out in the Development Contribution Plan

Review Process

Ten years from the commencement of the operation of the Development Contribution Plan or within that period, when appropriate, having regard to the rate of development.

Ref No:

DCA  3 – Old Broadwater Farm

Area

As identified on the Scheme map

Relationship to other planning instruments

The Development Contribution Plan operates in association with the endorsed Old Broadwater Farm Structure Plan and generally conforms with the City Of Busselton Strategic Plan 2010 – 2020, City of Busselton Leisure Services Plan, the City of Busselton Cultural Plan and the Long Term Financial Plan

Infrastructure and administrative items to be funded

District - Community Infrastructure:

·    Busselton to Dunsborough Recreation Trail

·    Dunsborough to Yallingup Recreation Trail

·    Rails to Trails

·    Cultural Performing Arts Centre

·    Lower S/W Learning and Information Facility

·    Regional Gallery Facility upgrade

·    Youth Centre

·    Foreshore facilities and playgrounds

·    Geographe Leisure Centre (group fitness centre)

·    Boat Ramps

·    Environmental protection, management and implementation

·    Public Art

·    District Community Centre

·    Dunsborough Sport and Recreation Zone (6.5 hectare playing field for district facility)

·    Active playing fields and regional sporting headquarters for soccer and cricket

·    Administration of the Development Contribution Plan

Method for calculating contributions

Costs as set out in Schedule 2 of the Development Contribution Plan are apportioned to the developer and are based on the dwelling yield of the development in the Development Contribution Plan Area

Period of operation

Ten years from the commencement of the operation of the Development Contribution Plan or until completion of subdivision and development, if sooner

Priority and timing

As set out in the Development Contribution Plan

Review process

Ten years from the commencement of the operation of the Development Contribution Plan or within that period, when appropriate, having regard to the rate of development.

Ref No:

DCA 4  - Vasse

Area

As identified on the Scheme map

Relationship to other planning instruments

The Developer Contribution Plan operates in association with the endorsed Vasse Structure Plan, the endorsed Vasse Townsite Structure Plan, the endorsed Heron Lake Structure Plan, the endorsed Vasse Village Centre Structure Plan and generally conforms to the Long Term Financial Plan

Infrastructure and administrative items to be funded

·    Upgrading and maintenance of Newtown Oval

·    Development of a consolidated and integrated active open space facility adjacent to the Cape Naturaliste College to be known as the ‘Vasse Sporting Complex’

·    Community purposes site adjacent to the Village Centre

Method for calculating contributions

Developers within the Development Contribution Area will provide contributions based on a per lot basis at subdivision clearance stage and requirements for ceding land or development of infrastructure in association with specified stages of subdivision

Period of operation

Ten years from the commencement of the operation of the Development Contribution Plan or until completion of the subdivision and development, if sooner

Priority and timing

As set out in the Development Contribution Plan

Review process

Ten years from the commencement of the operation of the Development Contribution Plan or within that period, when appropriate, having regard to the rate of development

Ref No:

DCA 5 – Dunsborough Lakes

Area

As identified on the Scheme map

Relationship to other planning instruments

The Development Contribution Plan operates in association with the endorsed Dunsborough Lakes Structure Plan and generally conforms with the Long Term Financial Plan

Infrastructure and administrative items to be funded

·    Ceding of land for public purposes (primary school site) and district open space

·    Development of district level active open space, including playing fields, change rooms, pavilion and related infrastructure such as parking and lighting

Method for calculating contributions

Cost contributions are apportioned to the developer and are based on the estimated dwelling yield of the development in the Development Contribution Area

Period of operation

Ten years from the commencement of the operation of the Development Contribution Plan or until completion of the subdivision and development, if sooner

Priority and timing

As set out in the Development Contribution Plan

Review process

Ten years from the commencement of the operation of the Development Contribution Plan or within that period, when appropriate, having regard to the rate of development

 

 

 

5.         Landscape Value Area

 

5.1       Realigning the ‘Landscape Value Area’ boundary to exclude –

 

a)    The land generally bound by the Busselton Bypass, the Buayanyup Drain, Harbeck Drive, Octopus Lane and Gribble Court, Vasse as shown on the Scheme map, and amending the Scheme map accordingly.

b)    Lot 9507 New River Ramble, West Busselton as shown on the Scheme map, and amend the Scheme map accordingly.

 

6.         Wetland Area

 

Realigning the ‘Wetland Area’ boundary to exclude the land generally bound by the Busselton Bypass, Gribble Court and Morwong Street, Vasse as shown on the Scheme map, and amend the Scheme map accordingly.

 

7.         Development Investigation Area

 

7.1       Amending the ‘Development Investigation Area’ boundary by – 

 

a)    Excluding Lot 300 (Reserve 50512) and portion of Lot 338 (Reserve 50575), Lots 301 – 304, Lots 311 – 322 and Lots 329 – 366 Carnarvon Castle Drive, Lots 305 – 310 Vixen Close and Lots 323 – 328 Annamaria Rise, Eagle Bay as shown on the Scheme map, and amend the Scheme maps accordingly.

 

b)    Excluding Lots 401 – 405 Sloan Drive, Lots 408, 9000 and 2002 (Reserve 49991) Capstone Court, Lots 406 and 407, Lots 412 – 418, Lots 420 – 432 and Lots 2000 (Reserve 49412) and 2001 (Reserve 49928) Okapa Rise, Dunsborough as shown on the Scheme map, and amend the Scheme map accordingly.

 

c)    Excluding Location 4131 Smiths Beach Road, Yallingup as shown on the Scheme map, and amend the Scheme map accordingly.

 

d)    Excluding Lots 2001, 2003 & 610 Fairway Drive, Lots 2005 and 2014  New River Ramble, portion of Lot 502 Swamphen Lane and the land generally bound by Settlers Gate, Pickmore Circus, Mulberry Lane, New River Ramble and Mary Elizabeth Ramble, West Busselton as shown on the Scheme map, and amend the Scheme map accordingly.

 

e)    Excluding Lots 25, 250, 23, 60, 26, 333, 5136 (Reserve 45588) and portion of Lots 803 and 2321 Chapman Hill Road and portion of Lots 80 and 283 Lindberg Road, Bovell and the land generally bound by the Busselton Bypass, Queen Elizabeth Avenue, Ambergate Road, Chapman Hill Road and the Vasse Diversion Drain as shown on the Scheme map, and amend the Scheme map accordingly.

 

f)     Excluding Lot 100 and 102 Ford Road, Lots 103 – 118 and Lot 472 Beachgrove Place, Geographe as shown on the Scheme map, and amend the Scheme map accordingly.

 

g)    Excluding Lots 1 – 10 and Lot 8001 (Reserve 51685) Spoonbill Rd, Lots 8003 (Reserve 51688 and 8004 (Reserve 51689), Lots 11 – 18 and 28 -33 Penguin Way, Lots 34 & 35 Pardalote Road, Lots 26 & 27, 9002, 202 and 19 - 24 Norwood Pass, Lots 25 and 36 – 48 Goshawk Way, portion of Lot 2005 (Reserve 49437) Carriage Terrace and Lot 9500 Busselton Bypass, Vasse as shown on the Scheme map, and amend the Scheme map accordingly.

 

h)    Excluding Lots 1 – 3, 228 and B5 Molloy Street, Busselton as shown on the Scheme map, and amend the Scheme map accordingly.

 

i)     Including Lot 40 and portion of Lot 41 Vasse Highway, Bovell as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.         Land proposed to be rezoned to Urban Development and Industrial Development

 

8.1       In respect of land within Yalyalup (‘Provence’) –

 

a)    Rezoning Lot 9033 Joseph Drive, Lot 2 Bussell Highway, Lot 31 Lyddy Road and Lot 9032 Cable Sands Road, Yalyalup from ‘Special Purpose (Yalyalup Development Area)’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

b)    Rezoning Lot 6 Cable Sands Road, Yalyalup from ‘Special Purpose (Deferred Yalyalup Development Area)’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.2       In respect of land within Ambergate North –

 

             Rezoning Lot 301 Busselton Bypass, Lot 2 and 126 Chapman Hill Road and portion of Lots 804 and 22 Chapman Hill Road, Bovell from ‘Special Purpose (Ambergate North Development Area)’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.3       In respect of land within Old Broadwater Farm –

 

             Rezoning portion of Lot 9507 New River Ramble, West Busselton from ‘Special Purpose (Old Broadwater Farm Development Area)’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.4       In respect of land within Vasse –

 

a)    Rezoning portion of Lot 9554 Napoleon Promenade, Vasse from ‘Vasse Development’ to ‘Industrial Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

b)    Rezoning Lots 122, 102, 108, 109, 110, 120, 111, 106 and portion of Lots 9553 and 9554 Napoleon Promenade, Lots 104 and 105 Birak Lane, Lot 121 Minion Court, Lot 9521 Bussell Highway, Lot 9000 Yebble Drive, Lot 174 and portion of Lot 250 Kaloorup Road and Lot 9052 and portion of Lot 221 Northerly Street, Vasse from ‘Vasse Development’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

c)    Rezoning Lot 461 Florence Road, portion of Lot 250 Kaloorup Road and portion of Lot 221 Northerly Street, Vasse from ‘Deferred Vasse Development’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

d)    Rezoning Lot 22 Newtown Close, Lots 8 and 9 Dowell Road and Lots 74, 75, 2, 21, 19, 51, 50, 2, 3, 4, and 21 Northerly Street, Vasse from ‘Vasse Development’ to ‘Urban Development’ and apply a residential density code of R-AC3 as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.5       In respect of land within Dunsborough Lakes –

 

             Rezoning Lot 5000 Waterville Drive, Lot 9050 Clubhouse Drive, Lot 9068 Kawana Boulevard, Lots 5006, 9067 and 40 Dunsborough Lakes Drive and Lot 41 Commonage Road, Dunsborough Lakes from ‘Special Purpose (Dunsborough Lakes Development Area)’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.   

 

8.6       In respect of land within Yalyalup Industrial –

 

a)    Rezoning Lots 9501, 17 and 205 Vasse Highway, Lots 9009, 76 and portion of Lot 74 Neville Hyder Drive and portion of Lot 75 Bussell Highway, Yalyalup from ‘Special Purpose (Yalyalup Industrial Development)’ to ‘Industrial Development’ as shown on the Scheme map, and amend the Scheme map accordingly. 

 

b)    Rezoning Lots 300 and 11 Vasse Highway and Lot 1602 Neville Hyder Drive, Yalyalup from ‘Special Purpose (Yalyalup Industrial Development)’ to ‘Reserve for Public Purposes’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.7       In respect of land within Chapman Hill Industrial/Service Commercial -

 

             Rezoning Lot 11 and portion of Lot 803 Chapman Hill Road, Bovell from ‘Special Purpose (Ambergate Industrial/Service Commercial Development Area)’ to ‘Industrial Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

8.8       In respect of land within Port Geographe –

 

a)    Rezoning portion of Lot 9001 Layman Road, Geographe from ‘Residential R20’, ‘Residential R20/R40’, ‘Reserve for Recreation’ and ‘Reserve for Public Purposes’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

b)    Rezoning Lots 9501 and 585 Port Lane, Geographe from ‘Business’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

c)    Rezoning Lots 509 and 612 Spinnaker Boulevard, Geographe from ‘Tourist’ to ‘Urban Development’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

9.         Normalising endorsed structure plans where subdivision and development has occurred.

 

9.1       In respect of land within Yalyalup (Provence) –

 

             Rezoning land generally bound by Vasse Highway, Lot 501 Vasse Highway, Joseph Drive, Lot 9032 Cable Sands Road and the Busselton Outer Bypass Corridor, Yalyalup from ‘Special Purpose (Yalyalup Development Area)’ to ‘Residential R5’, ‘Residential R10’, ‘Residential R12.5’, ‘Residential R15’, ‘Residential R20’, ‘Residential R25’, ‘Residential R30’ and ‘Reserve for Recreation’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

9.2       In respect of land within Old Broadwater Farm –

 

             Rezoning the land generally bound by the Busselton Bypass, Fairway Drive, Pickmore Circus, Pianobox Boulevard and Lot 9507 New River Ramble, West Busselton from ‘Special Purpose (Old Broadwater Farm Development Area)’ to ‘Residential R12.5’, ‘Residential R20’, ‘Residential R30’, ‘Residential R40’ and ‘Reserve for Recreation’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

9.3       In respect of land within Vasse –

 

             ‘Birchfields Village’

a)    Rezoning the land generally bound by the Busselton Bypass, Northerly Street, Orlando Boulevard, Arup Drive, Heritage Drive, Kaloorup Road and land zoned ‘Rural Residential’ and ‘Rural’ to the east and south from ‘Vasse Development’ to ‘Residential R5’, ‘Residential R10’, ‘Residential R20’, ‘Residential R30’, ‘Residential R40’, ‘Special Purpose (Single House, Restaurant, Convenience Store & Cottage Industry)’, ‘Reserve for Recreation’ and ‘Reserve for Public Purposes’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

‘Dawson Village’

b)    Rezoning the land generally bound by Bussell Highway, Lynwood Street, the ‘Rails to Trails’ reserve and the Buayanyup River Drain reserve from ‘Vasse Development’ to ‘Residential R20’, Residential R30’, ‘Residential R40’, ‘Special Purpose (Aged Persons Accommodation & Park Home Park)’ and ‘Reserve for Recreation’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

‘Vasse LIA’

c)    Rezoning the land generally bound by Bussell Highway, Northerly Street, Lynwood Street and the ‘Rails to Trails’ reserve from ‘Vasse Development’ to ‘Industrial’, Urban Development’ and ‘Reserve for Recreation’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

‘Heron Lake’

d)    Rezoning the land contained within Special Provision Area 55 from ‘Special Purpose (Heron Lake Development Area)’ to ‘Residential R12.5’ and ‘Reserve for Recreation’ as shown on the Scheme map, and amend the Scheme map accordingly.

 

9.4       In respect of land within Dunsborough Lakes Estate –

 

             Rezoning the land generally bound by Caves Road, Commonage Road, Dunsborough Lakes Drive from ‘Special Purpose (Dunsborough Lakes Development Area)’ to ‘Residential R5’, ‘Residential R10’, ‘Residential R20’, ‘Residential R25’, ‘Residential R30’, ‘Residential R40’, ‘Special Purpose (Private Recreation)’, ‘Special Purpose (Office)’, ‘Reserve for Public Purposes’ and ‘Reserve for Recreation’ as shown on the Scheme map, and amend the Scheme map accordingly. 

 

2.          Advise the Western Australian Planning Commission that Amendment 28 is considered by the Council to be a ‘complex’ amendment, pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015, as it proposes to identify development contribution areas and amend a development contribution plan.

3.          Pursuant to r.53 of the Planning and Development (Local Planning Schemes) Regulations 2015, endorses the Schedule of Submissions at Attachment AB, which has been prepared in response to the public consultation process undertaken in relation to Amendment 28.

 

4.          Upon preparation of the necessary documentation, refers the adopted Amendment 28 to the Western Australian Planning Commission for consideration and determination in accordance with the Planning and Development Act 2005.

 

5.          Pursuant to r.56 of the Planning and Development (Local Planning Schemes) Regulations 2015, should directions be given that modifications to Amendment 28 are required, direct these modifications to be undertaken accordingly, on behalf of the Council, unless they are considered by Officers likely to significantly affect the purpose and intent of the Amendment, in which case the matter shall be formally referred back to the Council for assessment and determination.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

The Council is requested to consider adopting draft Amendment 28 (‘Omnibus 3’) to Local Planning Scheme 21 (LPS21) for final approval. Amendment 28 seeks to align the various ‘development zone provisions’ throughout LPS21 with both the deemed provisions and the model provisions set out by the Planning and Development (Local Planning Schemes) Regulations 2015. Amendment 28 also seeks to introduce consolidated and Regulation compliant development zone provisions into the Scheme, including the introduction of two new zones being ‘Urban Development’ and ‘Industrial Development’.

 

Advertising of the Amendment resulted in eleven external agency and four public submissions. No objections were raised, however modifications are being recommended in response to matters raised in submissions.

 

Officers are recommending that Amendment 28 be adopted for final approval, in accordance with recommended modifications, and referred to the Western Australian Planning Commission and Minister for Planning for final approval. 

 

BACKGROUND

On 15 October 2014, the City of Busselton Local Planning Scheme No. 21 (LPS21) was published in the Government Gazette. LPS21, which incorporates the Scheme text and Scheme map, controls and guides development and growth within the City of Busselton.

 

In October 2015 new Planning and Development (Local Planning Schemes) Regulations came into effect. The Regulations affect arrangements for local planning schemes, strategies and amendments. In addition to a ‘model scheme text’ (known as the Model Provisions), the Regulations introduced a set of ‘deemed provisions’ that form part of all local planning schemes.

 

The deemed provisions, amongst other things, require a structure plan and an activity centre plan to be prepared in a manner and form approved by the Western Australian Planning Commission (WAPC) and set out the information to be included in a structure plan. The manner and form for the preparation of structure plans and activity centre plans, pursuant to the Regulations, is set out in the Planning and Development (Local Planning Schemes) - Structure Plan Framework 2015.

 

 

Essentially, the purpose of a structure plan is to coordinate the future subdivision and zoning of an area of land. The Regulations outline that a structure plan may be prepared for an area that is:

 

·    identified in a local planning scheme as being suitable for urban or industrial development (through zones such as Urban or Industrial Development);

·    otherwise identified in a scheme as being required prior to subdivision or development of land;

·    as a requirement under a State Planning Policy (SPP); or

·    as required by the WAPC for orderly and proper planning purposes.

 

The Model Scheme Text contains many of the core legal and administrative provisions of schemes (including zones) which can be applied consistently across the State, with scope to vary the planning content to suit local circumstances. Of relevance to this Amendment, the Model Scheme Text includes an ‘Urban Development’ zone and an ‘Industrial Development’ zone.

 

LPS21 does not contain either of these zones. Instead, LPS21 identifies seven ‘development’ and ‘deferred development’ areas that sit within a ‘Special Use’ zone, as well as ‘Vasse Development’ and ‘Deferred Vasse Development’ zones, with land use controls and requirements for matters to be addressed prior to, or as part of, the subdivision process (for example, the preparation and approval of environmental management plans, treatment of interfaces between buffers and adjoining land uses and noise amelioration measures) via endorsed structure plans. These zones/areas are:

 

·    Special Use (Yalyalup Development)

·    Special Use (Yalyalup Deferred Development)

·    Special Use (Ambergate North Development Area)

·    Vasse Development Zone

·    Vasse Deferred Development Zone

·    Special Use (Heron Lake Development Area)

·    Special Use (Old Broadwater Development Area)

·    Special Use (Dunsborough Lakes Development Area)

·    Special Use (Yalyalup Industrial Development)

·    Special Use (Ambergate Industrial/Service Commercial Development Area)

 

Additional development area provisions are contained within the Scheme via: various Scheme clauses; Schedule 3 – ‘Special Provision Areas’; Schedule 8 – ‘Vasse Development Zone – Special Provisions’; and Schedule 9 – ‘Deferred Vasse Development Zone – Special Provisions’. In some areas, further subdivision and development controls are afforded by ‘local development plans’, which are a lower level planning instrument than either a structure plan or activity centre plan.

 

Prior to the Gazettal of the Regulations, the planning framework for the City’s development areas gave the applicable structure plan the force and effect of the local planning scheme in terms of zones and land use. The deemed provisions of the Regulations override any operational scheme provisions that seek to give a structure plan the force and effect of a scheme, however a local government is required to have ‘due regard’ to any approved structure plan.

 

In order to have the force and effect of a scheme, an approved structure plan needs to be incorporated or ‘normalised’ into a scheme via a scheme amendment or as part of a scheme review – effectively, the structure plan’s provisions need to be incorporated into the scheme itself, which then renders the structure plan itself redundant, at least as far as the land directly affected is concerned.

Amendment 28

The purpose of Amendment 28 is to essentially align the various ‘development zone provisions’ throughout LPS21 with both the deemed provisions and the model provisions set out by the Regulations and to introduce consolidated development zone provisions into the Scheme.

 

In summary, Amendment 28 seeks to:

 

1.    Consolidate the ‘Development’ zones by –

 

a)    removing the ‘Vasse Development’ and ‘Deferred Vasse Development’ zones and associated Scheme clauses and Schedules 8 and 9;

b)    introducing new ‘Urban Development’ and ‘Industrial Development’ zones and associated objectives and consolidated scheme provisions;

c)    rezoning the unsubdivided/undeveloped portions of the ‘Vasse Development’, ‘Deferred Vasse Development’, ‘Special Use’ urban development areas and ‘Special Use’ deferred urban development areas to ‘Urban Development’ and the unsubdivided/undeveloped portions of the ‘Special Use’ industrial development areas to ‘Industrial Development’; and

d)    incorporating proposals for Port Geographe.

 

2.    Incorporate Development Contribution Plans into LPS21 by amending Schedule 12 - ‘Development Contribution Area’.

 

3.    Review Schedule 3 – ‘Special Provision Areas’ that are applicable to the ‘Special Use’ development areas and remove provisions that are:

 

a)  deemed provisions or inconsistent with the Planning and Development (Local Planning Schemes) Regulations 2015;

b)  superseded or redundant as requirements have been completed, or subdivision and development has occurred; or

c)   subject to other requirements of the planning framework.

 

4.    Review the ‘Landscape Value Area’ and ‘Wetland Area’ where land has been subdivided for urban purposes (Vasse and Old Broadwater Farm).

 

5.    Review the ‘Development Investigation Area’ where requirements for rezoning and structure planning have been completed and to reflect the strategic direction for the Bovell urban growth area as set out in the City’s Local Planning Strategy.

 

6.    ‘Normalise’ endorsed structure plans where subdivision has occurred by rezoning existing lots to specific zones (e.g. in the case of residential land, rezoning the land to ‘Residential’ and applying a residential density code, e.g. ‘R20’).

 

The above items are discussed in greater detail below.

 

1.            Consolidate the ‘Development’ zones

 

a)            ‘Vasse Development’ and ‘Deferred Vasse Development’ zones

Clause 3.1.1 of LPS21 sets out the various zones by which the Scheme is classified and reflected on the Scheme map. It is proposed to delete the ‘Vasse Development’ zone and the ‘Deferred Vasse Development’ zone as they represent a planning framework that is not compliant with the Regulations (see resolution 1.1a).


 

It is proposed to amend or delete the following clauses and Schedules from the Scheme as they will become redundant with the deletion of these zones -  

 

i.      Clause 3.2 – objectives and policies for the ‘Vasse Development’ and ‘Deferred Vasse Development’ zones respectively (see resolution 1.1b and 1.1c respectively).

ii.     Clause 3.6.2 - establishes the link to Schedule 8 Vasse Development zone – Special Provisions (see resolution 1.1f ii).

iii.    Clause 3.6.3 – establishes the link to Schedule 9 Deferred Vasse Development zone – Special Provisions (see resolution 1.1f iii).

iv.   Table 1 – Zoning Table lists the ‘Vasse Development’ and ‘Deferred Vasse Development’ zones with land uses in accordance with Schedule 8 and Schedule 9 respectively. It is proposed to delete these zones from Table 1 (resolution 1.1f vi).

v.    Delete Schedule 8 Vasse Development zone – Special Provisions and Schedule 9 Deferred Vasse Development zone – Special Provisions (see resolutions 4.2 and 4.3 respectively).

 

b)            'Urban Development' and 'Industrial Development' zones

It is proposed to consolidate the non-Regulation compliant development areas/zones into two new zones: 'Urban Development' and 'Industrial Development'. Amendments to clause 3.2 shall introduce the 'Urban Development' zone and associated objectives (see resolution 1.1d i). Proposed objectives a), b) and c) are MST compliant, with the remaining objectives reflecting the objectives and strategies set out in the draft LPS and the City of Busselton Strategic Community Plan 2017.

 

Amendments to clause 3.2 shall introduce the 'Industrial Development' zone and associated objectives (see resolution 1.1d ii). Objectives a) and b) are MST compliant, with the remaining objectives reflecting the objectives and strategies of the draft LPS and the City of Busselton Strategic Community Plan 2017.

 

It is proposed to amend clause 3.6 ' Land Use Permissibility in the Special Use, Vasse Development and Deferred Vasse Development Zones' by deleting ‘Vasse Development’ and ‘Deferred Vasse Development' and inserting 'Urban Development' and 'Industrial Development' (see resolution 1.1e i).

 

The land within the Vasse townsite is currently zoned 'Vasse Development' and is subject to the endorsed Vasse Townsite Structure Plan. The Vasse Townsite is functionally integrated within the existing Vasse planned settlement and it is proposed to include the area in the Urban Development zone as an adjunct to the detailed planning outcomes for the Vasse Village (see resolution 8.4d).

 

The Vasse Townsite Structure Plan also provides guidance on which lots within the townsite may be developed with a 'Shop' (including retail floorspace allocations) and other general land use permissibilities. It is proposed to incorporate these controls into the Scheme by amending Schedule 3 - 'Special Provision Areas' by placing the Vasse Townsite in a new Special Provision Area 64 (refer to section 3 of this report and resolution 4.1h). Statutory force and effect to the design principles currently set out on the Vasse Townsite Structure Plan are proposed to be incorporated into the Scheme via Special Provision Area 64.

 

c)            Land to be included in the ‘Urban Development’ and ‘Industrial Development’ zones

It is proposed to rezone the un-subdivided/undeveloped portions of the 'Vasse Development' zone, 'Deferred Vasse Development' zone, ‘Special Use' development areas and a 'Special Use' deferred development area to 'Urban Development' and 'Industrial Development'. The proposals will align the zoning of the land with the Regulations and require subdivision and development to be guided by a comprehensive structure plan.

 

The land proposed to be rezoned is located in the following areas:

 

i.      Special Use (Yalyalup Development Area) - see resolution 8.1a and Attachment A;

ii.     Special Use (Deferred Yalyalup Development Area) - see resolution 8.1b and Attachment A;

iii.    Special Use (Ambergate North Development Area) - see resolution 8.2 and Attachment B;

iv.   Special Use (Old Broadwater Farm Development Area) - see resolution 8.3 and Attachment C;

v.    Vasse Development - see resolutions 8.4a, 8.4b & 8.4d and Attachment D;

vi.   Deferred Vasse Development - see resolution 8.4c and Attachment D;

vii.  Special Use (Dunsborough Lakes Development Area) - see resolution 8.5 and Attachment E;

viii. Special Use (Yalyalup Industrial Development Area) - see resolutions 8.6a & 8.6b and Attachment F; and

ix.   Special Use (Ambergate Industrial/Service Commercial Development Area) - see resolution 8.7 and Attachment B.

 

d)            Proposals for Port Geographe

A proposal has been formally submitted to modify the endorsed structure plan as it relates to Lot 9001 Layman Road, Geographe. The land is already zoned for residential development and, as the structure plan modifications are inconsistent with existing zones and residential density codings, Amendment 28 provides for the inclusion of the land in the 'Urban Development ' zone to allow the structure plan to be assessed and applied in a manner consistent with what occurs in other urban growth areas in the City (see resolution 8.8a and Attachment G).

 

Lot 9501 and Lot 585 Port Lane, Geographe are zoned 'Local Centre' under LPS21. The land parcels form part of the Village Centre precinct on the Port Geographe Structure Plan, with a land use designation of 'Residential R60' (including mixed use retail and commercial). The developer is seeking to rationalise the landholdings and development outcomes in order to stimulate development within and around the Village Centre. To assist this process rezoning the subject land to 'Urban Development' is proposed (see resolution 8.8b and Attachment H).

 

Lot 590 and Lot 612 Spinnaker Boulevard, Geographe are zoned 'Tourism' under LPS21 and designated 'Tourist Accommodation' on the Port Geographe Structure Plan. The two sites are significant in the context of the Port Geographe marina, both being 'landmark' sites, however the 'Tourism' zone is considered to be too restrictive with respect to the range of permissible land uses.

 

The zoning has effectively prevented any coordinated development proposals being progressed for the two sites. It is proposed to rezone the lots to 'Urban Development' to provide more flexibility than the current zoning allows with detailed zoning and land use outcomes to be updated through the preparation of a new structure plan over the sites (see resolution 8.8c and Attachment I).

 

2.            Development Contribution Areas

 

Clause 5.12 of the Scheme deals with the application and operation of Development Contribution Areas. There is currently one Development Contribution Area (DCA-1) incorporated into LPS21 via Schedule 12: 'Development Contribution Areas'. DCA-1 includes six development contribution 'precincts' for community based infrastructure contributions that are applied as a result of subdivision and development.

 


 

Schedule 12 of LPS21 identifies a 'Development Contribution Area' and a 'Development Contribution Plan' with a corresponding Scheme clause (clause 5.12) that set out the requirements for the preparation, endorsement and updating of development contributions plans. Schedule 12 also sets out the application and operation of the individual development contribution plan, including infrastructure items to be delivered and cost apportionment within the development contribution area. Excluded from DCA-1 are the City's development areas (being Yalyalup, Vasse, Old Broadwater Farm and Dunsborough Lakes) that have individual development contribution plans prepared and adopted over them.

 

State Planning Policy 3.6 - Development Contributions requires development contribution plans to be incorporated into local planning schemes. It is therefore proposed to incorporate the development contribution plans/areas for Yalyalup, Vasse, Old Broadwater Farm and Dunsborough Lakes into Schedule 12 (see resolution 4.5 and Attachments J - M). It is proposed to amend clause 5.12.2 by replacing the specific reference to 'DCA-1' with 'DCA' (see resolution 3.1) to reflect proposed changes to Schedule 12.

 

It is also proposed to amend DCA-1 in relation to the method for calculating cost contributions. LPS21 permits contributions at the development application stage where there has been a subdivision approval prior to DCA-1 coming into effect. However, where the Western Australian Planning Commission does not impose a contribution condition at subdivision stage under the current planning framework, it is arguable that the City cannot then impose a condition at the development application stage. It is proposed to clarify the City's ability to do so by amending the relevant clause in Schedule 12 DCA-1 (see resolution 4.4). That will help ensure fair and consistent development contribution requirements.

 

3.            Review of Schedule 3: 'Special Provision Areas'

 

A 'Special Provision Area' listed under Schedule 3 of LPS21 and identified spatially on the Scheme map is a type of Special Control Area. With the exception of the 'Vasse Development' and 'Deferred Vasse Development' zones, a number of Special Provision Areas are associated with 'Special Use' development areas and endorsed structure plans for the City's urban and industrial growth areas.

 

The provisions applicable to each Special Provision Area are broadly similar in that they set out: matters to be addressed by a structure plan or local development plan; the process for the assessment, advertising and approval of structure plan/local development plan proposals; requirements relating to subdivision and development approvals; and appeal rights. Other provisions address matters specific to the area such as land use permissibilities and retail floor space restrictions.

 

A review of Schedule 3 - Special Provision Areas that are applicable to the 'Special Use' development areas has been undertaken. The purpose of the review is to remove provisions that are:

 

a)    duplications of deemed provisions or inconsistent with the Planning and Development (Local Planning Schemes) Regulations 2015;

b)    superseded or redundant as requirements have been completed or subdivision and development has occurred; or

c)    subject to other requirements of the planning framework.

 

It is proposed to retain provisions that the City wishes to continue to have statutory force and effect until development within the Special Provision Area(s) is completed.

 


 

The changes proposed to Schedule 3 (see resolution 4.1) are described below:

 

1.    Amend Special Provision Area 23 (see resolution 4.1a) - SP23 relates to the 'Special Use (Yalyalup Development)' and 'Special Use (Yalyalup Deferred Development)' and requires subdivision and development to be guided by an endorsed structure plan and local development plans. SP23 sets out the matters to be addressed through the preparation of those plans and contains numerous provisions that are either: deemed provisions; inconsistent with the Regulations; matters to be addressed at subdivision stage; or matters that have already been completed. The removal of these provisions is proposed. Provision 11, which relates to the potential requirement for noise amelioration measures consistent with a Noise Management Plan for the Busselton Margaret River Regional Airport, is proposed to be retained. The boundary of Special Provision Area 23 is also proposed to be amended to exclude subdivided land proposed to be 'normalised' into LPS21, Lot 501 Blum Boulevard and Lot 32 Lyddy Road (to reflect the advice of the EPA) and applies only to land in the proposed 'Urban Development' zone (Attachment A).

 

2.    Amend Special Provision Area 36 (see resolution 4.1b) - SP36 relates to the 'Special Use (Yalyalup Industrial Development)' and requires subdivision and development to be guided by an endorsed structure plan. SP36 sets out the matters to be addressed through the preparation of a structure plan and contains numerous provisions that are either: deemed provisions; inconsistent with the Regulations; or matters to be addressed at subdivision stage. The removal of these provisions is proposed. As the land the subject of SP36 has not received any subdivision approvals, provisions 7, 8 and 9 that require the preparation of a drainage management framework and management plans for remnant vegetation, landscape buffers and fauna are proposed to be retained.

 

3.    Amend Special Provision Area 39 (see resolution 4.1c) - SP39 relates to the ‘Special Use (Ambergate North Development Area)’ and requires subdivision and development to be in accordance with an endorsed structure plan. SP39 sets out the matters to be addressed through the preparation of a structure plan and local development plans and contains numerous provisions that are either deemed provisions, inconsistent  with the Regulations;  or matters to be addressed at subdivision stage. The removal of these provisions is proposed. Provisions 12 - 18 are proposed to be retained as they deal with retail floorspace controls for the future village centre and local centre and the requirement for the preparation of a development contribution plan to address the staging of development and the equitable provision of community facilities, public open space and civil infrastructure. As the land the subject of SP39 has not received any subdivision approvals, provisions 19, 20 and 21 are also proposed to be retained. These provisions relate to: drainage outcomes on bushland/wetland areas; the Water Quality Improvement Plan for the Vasse-Wonnerup wetlands; and guidance for achieving sustainability outcomes for development.

 

4.    Amend Special Provision Area 42 (see resolution 4.1d) - SP42 relates to the ‘Special Use (Dunsborough Lakes Development Area)’ and requires subdivision and development to be in accordance with an endorsed structure plan. SP42 sets out the matters to be addressed through the preparation of a structure plan and local development plans and contain numerous provisions that are either deemed provisions, inconsistent with the Regulations or matters to be addressed at subdivision stage. The boundary of Special Provision Area 42 is also proposed to be amended to exclude subdivided land proposed to be 'normalised' into LPS21 and applies only to land in the proposed 'Urban Development' zone, 'Enterprise Park' and Lot 1150 Commonage Road - as discussed under section 6 of this report (Attachment E).


 

5.    Amend Special Provision Area 43 (see resolution 4.1e) - SP43 relates to the ‘Special Use (Old Broadwater Farm Development Area)’. SP43 sets out the matters to be addressed through the preparation of a structure plan and contains provisions that are either deemed provisions, inconsistent with the Regulations, matters to be addressed at subdivision stage, or are redundant/completed. The removal of these provisions is proposed. The boundary of Special Provision Area 43 is also proposed to be amended to exclude land that has already been ceded to the Crown for the purpose of 'Reserve', and applies to land in the proposed 'Urban Development' zone and subdivided residential areas to prevent re-subdivision of lots under clause 4.3.1 of LPS21 (Attachment C).

 

6.    Amend Special Provision Area 48 (see resolution 4.1f) - SP48 relates to the ‘Special Use (Ambergate Industrial/Service Commercial Development Area)’ and requires subdivision and development to be generally in accordance with an endorsed structure plan. SP48 sets out the matters to be addressed through the preparation of a structure plan and contains provisions that are either deemed provisions, inconsistent with the Regulations, matters to be addressed at subdivision stage, or are redundant/completed. The removal of these provisions is proposed. It is proposed to retain the provisions relating to permissible land uses, definitions and development outcomes.

 

7.    Amend Special Provision Area 55 (see resolution 4.1g) – SP55 relates to the ‘Special Use (Heron Lake Development Area)’ and requires subdivision and development to be generally in accordance with an endorsed structure plan and contains provisions that are either deemed provisions, inconsistent with the Regulations or are redundant as requirements have already been fulfilled. It is proposed to remove these provisions. The boundary of Special Provision Area 55 is also proposed to be amended to exclude land that has already been ceded to the Crown for the purpose of 'Reserve' and applies only to subdivided residential land to prevent re-subdivision of lots under clause 4.3.1 of LPS21 (Attachment D).

 

As part of the above, the endorsed structure plans and local development plans have also been reviewed and it is proposed to carry over certain provisions into Schedule 3 - 'Special Provision Areas' to enable statutory force and effect. The key conditions proposed to be transferred from structure plans and local development plans into Schedule 3 are summarised below:

 

a)    SP36 (Yalyalup Industrial): requirements for a drainage management framework and land use permissibilities for the future local commercial centre (see resolution 4.1a).

b)    SP42 (Dunsborough Lakes): length of stay provisions for the tourism precinct (see resolution 4.1d).

c)    SP43 (Old Broadwater Farm): re-subdivision of lots pursuant to clause 4.3.1 of LPS21 not permitted (see resolution 4.1 e).

d)    SP55 (Heron Lake): re-subdivision of lots pursuant to clause 4.3.1 of LPS21 not permitted (see resolution 4.1g).

e)    Proposed SP64 (Vasse townsite): retail floor space allocation, land use permissibilities and provisions to guide redevelopment (see resolution 4.1h and Attachment D).

f)     Proposed SP65 (Vasse Village Centre): retail floor space cap (see resolution 4.1i and Attachment D.

g)    Proposed SP66 (' Birchfields' village - Vasse): development standards (see resolution 4.1j and Attachment D.

h)    Proposed SP67 ('Dawson' village - Vasse): development standards (see resolution 4.1k and Attachment D.

 

For existing and proposed Special Provision Areas that would include land zoned 'Urban Development' or 'Industrial Development' new provisions outlining requirements for a single, integrated structure plan for the whole of the Special Provision Area are proposed to allow for orderly and proper planning. 

4.            Amend the 'Landscape Value Area' and 'Wetland Area' Boundary

 

A 'Landscape Value Area' (LVA) identified on the Scheme map is considered to have a high level of natural visual amenity. Subdivision and development are not to detrimentally affect the scenic amenity of land within this area. The LVA alignment at Vasse and Old Broadwater Farm is found within the areas zoned for urban development. The LVA alignment also includes land that has been subdivided for residential purposes. The result is that owners of lots within the LVA must submit a Development Application for all development. This is clearly not the intent of the residential use of the land in this area and is the result of an outdated LVA alignment.

 

It is proposed to amend the boundary of the LVA where land has been subdivided and developed for urban purposes. These areas include parts of Vasse (see resolution 5.1a and Attachment D) and the western portion of the Old Broadwater Farm Development Area (see resolution 5.1b and Attachment C).

 

Land within a 'Wetland Area' identified on the Scheme map requires planning approval for all development. The alignment of the 'Wetland Area' at Vasse is found within the areas zoned for residential development, including land that has been subdivided and developed. It is proposed to realign the boundary of the 'Wetland Area' in relation to Vasse to exclude the urban component (see resolution 6 and Attachment D).

 

5.            Amend the 'Development Investigation Area' boundary

 

The 'Development Investigation Area' (DIA) of LPS21 identifies land on the Scheme map for development investigation and requires the preparation of a structure plan and rezoning of the land consistent with the land uses proposed. It is proposed to amend DIA boundaries where -

 

a)    Scheme requirements for structure planning and rezoning have been completed and subdivision/development has either substantially commenced, or has been completed, and therefore the DIA is effectively redundant;

b)    land that is identified in the Busselton Urban Growth Strategy for urban development is not designated for that purpose in the Local Planning Strategy, and therefore there is no strategic support to retain the DIA; and

c)    land is strategically identified in the Local Planning Strategy for urban development.

 

5.1.         Redundant DIA

There are numerous DIAs where requirements for structure planning and rezoning have been completed and subdivision/development has either substantially commenced, or has been completed, and therefore the DIA is redundant. It is proposed to remove these DIAs as the Scheme requirements have already been met. The DIAs proposed to be amended or removed include:

 

a)    rural residential subdivision immediately west of Eagle Bay (see resolution 7.1a and Attachment N);

b)    rural residential subdivision immediately northwest of the Dunsborough urban area (see resolution 7.1b and Attachment O);

c)    Lot 4131 Smiths Beach Road, Yallingup (see resolution 7.1c and Attachment P);

d)    Old Broadwater Farm Development Area and adjacent parts of the New River wetlands (see resolution 7.1d and Attachment C);

e)    Ambergate North (see resolution 7.1e and Attachment Q);

f)     Beachgrove Place, Geographe (see resolution 7.1f and Attachment R);

g)    Subdivided rural residential land between Rendezvous Road and the Busselton Bypass (see resolution 7.1g and Attachment S); and

h)    Molloy Street (see resolution 7.1h and Attachment T).

 

5.2          DIA not Strategically Supported by the Local Planning Strategy

Prior to the Local Planning Strategy, the Busselton Urban Growth Strategy 2006 (BUGS) provided the strategic guidance for urban and industrial growth areas within the City and a number of DIAs on the Scheme map reflect the recommendations of the BUGS. The LPS supersedes the BUGS and, as such, the DIAs that are not identified in the LPS as urban growth areas have no strategic rationale for retention and are therefore proposed to be removed from the Scheme map. The DIA includes land commonly known as 'Ambergate South' (see resolution 7.1e and Attachment Q).

 

5.3          Land Strategically Identified by the Local Planning Strategy

Amendment 28 considers 'Bovell (9)' which is strategically identified in the City's Local Planning Strategy for future urban development. It is proposed to place 'Bovell (9)' in the Development Investigation Area to enable the planned and progressive development of the land for urban purposes in a manner and a time appropriate to the orderly and proper planning and development of the land and the locality (see resolution 7.1i and Attachment U). Land in a DIA requires comprehensive structure planning and rezoning of land prior to subdivision and development occurring.

 

6.            'Normalise' endorsed structure plans where subdivision has occurred within development zones

 

It is proposed to consolidate the zonings applicable to land within the various existing 'development zones' where that land has now been subdivided, and can now have a substantive zoning directly applied (e.g. in the case of residential land, rezoning the land to  'Residential', and applying a residential density code e.g. 'R20'). It is anticipated that as subdivision and development progresses within each development zone, the applicable structure plan will be progressively consolidated via basic amendments to LPS21. The areas proposed to be consolidated are -

 

a)    The subdivided land subject to the Busselton Airport North Structure Plan ('Provence' Yalyalup) and the Via Vasse Structure Plan (see resolution 9.1 and Attachment A).

b)    The subdivided land subject to the Old Broadwater Farm Structure Plan (see resolution 9.2 and Attachment C).

c)    The subdivided land subject to the Vasse Overall Structure Plan (see resolution 9.3a-c and Attachment D).

d)    The subdivided land subject to the Heron Lake Structure Plan (see resolution 9.3d and Attachment D).

e)    The subdivided land subject to the Dunsborough Lakes Structure Plan (see resolution 9.4 and Attachment E).

 

With respect to the Dunsborough Lakes Structure Plan, 'Enterprise Park' and Lot 1150 Commonage Road are to remain under the current zoning i.e. 'Special Use (Dunsborough Lakes Development Area)'. The intended direction for Enterprise Park was to zone the land 'Restricted Business' rather than 'Light Industry' as that zone best reflects the existing nature and type of land uses. However, occurring concurrently with the commencement of Amendment 28 in 2018 was Amendment 29 (Omnibus 4) to LPS21 (which sought to align the zones in LPS21 with the standard set of zones set out in the Model Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 and a proposal to modify the Dunsborough Lakes Structure Plan in relation to Lot 1150 Commonage Road by replacing the current 'Aged Care Site' land use designation with 'Residential', 'Restricted Business', Office' and 'Aged Persons Accommodation'.

 

Given that the timing of decisions relating to Amendment 29 and the structure plan proposal were uncertain when Amendment 28 was initiated, one zoning change for 'Enterprise Park' to 'Service Commercial' and Lot 1150 to 'Residential' and 'Service Commercial' with 'Office' as an ‘Additional Use’ will be undertaken via a 'basic' amendment.

OFFICER COMMENT

Substantive matters identified since the initiation of Amendment 28 and through the assessment of outcomes of consultation are listed below and addressed under appropriate subheadings:

 

1.    Alignment of Amendment 28 with changes to LPS21 introduced by Amendment 29.

2.    Proposed Development Investigation Area for Bovell.

3.    Rezoning request to include Lots 78 and 92 Busselton Bypass, Broadwater in the ‘Urban Development’ zone.

4.    Rezoning request to include Lot 6 and portion of Lot 10 Bussell Highway, Broadwater in the ‘Urban Development’ zone.

5.    Rezoning request to include Lot 9052 Northerly Street, Vasse in the ‘Industrial Development’ zone.

 

Amendment 29 to LPS21

The Gazettal of Amendment 29 (‘Omnibus 4’) on 7 June 2019 brought a number of elements of the Scheme into alignment with Model Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The elements included, amongst other things: retitling of certain zones (e.g. ‘Special Purpose’ to ‘Special Use’) with corresponding changes to the Scheme map; amending inconsistent land use titles and definitions within Schedule 1 of the Scheme; and introducing a new Schedule 5 – ‘Special Use’ with corresponding changes to Schedule numbering and Scheme references. 

 

Amendment 28 now requires modification to ensure alignment with the changes to LPS21 introduced by Amendment 29, with correct references to zones (including representation on the Scheme map), Schedules and land use titles (including those amended and deleted by Amendment 29) throughout the Scheme Amendment document and resolution.

 

The recommended changes to Amendment 28 are listed in the Schedule of Modifications at Attachment V.

 

Proposed Development Investigation Area for Bovell

Amendment 28 proposes to place Lot 40 Vasse Highway and Lot 41 Drovers Road, Bovell in a ‘Development Investigation Area’ (DIA) as the land is identified as a ‘medium-term urban growth area’ Bovell (9) by the City’s Local Planning Strategy.

 

The Department of Fire and Emergency Services has specifically commented on this element of Amendment 28, advising that the Bovell (9) DIA would potentially facilitate an intensification of land use that could result in an increased bushfire risk and therefore State Planning Policy 3.7 Planning in Bushfire Prone Areas should be applied. Strategic planning proposals (i.e. amendments) require a bushfire assessment (relevant to the nature and scale of the proposal) and assessment against Appendix 4 of the Guidelines. For local planning scheme amendments, the preparation of a Bushfire Hazard Level Assessment (BHL) across the whole of the land by a suitably accredited Bushfire Planning Practitioner is more appropriate where there is limited detail regarding the final lot layout. As such, this element of Amendment 28 does not currently meet the planning requirements.

 

The purpose of a DIA is to enable the planned and progressive development of the land for other purposes in a manner and at a time appropriate to the orderly and proper planning and development of the land and the locality. This would necessitate a scheme amendment to place the Bovell (9) land in an appropriate zone, such as ‘Urban Development’, and the preparation of a comprehensive structure plan to guide subsequent subdivision (which would be informed by a suite of technical investigations including a bushfire management plan).

 

However, given the nature of the submission received, and in light of a similar experience with the City-led Amendment 36 (rezoning ‘Rural’ and ‘Rural Residential’ land in Vasse East to ‘Urban Development’), it is unlikely that further negotiation would result in DFES agreeing to defer bushfire assessment of the Bovell land to the structure planning stage (even though this would be a practical and pragmatic approach given that future structure planning can address this issue in the context of more detailed planning). It is also worth noting that the WAPC did not agree to progress Amendment 36 until this issue had been resolved (which has occurred via the City providing a BHL to the satisfaction of DFES) and potentially Amendment 28 could similarly, and undesirably, stall over this issue.

 

Since Amendment 28 was initiated in April 2018, the strategic direction for Bovell has been strengthened and confirmed through the final approval of the City’s Local Planning Strategy and the Leeuwin Naturaliste Sub-Regional Strategy by the WAPC. Both documents identify Bovell for urban land use. It is therefore considered that a DIA over the land would not serve any worthwhile strategic purpose, particularly as the strategic planning framework effectively provides the context for orderly and proper structure planning and rezoning processes to commence at an appropriate time. Officers are therefore recommending that this element of Amendment 28, being resolution 7.1i, is removed (refer to the Schedule of Modifications at Attachment V).

 

Rezoning Request for Lots 78 and 92 Busselton Bypass, Broadwater

One public submission requests the inclusion of Lots 78 and 92 Busselton Bypass, Broadwater in Amendment 28 in order to rezone the land from ‘Rural’ to ‘Urban Development’. The location of the subject land is provided at Attachment W. In support of the request, the submission includes the following points:

 

·    The land is contiguous with the Old Broadwater Farm residential estate to the east.

·    The land is identified as a Development Investigation Area under LPS21 which requires land to be appropriately zoned and structure planned prior to subdivision and development.

·    The southern portion of the land is identified as ‘a current urban growth area’ by the City’s Local Planning Strategy.

·    The land could be included in a new Special Provision Area with conditions to provide additional guidance for planning.

·    Inclusion in the Urban Development zone would enable appropriate planning and environmental investigations to determine areas for urban development, conservation and/or other uses.

 

The primary intent of Amendment 28 is to align the City’s current development zones (Vasse, Provence, Dunsborough Lakes etc) and their associated Scheme provisions with the Regulations. Amendment 28 addresses land that is already zoned and structure planned for urban and industrial development purposes.

 

The zoning request does not meet contemporary planning requirements. The land is currently zoned ‘Rural’ and within a ‘Development Investigation Area’. The land is not within a zoned development area, nor is there an approved structure plan in place to guide future zoning and subdivision. The land has significant environmental constraints including, but not limited to, wetlands, wetland buffers, native vegetation and bushfire risk.

 

The Regulations require that there is sufficient analysis undertaken to demonstrate that land contained within an Urban Development zone is actually capable and suitable for development. The proximity of the land to existing residential subdivision to the east, its inclusion in a ‘Development Investigation Area’ under LPS21 and an urban growth area under the Local Planning Strategy do not preclude this requirement for strategic analysis. Assessment of bushfire risk and proximity to important wetlands are fundamental issues for investigation to determine the appropriateness of rezoning and a suitable developable area.

For these reasons, officers are recommending that the submission is not supported.

 

Rezoning Request for Lot 6 and portion of Lot 10 Bussell Highway, Broadwater

One public submission requests the inclusion of Lots 6 and portion of 10 Bussell Highway, Broadwater in Amendment 28 in order to rezone the land from ‘Residential R20’ to ‘Urban Development’ (Attachment X). The subject land is located approximately 7km west of the Busselton City Centre and is bordered by residential development and the Broadwater wetlands. The Broadwater Structure Plan (which comprises two parts: Precinct 1 East adopted in 2005, and Precinct 2 West adopted in 2016) has provided the guidance for subdivision and development in the locality. Lots 6 and 10 are within Precinct 1 – East which is provided at Attachment Y.

 

The City has recently discussed with key landowners and their representatives, matters in respect to the review and rationalisation of the Broadwater Structure Plan, as well as how best to guide the zoning and subdivision of those potentially developable areas which remain in this structure planning area. Since the adoption of the Broadwater Structure plan, subdivision and development has been approved and subsequently carried out over most of Precinct 2.

 

The potential urban development area most clearly affected by changes to the planning framework introduced since the adoption of the Broadwater Structure Plan (especially in terms of regulatory requirements in planning for bushfire, ecological linkages, water management and clearing of remnant native vegetation, as well as the current blanket ‘Residential R20’ zoning) are those remaining landholdings in Precinct 1 – East, and most significantly Lots 6 and 10.

 

Whilst the landowner could proceed with the development of Lots 6 and 10 under the current zoning, there would need to be the standard requisite site investigations (hydrology, flora and fauna, bushfire risk and so forth), as well as a modification to the Broadwater Structure Plan itself to guide integrated subdivision and development. A Scheme amendment would also be required to avoid discrepancies between land uses and residential densities proposed by a revised Structure Plan and the underlying zoning. The preparation and progression of a Scheme Amendment proposal and modified Broadwater Structure Plan would be a lengthy process (18 months +), especially given the need for specialist technical site investigations to inform subdivision/development outcomes.

 

Unlike greenfields (undeveloped) land in the City’s other development areas, Lots 6 and 10 were not included in Amendment 28 for rezoning to ‘Urban Development’ because the current ‘Residential R20’ zoning is compliant with the Regulations.

 

To assist with the timely review of the planning framework for this precinct and to streamline the process, officers are recommending that Amendment 28 be modified to include the current ‘Residential R20’ zoned portion of Lots 6 and 10 in the ‘Urban Development’ zone along with a new Special Provision Area (consistent with the approach proposed by Amendment 28 for the City’s other development areas). This would ensure that appropriate structure planning is undertaken to guide future zoning and subdivision.   

 

Of relevance to consideration of this submission, the City is currently undertaking traffic counts to assist in assessing and determining an optimum road network to connect the eastern and western precincts of the Broadwater Structure Plan area, together with identifying appropriate road intersections with Bussell Highway and Broadwater Boulevard. The City intends to commission a suitably qualified traffic management consultant to review those findings and further advice on traffic movement needs throughout the Broadwater area (modelled on assumed full subdivision and development). The outcome of this assessment would be an important consideration in any review of the planning framework applicable to the Broadwater locality. 

 


 

Rezoning Request for Lot 9052 Northerly Street, Vasse

One public submission requests a modification to Amendment 28 to change the current proposed ‘Urban Development’ zoning of Lot 9052 Northerly Street to ‘Industrial Development’ (Attachment Z).

 

Lot 9052 is designated as a recreation reserve by the endorsed Vasse Structure Plan, which is an anomaly arising from the formulation of the structure plan around 20 years ago. The property is a freehold lot held in fee simple (i.e. not a reserve or other Crown land parcel) and is not required for recreational purposes as demonstrated by a recent the public open space audit undertaken for a current review of the Vasse Structure Plan.

 

A number of land uses have been discussed and considered previously by City officers, senior representatives of the DPLH and the landowner/landowner’s representative. Agricultural land uses were effectively ruled out, as were active recreation (sports ovals and the like) or conservation areas. Since Amendment 28 was initiated Lot 9052 is now being recognised as potentially a natural ‘extension area’ of the Vasse LIA or ‘Business Park’ north of the Franklin Wetland and west of Lynwood Street. In this regard the landowner/landowner’s representative have prepared a concept plan for the future subdivision and development of Lot 9052 for light industrial and general industrial uses, including consideration of a service station.

 

Inclusion of Lot 9052 in the Industrial Development zone would provide the strategic planning framework within which the landowner could seek a future modification to the Vasse Structure Plan to change the designation of the land from recreation reserve to light and general industrial uses.

Statutory Environment

The key elements of the statutory environment in relation to Scheme Amendments are set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. The Amendment has been prepared having regard to the Act, the Regulations and Model Scheme Text and Deemed Provisions contained therein.

 

The Planning and Development (Local Planning Schemes) Regulations 2015 identifies three different levels of amendments – basic, standard and complex. The resolution of the local government is to specify the level of the amendment and provide an explanation justifying this choice.

Relevant Plans and Policies

The key plans and policies most relevant to Amendment 28 include: State Planning Policy 3.6 – Development Contributions; the City of Busselton Local Planning Strategy (2019); the Leeuwin Naturaliste Sub-Regional Strategy (2019); the various endorsed Structure Plans for the ‘development areas’; and Local Development Plans for specific areas within overall structure plan areas. Each is discussed under appropriate subheadings.

 

State Planning Policy 3.6 – Development Contributions

State Planning Policies are made under Section 26 of the Planning and Development Act 2005. The Western Australian Planning Commission and local governments must have due regard to the provisions of adopted policies in preparing planning schemes and making decisions on planning matters.

 

SPP 3.6 sets out the principles and considerations that apply to development contributions for the provision of infrastructure in new and established urban areas, as well as the form, content and process to be followed in preparing a development contributions plan.

 


 

The policy provides the capacity to obtain development contributions towards community infrastructure (i.e. contributions that go beyond delivery of public open space or traditional ‘hard’ infrastructure such as roads, drainage and reticulated water, energy or telecommunications services) either by way of a development contributions plan or by a voluntary agreement between the developer and the relevant local government.

 

The objectives of the policy are:

 

i.      to promote the efficient and effective provision of public infrastructure and facilities to meet the demands arising from new growth and development;

ii.     to ensure that development contributions are necessary and relevant to the development to be permitted and are charged equitably among those benefiting from the infrastructure and facilities to be provided;

iii.    to ensure consistency and transparency in the system for apportionment, collecting and spending development contributions; and

iv.   to ensure the social well-being of communities arising from, or affected by, development.

 

City of Busselton Local Planning Strategy (2019)

The purpose of the Local Planning Strategy (LPS) is to: set out the long term (25 years-plus) broad planning direction for the whole of the District of the City of Busselton; and provide a strategic rationale for decisions related to the planning and development of the District; especially decisions related to the progressive review and amendment of the local planning scheme. The LPS map is provided at Attachment AA. The LPS also sets out four ‘frameworks’ relating to: settlement; urban growth areas; activity centres; and industrial/service commercial growth areas.

 

Leeuwin Naturaliste Sub-Regional Strategy (2019)

The primary purpose of this strategy is to manage and plan for growth in the Leeuwin Naturaliste sub-region (comprising the City of Busselton and the Shire of Augusta-Margaret River) and to inform a review of State Planning Policy 6.1 - Leeuwin-Naturaliste Ridge. Other purposes are to: integrate local and regional land use planning to provide for population and economic growth: respond to environmental and coastal landform change; and guide planning for the development of urban, industrial and rural land uses and associated infrastructure.

 

Structure Plans & Local Development Plans

There are a number of endorsed structure plans (a number of which were adopted as ‘development guide plans’, pursuant to earlier scheme provisions) that guide the subdivision and development of land for urban and industrial development within their boundaries. Some of the structure plans also identify a requirement for local development plans to guide more detailed development outcomes. The structure plans and local development plans are listed below:

 

Structure plans:

·    Busselton Airport (North) Structure Plan and Lot 31 Bussell Highway, Yalyalup (‘Provence’)

·    Via Vasse Structure Plan

·    Ambergate North Structure Plan

·    Vasse Overall Structure Plan

·    Vasse Townsite Structure Plan

·    Heron Lake Structure Plan

·    Old Broadwater Farm Structure Plan

·    Dunsborough Lakes Structure Plan

·    Yalyalup Industry Park Structure Plan

·    Ambergate Industrial/Service Commercial Structure Plan

 

Local development plans:

·    Birchfields Village (Vasse)

·    Dawson Village (Vasse)

·    Vasse Light Industrial Area

·    Vasse Village Centre

·    Local Development Plans 1 to 4 –Yalyalup (‘Provence’)

·    Local Development Plan 6 ‘Enterprise Park’ (‘Dunsborough Lakes’)

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Amendment 28 was advertised for 60 days ending 23 December 2019. A Schedule of Submissions is provided at Attachment AB. Four public submissions were received and the following matters were raised:

 

·    Rezoning request to include Lots 78 and 92 Busselton Bypass, Broadwater in the ‘Urban Development’ zone.

·    Rezoning request to include Lot 6 and portion of Lot 10 Bussell Highway, Broadwater in the ‘Urban Development’ zone.

·    Rezoning request to include Lot 9052 Northerly Street, Vasse in the ‘Industrial Development’ zone.

 

These matters are discussed in the Officer Comment section of this report.

 

Eleven submissions were received from State agencies, with Telstra, Water Corporation, Department of Planning, Lands and Heritage, Department of Primary Industry and Regional Development and Department of Water all having no objection to Amendment 28.

 

The following agencies made specific comment on Amendment 28:

·    Department of Fire and Emergency Services (DFES) – advising that the proposed Development Investigation Area for Lot 40 and portion of Lot 41 Vasse Highway, Bovell should have State Planning Policy 3.7 Planning in Bushfire Prone Areas applied. This is addressed in the Officer Comment section of this report with a recommendation set out in the Schedule of Modifications.

·    Department of Biodiversity, Conservation and Attractions (DBCA) – advice provided in relation to: the Port Geographe Structure Plan (fencing and landscaping); Provence Structure Plan (remnant vegetation); and Smiths Beach (Landscape Value Area under LPS21). The matters raised are addressed in the Schedule of Submissions.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No such risks have been identified.

Options

As an alternative to the proposed recommendation the Council could:

1.    Resolve not adopt the Amendment for final approval (and provide a reason for such a decision).

2.    To seek further information before making a decision.


 

CONCLUSION

The information contained within this report confirms that Amendment 28 is an appropriate outcome consistent with the orderly and proper planning of the City of Busselton and as such, it is recommended that the Amendment be adopted for final approval.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The implementation of the Officer Recommendation will involve the provision of the Amendment documentation to the Western Australian Planning Commission and this will occur within one month of the Council decision.


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13.1

Attachment a

Yalyalup

 


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Attachment b

Ambergate North & Chapman Hill Industrial

 


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Attachment c

Old Broadwater Farm

 


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Attachment d

Vasse

 


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Attachment e

Dunsborough Lakes

 


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Attachment f

Yalyalup Industrial

 


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Attachment g

Lot 9001 Layman Rd Geographe

 


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Attachment h

Lots 9501 & 585 Port Lane Geographe

 


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Attachment i

Lots 509 & 612 Spinnaker Blvd Geographe

 


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Attachment j

DCA 2 Yalyalup

 


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Attachment k

DCA 4 Vasse

 


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Attachment l

DCA 3 Old Broadwater Farm

 


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Attachment m

DCA 5 Dunsborough Lakes

 


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Attachment n

Development Investigation Area Eagle Bay

 


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Attachment o

Development Investigation Area Okapa Rise Dunsborough

 


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Attachment p

Development Investigation Area Smiths Beach Yallingup

 


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Attachment q

Development Investigation Area Ambergate

 


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Attachment r

Development Investigation Area Beachgrove Place Geographe

 


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Attachment s

Development Investigation Area Rendezvous Road Vasse

 


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Attachment t

Development Investigation Area Molloy Street Busselton

 


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Attachment u

Development Investigation Area Lots 40 & 41 Vasse Hwy Bovell

 


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Attachment v

Schedule of Modifications

 


 


 


 


 


 


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Attachment w

Location Plan Lots 78 & 92 Busselton Bypass Broadwater

 


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Attachment x

Lot 6 & portion of Lot 10 Bussell Highway Broadwater

 


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Attachment y

Broadwater Structure Plan Precinct 1 East

 


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Attachment z

Location Plan Lot 9052 Northerly Street Vasse

 


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Attachment aa

Local Planning Strategy

 


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Attachment bb

Schedule of Submissions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      116                                                                    27 May 2020

13.2           PROPOSED SCHEME AMENDMENT NO. 40 (MODIFICATIONS TO THE ZONING TABLE) & PROPOSED SCHEME AMENDMENT NO. 46 (HEAD OF POWER FOR DEVELOPMENT APPLICATIONS AND STRUCTURE PLANS) - CONSIDERATION FOR INITIATION FOR ADVERTISING

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Local Planning Schemes and Amendments

BUSINESS UNIT

Strategic Planning

REPORTING OFFICER

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed Modifications to the Zoning Table  

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2005/142              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

PART A:

 

That the Council:

I.          In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, initiates Amendment No. 40 to the City of Busselton Local Planning Scheme No. 21 for community consultation, for the purposes of:

 

1.         Amending clause 3.5 “Exceptions to the Zoning Table” by:

a)        Inserting a new sub-clause 3.5.3(e) as follows:

 (e)      other than with respect to a Lunch Bar or Service Station, the sale of the following goods or products by retail or wholesale to the public from land in the Service Commercial, Light Industry or General Industry zone:

(i)        foodstuffs, liquor or beverages;

(ii)       items of clothing or apparel;

(iii)     magazines, newspapers, books or paper products;

(iv)      medicinal or pharmaceutical products;

(v)       china, glassware or domestic hardware other than building supplies; or

(vi)      items of personal adornment;

unless such goods are manufactured on the lot;

b)        Deleting sub-clause 3.5.4(d);

c)         Deleting sub-clause 3.5.4(e); and

d)        Renumbering sub-clause 3.5.4(f) to 3.5.4(d);

 

2.         Amending Table 1 “Zoning Table” by, in relation to the use class ‘Bulky Goods Showroom’, replace the symbol ‘P’ with the symbol ‘D’ in the ‘Regional Centre’, ‘Centre’, ‘Local Centre’ and ‘Service Commercial’ zones;

 

3.         Amending Division 2 of Schedule 1 “Interpretations” by modifying the definition of ‘Bulky Goods Showroom’ to replace “or” between parts (a) and (b) with “and”;

 

4.         Amending Table 1 “Zoning Table” by –

a)        In relation to the use class ‘Aged Persons Home’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Rural’ zone;

b)        In relation to the use class ‘Amusement Parlour’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’, ‘Light Industry’ and ‘General Industry’ zones;

c)         Modifying the title ‘Ancillary Accommodation’ to read ‘Ancillary Dwelling’ and associated references throughout the Scheme accordingly;

d)        Inserting the use class ‘Art Gallery’ and allocating –

(i)     the symbol ‘D’ to the ‘Regional Centre’, ‘Centre’, ‘Local Centre’, ‘Tourism’, ‘Rural’ and ‘Viticulture and Tourism’ zones;

(ii)   the symbol ‘A’ to the ‘Rural Residential’ zone; and

(iii)  the symbol ‘X’ to the ‘Residential’, ‘Service Commercial’, ‘Light Industry’, ‘General Industry’, ‘Rural Landscape’, ‘Conservation’ and ‘Bushland Protection’ zones;

e)        In relation to the use class ‘Brewery’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

f)         In relation to the use class ‘Bus Depot’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Rural’ zone;

g)        In relation to the use class ‘Cinema/Theatre’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

h)        In relation to the use class ‘Convenience Store’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’, ‘Light Industry’ and ‘General Industry’ zones;

i)         In relation to the use class ‘Corner Shop’ –

(i)     replace the symbol ‘P’ with the symbol ‘X’ in the ‘Service Commercial’ zone; and

(ii)   replace the symbol ‘D’ with the symbol ‘X’ in the ‘Light Industry’ and ‘General Industry’ zones;

j)         In relation to the use class ‘Exhibition Centre’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

k)        In relation to the use class ‘Fuel Depot’, replace the symbol ‘P’ with the symbol ‘D’ in the ‘Light Industry’ and ‘General Industry’ zones;

l)         In relation to the use class ‘Garden Centre’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Regional Centre’, ‘Centre’, ‘Local Centre’ and ‘Rural Residential’ zones;

m)       In relation to the use class ‘Hospital’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Rural Landscape’ zone;

n)        In relation to the use class ‘Hotel’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

o)        In relation to the use class ‘Liquor Store – Large’, replace the symbol ‘P’ with the symbol ‘D’ in the ‘Regional Centre’, ‘Centre’ and ‘Local Centre’ zones;

p)        In relation to the use class ‘Liquor Store – Small’, replace the symbol ‘P’ with the symbol ‘D’ in the ‘Local Centre’ zone;

q)        In relation to the use class ‘Market’ –

(i)     replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’, ‘Light Industry’, ‘General Industry’, ‘Rural’ and ‘Viticulture and Tourism’ zones; and

(ii)   replace the symbol ‘A’ with the symbol ‘X’ in the ‘Rural Residential’ zone;

r)         In relation to the use class ‘Medical Centre’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Light Industry’ and ‘General Industry’ zones;

s)         In relation to the use class ‘Motel’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

t)         In relation to the use class ‘Motor Vehicle, Boat or Caravan Sales’ –

(i)     replace the symbol ‘D’ with the symbol ‘X’ in the ‘Regional Centre’, ‘Centre’ and ‘Local Centre’ zones; and

(ii)   replace the symbol ‘P’ with the symbol ‘D’ in the ‘Service Commercial’, ‘Light Industry’ and ‘General Industry’ zones;

u)        In relation to the use class ‘Motor Vehicle Repair’, replace the symbol ‘P’ with the symbol ‘D’ in the ‘Light Industry’ zone;

v)        In relation to the use class ‘Reception Centre’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

w)       In relation to the use class ‘Residential Building’, replace the symbol ‘X’ with the symbol ‘D’ in the ‘Regional Centre’ and ‘Centre’ zones;

x)        In relation to the use class ‘Restaurant/Café’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

y)        In relation to the use class ‘Restricted Premises’, replace the symbol ‘D’ with the symbol ‘X’ in the ‘Service Commercial’ zone;

z)         In relation to the use class ‘Service Station’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Rural’ zone;

aa)      In relation to the use class ‘Small Bar’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ and ‘Light Industry’ zones;

bb)     In relation to the use class ‘Takeaway Food Outlet’, replace the symbol ‘A’ with the symbol ‘D’ in the ‘Regional Centre’ and ‘Centre’ zones;

cc)       In relation to the use class ‘Tavern’, replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ and ‘Light Industry’ zones;

dd)     In relation to the use class ‘Trade Supplies’ –

(i)     replace the symbol ‘P’ with the symbol ‘D’ in the ‘Regional Centre’, ‘Centre’, ‘Local Centre’ and ‘Service Commercial’ zones; and

(ii)   replace the symbol ‘X’ with the symbol ‘D’ in the ‘General Industry’ zone;

ee)     In relation to the use class ‘Veterinary Centre’, replace the symbol ‘P’ with the symbol ‘D’ in the ‘Service Commercial’ zone;

ff)       In relation to the use class ‘Winery’ –

(i)     replace the symbol ‘D’ with the symbol ‘A’ in the ‘Regional Centre’, ‘Centre’ and ‘Local Centre’ zones;

(ii)   replace the symbol ‘P’ with the symbol ‘D’ in the ‘Light Industry’ zone;

(iii)  replace the symbol ‘X’ with the symbol ‘D’ in the ‘General Industry’ zone; and

(iv)  replace the symbol ‘A’ with the symbol ‘X’ in the ‘Service Commercial’ and ‘Rural Landscape’ zones;

 

5.         Inserting new sub-clause 4.19 as follows, and renumbering subsequent clauses accordingly:

 

4.19    BREWERIES AND WINERIES

 

4.19.1    The development of a Brewery or a Winery within the Service Commercial, Light Industry and General Industry zones shall be primarily for the production, storage and/or distribution of the product.  The following restrictions shall apply –

(a)      consumption of the product at the site shall be limited to tastings only, being incidental to the production of the product on site, with maximum serving sizes of:

(i)        50mls for wine;

(ii)       100mls for beer/cider; and

(iii)     15mls for spirits;

(b)      no dining on the premises or the consumption or service of food shall take place;

(c)       patronage at the site shall not exceed 30 people at any one time; and

(d)      customers visiting the site for the purpose of tasting and/or sales are restricted to Monday to Sunday, including public holidays, between the hours of 12.00pm and 5.00pm.”

6.         Amending Additional Use No. 74 within Schedule 2 by inserting ‘Car Park’ within the list of land uses permitted;

 

II.         Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), determine that Amendment No. 40 is a ‘standard amendment’ in accordance with r.34(b) of the Regulations as it is:

 

1.         an amendment relating to a zone or reserve that is consistent with the objectives identified in the Scheme for that zone or reserve;

2.         an amendment that is consistent with a local planning strategy for the Scheme that has been endorsed by the Commission; and

3.         an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the Scheme area.

 

III.       That, as the Amendment is in the opinion of the Council consistent with Part V of the Act and Regulations made pursuant to the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by the Act, and on receipt of a response from the EPA indicating that the draft Amendment is to not be subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.  In the event that the EPA determines that the draft Amendment is to be subject to formal environmental assessment, this assessment is to be prepared prior to advertising of the draft Amendment.

 

PART B:

 

That the Council:

I.          In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, initiates Amendment No. 46 to the City of Busselton Local Planning Scheme No. 21 for community consultation, for the purposes of:

 

1.         Amending Part 5 “Special Control Areas” by –

a)        Amending clause 5.4 “Landscape Value Area” by inserting a new sub-clause 5.4.1 as follows, and renumbering subsequent clauses accordingly:

5.4.1      Development within the Landscape Value Area requires the prior development approval of the local government.

b)        Amending clause 5.5 “Wetland Area” by replacing sub-clause 5.5.1 with the following:

5.5.1      Development within the Wetland Area requires the prior development approval of the local government.

c)         Amending clause 5.6 “Coastal Management Area” by inserting a new sub-clause 5.6.1 as follows, and renumbering subsequent clauses accordingly:

5.6.1      Development within the Coastal Management Area requires the prior development approval of the local government.

d)        Amending clause 5.7 “Special Character Area” by inserting a new sub-clause 5.7.1 as follows, and renumbering subsequent clauses accordingly:

 

5.7.1      Development within the Special Character Area requires the prior development approval of the local government.

e)        Amending clause 5.8 “Airport Protection Area” by inserting a new sub-clause 5.8.1 as follows, and renumbering subsequent clauses accordingly:

5.8.1      Development within the Airport Protection Area requires the prior development approval of the local government.

f)         Amending clause 5.10 “Waste Water Exclusion Area and Waste Water Buffer Area” by inserting a new sub-clause 5.10.1 as follows, and renumbering subsequent clauses accordingly:

5.10.1    Development within the Waste Water Exclusion Area and Waste Water Buffer Area requires the prior development approval of the local government.

g)        Amending clause 5.11 “Floodway Area and Other Flood Prone Land” by replacing it with the following:

 

5.11    FLOODWAY AREA

5.11.1    This clause applies to all land identified within a Floodway area on the Scheme map.

5.11.2    Development within the Floodway Area requires the prior development approval of the local government.

5.11.3    Notwithstanding any other provision of this Scheme, prior to granting development approval for the carrying out of any development on land that is shown on the Scheme map as being within, or partly within, a Floodway area, the local government is to carry out an assessment –

(a)    the effect of the proposed development on the efficiency and capacity of the floodway to carry and discharge floodwaters;

(b)    the safety of the proposed development during flood events; and

(c)    whether the proposed development involves any possible risk to life, human safety, or private property in time of flood.

5.11.4    For the purposes of clause 5.11.2, the local government shall consult with, and take into consideration, the advice of the responsible Government agency(s) in relation to the delineation of flood ways and flood prone land, the effect of the development on a floodway, and any other measures to offset the effects of flooding.

5.11.5    In clause 5.11 –

                “habitable building” means a building designed primarily for housing and/or overnight accommodation for persons.

 

2.         Amending Part 4 “General Development Requirements” by –

a)        Amending clause 4.38 “Special provisions relating to the Rural Residential zone” by inserting new sub-clause 4.38.8 as follows –

“4.38.8  No subdivision of Rural Residential zoned land shall occur until a Structure Plan, prepared in accordance with Part 4 of the Deemed Provisions and approved by the Western Australian Planning Commission, is in place for the applicable land.  Subdivision, which is inconsistent with an endorsed Structure Plan, will not be supported.”

b)        Amending clause 4.39 “Special provisions relating to the Rural Landscape zone” by inserting a new sub-clause 4.39.1 as follows, and renumbering subsequent clauses accordingly:

4.39.1    No subdivision of Rural Landscape zoned land shall occur until a Structure Plan, prepared in accordance with Part 4 of the Deemed Provisions and approved by the Western Australian Planning Commission, is in place for the applicable land.  Subdivision, which is inconsistent with an endorsed Structure Plan, will not be supported.

c)         Amending clause 4.37 “Special provisions relating to the Conservation zone” by inserting a new sub-clause 4.37.3 as follows, and renumbering subsequent clauses accordingly:

4.37.3    No subdivision of Conservation zoned land shall occur until a Structure Plan, prepared in accordance with Part 4 of the Deemed Provisions and approved by the Western Australian Planning Commission, is in place for the applicable land.  Subdivision, which is inconsistent with an endorsed Structure Plan, will not be supported.

d)        Amending clause 4.40 “Special provisions relating to the Bushland Protection zone” by inserting a new sub-clause 4.40.1 as follows, and renumbering subsequent clauses accordingly:

4.40.1    No subdivision of Bushland Protection zoned land shall occur until a Structure Plan, prepared in accordance with Part 4 of the Deemed Provisions and approved by the Western Australian Planning Commission, is in place for the applicable land.  Subdivision, which is inconsistent with an endorsed Structure Plan, will not be supported.

 

II.         Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), determine that Amendment No. 46 is a ‘standard amendment’ in accordance with r.34(b) of the Regulations as it is:

 

1.         an amendment relating to a zone or reserve that is consistent with the objectives identified in the Scheme for that zone or reserve;

2.         an amendment that is consistent with a local planning strategy for the Scheme that has been endorsed by the Commission; and

3.         an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the Scheme area.

 

III.       That, as the Amendment is in the opinion of the Council consistent with Part V of the Act and Regulations made pursuant to the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by the Act, and on receipt of a response from the EPA indicating that the draft Amendment is to not be subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.  In the event that the EPA determines that the draft Amendment is to be subject to formal environmental assessment, this assessment is to be prepared prior to advertising of the draft Amendment.

CARRIED 9/0

En Bloc

 


 

EXECUTIVE SUMMARY

The Council is requested to consider initiating two Scheme Amendments – Amendment No. 40 and Amendment No. 46 – to Local Planning Scheme No. 21 for the purpose of community consultation. 

 

The purpose of Amendment 40 is primarily to review the Zoning Table with the foremost goal to protect the primacy of the Regional Centre and Centre zones and reduce ‘retail leakage’ from the core CBD areas of the Busselton City Centre and the Dunsborough Town Centre. In order to achieve this, Amendment 40 proposes changes to land use permissibilities within the Zoning Table and the introduction of a limited number of land use provisions. 

 

Amendment 46 proposes to re-establish the ‘head of power’ for development applications in Special Control Areas and Structure Plans in the Rural Residential, Rural Landscape, Conservation and Bushland Protection zones.

 

It is recommended that Amendments 40 and 46 to the Scheme be initiated and adopted for the purposes of community consultation.

 

BACKGROUND

On 15 October 2014, the City of Busselton Local Planning Scheme No. 21 (the Scheme) was published in the Government Gazette. The Scheme, which incorporates the Scheme text and Scheme map, controls and guides development and growth within the City.

 

In October 2015, new Planning and Development (Local Planning Schemes) Regulations (the Regulations) came into effect. The Regulations affect arrangements for local planning schemes, strategies and amendments. In addition to a ‘model scheme text’ (the Model Provisions), the Regulations introduced a set of ‘deemed provisions’ that automatically form part of all local planning schemes.

 

The Deemed Provisions, located at Schedule 2 of the Regulations, includes administrative processes for:

·    planning policy;

·    heritage protection;

·    structure planning; and

·    development approval.

 

All provisions that were relevant or contradictory to the Deemed Provisions were removed from the City’s Scheme through Amendment No. 25, published in the Government Gazette on 23 March 2018.  Through this process a number of key triggers were inadvertently removed from the Scheme, such as the requirement for a structure plan to guide subdivision in the Rural Residential zone and the explicit requirement for a development approval in some Special Control Areas.  Although these matters can be overcome on a case-by-case basis, it is more efficient and unambiguous to have clear requirements contained within the Scheme. 

 

Whilst the Deemed Provisions have become a compulsory part of all Schemes throughout the State, it was initially required that these Schemes should also be generally consistent with the Model Provisions, where any variations to these could be considered, provided they were well justified.  The Western Australian Planning Commission (WAPC), in more recent times, has changed this view and now requires Schemes to be fully consistent with the Model Provisions, particularly in the case of land use definitions.

 


 

Following the approval of Scheme Amendment No. 29 (Omnibus 4), and somewhat related Amendment No. 21 in June 2019, a small number of unintended outcomes as a result of directions from the Minister has occurred.  Further, the WAPC has now endorsed the City of Busselton Local Planning Strategy (LPS), which contains several relevant objectives and strategies.  These actions have triggered a review of the Zoning Table contained within the Scheme by City Officers to investigate current land use permissibilities and associated provisions. 

 

Consideration was given to incorporating the proposed changes into the upcoming Scheme Review as both the City and the Department of Planning, Lands and Heritage (DPLH) are committed to the timely and effective preparation of, and smooth transition to, a new and replacement Local Planning Scheme.  However, despite all best intentions to keep the process as succinct at possible, it will be some time (in the order of 2+ years) before the next Scheme is likely to be gazetted and operational. 

 

As such, a number of key issues that have recently arisen are proposed to be brought forward as targeted Scheme Amendments. These are proposed as:

 

·    Amendment No. 40 – a review primarily of use class permissibilities within the Zoning Table to protect the primacy of the Regional Centre and Centre zones and avoid retail leakage from those zones, along with other necessary changes to permissibilities within the Scheme; and

 

·    Amendment No. 46 – re-introducing the requirement for structure plans in the Rural Residential, Rural Landscape, Conservation and Bushland Protection zones and development applications in specific Special Control Areas. 

OFFICER COMMENT

Proposed Scheme Amendment No. 40

Amendment No. 29, gazetted on 7 July 2019, sought to generally align the Scheme with the Model Provisions through alignment of the zones within the Scheme with the standard suite of zones set out in the Model Provisions, and to review and align the land-use definitions to be more consistent with the Model Provisions. Also included within Amendment 29 was the incorporation of a number of standard provisions into the Scheme for the Busselton City and Dunsborough Town Centres, to provide guidance to development within the proposed new ‘Regional Centre’ (Busselton) and ‘Centre’ (Dunsborough) zones.

 

Amendment No. 21 was considered by the WAPC and the Minister concurrently with Amendment 29 as it also proposed changes to a number of definitions, including ‘Shop’ and ‘Bulky Goods Showroom’, in association with properties on West Street and Chapman Hill Road.

 

A small number of unintended and undesirable outcomes from Amendment 29 as a result of direction from the Minister has resulted in the need for further consideration of land use permissibilities within the Zoning Table. These matters are particularly due to definition changes required to align with the Model Provisions contained within the Regulations.

 

The LPS also provides a number of recommendations relating to walkable and active main centres, and preventing unnecessary retail activity in the ‘Service Commercial’ and industrial zones.

 

The purpose of Amendment 40 is to address the ‘critical issues’ by closing the gaps in the Scheme’s Zoning Table, particularly looking at where land uses are currently permissible that should not be, causing pressure on the Busselton and Dunsborough CBDs via retail leakage in relation to uses within the ‘Service Commercial’ zone and in some cases, the ‘Light Industry’ zone. The Amendment will also consider quasi-industrial uses in rural areas, which can place unwelcome pressure on industry-zoned land and create ad-hoc commercial strips along major roads outside the urban centres.

 


 

Amendment 40 intends to deal with two primary issues:

 

1.    ‘Shop’ / ‘Bulky Goods Showroom’ definitions; and

2.    Land Use Permissibilities / Zoning Table.

 

These matters are discussed in detail below.

 

1.    ‘Shop’ / ‘Bulky Goods Showroom’ definitions

A review of all land use definitions was undertaken during the assessment process for Amendment No. 29.  City Officers were satisfied that the then-current definition of ‘Showroom’ (being the previous land use title for ‘Bulky Goods Showroom’) sufficiently met the purpose and intent of the Scheme and the desirable objectives of the applicable zones. 

 

The previous definition of ‘Showroom’ was as follows:

 

 ‘Showroom’ means any building or part of a building used or intended for use for the purpose of displaying or offering for sale by wholesale or retail, automotive spare parts, carpets, large electrical appliances, furniture, hardware or bulky goods but does not include the sale by retail of foodstuffs, liquor or beverages, items of clothing or apparel, magazines, newspapers, books or paper products, china, glassware or domestic hardware, or items of personal adornment.

 

A definition for ‘Bulky Goods Showroom’ which was compliant with the Regulations was introduced through Amendment 21 at the behest of the Minister, along with a revised definition of ‘Shop’, and these have altered the way in which these land uses would normally be considered. 

 

Previously, the definition for ‘Shop’ was very broad, and that for ‘Showroom’ was very specific. In effect, a use was considered to be a ‘Shop’ unless it was more specifically defined elsewhere in the Scheme.

 

This position has now been switched, with a very broad definition for ‘Bulky Goods Showroom’: 

 

‘Bulky Goods Showroom’ means premises –

 

(a)   used to sell by retail any of the goods and accessories of the following types that are principally used for domestic purposes — 

(i)     automotive parts and accessories; 

(ii)    camping, outdoor and recreation goods; 

(iii)   electric light fittings; 

(iv)   animal supplies including equestrian and pet goods; 

(v)    floor and window coverings; 

(vi)   furniture, bedding, furnishings, fabrics, manchester and homewares; 

(vii)  household appliances, electrical goods and home entertainment goods; 

(viii) party supplies; 

(ix)   office equipment and supplies; 

(x)    babies’ and childrens’ goods, including play equipment and accessories; 

(xi)   sporting, cycling, leisure, fitness goods and accessories; 

(xii)  swimming pools;

or 

(b)   used to sell by retail goods and accessories by retail if —

(i)     a large area is required for the handling, display or storage of the goods; or

(ii)    vehicular access is required to the premises for the purpose of collection of purchased goods.

 

Meanwhile, the definition for ‘Shop’ has been substantially narrowed:

 

‘Shop’ means premises other than a bulky goods showroom, a liquor store – large or a liquor store – small used to sell goods by retail, to hire goods, or to provide services of a personal nature, including hairdressing or beauty therapy services.

 

City Officers consider there to be multiple issues associated with the current definition of Bulky Goods Showroom:

 

·    Current wording provides for a broad definition, using ambiguous terms such as “recreation goods”, “home entertainment goods”, “office equipment and supplies”, “children’s goods” and “accessories”, and does not explicitly require goods to be of a necessarily bulky nature. 

 

·    The presence of the “or” instead of an “and” separates the definition into two parts creating, in the City’s opinion, confusion and uncertainty in interpretation.  The sale of goods found in part (a) are no longer required to be housed in a large area as required by part (b).  Conversely, a premises does not need to include any of the items listed in part (a) but may require a large area for display and sale; meaning a supermarket, or any other large shop, arguably fits this definition regardless of whether it sells bulky goods.

 

·    Due to the words ‘Shop’ means premises other than a bulky goods showroom… a retail use would first need to be determined as to whether it fits into the definition for ‘Bulky Goods Showroom’.  Some examples of businesses that would previously have been considered as constituting a ‘Shop’ but now could arguably be considered as a ‘Bulky Goods Showroom’ include:

a newsagent (under part (a)(ix), “office supplies”);

a children’s clothing store (under part (a)(x), “childrens’ goods”); and

sports clothing and shoe store (under part (a)(xi), “sporting, cycling, leisure, fitness goods and accessories”).

 

·    The land use permissibility for Bulky Goods Showroom was not modified through Amendment 21 and so was retained as a ‘P’ use (permitted) in the ‘Service Commercial’ zone and a ‘D’ use (discretionary) within the ‘Light Industry’ zone.  This provides a gateway for inappropriate retail within the ‘Service Commercial’ and ‘Light Industry’ zones.  The City has been experiencing mounting pressure to allow a broader range of uses within the ‘Service Commercial’ zone, namely the precinct near Aldi and Kmart and the nearby commercial strip along Bussell Highway.

 

The LPS places great emphasis on preventing retail activity, including bulky goods retail, from being located in industrial and service commercial areas.  The alternative, and what has been experienced already to some degree, is the relocation of retail businesses out of the CBD, and new businesses outcompeting existing businesses in the CBD.  This has the detrimental potential to create vacant shop spaces in the main centres.

 

The local and regional tourism industry is of great importance to Busselton and to the State.  Many visitors to this region stay in Busselton, establishing the town as a base for exploring the wider region and surrounding attractions, making the City of Busselton an important tourism destination for regional, interstate and international visitors. 


 

Tourists do not visit the area to drive around a car-dominated service commercial area. Vibrant, walkable, authentic town centre / main street environments, though, are an important part of the visitor experience – as well as local community identity and cohesion. Furthermore, the tourism industry is a significant source of employment within both Busselton and the South West region. The complexities mentioned previously are considered likely to have a very real impact on the tourism experience by potentially depleting the activity and vibrancy of our main centres.

 

In relation to the ‘Bulky Goods Showroom’ land use, Amendment 40 proposes a three-pronged approach to correcting the anomalies currently present within the Scheme:

 

1.    Amend the permissibilities for such land uses from ‘P’ to ‘D’ in the ‘Service Commercial’, ‘Regional Centre’ and ‘Centre’ zones, thereby requiring a Development Approval process.

 

2.    Amend clause 3.5 “Exceptions to the Zoning Table” by deleting sub-clauses 3.5.4(d) and (e) and replacing them with a new sub-clause inserted into clause 3.5.3 specifying that the sale of the following goods or products will be deemed an ‘X’ use in the ‘Service Commercial’, ‘Light Industry’ or ‘General Industry’ zones:

 

(i)        foodstuffs, liquor or beverages;

(ii)       items of clothing or apparel;

(iii)      magazines, newspapers, books or paper products;

(iv)      medicinal or pharmaceutical products;

(v)       china, glassware or domestic hardware other than building supplies; or

(vi)      items of personal adornment;

 

unless such goods are manufactured on the lot.

 

3.    Amend the definition for ‘Bulky Goods Showroom’ to change the “or” between parts (a) and (b) to “and”, thereby creating a critical link between the two parts of the definition to avoid the issues mentioned above.

 

With regard to point 2 above, the existing sub-clauses currently contained within clause 3.5.4 are inconsistent with the general direction and strategies as set out in the LPS.  Sub-clause 3.5.4(d), reproduced below, is proposed to be deleted, as it is problematic and often unworkable in terms of the development assessment process due to its non-specific nature and difficulty in quantifying the impact of such a use on either the “nearby business centre” or the “industrial nature of the zone”. 

 

The existing clause states:

 

3.5.4      Notwithstanding the provisions of clause 3.3 and Table 1, the following development shall be deemed a “D” use -

...

(d)       development for the purposes of commercial premises for the retailing of bulky goods in the Light Industry or General Industry zones, subject to the local government being satisfied that -

(i)    suitable land for the development is not available in any nearby business centre;

(ii)   the development would not, by reason of the number of retail outlets which exist or are proposed on land within the Light Industry or General Industry zone, defeat the predominantly industrial nature of the zone; and

(iii)  the proposed development will not detrimentally affect the viability of any business centre;

 

In order to resolve the concern that the Bulky Goods Showroom definition could draw critical retail away from the CBDs, and also so as not to conflict with the ‘Trade Supplies’ definition, sub-clause 3.5.4(e) (shown below) is proposed to be modified and moved into clause 3.5.3, which specifies uses that shall be deemed an ‘X’ use.

 

The existing clause states:

 

3.5.4      Notwithstanding the provisions of clause 3.3 and Table 1, the following development shall be deemed a “D” use -

...

(e)       excluding reference to a convenience store or lunch bar, the sale of goods or products by retail or wholesale to the public from land in the Light Industry or General Industry zone, provided that -

 

(i)    the goods or produce are manufactured or stored in bulk on the lot;

 

(ii)   not more than 50% of the gross floor area of building on the lot is used for the sale of such goods or produce; and

 

(iii)  the goods or produce sold are not -

 

(I)   foodstuffs, liquor or beverages;

 

(II)  items of clothing or apparel;

 

(III) magazines, newspapers, books or paper products;

 

(IV) medicinal or pharmaceutical products;

 

(V) china, glassware or domestic hardware other than building supplies; or

 

(VI) items of personal adornment;

 

unless such goods are manufactured on the lot;

 

The proposed modification to the clause seeks to ensure the sale of these undesirable goods (listed from ‘I’ to ‘VI’ above) will be excluded from the specific zones (‘Light Industry’ and ‘General Industry’).  Sub-clauses (i) and (ii) are not proposed to be replicated as they could potentially cause conflict with the definition of ‘Trade Supplies’, which provides a reasonably specific definition for development that is acceptable to be located in the specified zones.  Given that ‘Convenience Store’ is proposed to become an ‘X’ use in the ‘Service Commercial’ and industrial zones, it should therefore be removed from the clause.  ‘Service Station’ remains as a ‘D’ use in these zones and so should be included with ‘Lunch Bar’.

 

The proposed modification, if supported by the Council, would read as follows:

 

3.5.3      Notwithstanding the provisions of clause 3.3 and Table 1, the following development shall be deemed an “X” use –

...

(e)       other than with respect to a Lunch Bar or Service Station, the sale of the following goods or products by retail or wholesale to the public from land in the Service Commercial, Light Industry or General Industry zone:

 

(i)    foodstuffs, liquor or beverages;

 

(ii)   items of clothing or apparel;

 

(iii)  magazines, newspapers, books or paper products;

 

(iv) medicinal or pharmaceutical products;

 

(v)  china, glassware or domestic hardware other than building supplies; or

 

(vi) items of personal adornment;

 

unless such goods are manufactured on the lot;

 

This combination of modifying permissibilities, a slight modification to the definition, and varying the relevant provisions within Part 3 of the Scheme, as discussed above, would satisfactorily resolve the main concerns held by the City in relation to unnecessary retail leakage from the main centres.  These proposals can be found within the Officer Recommendation at Part A, sections I.1, I.2 and I.3.

 

2.    Land Use Permissibilities / Zoning Table

The Zoning Table was reviewed by City Officers with a focus on aligning the land use permissibilities with the objectives for the zones and the strategic directions of the LPS, such as maintaining the primacy and activity of the CBDs.  Some land use definitions were changed in order to be consistent with the Regulations as a directive from the Minister (for example, ‘Bulky Goods Showroom’, as described in the previous section), and are considered to carry potential risks to the primacy of the City and Town Centre without a timely review of the Zoning Table. 

 

This review focussed on what was considered to be the most critical issues, such as modifications that should be introduced as soon as possible, rather than to wait for the full Scheme Review.

 

With the above matters in mind, the critical issues are considered to be:

 

·    Consolidation of activity within the Busselton City and Dunsborough Town Centres, as well as avoiding retail leakage from the Centres, particularly into the ‘Service Commercial’ zone and, to a smaller extent, into the ‘Light Industry’ zone;

·    Permissible uses where a development application should instead be required and assessed; and

·    Quasi-industrial land uses in rural areas, causing leakage from the Industrial zones.

 

A table identifying a full list of the proposed changes for each land use, with justification provided, is shown at Attachment A, with the recommendations provided at Part A, sections I.4, I.5 and I.6 of the Officer Recommendation.

 

In relation to the symbols used within the Zoning Table:

 

·    ‘P’ is a permitted use provided the use complies with the relevant development standards;

·    ‘D’ means the use is permitted if the local government has exercised its discretion by granting planning approval;

·    ‘A’ means the use is permitted if the local government has exercised its discretion by granting planning approval following public consultation; and

·    ‘X’ means the use is not permitted within that zone.

 

Discussion on some of the key changes are provided in greater detail below.

 

Aged Persons Home

‘Aged Persons Home’ is recommended to become an ‘X’ use (from an ‘A’ use) in the ‘Rural’ zone given the generally poorer levels of accessibility to services, infrastructure (e.g. dual use paths) and public transport, thus increasing reliance on vehicles.  Often the residents of this land use have an increased reliance on such services and facilities and yet may have less of an ability to drive themselves.  The proposal aims to factor in the appropriate location of this use within reach of the associated services and facilities.

 

Breweries and Wineries in the Industrial zones

The ideal location for a ‘Brewery’ and a ‘Winery’ is generally within the ‘Light Industry’ and ‘General Industry’ zones, provided they are predominately for the production, storage and distribution of the manufactured product.  This is because these zones are located in areas, usually, with the ability to connect into services and dispose of wastewater in an appropriate manner, and where there are separation distances to sensitive land uses. 

 

In more recent times, an increase in the production of craft beer and the construction of cellar door facilities has heightened the popularity of tasting facilities as tourist destinations and places of social interaction, resulting in a split of two predominant practices for both land uses – (1) production and (2) tourism/tastings/sales.

 

The latter has a tendency to place pressure on the scale of the development as business owners seek to cater for a growing number of customers by increasing floor areas, and often also seeking to provide commercial kitchens for the preparation and delivery of meals in association with these tastings. 

 

The popularity of these businesses is great for the economic vitality of the region, providing attractive venues for both tourists and locals alike.  However, conflict can arise where these are not appropriately located.  Increasing pressure for the provision of meals with no restrictions to tasting sizes results in the perception of these facilities as a ‘Tavern’ and/or a ‘Restaurant/Café’, both of which are not appropriate to be located within the ‘Service Commercial’, ‘Light Industry’ and ‘General Industry’ zones.

 

Commercial activity should, of course, be focussed within the City and Town Centres where walkability and an ability to activate the Centres beyond business hours contributes to their success.  Other tourist-related uses also tend to be located within the ‘Rural’ and ‘Viticulture and Tourism’ zones.

 

‘Restaurant/Café’, ‘Tavern’ and ‘Reception Centre’ are not uses that are typically contemplated as being the core purpose of the ‘Service Commercial’ and Industrial zones, the Scheme objective for which is given as providing for “industrial, service and storage activities”.  Industrial-zoned land is at a premium within the City and should be preserved primarily for that important purpose, whilst the introduction of more sensitive, amenity-based uses such as a ‘Tavern’ has the potential to compromise, or restrict, surrounding industrial land uses, contrary to the core purpose and intention of the zone. 

 


 

The definition of ‘Brewery’ within the Scheme is for premises the subject of a Producer’s Licence under the Liquor Control Act 1988 and can include beer, cider and spirits.  Beer must have been brewed on the premises and generally the licence authorises the sale/supply of take-away liquor for consumption off the premises.  The Liquor Control Act allows for tastings, subject to the provision of toilet facilities, and the licensee is authorised to sell/supply liquor, other than that liquor produced by the licensee, if the liquor is consumed ancillary to a meal in a dedicated dining area in the same premises (delivered at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating a meal). 

 

A Producer's Licence generally restricts the vessel size in which alcohol can be served, although the Department of Racing, Gaming and Liquor (DRGL) has been known to allow an increase in tasting sizes if supported by the local government.

 

In these instances, tastings should be incidental to the production of the beer or wine (etc.) and therefore the hours of operation (for tasting and sales) should be defined to ensure this occurs.  Concern that the use could be developed into a ‘pseudo-restaurant’, tavern or reception centre, where none of these uses are either currently permissible within the ‘Service Commercial’, ‘Light Industry’ and ‘General Industry’ zones, or are proposed to be made not-permissible through this Amendment 40, and has led to that use being deemed inappropriate and contrary to the objectives of those zones. 

 

To ensure the Brewery or Winery facility operates in accordance with its stated intent and predominant use (being production), a number of restrictions are also proposed to be included within the relevant provision to ensure the use of the said facilities meet the objectives of the zones.  These restrictions are proposed to include:

 

·    The size of the tastings – the measurements prescribed by the Liquor Control Regulations 1988 for ‘sample quantities’ has been assumed, being 50ml for wine, 100ml for beer/cider, and 15ml for spirits.

·    No consumption or service of food – the provision of a meal quickly overtakes the original intention of the tastings being incidental only to the production of the liquor.  It is not the intention of a Producers Licence to facilitate a ‘pseudo-restaurant’, this in-house dining facility being considered inappropriate in the subject zones.

·    The number of patrons – it is recommended that maximum patronage is limited to 30 people at any one time, being the equivalent of one coaster bus, plus one or two groups of “walk-ins”.

·    Hours of operation – to ensure the tasting facility operates as intended and not as a makeshift tavern, with a restriction on customers visiting the site for the purpose of tasting and/or sales limited to between the hours of 12.00pm and 5.00pm Monday to Sunday, including public holidays.

 

Modifications to the Zoning Table have been considered with the expectation that the proposed provision will be implemented into the Scheme, thereby enabling the production facilities to be appropriately located.  The permissibilities for the ‘Brewery’ and ‘Winery’ land uses are being brought into line with each other given the similarity of the main issues.  In summary, the changes proposed in relation to these uses are as follows:

 

Zone/Use Class

Res

Reg

Ctr

Ctr

Loc

Ctr

Serv Com

Tour

L/

Ind

G/

Ind

Rural

Vit/

Tour

Rural

Res

Rural Lsp

Cons

Bush

Prtn

Brewery

X

A

A

A

A X

A

D

D

A

A

X

X

X

X

Winery

X

D A

D A

D A

D X

A

P D

X D

D

D

X

A X

X

X

 


 

Both ‘Brewery’ and ‘Winery’ land uses are proposed to become prohibited within the ‘Service Commercial’ zone, given the recommended buffer distances identified by the Environmental Protection Authority in the ‘Separation Distances between Industrial and Sensitive Land Uses’ guidelines of 200 – 500 metres.  This is due to the potential impacts caused particularly by odour, and also gases, noise and dust.  This buffer distance would effectively rule out any ‘Service Commercial’ zoned site given the relatively small areas of land covered by this zone and their generally close proximity to residential areas.

 

The tourism component of these uses would be more appropriately located within the ‘Centre’ zones, with the proposal being to bring the permissibilities for the ‘Winery’ land use into line with ‘Brewery’. 

 

The proposed modification to ‘Winery’ permissibilities in the industrial zones, and the retention of the ‘D’ use for ‘Brewery’ within these zones, is based on the appropriate provision for the restriction of tastings and food service (etc.) being inserted into the Scheme.

 

Finally, ‘Winery’ is proposed to become an ‘X’ use within ‘Rural Landscape’ zone, along with ‘Brewery’, due to the sensitive nature of such locations.

 

These proposals specific to Breweries and Wineries are listed at Part A, section I.4e), I.4ff) and I.5 of the Officer Recommendation.

 

Car Park

A ‘Car Park’ is currently a ‘D’ use within the ‘Regional Centre’ and ‘Centre’ zones.  The ideal locations for this land use are on the outer edges of the Centres, while encouraging within the core, pedestrian focused development that contributes to a vibrant City and Town Centre, aligning with the strategies of the LPS, while also providing more development options within the sites themselves.  This is the case particularly within Dunsborough (‘Centre’ zone) where there is less available land. The Additional Use ‘A74’ was created through Amendment No. 1 (gazetted 4 August 2017), which allows for a small number of low impact commercial uses within a limited area of ‘Residential’ zoned land adjoining the Busselton City and Dunsborough Town Centre.  The uses already included within ‘A74’ are ‘Office’, ‘Guesthouse’, ‘Medical Centre’, ‘Consulting Rooms’, ‘Restaurant/Café’, ‘Shop’ and ‘Tourist Accommodation’, all as discretionary uses.  This Amendment proposes to include ‘Car Park’ into this list of uses, thereby requiring the consideration of a development application, to ensure consideration for appropriate design and amenity impacts on the surrounding properties.

 

Hospital

A ‘Hospital’ is considered to be a ‘vulnerable’ land use under the bushfire planning framework and, given that the small number of ‘Rural Landscape’ zoned lots are all located within ‘Bushfire Prone Areas’ and therefore unlikely to comply with the bushfire safety requirements, this is not considered to be an appropriate land use within this zone.

 

Market

The definition of ‘Market’, being a “premises used for the display and sale of goods from stalls by independent vendors”, has been particularly problematic in recent times, with difficulty in distinguishing the end result from a ‘Shop’.  Being essentially a retail use, ‘Market’ is proposed to be removed from zones such as the ‘Service Commercial’ zone, and industrial and rural zones, which would not normally allow for retail uses in any event.  

 

Medical Centre

‘Medical Centre’ is proposed to change from a ‘D’ use to an ‘X’ use within the ‘Light Industry’ and ‘General Industry’ zones as this land use is not consistent with the zone’s objectives. This land use would be better located within or close to main centres, where better access to complementary uses (e.g. pharmacies) and public transport is available.

 

Service Station

The ‘Service Station’ land use is a typical contributor to ‘ribbon development’ along major travel routes and is generally contrary to the recommendations of the LPS and the provisions of the Scheme when located in rural areas.  Should a ‘Service Station’ be deemed necessary in a strategic location, a targeted Scheme Amendment could be undertaken to enable a merits-based assessment for that land use on that particular site. City Officers would be prepared to consider submissions made on specific sites during the public consultation period for this Amendment, if appropriate, in which case the proposal for an ‘Additional Use’ (‘Service Station’) may be supported. 

 

Miscellaneous

Other miscellaneous proposed changes worth highlighting are:

 

·      A number of land uses typically have a social element and therefore should be focused within the main centres in order to encourage pedestrian visitation, associated spend and an active contribution to the overall viability and vitality of the CBDs.  These uses are proposed to be removed from the ‘Service Commercial’ zone and, where relevant, industrial zones, as they are contrary to the aims and objectives of these zones and the recommendations of the LPS. 

 

These uses include: 

 

·   ‘Amusement Parlour’;

·   ‘Cinema/Theatre’;

·   ‘Exhibition Centre’;

·   ‘Hotel’;

·   ‘Reception Centre’;

·   ‘Restaurant/Café’;

·   ‘Small Bar’; and

·   ‘Tavern’.

 

·      Review of a number of land uses to ensure that appropriate levels of permissibility are in place, especially where their location may have the potential to cause nuisance to nearby residential dwellings and workplaces.  These uses may typically be located within the ‘Service Commercial’ zone and/or industrial zones and, while there is no suggestion that the following uses should not be located within these zones, the proximity to existing dwellings must be taken into reasonable account. After all, the ‘Service Commercial’ zone and, in some limited cases, the ‘Light Industry’ zone can be located within close proximity to ‘Residential’ areas.  Such uses include:

 

·   ‘Garden Centre’;

·   ‘Motor Vehicle, Boat or Caravan Sales’;

·   ‘Motor Vehicle Repair’; and

·   ‘Veterinary Centre’. 

 

Proposed Scheme Amendment No. 46

As mentioned earlier, the proposed changes within Amendment 46 are associated with anomalies that arose through Amendment 25, which removed a number of clauses from the Scheme that duplicated, or were in conflict with, the Deemed Provisions. As part of this process, two matters were inadvertently removed that need now to be re-instated. 

 


 

Amendment 46 will therefore focus on correcting the two matters concerned, namely:

 

1.    The requirement for development approval within Special Control Areas; and

2.    A trigger for a Structure Plan to be required prior to any application for subdivision over properties within the Rural Residential, Rural Landscape, Conservation and Bushland Protection zones.

 

These matters are discussed in detail below.

 

1.    Development Approval within Special Control Areas

Through the introduction of the Deemed Provisions of the Regulations and subsequent modification to the Scheme, the trigger to require development approval where such development is proposed in Special Control Areas has been removed. This particularly affects the Coastal Management Area, Landscape Value Area and Special Character Areas. Whilst the Scheme provides guidance for the consideration of a development application, the specific requirement for a development application should be clearly stated. 

 

Amendment 46 will therefore propose to include provisions for the following Special Control Areas into Part 5 of the Scheme, specifically stating that any development within the following Special Control Areas will require the prior development approval of the City:

 

·    Landscape Value Area;

·    Wetland Area;

·    Coastal Management Area;

·    Special Character Areas;

·    Airport Protection Area;

·    Waste Water Exclusion Area and Waste Water Buffer Area; and

·    Floodway Area.

 

The Deemed Provisions allow for exemptions to this requirement for works (clause 61(1)(i)) or use of land (clause 61(2)(e)) through a local planning policy (LPP) or local development plan.  That LPP has recently been adopted by the Council for public advertising.

 

The changes related to Special Control Areas can be found at Part B, section I.1 of the Officer Recommendation.  Whilst the recommendation is for the inclusion of a new clause for the majority of these Special Control Areas, the Wetland Area and Floodway Area provisions required further consideration.  This is discussed below.

 

Wetland Area

The existing clause 5.5.1 identifies that if development is proposed on land identified as being within the Wetland Area, any such development should be located, wherever possible, on land outside of the Special Control Area.  This clause is provided below:

 

5.5.1      If land the subject of an application for development approval includes land to which this clause applies the development shall, wherever possible, be carried out on that part of the land which is not land identified in a Wetland Area.

 

This overly-complicated clause is misleading and does little to clarify the requirement for development approval or guide the assessment of an application.  This clause is proposed to be simplified by replacing it with the following:

 

5.5.1      Development within the Wetland Area requires the prior development approval of the local government.

 

In the event that a proposal would be considered within a Wetland Area, alternative preferred locations that might be outside this Area would always be encouraged, but balanced with other factors that apply to the land, such as setbacks, amenity and bushfire risk.

 

Flood Prone Land

To provide further clarity on when a development approval would be necessary, further simplification of clause 5.11 “Floodway Area and other flood prone land” is recommended.  The clause refers to ‘flood prone land’ as identified “on a map prepared or adopted by the local government” (clause 5.11.1(b)), as separate from the ‘Floodway’ Special Control Area that is designated on the Scheme Map.

 

The City has never adopted such a map separately and generally does not make determinations that land is otherwise flood prone.  Flood modelling will be reviewed with the final determination being identified on the Scheme map through the upcoming Scheme Review.  Reference to ‘other flood prone land’ is therefore recommended to be removed from clause 5.11 to give better certainty to members of the public, City Officers and other agencies in the expectations of the Scheme.  This can be found at Part B, section I.1(g) of the Officer Recommendation (also incorporating the recommended reference to the requirement for a Development Application in the Floodway Area).

 

2.    Structure Plans in the Rural Residential, Rural Landscape, Conservation and Bushland Protection zones

The Deemed Provisions at clause 15 of Part 4 of the Regulations states when a Structure Plan may be prepared.  This includes:

 

·    if the land is zoned as an area suitable for urban or industrial development (cl. 15(a)(i));

·    otherwise identified as requiring a Structure Plan, by either the Scheme (cl. 15(a)(ii)) or a State Planning Policy (cl. 15(b)); or

·    is considered by the WAPC as requiring a Structure Plan in the interests of orderly and proper planning (cl. 15(c)).

 

Currently there is no explicit ‘head of power’, in the Scheme or the Regulations, for the requirement of a Structure Plan to guide subdivision within the Rural Residential, Rural Landscape, Conservation and Bushland Protection zones. 

 

Rural Residential zone

Within Rural Residential zoned land the removal of the explicit requirement for a Structure Plan to guide subdivision is due to an oversight as part of Amendment No. 25 (incorporating the Deemed Provisions into the Scheme), when that empowerment clause was inadvertently removed. 

 

When an enquiry was recently received over specific ‘Rural Residential’ zoned land, the DPLH was requested by City Officers to advise if it might be willing to support the requirement of a Structure Plan over these lots pursuant to clause 15(c) of the Deemed Provisions.  This is a time consuming and unsatisfactory situation to undertake every time a proposal comes forward on Rural Residential land, and the DPLH (on behalf of the WAPC) certainly cannot be expected to entertain such requests for ‘every proposal’; although, to date, the WAPC has been very accommodating.

 

The City has been asked by the DPLH to re-introduce the appropriate clause into the Scheme at the very earliest opportunity.  This is proposed to be achieved through Amendment 46 by inserting a new sub-clause within clause 4.38 “Special provisions relating to the Rural Residential Zone”.

 


 

Rural Landscape, Conservation and Bushland Protection zones

These zones originated in District Town Planning Scheme No. 20, gazetted in 1999.  In the past, it was common for the rezoning of a property to one of these zones to be accompanied by a Structure Plan (most often called a ‘Development Guide Plan’ or ‘Subdivision Guide Plan’, prior to the current Regulations).  

 

Whilst the majority of properties within these zones have a Structure Plan in place, the Deemed Provisions, at Schedule 2 of the Regulations, provide an effective ‘end date’ to Structure Plans, being 10 years from the date of approval.  For Structure Plans that pre-date the Regulations the duration for approval is to be 10 years from the ‘commencement day’ of the Regulations, being 19 October 2015.  This would mean that the approval for a number of Structure Plans associated with these zones will lapse on 19 October 2025.

 

There has always been an expectation that a Structure Plan be submitted and approved prior to subdivision of lots within these zones, but, as with the Rural Residential zone, there is currently no clear requirement in the Scheme for this to occur.  Given that many Structure Plans are due to expire in October 2025, it is considered critical that this requirement is in place.  Therefore Amendment No. 46 proposes to introduce this requirement, provided at Part B, section I.2 of the Officer Recommendation (including the recommendation for the Rural Residential zone).

Statutory Environment

The Officer Recommendation supports the general function of a local government under the Local Government Act 1995, to provide for the good governance of persons in its district.

 

The key elements of the statutory environment in relation to the draft Amendments are set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. These Scheme Amendments have been prepared having regard to the Act, the Regulations, and the Model Provisions and Deemed Provisions contained within the latter.

 

The Planning and Development (Local Planning Schemes) Regulations 2015 identifies three different levels of amendments – ‘basic’, ‘standard’ and ‘complex’.  The resolution of the local government is requested to specify the level of the amendment and provide a brief explanation justifying this specification.

 

Both Amendment 40 and Amendment 46 are considered to be ‘standard’ amendments, given they are consistent with the identified zone objectives provided for within the Scheme, consistent with the endorsed Local Planning Strategy and will not result in any significant environmental, social, economic or governance impacts on land in the Scheme area.

Relevant Plans and Policies

The key policy implications with respect to the Amendment proposals are set out below, and discussed under appropriate sub-headings:

 

·    State Planning Policy 4.2: Activity Centres for Perth and Peel;

·    City of Busselton Local Planning Strategy; and

·    City of Busselton Local Commercial Planning Strategy.

 


 

State Planning Policy 4.2: Activity Centres for Perth and Peel (SPP 4.2)

The main purpose of SPP 4.2 is to specify broad planning requirements for the planning and development of new activity centres, and the redevelopment and renewal of existing centres in Perth and Peel.  It is mainly concerned with the distribution, function, broad land use and urban design criteria of Activity Centres, and with coordinating their respective land use and infrastructure planning.  Whilst it primarily contends with the Perth and Peel region, it can also be used as a guide regional centres.

 

Other purposes of the policy include the distribution of Activity Centres and ensuring the primacy of CBDs by avoiding the ‘dilution’ of centres through ‘retail leakage’ et al.

 

SPP 4.2 also provides direction for the provision of bulky goods retail, which is defined as (emphasis added):

 

Large premises used to display, sell by wholesale or retail, or hire:

·   automotive parts and accessories;

·   home entertainment goods;

·   camping and recreation equipment;

·   household appliances;

·   electrical light fittings;

·   office equipment supplies;

·   animal and pet supplies;

·   party supplies;

·   floor coverings;

·   swimming pools and supplies;

·   furnishings, bedding and manchester;

·   hardware;

·   furniture;

·   garden supplies;

·   goods of a bulky nature that require a large area for handling, display or storage; or direct vehicle access to the site of the premises by the public for the purpose of loading goods into a vehicle after purchase or hire.

 

In relation to bulky goods, for example, clause 5.6.1(2) states: 

 

Bulky goods are displayed and sold from retail showrooms that typically comprise extensive display and storage areas with direct vehicle access and car parking. Bulky goods retailing does not include the sale of food, clothing or personal effects goods.

 

Local Planning Strategy (LPS)

The LPS sets the long-term strategic planning direction for the whole of the District of the City of Busselton and provides the strategic rationale for decisions related to the progressive review and amendment of the Scheme.  The LPS was adopted for final approval by the Council in September 2016 and was endorsed by the WAPC on 10 December 2019, subject to certain agreed modifications prior to endorsement by the DPLH.  The DPLH formally endorsed the LPS on 13 March 2020.

 


 

‘Theme 1’ of the LPS, ‘Settlement and community’, identifies the following relevant objectives and strategies:

 

·    Objective (a) – “The continued growth as the principal settlement in the District of the Busselton-Vasse Urban Area as a regional centre and the Dunsborough Urban Area as a major town through: the redevelopment and consolidation of the existing urban areas; and through the identification of suitable areas for planned, progressive expansion of those settlements.”

 

·    Objective (c) – “The creation of compact, liveable and sustainable settlements that provide their residents with housing and lifestyle choice and affordability, a high quality of life, health and wellbeing and convenient access to high quality employment and services.”

 

·    Strategy (h) – “Generally, but especially in urban growth areas, plan for housing choice, diversity, health, wellbeing and ageing in place, with a mix of housing types and lot sizes, with higher densities in proximity to activity centres and open space areas, and with identification of land for aged and dependent persons’ housing and care facilities in proximity to activity centres in all medium-term urban growth areas.”

 

·    Strategy (m) – “Identify locations for the following particular significant community facilities –

•    Aged care facilities”

 

·    Strategy (r) – “Do not support the following –

i.    Unplanned new settlements or urban growth areas, including through creation of new settlements not identified in the established settlement framework or new urban growth areas not identified in the urban growth area framework;

iii.  Planning proposals that would significantly compromise the capacity of urban growth areas to accommodate planned growth;”

 

‘Theme 2’ of the LPS, ‘Activity centres and economy’, identifies the following relevant objectives and strategies:

 

·    Objective (d) – “The continued growth of the Busselton City Centre and Dunsborough Town Centre as the main centres of the economic, social and cultural life of the District”…

 

·    Strategy (c) – “…activity centres shall… be developed along predominantly ‘main-street’ lines, with activated public streets and high levels of pedestrian amenity…

 

·    Strategy (j) – “Support and pro-actively plan for industrial/service commercial area development… via… Preventing retail activity which can be located in activity centres from being located in industrial/service commercial areas…”

 

·    Strategy (p) – “Do not support:

i)       unplanned new, or expansion of, existing activity centres not identified in the established activity centre framework;

ii)      ...

iii)     significant shop retail or office uses locating outside activity centres;

iv)     retail activity, including bulky goods retail, outside activity centres unless there is a clear and compelling argument to do so...”

 


 

Table 4 ‘Industrial/Service Commercial Area Framework’ identifies the prevention of establishing retail activity that should be located in activity centres as a key issue within the following areas:

·    Strelly Street/Busselton Light Industrial Area;

·    Bussell Highway Service Commercial;

·    Chapman Hill Road Service Commercial; and

·    Vasse Light Industrial, Services Commercial.

 

Local Commercial Planning Strategy (LCPS)

The Local Commercial Planning Strategy (LCPS), adopted by Council on 10 November 2010, provides the long term strategic land use planning and strategic direction for the development of commercial land within the District.

 

The LCPS considered and made recommendations on a number of matters relevant to proposed Amendment 40:

 

9)         Further service commercial development along major roads, including the Busselton Bypass, Bussell Highway and Causeway Road, other than that accommodated by existing zonings and/or specifically supported by the Strategy is not supported.

11)      Control retail intrusion into the industrial areas of the shire, particularly Strelly Street.

38)      Council should consider the need for an Amendment to the TPS to restrict retail uses in the industrial zone to only that which is necessary as an ancillary component to the main industrial activity.

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

There is no requirement under the Planning and Development Act 2005 to advertise a proposed Scheme amendment prior to it being initiated by the Council.  Accordingly, no advertising has occurred to date. However, the recommendations outlined in this report reflect outcomes of earlier consultation with the Department of Planning, Lands and Heritage in relation to development proposals, as well as public consultation in association with the development of the City’s Community Strategic Plan and Local Planning Strategy.

 

If the Council resolves to initiate the proposed Amendments (No. 40 and No. 46), the related documentation will be referred to the Environmental Protection Authority (EPA) to consider the need for formal review under Part 4 of the Environmental Protection Act 1986.  If the EPA determines that formal review is unnecessary, it will be advertised for a period of 42 days in accordance with the Regulations and include referral to relevant state government agencies.  In the event that the EPA determines that the proposal is to be formally reviewed, the City shall cause such review to be undertaken in accordance with s82 of the Planning and Development Act 2005.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No such risks have been identified.


 

Options

As an alternative to the proposed recommendation the Council could:

1.    Resolve to decline to initiate the proposed Amendments in their entirety and provide a reason for such a decision.

2.    Resolve to initiate the proposed Amendments subject to certain modification(s), to be explained.

3.    Resolve to initiate either proposed Amendment 40 or proposed Amendment 46, with or without certain modifications, to be explained.

CONCLUSION

The information contained within this report confirms that the Amendments proposed are an appropriate outcome consistent with the orderly and proper planning of the City of Busselton and, as such, it is recommended that both Amendments be initiated for public consultation.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

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


Council

124

27 May 2020

13.2

Attachment a

Proposed Modifications to the Zoning Table

 


 


 


 


 


 


 


 


Council                                                                                      133                                                                    27 May 2020

15.             Community and Commercial Services Report

15.1           PARTICIPATION IN THE NATIONAL REDRESS SCHEME

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

National Redress Scheme

BUSINESS UNIT

Community and Commercial Services

REPORTING OFFICER

Director, Community and Commercial Services - Naomi Searle

Director Finance and Corporate Services - Tony Nottle

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   National Redress Scheme - DLGSC final paper  

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2005/143              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

That Council:

1.         Notes the consultation undertaken and information provided by the Department of Local Government, Sport and Cultural Industries in regarding the National Redress Scheme and the participation of Western Australian (WA) local governments;

2.         Notes that the City of Busselton will not be included in the State Government’s amended participation declaration (and afforded the associated financial and administrative coverage) unless the Council makes a specific and formal decision to be included;

3.         Endorses the participation of the City of Busselton in the National Redress Scheme as a State Government institution and included as part of the State Government’s declaration;

4.         Delegates the Chief Executive Officer to execute a service agreement with the State Government, if a Redress application is received;

5.         Notes that a confidential report will be provided if a Redress application is received by the City of Busselton.

CARRIED 9/0

En Bloc

 


 

EXECUTIVE SUMMARY

This report provides Council with background information and the State Government’s decision in relation to the National Redress Scheme (the Scheme). Further, it outlines the key considerations and administrative arrangements for local government participation in the Scheme and requests Council to endorse the City’s participation in the Scheme and delegate authority for the Chief Executive Officer to enter into a service agreement with the State Government should a Redress application be received.

 

BACKGROUND

The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) was established in 2013 to investigate failures of public and private institutions to protect children from sexual abuse.  The Royal Commission released three reports throughout the inquiry:

·    Working with Children Checks (August 2015);

·    Redress and Civil Litigation (September 2015); and

·    Criminal Justice (August 2017). 

The Royal Commission’s Final Report (15 December 2017) incorporated findings and recommendations of the three (3) previous reports and contained a total of 409 recommendations, of which 310 are applicable to the WA State Government and the broader community.

The implications of the Royal Commission’s recommendations are twofold; the first is accountability for historical breaches in the duty of care that occurred before 1 July 2018 within any institution; the second is future-facing, ensuring better child-safe approaches are implemented holistically moving forward.

The scope of this report addresses only the historical element of institutional child sexual abuse through the National Redress Scheme. 

All levels of Australian society (including the local government sector and the City of Busselton) will be required in the future to consider leading practice approaches to safeguarding children.

National Redress Scheme

The Royal Commission’s Redress and Civil Litigation (September 2015) report recommended the establishment of a single National Redress Scheme to recognise the harm suffered by survivors of institutional child sexual abuse.

The Scheme acknowledges that children were sexually abused, recognises the suffering endured, holds institutions accountable and helps those who have been abused access counselling, psychological services, an apology and a redress payment.

The Scheme commenced on 1 July 2018, will run for 10 years and offers eligible applicants three (3) elements of Redress:

·    A direct personal response (apology) from the responsible institution, if requested;

·    Funds to access counselling and psychological care; and

·    A monetary payment of up to $150,000.

All State and Territory Governments and many major non-government organisations and church groups have joined the Scheme. The WA Parliament has passed the legislation for the Government and WA based non-government organisations to participate in the Scheme. The State Government started participating in the Scheme from 1 January 2019. 

Under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth), local governments may be considered a State Government institution.

A decision was made at the time of joining the Scheme to exclude WA local governments from the State Government’s participation declaration. This was to allow consultation to occur with the sector about the Scheme, and for fuller consideration of how the WA local government sector could best participate.

OFFICER COMMENT

Following extensive consultation, in December 2019 the State Government:

·    noted the consultations undertaken to date with the WA local government sector about the National Redress Scheme;

·    noted the options for WA local government participation in the Scheme;

·    agreed to local governments participating in the Scheme as State Government institutions, with the State Government covering payments to the survivor; and

·    agreed to the Department of Local Government, Sport and Cultural Industries (DLGSC) leading further negotiations with the WA local government sector regarding local government funding costs, other than payments to the survivor including counselling, legal and administrative costs.

As part of this the State Government agreed to cover the following for local governments participating in the Scheme as a State Government institution and part of the State’s declaration:

·    Redress monetary payment provided to the survivor;

·    costs in relation to counselling, legal and administration (including the coordination of requests for information and record keeping in accordance with the State Records Act 2000); and

·    trained staff to coordinate and facilitate a Direct Personal Response (DPR – Apology) to the survivor if requested (on a fee for service basis with costs to be covered by the individual local government – see below for further explanation).

State Government financial support for local government participation in the Scheme, as set out, will ensure that Redress is available to as many WA survivors of institutional child sexual abuse as possible.


 

Individual local governments participating in the Scheme as a State Government institution, with the State, will be responsible for:

·   providing the State with the necessary (facilities and services) information to participate in the Scheme;

·   resources and costs associated with gathering their own (internal) information and providing that information (Request for Information) to the State (if they receive a Redress application); and

·   costs associated with the delivery of a DPR (apology), if requested (based on a standard service fee, plus travel and accommodation depending on the survivor’s circumstance).  The State’s decision includes that all requested DPR’s will be coordinated and facilitated by the Redress Coordination Unit – Department of Justice, on every occasion.

On 4 March 2020, the WA Local Government Association (WALGA) State Council:

1.    acknowledged the State Government’s decision to include the participation of Local Governments in the National Redress Scheme as part of the State’s declaration;

2.    endorsed the negotiation of a Memorandum of Understanding and Template Service Agreement with the State Government, and

3.    endorsed by Flying Minute the Memorandum of Understanding prior to execution, in order to uphold requirements to respond within legislative timeframes.

The State Government has now signed a Memorandum of Understanding with WALGA that sets out the key principles of the local government sector participating in the Scheme with the State.

State Government agencies (led by DLGSC), WALGA and Local Government Professionals WA are supporting local governments to prepare to participate in the Scheme from 1 July 2020 (or earlier, subject to completing the necessary arrangements).

Officers have assessed the situation and determined that it is possible that claims could be made from services operated or contracted by the City that have given staff, volunteers or contractors exposure to children, such as (but not limited to):

·    swimming lessons

·    crèche

·    youth services contracted to Southern Rip at the time under a funding arrangement

·    library services

While the decision to participate in the Scheme is risk and legal based, WALGA have already undertaken an assessment that indicates involvement in the Scheme serves to mitigate any potential risk exposure to local governments.  On this basis it is recommended that Council endorses the City of Busselton participating in the Scheme.


 

As an independent entity and for absolute clarity, it is essential that the City formally indicates, via a decision of Council, the intention to be considered a State Government institution (for the purposes on the National Redress Scheme) and be included in the State Government’s amended participation declaration. The City will not be included in the State’s amended declaration, unless it formally decides to be included.

The financial and administrative coverage offered by the State Government will only be afforded to local governments that join the Scheme as a State Government institution, as part of the State’s amended declaration.

Detailed below is a list of considerations as part of participating in the Scheme:

1.    Executing a Service Agreement

All Royal Commission information is confidential, and it is not known if the City will receive a Redress application. A Service Agreement will only be executed if the City receives a Redress application.

 

The City needs to give authority to an appropriate position / officer to execute a service agreement with the State Government should a Redress application be received.  Timeframes for responding to a Request for Information are three (3) weeks for priority applications and seven (7) weeks for non-priority applications. A priority application timeframe (3 weeks) will be outside Council meeting cycles and therefore it is necessary to provide the authorisation to execute an agreement in advance.

 

2.    Reporting to Council if / when an application is received

Council will receive a confidential report, notifying when a Redress application has been received.  All information in the report will be de-identified but will make Council aware that an application has been received.

 

3.    Application Processing / Staffing and Confidentiality

Administratively, the following needs to be determined:

 

·    Which position(s) will be responsible for receiving applications and responding to Requests for Information;

·    Support mechanisms for staff members processing Requests for Information.  

The appointed person(s) will have a level of seniority in order to understand the magnitude of the undertaking and to manage the potential conflicts of interest and confidentiality requirements

4.    Record Keeping

The State Records Office advised (April 2019) all relevant agencies, including Local Governments, of a ‘disposal freeze’ initiated under the State Records Act 2000 (the Act) to protect past and current records that may be relevant to actual and alleged incidents of child sexual abuse. The City’s record keeping practices, as a result, have been modified to ensure the secure protection and retention of relevant records. These records (or part thereof) may be required to be provided to the State’s Redress Coordination Unit in relation to a Redress application.

 


 

The Redress Coordination Unit (Department of Justice) is the state record holder for Redress and will keep copies of all documentation and RFI responses. Local Governments will be required to keep their own records regarding a Redress application in a confidential and secure manner, and in line with all requirements in the Act.

5.    Redress Decisions

The City should note that decisions regarding Redress applicant eligibility and the responsible institution(s), are made by Independent Decision Makers, based on the information received by the applicant and any RFI responses. The State Government and the City do not have any influence on the decision made and there is no right of appeal.

 

Statutory Environment

In agreeing to join the Scheme, the City of Busselton is required to adhere to legislative requirements set out in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth).

Authorisation of an appropriately appointed person to execute a service agreement with the State, if a Redress application is received, will be in accordance with s.9.49A(4) of the Local Government Act 1995 (WA).

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

 

Financial Implications

The State Government’s decision will cover the following financial costs for local governments:

·    Redress monetary payment provided to the survivor;

·    costs in relation to counselling, legal and administration (including the coordination or requests for information and record keeping); and

·    trained staff to coordinate and facilitate a Direct Personal Response (DPR – Apology) to the survivor if requested (on a fee for service basis with costs to be covered by the individual local government – see below).

The only financial cost the local government may incur will be the payment of the DPR’s, which is on an ‘as requested’ basis by the survivor. This will be based on the standard service fee of $3,000 plus travel and accommodation depending on the survivor’s circumstances. All requested DPR’s will be coordinated and facilitated by the Redress Coordination Unit – Department of Justice.

The State Government’s decision also mitigates a significant financial risk to the local government in terms of waiving rights to future claims.  Accepting an offer of redress has the effect of releasing the responsible participating organisation and their officials (other than the abuser/s) from civil liability for instances of sexual abuse and related non-sexual abuse of the person that is within the scope of the Scheme. This means that the person who receives redress through the Scheme, agrees to not bring or continue any civil claims against the responsible participating organisation in relation to any abuse within the scope of the Scheme.


 

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter. The State Government, through the Department of Local Government, Sport and Cultural Industries (DLGSC), consulted with the WA local government sector and other key stakeholders on the Royal Commission into Institutional Responses to Child Sexual Abuse (in 2018) and the National Redress Scheme (in 2019). (See attachment A DLGSC position paper).

The consultation throughout 2019 has focused on the National Redress Scheme with the aim of:

·    raising awareness about the Scheme;

·    identifying whether WA local governments are considering participating in the Scheme;

·    identifying how participation may be facilitated; and

·    enabling advice to be provided to Government on the longer-term participation of WA local governments.

 

Between March and May 2019, DLGSC completed consultations that reached 115 out of 137 WA local governments via:

·    webinars to local governments, predominately in regional and remote areas;

·    presentations at 12 WALGA Zone and Local Government Professional WA meetings; and

·    responses to email and telephone enquiries from individual local governments.

 

It was apparent from the consultations local governments were most commonly concerned about the:

·    potential cost of Redress payments;

·    availability of historical information;

·    capacity of local governments to provide a Direct Personal Response (apology) if requested by Redress recipients;

·    process and obligations relating to maintaining confidentiality if Redress applications are received, particularly in small local governments; and

·    lack of insurance coverage of Redress payments by LGIS, meaning local governments would need to self-fund participation and Redress payments.

 

LGIS published and distributed an update (April 2019) regarding the considerations and (potential) liability position of the WA local government sector in relation to the National Redress Scheme.

The WALGA State Council meeting on 3 July 2019 recommended that:

1.    WA local government participation in the State’s National Redress Scheme declaration with full financial coverage by the State Government, be endorsed in principle, noting that further engagement with the sector will occur in the second half of 2019.

2.    WALGA continue to promote awareness of the National Redress Scheme and note that local governments may wish to join the Scheme in the future to demonstrate a commitment to the victims of institutional child sexual abuse.

DLGSC representatives presented at a WALGA hosted webinar on 18 February 2020 and presented at all WALGA Zone meetings in late February 2020.  The matter was discussed at the South West WALGA Zone meeting and it was determined that it was up to individual local governments to formally consider participating in the Scheme.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. The following risks have been identified:

Claims are made against the City of Busselton

Risk Category

Risk Consequence

Likelihood of Consequence

Risk Level

Financial

Insignificant

Rare

Low

Reputation

Major

Rare

Medium

Options

As an alternative to the proposed recommendation, the Council could formally decide not to participate in the Scheme (either individually or as part of the State’s declaration).  Should this be the case, considerations for the Council include:

·    divergence from the Commonwealth, State, WALGA and the broader local government divergence from the Commonwealth, State, WALGA and the broader local government sector’s position on the Scheme (noting the Commonwealth’s preparedness to name-and-shame non-participating organisations);

·    potential reputational damage at a state, sector and community level;

·    complete removal of the State Government’s coverage of costs and administrative support, with the City having full responsibility and liability for any potential claim; and

·    acknowledgement that the only remaining method of redress for a victim and survivor would be through civil litigation, with no upper limit, posing a significant financial risk to the City.

CONCLUSION

The State Government’s decision to allow local governments to participate in the Scheme as a State Government institution and as part of the State’s declaration will provide the City with financial coverage for Redress monetary payments, costs associated with counselling, legal and administration, and trained staff to coordinate and facilitate a Direct Personal Response (Apology) to the survivor if requested (on a fee-for-service basis).  While the likelihood of a claim being made to the City is limited, the associated financial risks could be significant.  Additionally, the City does not have the in-house personnel to coordinate a response should a claim be made. 

 

Following significant consultation by WALGA and resulting feedback, it is recommended that Council endorses the City’s participation in the Scheme as a State Government institution and included as part of the State Government’s declaration.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Local governments are required to inform the State Government (DLGSC) of their Council’s decision to participate in the Scheme by 31 May 2020.   


Council

153

27 May 2020

15.1

Attachment a

National Redress Scheme - DLGSC final paper

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      157                                                                    27 May 2020

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Councillors' Information Bulletin

BUSINESS UNIT

Executive Services

REPORTING OFFICER

Reporting Officers - Various

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Noting: the item does not require a decision of Council and is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Letter from CEO to Hon. Bill Johnston MLA

Attachment b    Letter from Hon. Bill Johnston MLA to CEO  

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2005/144              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

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

17.1.1 Current Active Tenders

17.1.2 Correspondence with Hon. Bill Johnston MLA

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

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

 

Note: Information in italics has previously been provided to Council, and is provided for completeness.

 


 

RFT14/19 DESIGN AND TECHINICAL SERVICES – BUSSELTON ENTERTAINMENT ARTS AND CULTURAL HUB

 

·    Requirement – to provide design and technical services for the Busselton Entertainment Arts and Creative Hub.

·    Following the Expression of Interest (EOI01/19) process for making a preliminary selection among prospective tenderers, the City of Busselton invited tenders from Box Architects, Kerry Hill Architects, Peter Hunt Architects, Willow and With Architecture.

·    At the Council meeting on 29 January 2020 Council accepted the tender from Kerry Hill Architects Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (C2001/016).

·    A contract was awarded by the CEO under delegation to Kerry Hill Architects Pty Ltd in April 2020.

 

RFT21/19 SUPPLY OF CLEANING CHEMICALS AND PAPER CONSUMABLES

 

·    Requirement – the supply of cleaning chemicals and paper consumables to City of Busselton owned and managed facilities.

·    A Request for Tender was advertised on 26 October 2019 with a closing date of 21 November 2019. 

·    Five submissions were received.

·    The contract value does not exceed the CEO’s delegated authority under Delegation DA 1-07.

·    A contract was awarded by the CEO under delegated authority to Torak Pty Ltd ATF The Poleykett Family Trust T/A Prestige Products Busselton in April 2020.

 

PQS02/20 SUPPLY AND MAINTENANCE OF PRINTERS AND SCANNERS – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

·    Requirement – supply and maintenance of printers and scanners.

·    The PQS was advertised on 1 February 2020 with a closing date of 20 February 2020. 

·    Four applications were received.

·    In accordance with delegation DA 1-10 the CEO has authority to establish the panel and to accept applications to join the panel.

·    A panel was established by the CEO under delegation in April 2020. The  pre-qualified suppliers were appointed to the panel are Futuretech Business Systems Pty Ltd ATF The Whitcher Family Trust T/A SOS Office Equipment,  Dodima Pty Ltd, CSG Pty Ltd,  Laserfax Pty Ltd ATF B&T Unit Trust T/A Scope Business Imaging.

 

PQS03/20 SUPPLY OF CONSTRUCTION SERVICES - REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

·    Requirement – construction works.

·    The City’s intent is to establish 3 categories or sub-panels for supply of building/construction works with a value of up to $1,250,000. These categories or sub-panels are:

Sub-Panel A

Contract value $1 - $250,000;

Sub-Panel B

Contract Value $251,000 - $750,000;

Sub-Panel C

Contract value $750,001 - $1,250,000;

(Sub-Panels).

·    Only Pre-Qualified Suppliers appointed to a Sub-Panel will be invited to quote for building/construction work within that Sub-Panel range. In other words, if 5 Pre-Qualified Suppliers are accepted onto Sub-Panel A, the City intends to invite quotations for a specific building/construction project within that category (i.e. contract value $1 - $250,000) from only those 5 Pre-Qualified Suppliers.

·    Applicants may apply to be accepted onto any one or more of the Sub-panels.

·    The PQS was advertised on 26 February 2020 with a closing date of 12 March 2020. 

·    Ten submissions were received.

·    In accordance with delegation DA 1-10 the CEO has authority to establish the panel and to accept applications to join the panel.

·    The panel was established by the CEO under delegation in April 2020.

 

The following pre-qualified suppliers were appointed to each respective Sub-Panel:

 

Sub-Panel A

$1 - $250,000

 

Sub-Panel B

$250,001 - $750,000

Sub-Panel C

$750,001 - $1,250,000

I.C. Developments Pty Ltd T/A Innovest Construction

I.C. Developments Pty Ltd T/A Innovest Construction

I.C. Developments Pty Ltd T/A Innovest Construction

Devlyn Australia Pty Ltd

Pindan Projects Pty Ltd

Devlyn Australia Pty Ltd

Tarvia Pty Ltd

Devlyn Australia Pty Ltd

Pindan Projects Pty Ltd

Devco Holdings Pty Ltd

Devco Holdings Pty Ltd

B & F Ryan (WA) Pty Ltd T/A Ben Ryan Building

Rantam Pty Ltd

B & F Ryan (WA) Pty Ltd T/A Ben Ryan Building

Geared Construction Pty Ltd

 

RFT02/20 BUSSELTON LIBRARY UPGRADE

 

·    Requirement – upgrade of the Busselton Library (the tender sought prices for 2 stages of the project).

·    A Request for Tender was advertised on 29 February 2020 with a closing date of 24 March 2020. 

·    Three submissions were received, all of which exceeded the City’s budget for this project.

·    The power to decline to accept any tender has been delegated to the CEO pursuant to Delegation DA 1-07.

·    To ensure the most advantageous outcome for the City pre-qualified suppliers on the City’s newly established Construction Services Panel were invited to submit quotations for this project (RFQ22/20).

·    Only three of the five pre-qualified suppliers on Sub Panel B submitted quotations.

·    It is anticipated that the evaluation process will be completed and a report submitted with Council no later than June 2020.

 


 

RFT04/20 LIVING STREAMS DESIGNS FOR THE LOWER VASSE RIVER

 

·    Requirement – the preparation of detailed environmental designs for the restoration and re-design of an 800m section of the Lower Vasse River.

·    A Request for Tender was advertised on 28 March 2020 with a closing date of 16 April 2020. 

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07.

·    Eight submissions were received and are currently under evaluation.

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation DA 1-07 and it is expected that a contract will be entered into during May 2020.

 

RFT05/20 UPGRADE OF MECHANICAL SERVICES TO THE GEOGRAPHE LEISURE CENTRE

 

·    Requirement – to supply and install a modification to the existing mechanical system at the Geographe Leisure Centre. The Specification provided by external consultants Norman Disney & Young details the following specifics works:

1.         Install new Air to Air Heat Exchanger with supplementary heating coil (AHU-02) in the location currently occupied by the existing air conditioning condenser units;

2.         Modify ductwork within Pool Hall to connect existing supply air ductwork to new air-to-air heat exchanger;

3.         Fit a mixed air and filter plenum to the outside air intake to AHU-02 with motorised dampers;

4.         Modify pipework to heat pump to connect to new air to air heat exchanger; and

·    Modification of existing MSSB adjacent the existing Air Handling units to add power supply power to supply and exhaust fans of Pool Hall Heat Exchange Unit and to remove power supply to the existing air conditioning condensers serving the sports hall.

·    A Request for Tender was advertised on 9 May 2020 with a closing date of 26 May 2020. 

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 and it is expected that a contract will be entered into during June 2020.

 

RFT06/20 BUSSELTON FORESHORE EXERCISE EQUIPMENT – DESIGN, FABRICATION AND INSTALLATION

 

·    Requirement – the design, fabrication and installation of six (6) exercise equipment stations at the Busselton Foreshore. 

·    A Request for Tender was advertised on 9 May 2020 with a closing date of 26 May 2020. 

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 and it is expected that a contract will be entered into during June 2020.

 

17.1.2       Correspondence with Hon. Bill Johnston MLA

 

Correspondence to and from the Hon. Bill Johnston MLA, Minister for Mines and Petroleum; Energy Industrial Relations, is attached at Attachments A and B respectively.  


Council

158

27 May 2020

17.1

Attachment a

Letter from CEO to Hon. Bill Johnston MLA

 


Council

160

27 May 2020

17.1

Attachment b

Letter from Hon. Bill Johnston MLA to CEO

 


 

 


Council                                                                                      172                                                                    27 May 2020

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE)

13.3           SCHEME AMENDMENT NO. 44 (BUSSELTON RSL WA) - CONSIDERATION FOR FINAL ADOPTION

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Local Planning Schemes and Amendments

BUSINESS UNIT

Strategic Planning

REPORTING OFFICER

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Subject Land Parcels

Attachment b    Proposed Scheme Amendment Map

Attachment c    Bushfire Hazard Level Assessment Map

Attachment d   Summary of Submissions  

 

DISCLOSURE OF INTEREST

Date

27 May 2020

Meeting

Council

Name/Position

Cr Grant Henley, Mayor

Item No./Subject

13.3 SCHEME AMENDMENT NO. 44 (BUSSELTON RSL WA) - CONSIDERATION FOR FINAL ADOPTION

Type of Interest

Impartiality Interest

Nature of Interest

I declare an Impartiality Interest in relation to Agenda Item 13.3 as I am a member of the Busselton RSL Sub-Branch.

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2005/145              Moved Councillor P Cronin, seconded Councillor R Paine

 

That the Council:

1.         In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, adopts Amendment No. 44 to the City of Busselton Local Planning Scheme No. 21 for final approval, for the purposes of:

(a)       Rezoning Lot 69 (No. 10) Rosemary Drive and Lot 100 (No. 15) Southern Drive, Busselton from “Residential” to “Special Use No. 30” and to recode the Lots from “R30” to “R-AC3”;

(b)       Rezoning Lot 48 (No. 26) and Lot 49 (No. 28) Causeway Road from “Tourism” to “Special Use No. 30” and include a residential density code of “R-AC3”;

(c)       Inserting the following particulars in ‘Schedule 5 – Special Uses’ of the Scheme:

 

No.

Description of Land

Special Use

Conditions

30

Lot 48 (No. 26) Causeway Road, Busselton;

Lot 49 (No. 28) Causeway Road, Busselton;

Lot 69 (No. 10) Rosemary Drive, Busselton; and

Lot 100 (No. 15) Southern Drive, Busselton.

The following land uses are ‘P’ Permitted:

a.   Aged Persons Home;

b.  Club Premises;

c.   Community Purpose;

d.  Grouped & Multiple Dwellings;

e.  Consulting Rooms;

f.   Residential Building.

The following land uses are “D” Discretionary:

a.   Medical Centre;

b.  Reception Centre; and

c.   Office.

 

1.     Development is limited to a total plot ratio of 2.0.

2.     Notwithstanding Clause 4.8 of the Scheme and the ‘R-AC3’ density code, a maximum building height of 4 storeys (to maximum height of 15m above natural ground level) is applicable to development on the site.

3.     Development within 10m of a lot boundary, which abuts land that is zoned Residential, is limited to 2 storeys (to maximum height of 9m above natural ground level).

4.     All other development controls are to be as per ‘R-AC3’ under State Planning Policy 7.3: Residential Design Codes Volume 2 - Apartments.

(d)       Amending the Scheme Map accordingly.

 

2.         Advises the Western Australian Planning Commission that Amendment No. 44 is considered a ‘standard’ amendment pursuant to the Planning and Development (Local Planning Scheme) Regulations 2015 for the following reasons:

(a)       an amendment relating to a zone or reserve that is consistent with the objectives identified in the Scheme for that zone or reserve;

(b)       an amendment that is consistent with a Local Planning Strategy for the Scheme that has been endorsed by the Commission; and

(c)       the amendment would not result in any significant environmental, social, economic or governance impacts on land in the Scheme area.

 

3.         Pursuant to r.53 of the Planning and Development (Local Planning Schemes) Regulations 2015, endorses the Summary of Submissions at Attachment D, which has been prepared in response to the public consultation process undertaken in relation to Amendment No. 44.

 

4.         Upon preparation of the necessary documentation, refers the adopted Amendment No. 44 to the Western Australian Planning Commission for consideration and determination in accordance with the Planning and Development Act 2005.

 

5.         Pursuant to r.56 of the Planning and Development (Local Planning Schemes) Regulations 2015, should directions be given that modifications to Amendment No. 44 are required, direct these modifications to be undertaken accordingly, on behalf of the Council, unless they are considered by Officers likely to significantly affect the purpose and intent of the Amendment, in which case the matter shall be formally referred back to the Council for assessment and determination.

CARRIED 9/0

 

EXECUTIVE SUMMARY

The Council is requested to consider adopting for final approval draft Amendment No. 44 to Local Planning Scheme No. 21 (the Scheme). The Amendment would facilitate the rezoning of Lot 69 Rosemary Drive, Lots 48 and 49 Causeway Road and Lot 100 Southern Drive, Busselton (in total, the subject land) to ‘Special Use’ zone and applying conditions to guide future development.

 

The Amendment is intended to essentially support the redevelopment of the Returned and Services League (RSL) across these sites by allowing for a specific combination of complementary community, business and residential uses that align with the RSL’s service charter.

 

The purpose of this report is to recommend to the Council that the subject proposal be adopted for final approval and forwarded to the Western Australian Planning Commission (WAPC).

 

BACKGROUND

The applicant has advised that the current Returned and Services League of Australia WA (RSL) building is not equipped for the current needs of the RSL and requires significant upgrades. This Amendment will facilitate redevelopment of the site for a multipurpose centre by co-locating services between the RSL and other organisations that provide services to ex-service personnel and families.

 

Whilst the core purpose of the RSL will remain unchanged, the organisation is evolving as the needs of each generation of service personnel change.  In response, this amendment seeks to allow uses that provide complementary services that support the operations of the RSL to ensure its ongoing capacity to meet the needs of the community.

 

The RSL has expressed interest in redeveloping the subject sites to cater for:

·    Club facilities (including bar facilities);

·    Administration (offices);

·    Consulting rooms for ex-service personnel organisations and affiliates (Legacy, defence force recruiting etc.);

·    Café;

·    Apartments (mix of short stay and permanent accommodation);

·    Aged care; and

·    Ancillary uses which complement the day to day operations of the RSL and affiliated organisations.

 

Proposed Scheme Amendment No. 44 seeks to rezone four parcels of land to ‘Special Use’ zone to facilitate redevelopment for the RSL.  The land subject to the Amendment covers a total area of 5,436m2 and involves the rezoning of the following land parcels:

·    Lot 69 (No. 10) Rosemary Drive, Busselton, currently zoned “Residential – R30” and contains the current Busselton RSL WA sub-branch;

·    Lot 48 (No. 26) and Lot 49 (No. 28) Causeway Road, Busselton, both being vacant and zoned “Tourism”; and

·    Lot 100 (No. 15) Southern Drive, Busselton, owned by the City of Busselton, zoned “Residential – R30” and originally developed with a dwelling that has since been converted into offices (referred to as ‘Finance House’).

 

The land parcels are identified at Attachment A, with the proposed Scheme Amendment Map at Attachment B.

 

The RSL has approached the owner(s) of the adjoining Lots 48 and 49, being the vacant lots at the corner of Causeway Road and Southern Drive, with a view to entering into a joint venture or lease arrangement to facilitate the overall development. These owners are supportive of the proposed Amendment.

 

Lot 100 Southern Drive was considered to be ‘surplus to the needs’ of the City, now that the Administration Building has been completed. The City subsequently issued an Expression of Interest for the sale or lease of Finance House on Lot 100 in mid-2018, the process resulting in a month by month lease being issued (for a minimal figure) to CinefestOZ for use of the building. The RSL expressed interest in incorporating Lot 100 into its overall re-development proposal and, although no final arrangement has been entered into, opportunity remains for the City to either sell Lot 100 or to enter into a joint venture arrangement with the RSL and owner(s) of Lots 48 and 49.

 

At the time of writing the initiation report for this Amendment that went to Council in January 2020, interest had been expressed from the Bunbury Regional Community College (BRCC) for a lease to use the building on Lot 100 for educational purposes.  The BRCC is now to be located within the old Tennis Club building and CinefestOZ remains at Finance House.  The proposal to rezone the subject land does not diminish the ability for Finance House to be leased to CinefestOZ for office space for the time being. CinefestOZ can be relocated to alternative accommodation if and when necessary.

 

The proposal has been accompanied by a Transport Impact Statement (TIS), which has identified projected traffic volumes on an assumed development outcome of 50 residential apartments, 200m2 office space and 150m2 function room (although it should be noted that the final development outcome may comprise these land uses or a combination of other land uses).  The net increase in traffic is estimated to be 220-270 vehicles per day, an increase from approximately 100-150 trips per day currently generated by the existing RSL.

 

The TIS acknowledges that access to the site could be provided from Southern Drive and Rosemary Drive, as well as the service road that runs alongside Causeway Road. Access to the site via Southern Drive might offer the most logical access, given the location of the City’s Administration Building, although the works associated with the ‘Eastern Link’ will include the provision of a roundabout at the Rosemary Drive intersection, improving both traffic flow and safety performance.

 

The TIS, in taking into account the proposed Eastern Link works, has concluded that the proposal will not significantly affect the surrounding road network, which has been designed to accommodate this scale of traffic.

 

Conclusions made by the TIS include:

·    A waste management plan should be prepared at the time of a formal development application being lodged; and

·    There is expected to be no adverse effects from the land use development proposal on road safety.

 

OFFICER COMMENT

Scheme Amendment No. 44 proposes to rezone the subject lots to ‘Special Use’, allowing for a specific combination of complementary community, business and residential uses that align with the RSL’s service charter.

 

The current proposal does not invoke a design for the redevelopment of the site, but to provide instead the means to facilitate redevelopment of the RSL, with other community organisations, to offer improved services to the area.  A future development application can adequately address management, operations, scale and design of any formal proposal.  What the amendment controls provide is a guide for the design of the future development, in addition to the standard requirements of the Residential Design Codes (the R-Codes) and Scheme.

 


 

The following information has been proposed to be inserted into ‘Schedule 5 – Special Uses’ of the Scheme:

 

No.

Description of Land

Special Use

Conditions

30

Lot 48 (No. 26) Causeway Road, Busselton;

Lot 49 (No. 28) Causeway Road, Busselton;

Lot 69 (No. 10) Rosemary Drive, Busselton; and

Lot 100 (No. 15) Southern Drive, Busselton.

The following land uses are ‘P’ Permitted:

a.   Aged Persons Home;

b.  Club Premises;

c.   Community Purpose;

d.  Grouped & Multiple Dwellings;

e.  Consulting Rooms;

f.   Residential Building.

The following land uses are “D” Discretionary:

a.   Medical Centre;

b.  Reception Centre; and

c.   Office.

1.     Development is limited to a total plot ratio area of 2.0.

2.     Notwithstanding Clause 4.8 of the Scheme and the ‘R-AC3’ density code, a maximum building height of 4 storeys (to maximum height of 15m above natural ground level) is applicable to development on the site.

3.     Development within 10m of a lot boundary, which abuts land that is zoned Residential, is limited to 2 storeys (to maximum height of 9m above natural ground level).

4.     All other development controls are to be as per ‘R-AC3’ under State Planning Policy 7.3: Residential Design Codes Volume 2 - Apartments.

 

The mix of uses and proposed permissibilities suggested allows for a combination of complementary community, business and residential uses that align with the RSL’s service charter, whilst avoiding retail and commercial uses considered inappropriate outside the City’s core CBD area.  There is no intent to promote or to encourage the development of retail or business offerings that are more suitably located within the City Centre.  The sites are set back from Causeway Road, having the benefit of the service road, and the list of uses proposed will not encourage a ‘shop-front’ appearance, thus reducing the likelihood of any potential commercial strip along Causeway Road.

 

In the case of ‘commercial-only development’, proposed conditions 1, 2 and 3 would apply during any formal assessment process.  If there is no residential component proposed at the time of assessment (for instance, in the case of a staged construction, should the Club Premises be applied for in isolation to any residential use), condition 4 would not specifically apply, although, the R-Codes would be referenced as a guide for any development application, together with the “Matters to be considered” clause of the Deemed Provisions (Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015).

 


 

The following comments are provided in response to a preliminary assessment of the proposed conditions for Special Use Zone No. 30:

1.   Plot ratio

In mixed use developments building bulk and scale is controlled by setting a maximum plot ratio, which is the ratio of the gross ‘plot ratio area’ of buildings on a development site to the area of land in the site boundaries.  For instance and in simple terms, a plot ratio of 1.0 on a 1,000 square metre lot could equate to a two-storey building with 500 square metres on each floor, so a total floor area of 1,000 square metres.

A plot ratio of 2.0 is proposed to apply for all development within the site, both residential and non-residential, ensuring an appropriate scale of all built form, complementing, not dominating, surrounding development. 

By means of comparison, development within the Busselton City Centre and Dunsborough Town Centre can achieve a plot ratio of 2.0 to 3.0.

             2. Building height

With respect to building height, the Scheme currently allows for 3 storey development across the site.  Given the existing Scheme entitlements, the applicant proposes controls to allow redevelopment up to four storeys fronting Causeway Road to complement the nearby City Administration Building and to allow for a consistent and complementary scale of built form along this section of Causeway Road leading into the City Centre.

Note that the proposed condition of Special Use 30 includes a clarification that the height controls relate to height above natural ground level, including any fill or similar required.  This reflects the normal basis on which building height is determined in the WA planning system.  The City’s Administration Building, at its highest point, is around 15.5 metres from ground floor to building apex (being the plant room and lift).  The three storey portion of the building, as can be viewed from Causeway Road, is around 15 metres (when including the maximum level of fill, relative to the site prior to development of the current building, being around one metre).

3.   Development adjacent to boundaries

Development at the interface with adjoining residential development (within 10 metres of a neighbouring residential lot) would be restricted to two (2) storeys, with a maximum height of 9 metres.  The R-Codes require that development is to satisfy the relevant ‘Acceptable Outcomes’ for solar access, which may well preclude development, even at this height, unless carefully designed.

Some concern is held by officers in respect to proposed condition 5 given the potential for a 9m high wall within 10m of a boundary and the potentially adverse effects this might have on neighbouring residential properties.

In comparison, a R30 dwelling may be constructed up to one side boundary with a maximum height of 3.5m and an average of 3.0m for two-thirds the length of boundary. The Amendment, if initiated by the Council for public consultation, will be sent directly to neighbouring landowners as part of the consultation process, and all comments received will be addressed and referred back to the Council with recommendations at the time of considering final adoption.

4.   R-AC3 density code

The ‘R-AC3’ density code has been chosen to be consistent with the mixed use development in the City Centre. The application of this density code will require any mixed use development (i.e. containing commercial and residential uses) to be designed in a way that is responsive to the site constraints and surrounding development.

The possibility of an arrangement (either by way of a joint-venture agreement or amalgamation of lots) not going ahead between the respective landowners should be considered in the event that the Amendment is successful.  Should this be the case, the list of uses, being predominately residential in nature or community/consulting-type services, would be considered appropriate in this location given the proximity to the City Centre and position along a major traffic route. 

 

Comments raised during advertising

Two substantive issues were raised during the formal advertising process. These were:

1.    Bushfire Hazard Level assessment; and

2.    Building height.

 

These matters are discussed below.

 

Bushfire Hazard Level Assessment

Portions of the subject land have been identified as ‘bushfire prone’ on the ‘Map of Bush Fire Prone Areas’ as developed by the Office of Bushfire Risk Management (OBRM).  This map acts as a trigger to determine whether bushfire protection planning and building requirements apply.  A large portion of Lot 100 and Lot 48 are included within a bushfire prone area, along with the very easterly corner of Lot 10.

 

In accordance with State Planning Policy 3.7: Planning in Bushfire Prone Areas (SPP 3.7), all strategic planning proposals within a designated bushfire prone area must be accompanied by either a Bushfire Hazard Level (BHL) assessment, a BAL Contour Map, and/or a BAL assessment.

 

The response from the Department of Fire and Emergency Services (DFES) during the advertising period confirmed the requirement for a BHL assessment to be provided.  A BHL assessment was undertaken and identified the majority of the site with a ‘low’ bushfire hazard level and a very small portion of the site with a ‘moderate’ bushfire hazard level.  A copy of the BHL map is provided at Attachment C.

 

The risk for the site is increased due to the site being within 100 metres from the vegetation along the Lower Vasse River.  The City of Busselton Administration Building and associated car park are located on this area of land between ‘the risk’ and the subject site, thereby reducing the overall risk.

 

The BHL assessment, along with the supporting information, sufficiently demonstrates compliance with clause 6.3 of SPP 3.7, in that:

a)    The BHL assessment has been completed in accordance with the methodology set out in the Guidelines and prepared by an accredited Bushfire Planning Practitioner;

b)    Bushfire hazard issues arising from the assessment have been identified; and

c)    The BHL assessment clearly demonstrates that compliance with the bushfire protection criteria in the Guidelines can be achieved for the site.

 

DFES have provided feedback on the BHL to advise that the information provided satisfies the criteria mentioned above and that the reduced risk due to the presence of the City’s Administration Building and associated car park would ensure that any future development on the site will achieve a minimum bushfire attack level of BAL 25.

 

Building Height

The one public submission received during the advertising period raised concern over the proposed building height control of 4 storeys (up to 15 metres).  The concern raised the potential for a large, bulky brick wall facing the residential properties on the opposite side of Rosemary Drive. 

 

The Scheme currently allows for three-storey development throughout the majority of the urban area, including the subject land.  The proposal seeks an increase to this height control to four-storeys, concentrating the bulk of development along Causeway Road, to offset a proposed reduction in height to two storeys within 10m of the boundaries shared with residential lots. 

 

The reduction/restriction in building height to the south-eastern boundary will ensure the development steps down within the lot, providing intermediate scale of development interfacing with the neighbouring single storey residential development to the south-east.  Whilst the existing site controls would allow development to three-storeys across the site, there is no requirement to step the building bulk within the lot in this way.  The proposal therefore provides controls beyond the existing planning framework to address the neighbouring residential interface. Given the need to provide natural light into any future building on the site, it is unlikely there would be extensive blank walls facing Southern Drive.

 

Any future development proposal would be required to address the provisions of SPP 7.0 (Design of the Built Environment) and SPP 7.3 (Residential Design Codes Volume 2 – Apartments), with the ability to address any potential impacts from the additional building height through a number of design solutions.  This process is intended to ensure that ‘good design’ prevails, which in short, should mean that the development shouldn’t consist of a “50ft brick wall”, but something that is architecturally designed to have minimal impact on the streetscape and surrounding properties.

 

It is likely that any future development proposals for the site may require further consultation with nearby landowners.

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 (Act), the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) and the City of Busselton Local Planning Scheme No. 21 (LPS21).  Each is discussed below under appropriate subheadings.

 

Planning and Development Act 2005

The Act outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing and processing this Amendment.

 

Planning and Development (Local Planning Schemes) Regulations 2015

The Regulations, which came into operational effect on 19 October 2015, identify three different levels of amendments – basic, standard and complex. The resolution of the local government is to specify the level of the subject amendment and provide an explanation justifying this choice. The Amendment is considered to be a ‘standard amendment’ for reasons outlined in part 2 of the ‘Officer Recommendation’.

 

Local Planning Scheme No. 21

The proposal is consistent with the provisions of the ‘Special Use’ zone as defined by the Scheme, the objectives of which are to facilitate special categories of land uses that do not sit comfortably within any other zone and enable specific conditions to be imposed associated with that special use.


 

Relevant Plans and Policies

The key policies relevant to the proposal are:

1.    State Planning Policy 3.0: Urban Growth and Settlement.

2.    State Planning Policy 3.7: Planning for Bush Fire Prone Areas/Guidelines for Planning in Bushfire Prone Areas 2015.

3.    State Planning Policy 7.0: Design of the Built Environment.

4.    State Planning Policy 7.3: Residential Design Codes Volume 2 – Apartments.

5.    City of Busselton Local Planning Strategy.

6.    City of Busselton Local Tourism Planning Strategy.

 

State Planning Policy 3.0: Urban Growth and Settlement

State Planning Policy 3.0: Urban Growth and Settlement (SPP 3.0) sets out the principles and considerations which apply to planning for urban growth and settlements in Western Australia.  The objectives of this policy include to:

·    build on existing communities with established local and regional economies, concentrate investment in the improvement of services and infrastructure, and enhance the quality of life in those communities; and

·    manage the growth and development of urban areas in response to the social and economic needs of the community and in recognition of relevant climatic, environmental, heritage and community values and constraints.

 

Key requirements for sustainable communities identified by SPP 3.0 as they relate to this Scheme Amendment are:

·    variety and choice in the size, type and affordability of housing to support a range of household sizes, ages and incomes, and which is responsive to housing demand and preferences; and

·    access for all to employment, health, education, shops, leisure and community facilities by locating new development so as to be accessible by foot, bicycle or public transport, rather than having to depend on access by car (whilst recognising the convenience of car travel for some trips and the limited potential to provide alternatives in rural and remote locations).

 

Principles for planning of ‘Liveable Neighbourhoods’ require the safe and convenient access to services and facilities designed for all users, including users with disabilities.

 

State Planning Policy 3.7: Planning in Bushfire Prone Areas (SPP 3.7) and Guidelines for Planning in Bushfire Prone Areas

SPP 3.7 directs how land use should address bushfire risk management in Western Australia.  It applies to all land which has been designated as ‘bushfire prone’ by the Fire and Emergency Services Commissioner as highlighted on the ‘Map of Bush Fire Prone Areas’.  The accompanying Guidelines for Planning in Bushfire Prone Areas provide supporting information to assist in the interpretation of the objectives and policy measures outlined in SPP 3.7, providing advice on how bushfire risk is to be addressed when planning, designing or assessing a planning proposal within a designated bushfire prone area.

 

State Planning Policy 7.0: Design of the Built Environment (SPP 7.0)

Lead policy that elevates the importance of design quality across the whole built environment. It includes 10 principles for good design and establishes the framework for integrating design review as a part of the evaluation process. 


 

A Development Application will be considered against the following principles:

 

1. Context and Character

Good design responds to and enhances the distinctive characteristics of a local area, contributing to a sense of place.

2. Landscape Quality

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, within a broader ecological context.

3. Built Form and Scale

Good design ensures that the massing and height of development is appropriate to its setting and successfully negotiates between existing built form and the intended future character of the local area.

4. Functionality and Built Quality

Good design meets the needs of users efficiently and effectively, balancing functional requirements to perform well and deliver optimum benefit over the full life-cycle.

5. Sustainability

Good design optimises the sustainability of the built environment, delivering positive environmental, social and economic outcomes.

6. Amenity

Good design provides successful places that offer a variety of uses and activities while optimising internal and external amenity for occupants, visitors and neighbours, providing environments that are comfortable, productive and healthy.

7. Legibility

Good design results in buildings and places that are legible, with clear connections and easily identifiable elements to help people find their way around.

8. Safety

Good design optimises safety and security, minimising the risk of personal harm and supporting safe behaviour and use.

9. Community

Good design responds to local community needs as well as the wider social context, providing environments that support a diverse range of people and facilitate social interaction.

10. Aesthetics

Good design is the product of a skilled, judicious design process that results in attractive and inviting buildings and places that engage the senses.

 

State Planning Policy 7.3: Residential Design Codes Volume 2 – Apartments (SPP 7.3)

Provides planning and design standards for residential apartments (multiple dwellings) in areas coded R40 and above, within mixed use development and activity centres.  SPP 7.3 builds upon the principles established in SPP 7.0 providing design parameters for apartment development. These policies represent a significant shift in the way in which development is assessed, with applications to be reviewed under performance criteria, as opposed to prescriptive development controls. The intention is to provide a flexible framework which incentivises excellence in building design.

 

The City will assess any future Development Application for the residential component of the site against the objectives and requirements of SPP 7.3.

 

Local Planning Strategy (LPS)

The LPS sets the long term broad planning direction for the whole of the District of the City of Busselton and provides the strategic rationale for decisions related to the progressive review and amendment of LPS21.  The LPS was adopted for final approval by the Council in September 2016 and was endorsed by the WAPC on 10 December 2019, subject to certain agreed modifications prior to endorsement by the DPLH.  The DPLH formally endorsed the LPS on 13 March 2020.

 

An objective of Theme 1 (Settlement and Community) is for expansion and improvement of community facilities to meet the needs of a growing and increasingly diverse population.  Strategies associated with this theme are to support and pro‐actively plan for urban consolidation and redevelopment in areas close to the Busselton City Centre and the development of new and improved community facilities to meet the needs of a growing and increasingly diverse population.

 

The LPS actively supports this proposed form of development close to the Busselton City Centre.  A desirable diversification in the types of housing choice and availability for those affiliated with the RSL service charter could also result from this Amendment.

 

Local Tourism Planning Strategy (LTPS)

The LTPS was adopted by Council on 8 December 2010 and was noted by the WAPC in 2013. It provides a planning policy framework for decisions that affect the tourism industry in the City and recognises the importance of preserving, protecting and growing strategic tourism opportunities.

 

The LTPS identifies Lots 48 and 49 Causeway Road as tourist zoned land where alternative zonings may be considered, given it is a small site offering limited potential (to a future tourism venture).

Financial Implications

There are no direct financial implications associated with the officer recommendation.

Stakeholder Consultation

The Amendment was advertised for 42 days ending 22 April 2020.  One public submission was received along with six government agency submissions.  A Summary of Submissions is provided at Attachment D.

 

The most substantive matters were raised by DFES, seeking a Bushfire Hazard Level assessment, and a concern for the proposed height controls over the subject site.  These matters have been discussed within the ‘Officer Comment’ section, above.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place.

 

The implementation of the Officer Recommendation will involve adopting the Amendment for final approval and referral to the Western Australian Planning Commission and Minister for Planning for final approval. No such risks have been identified.

Options

As an alternative to the proposed recommendation the Council could decide:

 

1.         To not adopt the Amendment and Structure Plan for final approval (and provide a reason for such a decision). It should be noted that under the relevant legislation there is no right of appeal against a Council decision not to adopt an amendment for final approval.

 

2.         To seek further information before making a decision.

 


 

CONCLUSION

As a result of the assessment detailed above, Officers are of the view that the proposal is generally consistent with the aims and objectives of the State and local planning policy framework. It is recommended that the Council provides a recommendation to the Western Australian Planning Commission to support the proposed Amendment.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The implementation of the Officer Recommendation will involve the referral of Amendment 44 to the Western Australian Planning Commission for final approval and this will occur within one month of the resolution.


Council

173

27 May 2020

13.3

Attachment a

Subject Land Parcels

 


Council

174

27 May 2020

13.3

Attachment b

Proposed Scheme Amendment Map

 


Council

175

27 May 2020

13.3

Attachment c

Bushfire Hazard Level Assessment Map

 


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27 May 2020

13.3

Attachment d

Summary of Submissions

 


 


 

 


Council                                                                                      182                                                                    27 May 2020

12.             Reports of Committee

Nil


 

14.             Engineering and Work Services Report

Nil


 

16.             Finance and Corporate Services Report

Nil

 

 


 

18.             Motions of which Previous Notice has been Given

Nil  

 

 

19.             urgent business

Nil

 

 

20.             Confidential Reports  

Nil

 

 

21.             Closure

The Presiding Member closed the meeting at 5.34pm.

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 182 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 10 June 2020.

 

 

DATE:_____________________             PRESIDING MEMBER:_________________________