COB-RGB

 

 

 

 

 

Policy and Legislation

Committee Agenda

 

 

 

29 July 2020

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 29 July 2020

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Policy and Legislation Committee will be held in the Committee Room, Administration Building, Southern Drive, Busselton on Wednesday, 29 July 2020, commencing at 10.00am.

 

The attendance of Committee Members is respectfully requested.

 

 

DISCLAIMER

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

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

22 July 2020


CITY OF BUSSELTON

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 29 July 2020

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 4

2....... Attendance. 4

3....... Public Question Time. 4

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

5....... Confirmation and receipt of Minutes. 4

5.1          Minutes of the Policy and Legislation Committee Meeting held 27 May 2020. 4

6....... Reports. 5

6.1          REVIEW OF COUNCIL POLICY EVENTS AND RESCISSION OF COUNCIL POLICY 074: MARKETS. 5

6.2          REVIEW OF COUNCIL POLICY: LOANS. 21

6.3          REVIEW OF COUNCIL POLICY: COMPLAINTS HANDLING.. 28

6.4          REVIEW OF COUNCIL POLICY: ELECTED MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT. 37

6.5          PARKING LOCAL LAW 2020. 45

6.6          RECISSION OF COUNCIL POLICY: SHELTERS AND STRUCTURES ON LOCAL GOVERNMENT PROPERTY. 107

6.7          PROPOSED CLIMATE CHANGE POLICY AND REVIEW OF ENVIRONMENT POLICY. 112

6.8          LOCAL PLANNING POLICY REVIEW - REVOCATION OF LPP 1.4, LPP 6.2 AND LPP 6.3; INITIATION OF REVISIONS TO LPP 1.3 AND LPP 6.1; AND INITIATION OF NEW LPP ** : ADVERTISING SIGNS. 137

7....... General Discussion Items. 200

7.1          LOCAL PLANNING POLICY REVIEW - REVIEW OF LPP 1.5 COASTAL SETBACKS. 200

7.2          COUNCILLOR CODE OF CONDUCT REVIEW... 203

8....... Next Meeting Date. 205

9....... Closure. 205

 


Policy and Legislation Committee                                  4                                                                          29 July 2020

 

1.               Declaration of Opening and Announcement of Visitors

 

2.               Attendance 

Apologies

 

3.               Public Question Time  

 

4.               Disclosure Of Interests

 

5.               Confirmation and receipt of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 27 May 2020

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 27 May 2020 be confirmed as a true and correct record.

   


Policy and Legislation Committee                                  6                                                                          29 July 2020

6.               Reports

6.1             REVIEW OF COUNCIL POLICY EVENTS AND RESCISSION OF COUNCIL POLICY 074: MARKETS

STRATEGIC GOAL

4. ECONOMY Diverse, resilient, prosperous

STRATEGIC OBJECTIVE

4.2 A community where local business is supported and in turn drives our economy

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Community and Commercial Services

REPORTING OFFICER

Director, Community and Commercial Services - Naomi Searle

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   Markets Policy

Attachment b    Events Policy

Attachment c    Events Policy - Tracked Changes  

 

OFFICER RECOMMENDATION

That the Council:

1.      Adopts the Events Policy as per Attachment B; and

2.      Rescinds Council Policy 074: Markets (Attachment A), effective immediately

EXECUTIVE SUMMARY

This report recommends the rescission of Council policy 074: Markets (Markets Policy) (Attachment A), with the policy objectives and conditions having been incorporated into the City’s ‘Events’ Council Policy (Events Policy) (Attachment B).

BACKGROUND

The objective of the Markets Policy is to ensure that markets held on City owned or managed land (City Land) do not adversely impact on local business and are successful, sustainable and appropriately accessible to the public. The Markets Policy outlines market locations and frequencies and sets out the requirement for markets to be approved under the City’s Events Policy and event approval process. 

 

The Markets Policy was reviewed in 2013, in response to an increase in the number of requests to hold new markets in various locations across the district. It was again reviewed in November 2014 with minor amendments made to market locations in the district and to provide for alternative venues for markets in Busselton. 

 

At the May 2020 Policy and Legislation Committee meeting, officers recommended that the Markets Policy be rescinded to allow the City to respond more readily to the changes in market locations or to requests for new markets.  The Committee felt that Council should retain strategic oversight in relation to markets and instead requested, as per an option presented, that officers incorporate the objectives of the Markets Policy into the Events Policy.   

OFFICER COMMENT

The Events Policy was reviewed, amended and endorsed by Council at its meeting on 12 February 2020 (C2002/034). While markets have always been processed as an ‘event’, as part of the review of the Events Policy, the definition of ‘Event’ was expanded to expressly include Markets. 

 

Further to this, and as per the request of the Policy and Legislation Committee, it is recommended that the objectives and conditions of the Markets policy are incorporated into the Events Policy. A track changes version is provided as Attachment C.


Markets are well established and function successfully within the City of Busselton, with the Markets Policy setting out maximum frequencies and locations for markets across the district. To provide for increased flexibility, while still maintaining appropriate oversight and control, it is recommended that the following changes are made as part of incorporating the conditions into the Events Policy:

·    the maximum number of markets to be held in Busselton at the Busselton Community Garden be increased from one per fortnight to one a week (on a Saturday);

·    the maximum number of markets to be held in Dunsborough be increased from one per fortnight to one per week (on a Saturday), to be held at either Lions Park or at the Dunsborough Playing Fields;

·    the maximum number of markets to be held in Vasse be increased from one per fortnight to one per week (on a Saturday).

Additionally, it is recommended that the CEO have the ability to consider and approve applications for markets to be held at other locations.

Statutory Environment

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

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the Governance Services Review carried out in 2017. The framework sets out the intent of Council policies, as opposed to operational documents such as staff management practices and operational practices.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

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 risks of a medium or greater level have been identified.


Options

As an alternative to the proposed recommendation, the Council could:

1.    Choose to retain the current maximum frequency and locations for markets.

2.    Make other changes to the Events Policy.

CONCLUSION

The contents and objectives of the Markets Policy are proposed to be contained in the Events Policy.  It is recommended that the Events Policy is adopted as proposed and that the Markets Policy be rescinded.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Events Policy will be updated and the Markets Policy rescinded and removed from the website within one week of Council’s endorsement.  


Policy and Legislation Committee

8

29 July 2020

6.1

Attachment a

Markets Policy

 


Policy and Legislation Committee

10

29 July 2020

6.1

Attachment b

Events Policy

 


 


 


 


 


 


Policy and Legislation Committee

20

29 July 2020

6.1

Attachment c

Events Policy - Tracked Changes

 


 


 


 


 


 


Policy and Legislation Committee                                  22                                                                        29 July 2020

6.2             REVIEW OF COUNCIL POLICY: LOANS

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Policy

BUSINESS UNIT

Finance

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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   Council Policy 048 - Loans

Attachment b    Council Policy: Loan Facilities (Proposed)  

 

OFFICER RECOMMENDATION

That the Council adopts the revised Council policy ‘Loan Facilities’ (Attachment B) (the Policy) to replace the existing Council policy 048: Loans at Attachment A.

EXECUTIVE SUMMARY

A review of Council Policy 048 – Loans has been undertaken, and having been updated to the new Council policy format and with minor amendments made for readability and clarity, a revised Council policy: Loan Facilities (the Policy) (Attachment B) is now presented to Council for endorsement.

BACKGROUND

Council Policy 048: Loans was last reviewed in January 2018 with changes made relating to the criteria for Self Supporting Loan applications. Other minor changes made included acknowledgment of the Long Term Financial Planning process and changes in respect to Financial Ratios.

 

The City has developed and implemented a Policy Framework, which sets out the intent of Council policies, as opposed to operational documents such as Operational Practices and Guidelines. Council Policy 048: Loans has been reviewed by officers in this context and having been revised to ensure its ongoing relevance to the City’s strategic objectives, has been transferred into the new Council policy template and minor amendments made for readability, is now presented for endorsement.

OFFICER COMMENT

Officers have completed a review of the Policy with changes being made to acknowledge the relevance of this Policy in regard to the Integrated Planning Framework and also to ensure no loan facility should cause the City to be outside of the recommended financial ratios pertaining to debt.

Self-Supporting Loans

Council policy 048: Loans stated that it did not apply to self-supporting loan facilities, then went on to outline what would be considered in a self-supporting loan application, creating confusion. For clarity, officers have amended this and more clearly outlined the criteria in which an application for a self-supporting loan may be considered.


Purpose and Scope

Amendments have been made to streamline the Policy purpose as well as provide a clearer scope to guide the reader. Reference to intergenerational funding and equity when considering loans has also been included.

Financial Ratios Guideline

Reference has been made to give due regard to the Department of Local Government Sport and Cultural Industries (DLGSC) Operational Guideline 18 – Financial Ratios. This Guideline sets out basic and advanced standards for local governments in relation to a variety of key ratios.

 

In particular, the Debt Service Cover Ratio (Debt Ratio) is arrived at by calculating the annual operating surplus before interest and deprecation divided by principal and interest. A basic standard as recommended by DLGSC is 2.0.

 

These proposed changes to the Policy provide a more contemporary and prudent policy to ensure financial responsibility in relation to loan funding.

Statutory Environment

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

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the 2017 Governance Service Review. The framework sets out the intent of Council policies, as opposed to operational documents such as Operational Practices.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

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 risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could:

1.    Recommend that the Policy remain unchanged;

2.    Recommend alternative amendments; or

3.    Recommend that the Policy be withdrawn.

CONCLUSION

The Policy is presented for Council endorsement, and has been updated to the new Council policy format, with minor amendments made for readability and clarity. Amendments made include acknowledging the relationship to the integrated planning framework and financial ratios pertaining to debt.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of Council adoption.

 


Policy and Legislation Committee

25

29 July 2020

6.2

Attachment a

Council Policy 048 - Loans

 


 


Policy and Legislation Committee

27

29 July 2020

6.2

Attachment b

Council Policy: Loan Facilities (Proposed)

 


 


Policy and Legislation Committee                                  30                                                                        29 July 2020

6.3             REVIEW OF COUNCIL POLICY: COMPLAINTS HANDLING

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Policy

BUSINESS UNIT

Information Services

REPORTING OFFICER

Manager Information Services - Kris Davis

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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   Council Policy: Complaints Management (Proposed)

Attachment b    Council Policy 012: Complaints Handling (Current)  

OFFICER RECOMMENDATION

That the Council adopts the revised policy Complaints Management at Attachment A to replace the existing Council policy ‘012: Complaints Handling’ at Attachment B.

EXECUTIVE SUMMARY

This report presents a revised Council policy: Complaints Management (Attachment A) (the Policy), with officers recommending it replace the existing Council policy 012: Complaints Handling (Attachment B).

BACKGROUND

Council policy 012: Complaints Handling was implemented on 24 April 2012 (C1204/104) as a guide for Council and the City to manage complaints. The policy underwent a review on 12 October 2016 (C1610/095) at which time a reference to dealing with vexatious and/or malicious complainants was removed.  The reason for this change was officers considered that the complaint investigation process will determine whether or not a complaint is substantiated. Identifying a complaint as vexatious or malicious was considered to be unnecessary and would not add to the process or assist to uphold the objectives of the Policy. 

 

An operational practice and procedure (CUS 100 Complaints Handling Practice and Procedure) (the OPP) was developed by officers in 2012, and was the basis for a training program for City staff. A complaint register and a reporting mechanism was also established to improve complaints handling.

 

In 2017, as part of the regular practice of reviewing Council policies, a review was carried out on Council policy 018: Customer Service. It was established that the contents of this Customer Service policy would be more appropriately contained as a separate charter. At its Ordinary Meeting on 28 June 2017, Council resolved (C1706/154) to cancel Council policy 018: Customer Service and adopt the Customer Service Charter (the Charter) in its place. The Charter, in conjunction with Council policy 012: Complaints Handling and the OPP, provide overarching guidance for customer service provision across the City, including in the management of complaints.


 

OFFICER COMMENT

The Policy has been transferred into the new Council policy template and reviewed by officers with the intent of refining the policy statement in accordance with the recommendations of the 2017 Governance Service Review (GSR). The Policy has been retitled “Complaints Management”, which is considered a more appropriate description of the purpose and scope of the Policy.

Purpose and Scope

The Policy’s purpose and scope remains substantially the same, with the wording having been refined to provide greater clarity.

 

The Policy reflects the City’s strategic intent and approach to customer service and the management of complaints. The addition of the words “timely, impartial and equitable” emphasises the importance of complaint resolution as being “crucial to ensuring the delivery of quality services”.

 

Additionally, the statement “Council and the CEO will support and promote a culture where complaints are seen as opportunities to learn and improve service delivery” is intended to focus the Policy, and directs Councillors and officers to act in accordance with a culture that values continuous improvement and quality service provision.

Operational Detail

Council policy 012 Complaints Handling contains a significant amount of detail which is already contained in, or is better suited to, operational practices and procedures, or other relevant documentation, including the Customer Service Charter, or the Elected Members and Employees Codes of Conducts. This operational detail has been removed from the Policy, maintaining the separation between the City’s policy and operational documents. 

Statutory Environment

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

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the GSR. The framework sets out the intent of Council policies, as opposed to operational documents such as operational practices and work procedures.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

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 risks of a medium or greater level have been identified.


Options

As an alternative to the proposed recommendation the Council could:

1.    Require further amendments to the Policy.

2.    Retain the Policy in its current form.

CONCLUSION

The Policy has been transferred into the new Council policy template and reviewed by officers with the intent of refining the Policy and is presented for Council’s consideration and endorsement.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of adoption.


Policy and Legislation Committee

32

29 July 2020

6.3

Attachment a

Council Policy: Complaints Management (Proposed)

 


 


Policy and Legislation Committee

36

29 July 2020

6.3

Attachment b

Council Policy 012: Complaints Handling (Current)

 


 


 


 


Policy and Legislation Committee                                  38                                                                        29 July 2020

6.4             REVIEW OF COUNCIL POLICY: ELECTED MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policy

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Executive Assistant to Council - Lisa Haste

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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   Elected Member Training and Professional Development Policy

Attachment b    Elected Member Training and Professional Development Policy - marked up version  

 

OFFICER RECOMMENDATION

That the Council adopts the revised Council Policy: Elected Member Training and Professional Development, as per Attachment A.

EXECUTIVE SUMMARY

This report presents a revised ‘Elected Member Training and Professional Development’ Council Policy (Attachment A) (the Policy) for Council approval. The Policy inclusive of tracked changes is included at Attachment B to highlight the recommended amendments.

 

With a number of training and development opportunities spanning over multiple years, or costing more than the shared annual allowance, changes have been made to the Policy to allow for the allowance to be rolled over into the next financial year, allowing Elected Members the opportunity to undertake a broader range of professional development opportunities.

BACKGROUND

The Policy was last reviewed on 24 April 2019 as a result of the Governance Service Review. Changes included the removal of the ability for unused funds to be carried forward into the next financial year. Since then, however, professional development opportunities have been recognised which exceed the specified annual allowance and are carried out over a number of years. In response, officers have informally discussed with Council the ability to isolate unspent funds from a financial year, for use in the next one, and are now formally proposing a change to the Policy to allow for this.

OFFICER COMMENT

The Policy has been amended to allow for unspent funds from one year to be held in the reserve and used in the following financial year, with no more than two financial years’ worth of the allowance to accrue. To assist in managing this, the Policy has also been amended to provide for a fixed allowance of $3,000 per Elected Member per financial year. This was discussed as an option when the Policy was last reviewed and rejected due to the unknown costs of mandatory training that needs to be undertaken by new or re-elected members. 


 

Six Elected Members are currently completing the mandatory training, at a total cost to date of $6,262.35. This has been through a combination of face to face and online delivery.  Four of the five modules are now available online and the fifth one will be available shortly. Each online module has a cost of $195, with future costs not expected to exceed $975 per Elected Member, on the basis of WALGA continuing with this mode of delivery.   

 

An amount of $3,000 per annum, with the ability to roll over unspent funds to the next financial year, is recommended as adequate to provide for both mandatory and ongoing professional development needs. In order to facilitate this change, officers have expanded the purpose of the Professional Development Reserve to include Elected Members. The Elected Members’ Funds will be partitioned off from City Officer’s funds in the Reserve.

Statutory Environment

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

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the Governance Services Review carried out in 2017.  The framework sets out the intent of Council policies, as opposed to operational documents such as staff management practices and operational practices.

Financial Implications

Adoption of the Policy has no immediate budget implications, with the City’s annual budget containing an amount to meet the Policy requirements. The cost of mandatory training is now known and, with the ability to use the unspent allocation of funds in the next financial year, the opportunity to participate in a greater range of training and development is enhanced.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

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 risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could choose not to specify a monetary figure for the allowance per financial year and instead continue to define allowance as an equal share of the total budget.

CONCLUSION

The proposed amendments to the Policy provide greater flexibility to Elected Members in accessing a greater range of professional development and training opportunities.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be place on the City’s website within one week of Council adoption.


Policy and Legislation Committee

41

29 July 2020

6.4

Attachment a

Elected Member Training and Professional Development Policy

 


 


 


Policy and Legislation Committee

44

29 July 2020

6.4

Attachment b

Elected Member Training and Professional Development Policy - marked up version

 


 


 


Policy and Legislation Committee                                  49                                                                        29 July 2020

6.5             PARKING LOCAL LAW 2020

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Local Laws

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Legal Officer - Briony McGinty

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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   Current Local Law with Mark-ups

Attachment b    Proposed Local Law  

 

OFFICER RECOMMENDATION

That the Council:

1)    Commences the law-making process for the City of Busselton Parking Local Law 2020, the purpose and effect of the local law being as follows:

Purpose: To regulate and control the movement and parking of vehicles throughout the district.

Effect: To provide a well-regulated parking environment for all persons in the district.

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

(a)  Giving Statewide public notice and local public notice of the Parking Local Law; and

(b)  Giving a copy of the Parking Local Law and public notice to the Minister for Local Government.

3)    Directs the CEO, after the close of the public consultation period, to submit a report to the Council on any submissions received on the Parking Local Law to enable the Council to consider the submissions made and to determine whether to make the local law in accordance with section 3.12(4) of the Local Government Act 1995.

EXECUTIVE SUMMARY

The Local Government Act 1995 (the Act) requires that local laws be reviewed every 8 years. The City’s Shire of Busselton Parking Local Law (Current Local Law) was gazetted in 2011 and is due for review. The City has prepared an updated version which incorporates recent legislative changes impacting on the local law as well as updating infringement penalties which have not been amended for nearly 9 years.

 

It is recommended that the Council initiate the law-making process and authorise the CEO to commence advertising the proposed City of Busselton Parking Local Law 2020 (Parking Local Law), which would repeal the Current Local Law and replace it with the Parking Local Law.

 

BACKGROUND

Section 3.16 of the Act requires that local laws be reviewed every 8 years. The Current Local Law was gazetted on 30 November 2011 and came into effect shortly thereafter. Since that time, there have been some minor changes to state legislation relating to the regulation of motor vehicles, which impact on the Current Local Law.

 

Both the Current Local Law and the Parking Local Law are based on the relevant WALGA model that, among other things, ensures these local laws are consistent with WA road traffic laws, including the Road Traffic Code 2000.

The Parking Local Law seeks to provide the City with the ability to effectively regulate and control the movement and parking of vehicles throughout the district in order to provide a well-regulated parking environment for all persons in the district.

OFFICER COMMENT

The Current Local Law has operated effectively since its gazettal. The Current Local Law is based on the WALGA model but was modified to accommodate the particular circumstances of the locality. WALGA have not amended their model local law during this time. However, during its internal review, City officers have identified five instances where amendments to the local law should be made.

(1)       The Local Government (Parking for People with Disabilities) Regulations 2014 (the Regulations) governs parking for people with disabilities. The terminology in the Regulations applying to disability parking permits has been amended necessitating minor amendments to the local law. Further, the Regulations provide for infringements for people who contravene disabled parking provisions. Therefore, the equivalent offence provisions contained within the Current Local Law are redundant and can be removed. 

(2)       Similarly, the definition of “taxi” has been moved to the Road Traffic Code 2000.

(3)       Clause 3.1(5) of the Current Local Law, which creates the offence of parking a motorcycle or bicycle in a parking stall, has been removed. This clause is not currently enforced by rangers and, in relation to bicycles, presents obvious difficulties in the identification of offenders.

(4)       The modified penalties for offences have not been updated since the Current Local Law’s inception in 2011. Some modified penalties in the Parking Local Law have not seen an increase, there have been minor increases in some modified penalties (which is still below a CPI increase over the relevant period), and some offences have seen a moderate increase due to their potentially more significant impact on safety or amenity.

(5)       References to “Shire” should be updated to “City”.

City officers also considered introducing clauses to provide for residential parking permits. Currently, there are only two known properties within the district with no off-street parking. There is on-street parking available to these two properties, however, it is timed parking. The residents of the two properties have provided their vehicle registration numbers to the City and rangers manage this issue administratively. If the City were to introduce a residential parking permit system, this would require significant amendments to the local law and would need to be accompanied by a policy to guide decision-making under those provisions of the local law. It would also create a right of review for those people who are aggrieved by a decision to refuse a residential parking permit. Given the small number of properties affected, and the ease with which rangers can manage the situation, the introduction of residential parking permits is not recommended at this stage.

Given the small number of proposed changes to the Current Local Law, the City considered whether the changes should be made via an amendment local law or creating a new local law. Largely for administrative ease, it is considered that a new local law is preferable.


It is simpler to draft (thus avoiding referencing errors in the amendments) and circumvents future challenges regarding the preparation of consolidated local laws.

Attachment 1 is the Current Local Law showing the suggested changes as mark-ups. Attachment 2 is the Parking Local Law which would be advertised for comment if the officer recommendation is accepted.

Statutory Environment

Local Government Act 1195

Section 3.5 of the Act provides Council with the head of power for making local laws, which stipulates:

A local government may make Local Laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.

The procedure for making local laws is set out in sections 3.12 to 3.17 of the Act and regulation 3 of the Local Government (Functions and General) Regulations 1996 (WA). The person presiding at a Council meeting is to give notice of the purpose and effect of a proposed local law by ensuring that:

·    the purpose and effect of the proposed local law is included in the agenda for that meeting; and

·    the minutes of that Council meeting include the purpose and effect of the proposed local law.

The purpose and effect of the Parking Local Law is as follows:

Purpose

To repeal Shire of Busselton Parking Local Law and to extend to the Council the ability to regulate and control the movement and parking of vehicles throughout the district.

Effect

To provide a well-regulated parking environment for all persons in the district.

Statewide and local public notice is to be given by advertising  the Parking Local Law in accordance with the requirements of sections 3.12(3) and (3)(a) of the Act. The submission period must run for a minimum period of six weeks after which Council, having considered any submissions received, may resolve to make the local law as proposed or make a local law that is not significantly different from what was proposed.

The Local Government Act Review has led to amendments to the requirements and particulars for public notice under sections 1.7 and 1.8 of the Act. The changes are awaiting proclamation pending finalisation of regulations covering public notice requirements. Should the amendments be proclaimed during this period, appropriate modifications to the process will be adopted.

Parliamentary Scrutiny

Section 42 of the Interpretation Act 1984 allows the WA State Parliament to disallow a local law, which is a mechanism to guard against the making of subsidiary legislation that is not authorised or contemplated by the empowering enactment, has an adverse effect on existing rights or ousts or modifies the rules of fairness. Parliament has appointed the Joint Standing Committee on Delegated Legislation (JSC) which is a committee of State politicians from both houses of the Western Australian Parliament, to undertake an overseeing role on its behalf, which includes the power to scrutinise and recommend the disallowance of local laws to the Parliament. After gazettal, a copy of the Parking Local Law will be sent to the JSC who will examine the local law and determine whether or not it complies with abovementioned criteria.

Relevant Plans and Policies

The City of Busselton Consolidated Parking Scheme determines parking stalls, parking stations and parking areas created under the Current Local Law. Where a sign has been erected to give effect to a determination under the Current Local Law, it is deemed to have been erected by the local government under the Parking Local Law and will continue to have effect.

Financial Implications

Costs associated with the advertising and gazettal of the Parking Local Law will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose.

 

In terms of the increase in modified penalties, the City is unlikely to see any significant increase in income, given the City’s approach to its regulatory functions. Proposed increases are minor and based on a review of the City’s existing amounts and a comparison of other southwest local governments.

 

Making and implementing the Parking Local Law should not have any other financial implications for the City.

Stakeholder Consultation

Should Council resolve to commence the process of making the Parking Local Law, public submissions will be invited as part of the statutory consultation process prescribed under sections 3.12(3) and (3a) of the Act.

 

The submission period must run for a minimum period of 6 weeks after which, the Council having considered any submissions received, may resolve to adopt the proposed local law or a law which is not significantly different.

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 risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could choose to vary the provision of the Parking Local Law in any number of ways. However, for the reasons outlined in this report, the Parking Local Law is the form of local law recommended at this stage.

 

There will be further opportunity for considering and making changes to the Parking Local Law following the public consultation process outlined above, provided the changes are not significantly different from what is currently proposed. If any changes are of a significant nature the Parking Local Law would need to be re-advertised.

CONCLUSION

The Current Local Law requires review. It is outdated and should be repealed and replaced by an updated local law in line with current needs, expectations and operational requirements. The Parking Local Law will provide the City with adequate and effective controls for the purpose of managing and regulating parking throughout the district. 


 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Within two weeks of the Council decision to commence the law-making process, the Parking Local Law will be advertised for public comment. The statutory consultation period is a minimum of six weeks and following the close of the advertising period a report will be submitted to the Council for further consideration which, depending on the number and nature of submissions received, could be within three months.

 


Policy and Legislation Committee

78

29 July 2020

6.5

Attachment a

Current Local Law with Mark-ups

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

94

29 July 2020

6.5

Attachment b

Proposed Local Law

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee                                  107                                                                     29 July 2020

6.6             RECISSION OF COUNCIL POLICY: SHELTERS AND STRUCTURES ON LOCAL GOVERNMENT PROPERTY

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

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   CP246: Shelters and Structures on Local Government Property  

 

OFFICER RECOMMENDATION

That the Council rescinds Council Policy 246: Shelters and Structures on Local Government Property (Attachment A), effective immediately.

EXECUTIVE SUMMARY

This report recommends the rescission of Council policy 246: Shelters and Structures on Local Government Property (the Policy) (Attachment A), with the Policy having been reviewed as part of the City’s overall review of its Council policies. It is recommended the Policy be rescinded as it has been determined by officers that the Policy is not strategic in nature and, as such, should be administered by the City as an Operational Practice.

BACKGROUND

In 2015, Council received a petition in relation to the semi-permanent placement of shelters on beaches for the duration of the summer period. Council did not support the placement of shelters for private use on beaches overnight. A policy that supported Council’s position was developed and endorsed in March 2016. 

 

The objective of the Policy was to provide consistent enforcement of the Council’s position in relation to structures on beaches. The Policy sought to keep beaches a part of the natural environment, whilst still facilitating the use of structures which were required as part of other authorised events.

 

The Policy was reviewed in April 2017, with the main changes being to provide greater clarity in the management of structures erected on local government property. Definitions were amended and information relating to the removal of unauthorised structures was included. The reviewed Policy continued to support Council’s position on the management of structures.

 

Officers have again reviewed the Policy in accordance with the City’s policy review schedule and have found its contents to be more aligned to the functions already undertaken by officers in their administrative capacities.

 

The City has implemented a Policy Framework document, the purpose of which is to provide a structure for the development and maintenance of documents intended to guide the City’s approach to decision making, namely Council Policies, Operational Practices, Work Processes and Guidelines.

OFFICER COMMENT

The Policy, underpinned by the City of Busselton Local Government Property Local Law 2010, prohibits the retention of structures (including beach shades and windbreaks) on beaches overnight without the owner first obtaining a permit from the City.

 

Clause 3.14 of the City of Busselton Property Local Law 2010 states:

                (3) A person must not without a permit –

…(b) erect any tent, camp, hut or similar structure on local government property other than a beach shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day.

 

The Policy refers to the use of structures which are required as part of other authorised activities, such as events, by stating:

                …applications for the retention of other structures on local government property overnight            will form part of the event application process…

 

The management of structures on local government property is embedded in existing administrative practices and procedures, including the evaluation and approvals process of permit applications and the evaluation and approvals process of event applications. In addition, an internal guideline that sits within the Ranger and Emergency Services Activity Unit deals with the removal of structures.

 

Under the City’s policy framework structure, a Council policy should provide a strategic statement of the Council’s direction. Following a review of the Policy, it has been determined by officers that its content provides information more aligned to the administrative function of issuing permits, and the operational function of dealing with unauthorised/abandoned structures on local government property and particularly the beach, rather than a strategic statement or direction of the Council.

Statutory Environment

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

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

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 risks of a medium or greater level have been identified.


 

Options

As an alternative to the proposed recommendation, the Council could:

1.    Retain Council Policy 246: Shelters and Structures on Local Government Property; and

2.    Ask that officers present a revised policy for the Council’s consideration at a later point in time.

CONCLUSION

Following a review of the Policy, it has been determined by officers that the Policy is not strategic in nature, and is already being administered by the City through existing processes and procedures. This report recommends the Policy be rescinded.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If the Officer Recommendation is endorsed by the Council, the Policy will be immediately rescinded.


Policy and Legislation Committee

111

29 July 2020

6.6

Attachment a

CP246: Shelters and Structures on Local Government Property

 


 


Policy and Legislation Committee                                  112                                                                     29 July 2020

6.7             PROPOSED CLIMATE CHANGE POLICY AND REVIEW OF ENVIRONMENT POLICY

STRATEGIC GOAL

3. ENVIRONMENT Valued, conserved and enjoyed

STRATEGIC OBJECTIVE

3.4 Climate change risks and impacts are understood, acknowledged and responded to through appropriate planning and community education.

SUBJECT INDEX

Policy

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Senior Sustainability/Environment Officer - Mathilde Breton

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

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   Draft Climate Change Policy

Attachment b    WALGA  Climate Change Policy Statement

Attachment c    Environment Policy (Draft Tracked Changes)  

 

OFFICER RECOMMENDATION

That the Council:

1.    Adopt the Climate Change Policy as shown at Attachment A; and

2.    Adopt the (Revised) Environment Policy as shown at Attachment C.

EXECUTIVE SUMMARY

This reports presents a draft Council Climate Change Policy (Policy) (Attachment A) for consideration, in response to a made at Council’s 22 April 2020 meeting. The Policy is consistent with the Western Australian Local Government Association (WALGA) Policy Statement on Climate Change (WALGA Statement) (Attachment B), adapted to the City’s policy template, governance framework and context in terms of the climate change related challenges facing the City. Consequential changes to the Council’s Environment Policy are also recommended (see Attachment C).

BACKGROUND

At its 22 April 2020 meeting, Council resolved (C2004/001):

That the Council:

1.    Signs the Western Australian Local Government Association Climate Change Declaration (Attachment A);

2.    Continues to support the community in reducing the impacts of climate change and their greenhouse gas emissions; and

3.    Request that Officers draft a City of Busselton Council Policy, ‘Climate Change’, which is to be consistent with the Western Australian Local Government Association Policy Statement on Climate Change (Attachment B) and present to Council for endorsement by 31 July 2020, subject to public accessibility to the meeting being possible.

 


 

With regard to Resolution 1 above, it is expected that the City will sign the WALGA Climate Change Declaration by July 2020. Due to COVID-19 restrictions, there had been difficulties obtaining the hard copy Climate Change Declaration signed by WALGA (for subsequent signing by the Mayor, on behalf of the City).

 

With respect to Resolution 2 above, work continues on a number of fronts, including through encouragement of active transport and coastal adaptation work.

 

With regard to Resolution 3 above, the WALGA Statement, which the Policy reflects, was endorsed by WALGA State Council on 4 July 2018, following consultation with member local governments. It represents the consolidated view of the local government sector and forms the basis of WALGA’s climate change advocacy.

 

The WALGA Statement sets out that:

•    Local Government acknowledges:

–   The science is clear: climate change is occurring and greenhouse gas emissions from human activities are the dominant cause.

–   Climate change threatens human societies and the Earth’s ecosystems.

–   Urgent action is required to reduce emissions, and to adapt to the impacts from climate change that are now unavoidable.

–   A failure to adequately address this climate change emergency places an unacceptable burden on future generations.

•    Local Government is committed to addressing climate change.

•    Local Government is calling for:

–   Strong climate change action, leadership and coordination at all levels of government.

–   Effective and adequately funded Commonwealth and State Government climate change policies and programs.

The current WALGA Statement was updated from an earlier 2009 version to take account of developments in the scientific understanding of climate change, international and national political developments, and the perception of an increasing urgency for effective climate change adaptation and mitigation action.

 

Prior to the adoption of the WALGA Statement, the City had expressed its support through the South-West WALGA Zone, as well as through the 2016 adoption of the Environment Strategy (see ‘Relevant Plans and Policies’). The City has also been and remains pro-active in both the climate change mitigation and adaptation spaces. Mitigation effort includes continued roof-top solar roll-out, reflected in the Energy Strategy. Adaptation effort includes the development of the City’s ‘Coastal Adaptation Strategy’, recognising that the City is highly vulnerable to coastal processes and sea level rise.

OFFICER COMMENT

The report considered by Council in April contains further background and rationale for developing a Climate Change Policy. Given that, and given that the Council Resolution explicitly asks for presentation of a draft policy, consistent with the WALGA Statement, there is not seen to be a further need to set out a rationale for such a policy in this report. The focus here, therefore, is on explaining how officers have sought to reflect the WALGA Statement in a policy consistent with the City’s policy template, governance framework and context.

The operative part of the Policy (i.e. the ‘Policy Statement’) consists of three parts, each briefly described below:

1.         The WALGA Climate Change Declaration (which forms part 1.0 of the WALGA Statement) is replicated in 5.1-5.3, with the word ‘City’ replacing the words ‘Local Government’. The Declaration was carefully worded to represent the views of the local government sector in WA, and the ‘acknowledgement’ component is also reflective of the stated policy positions of both government and opposition parties at both State and Federal level over a considerable period of time. 5.1 is a broad statement of intent, and inclusion in the Policy to reflect the WALGA Statement is seen as important.

2.         5.4 seeks to identify and recognize the climate change related risks that are or may have a significant impact on the City, its residents and ratepayers. The aim is to make the Policy a little more ‘real’, rather than simply talking about climate change in the abstract. It should be noted that most, if not all, of the identified risks, are risks that exist even in the absence of climate change, but which would be made more acute by climate change. The risks identified, are as follows (and which have been identified through numerous studies in the past):

a.         Coastal erosion and inundation;

b.         Bushfire;

c.         Extreme weather events (storm, cyclone, heatwave, drought, flood);

d.         Water availability, for both human and environmental use;

e.         Changes to wetlands and waterways;

f.          Loss of biodiversity;

g.         Human health impacts (due to, amongst other things, an increase in vector-borne diseases and heatwaves); and

h.         Increased transport and energy costs (due to efforts to mitigate climate change).

3.      5.5 indicates the City’s support for the WALGA Statement more broadly, including the important advocacy role that local governments and WALGA can play on behalf of local communities – but without directly including that content in the City’s own policy.

The City has developed and implemented a policy framework, which sets out the intent of Council policies, as opposed to operational documents such as Operational Practices and Guidelines. Given the City’s policy framework and context, it was not considered appropriate to include further detail within a policy document.

Statutory Environment

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


Relevant Plans and Policies

The Officer Recommendation aligns to the following adopted plans or policies:

- Environment Policy (2018), sets out that, inter alia:

5.2 The City will maintain an Environment Strategy to provide direction on how the City will meet the environmental aspirations of the community, as set out in the Strategic Community Plan, and to guide the City’s activities.

- City of Busselton Environment Strategy (2016) includes:

Strategic Action 4.6 “Develop a climate change declaration for the City.

- City of Busselton Energy Strategy (2019) sets out that, inter alia:

Vision: “Minimise energy costs and greenhouse gas emissions, through using energy as efficiently as possible and optimising our approach to generation and use of renewable energy, and to maximise returns to ratepayers through becoming a net energy generator”.

Targets:

·   To generate 100% of the City of Busselton electricity needs from renewable sources by 2030.

·   To reduce City of Busselton corporate carbon emissions per capita to 50% on 2017/18 levels by 2030.

·   Develop efficiency targets for fleet and plant by 2025.

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the 2017 Governance Services Review. The framework sets out the intent of Council policies, as opposed to operational documents such as Operational Practices.

Financial Implications

There are no financial implications associated with the Officer Recommendation. Implementation of climate change mitigation and adaptation measures can, however, have financial implications, both positive and negative. For instance, should the Council choose to move to an ongoing and more widespread FOGO bin service, there would be costs associated with doing so. Or, in another context, if the City failed to protect infrastructure from coastal processes and sea level rise (i.e. coastal erosion and inundation, salinisation of groundwater), there would be associated costs (and also costs associated with protection, if the Council had chosen to do that).

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter. Council Resolution C2004/001, which requested officers prepare a Climate Change Policy, was in response to a petition received by the Council in February 2020. The resolution of the Council set a timeframe for presentation of this report, which was to allow the Policy to be presented to Council once public accessibility to meetings becomes possible due to COVID-19 restrictions being lifted, as is now the case. That was in acknowledgment of the public interest in the matter of climate change.

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.    Amend the wording of the Policy.

2.    Decide not to endorse a Climate Change Policy, but this would be contrary to Council Resolution C2004/001.

CONCLUSION

Having a Climate Change Policy will signal even more clearly than is currently the case that the City takes the issue of climate change seriously and is committed to reducing and managing the impacts it is having on its operations and community. It also provides a clearer framework to support the extensive climate change mitigation and adaptation work already underway.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If adopted by the Council, the final Policy will be uploaded onto the City’s website within 14 days of Council resolution.  


Policy and Legislation Committee

119

29 July 2020

6.7

Attachment a

Draft Climate Change Policy

 


 


 


Policy and Legislation Committee

134

29 July 2020

6.7

Attachment b

WALGA  Climate Change Policy Statement

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

136

29 July 2020

6.7

Attachment c

Environment Policy (Draft Tracked Changes)

 


 


Policy and Legislation Committee                                  137                                                                     29 July 2020

6.8             LOCAL PLANNING POLICY REVIEW - REVOCATION OF LPP 1.4, LPP 6.2 AND LPP 6.3; INITIATION OF REVISIONS TO LPP 1.3 AND LPP 6.1; AND INITIATION OF NEW LPP ** : ADVERTISING SIGNS

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

2.3 Creative urban design that produces vibrant, mixed-use town centres and public spaces.

SUBJECT INDEX

Development Control Policy

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

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   LPP 1.4 : Single Dwelling Design

Attachment b    LPP 6.2 : Drainage Infill Contributions

Attachment c    LPP 6.3 : Mosquito Control

Attachment d   Current LPP 1.3 : Private Jetties and Boat Lifting Structures

Attachment e    Proposed LPP 1.3 : Private Jetties and Boat Lifting Structures - Amended

Attachment f    Current LPP 6.1 : Stormwater Management

Attachment g   Proposed LPP 6.1 : Stormwater Management - Amended

Attachment h   Proposed LPP ** : Advertisements and Advertising Signs - New  

 

OFFICER RECOMMENDATION

That the Council:

1.         Revokes the following Local Planning Policies as set out below:

(a)       LPP 1.4 : Single Dwelling Design (Attachment A);

(b)       LPP 6.2 : Drainage Infill Contribution (Attachment B); and

(c)       LPP 6.3 : Mosquito Control Contribution (Attachment C).

2.          Advertise the notice of revocation in a newspaper circulating within the Scheme area in accordance with clause 6 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

3.         Initiates for the purposes of public consultation the following amended Local Planning Policies as set out below:

(a)       LPP 1.3 : Private Jetties and Boat Lifting Structures (Attachment E); and

(b)       LPP 6.1 : Stormwater Management (Attachment G).

4.          Initiates for the purposes of public consultation a new Local Planning Policy – LPP ** : Advertisements and Advertising Signs (Attachment H); and

5.          Advertise the initiated Local Planning Policies in a newspaper circulating within the Scheme area for four weeks in accordance with clause 6 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

EXECUTIVE SUMMARY

The City is undertaking a comprehensive review of all its local planning policies (LPPs). It is proposed, as part of this report, that the following LPPs be revoked for the reasons outlined within this report:

·        LPP 1.4 : Single Dwelling Design; and

·        LPP 6.2 : Drainage Infill Contribution; and

·        LPP 6.3 : Mosquito Control Contribution.

In addition to the above, it is proposed that amendments to the following LPPs be initiated for the purposes of public consultation:

·        LPP 1.3 : Private Jetties and Boat Lifting Structures; and

·        LPP 6.1 : Stormwater Management.

Furthermore, it is proposed that a new LPP be initiated for the purposes of public consultation:

·        LPP ** : Advertisements and Advertising Signs.

It is noted that since the previous report to the Council on the LPP review, the numbering of the LPPs has been changed. The change was administrative only and therefore no resolution by Council was required.

BACKGROUND

The Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) provide that LPPs may be prepared by a local government in respect of any matter relating to planning and development within the City of Busselton Local Planning Scheme No. 21 (Scheme) area.

 

The intention of an LPP is to provide guidance to applicants/developers and the community in regard to the decision-making process, as well as to the local government when exercising discretion under the Scheme. LPPs must be consistent with the intent of the relevant Scheme provisions, including the State Planning Policy 7.3 - Residential Design Codes (R-Codes), and cannot vary development standards or requirements set out in a Scheme or impose any mandatory requirements upon development.

 

LPPs are to be given due regard in the assessment of development applications and are listed as a “matter to be considered” when making a determination of a development application under clause 67 of Schedule 2 of the Regulations.

 

In March 2019, the City commenced the first stage of the LPP review. This stage was policy neutral and did not alter the intent or provisions within the LPPs, however the LPPs were re-formatted into an easier-to-read template, taking the LPPs from a single manual structure and separating them into individual policies. These changes were adopted by Council at its meeting on 27 March 2019 (C1903/053).

 

The City has now commenced the second stage of the review process and is currently reviewing the content and relevance of all LPPs. Due to the number of LPPs and the complexity of issues which need to be addressed, this review has been broken down into a number of stages. It is proposed as part of this report that a number of LPPs be revoked, amended or initiated. A comprehensive description of each of the LPPs being considered is set out in the officer comment section of this report.


OFFICER COMMENT

1.   Policies Recommended For Revocation

LPP 1.4 : Single Dwelling Design

In 2007, the Council endorsed an LPP that combined the former ‘Dual Occupant Development’ and ‘Residential Development’ policies into a single policy, the ‘Residential Design Guidelines’ policy. This policy was created to deal with a number of issues relating to residential development not covered by the R-Codes, including clarifying what constitutes a single dwelling. At the time, it was considered that the planning and building framework did not adequately define what constitutes a single dwelling (i.e. the distinction between a ‘Single House’ and a ‘Grouped Dwelling’ was unclear) and therefore it was considered necessary to introduce a policy clarifying the matter.

 

Under the R-Codes, there are three main types of ‘Dwellings’ being ‘Single House’, ‘Grouped Dwelling’ and ‘Multiple Dwelling’. These types of ‘Dwellings’ are defined within the R-Codes and, under clause 25 of Part 4 (General development requirements) of the Regulations, these definitions are to be read as part of the Scheme. They therefore have the same weight as land use definitions within the Scheme.

 

A recent State Administrative Tribunal (SAT) case, Corp and Town of Cambridge [2019] WASAT 65, dealt with this matter in relation to the land use classification of a dwelling. This case dealt with a development application that was refused by the Town of Cambridge, with one of the reasons for refusal being that the design of the dwelling resulted in it being considered to be two dwellings. The dwelling proposed two ‘wings’, each with a kitchen, living room, bathrooms and bedrooms, and therefore was considered by the Town to be two Grouped Dwellings (which was not permissible, as the minimum lot sizes for each dwelling at that density were unable to be met). While the dwelling proposed some shared elements, being a shared entry, laundry and garage, it was considered by the SAT that this was not sufficient for the dwelling to be considered a Single House, as the manner in which the dwelling would function was that of two separate dwellings. The case found that:

 

There are no set criteria that are to be worked through in making an assessment of this type. There can be no fixed or rigid principles.  In each instance, it will be an evaluative judgment and each application will turn on its own facts.

 

The Corp decision referenced an earlier case in Victoria, Casey City Council v Kelly [2004] VCAT 1838, which found along the same lines:

 

It is not just the physical characteristics of development that will determine the purpose for which land is used but rather the way in which that development functions or is used that will determine its purpose.

 

When assessing a development application, it is considered that the definitions within the R-Codes are sufficient for the City to determine the use class of a development and, as per the Corp case (referenced above), each development is required to be assessed on a case–by-case basis. Therefore, it is considered that this Policy is redundant and should be revoked. It is proposed that the City’s understanding of what constitutes a ‘Dwelling’ (in plain English terms, with appropriate disclaimers) will be addressed by the City via an information sheet.

 

LPP 6.2 : Drainage Infill Contribution

In 2014, the Council adopted two new Local Planning Policy provisions - LPP 6.1 : Stormwater Management and LPP 6.2 : Drainage Infill Contributions Provisions (C1410/244). These LPPs replaced three earlier Council policies, namely 182/3 (Vasse Diversion Drain Contributions), 183/3 (Local Drainage Contributions) and 184/3 (Main Drain Contributions).

 

The ‘Building Code of Australia’ requires stormwater to be disposed of in a way that avoids the likelihood of damage or nuisance to any other property however it does not specify the rate at which the stormwater is required to be retained. 

 

LPP 6.2 was introduced to collect contributions in situations when stormwater could not be contained on site as in accordance with the volumetric requirements required under LPP 6.1 as the discharge of stormwater off-site placed additional pressure on the City’s Infrastructure.

 

In a practical sense, the City always requires compliance with the volumetric requirements of the deemed-to-comply criteria of LPP 6.1 and does not perform an assessment under the design principles of the Policy.  Furthermore, a number of issues arose from applying the contributions to development, including concerns regarding the consistency at which the contributions were applied and inadequate funds being collected to pay for the works necessary.  It is noted that for larger scale development or subdivision, District, Local or Urban Water Management Plan/Strategy provides for the management of stormwater to local government requirements. 

 

More importantly, however, Draft State Planning Policy 3.6 ‘Infrastructure Contributions’ (Draft SPP 3.6), which is a seriously entertained document, specifies that a monetary contribution for public utilities (which includes drainage works) is only permitted where the matter has been included in a Developer Contribution Plan (DCP). As the City has no DCP for drainage infill, when Draft SPP 3.6 is adopted in final form (which is understood to be imminent) no suitable head of power to require a monetary contribution for drainage works would be in place and, as such, LPP 6.2 would be invalid.

 

It is therefore proposed that LPP 6.2 be revoked and LPP 6.1 be amended to simplify the requirements and remove the ability for insufficient stormwater infrastructure to be provided on site.

 

LPP 6.3 : Mosquito Control Contribution

LPP 6.3 : Mosquito Control Contribution requires a contribution towards mosquito management to be paid at the time of subdivision/commencement of development for every additional lot or dwelling within the policy area. The purpose of this contribution was to enable the City to effectively plan for the provision or extension of mosquito control operations that were likely to be required as a consequence of development in the area.

 

The current contribution rate is $40.78 per additional dwelling/lot. The funds collected as part of this contribution have ceased to form part of the funding utilised for the City’s ongoing mosquito management activities. It is considered that the administrative burden on the City and applicants associated with collecting these developer contributions in disproportionate to the relatively low monetary value of this contribution. Furthermore, there is no consideration of contributions of this nature in draft SPP 3.6 and as the City has no DCP for this contribution, when Draft SPP3.6 is adopted in final form there would be no suitable head of power to require a monetary contribution for mosquito management and, as such, LPP 6.3 would be invalid.

 

It is, therefore, recommended that the Policy be revoked.


 

2.   Policies Recommended To Be Revised

LPP 1.3 : Private Jetties and Boat Lifting Structures

LPP 1.3 : Private Jetties and Boat Lifting Structures was adopted by the Council in 2011 and provides a framework for the assessment and approval of jetties and boat lifting structures within waterways. 

 

A number of amendments to LPP 1.3 are proposed including a number of formatting changes which are proposed to simplify and shorten the Policy. The main modification to the existing policy is to allow for the consideration of mechanical boat lifting structures. Currently, under part 4.2 ‘Boat Lifting Devices and Structures’, mechanical boat lifting structures (including davits) are not permitted. This provision was included in the Policy as at the time that the original Policy was endorsed in part because the Port Geographe Landowners’ Association did not support mechanical boat lifting facilities. 

 

It is proposed that the assessment criteria be updated so as to allow for the consideration of mechanical boat lifting structures where it can be demonstrated that the structure will not detrimentally impact on the amenity of adjoining owners or the navigability, accessibility and useability of the canal.  Given that davits are used to move larger type vessels from land to water, a provision has been included which specifies that davits will only be supported in ‘Marinas’ (as defined by the Scheme) where it can be demonstrated that the structure will not detrimentally impact on the amenity of the locality.

 

It is noted that noise from a development and land use, including but not limited to noise from the use of equipment and machinery (including the use of a boat lifting device), is to comply with the Environmental Protection (Noise) Regulations 1997.

 

The remainder of the key content contained within the Policy Statement section of the policy remains largely unchanged. However, the length of the policy has been reduced significantly through:

·        The inclusion of the term ‘Jetty’ within the listed interpretations to include a Finger, Floating Land backed and L or T shaped structure;

·        The amalgamation of individual Jetty provisions under the subheading ‘4.2 Jetties’ and the relocation of provisions under ‘4.1 General Provisions’;

·        The removal of the subheading ‘4.3 Consultation with adjoining landowners and community groups’; and

·        The removal of attachments on the basis that this information is able to be provided to applicants via an information sheet.

The draft Policy has been reviewed by a Senior Planning Project Officer from the Marine division of the Department of Transport, who expressed support for the changes, in particular the updated wording with reference to consideration of mechanical boat lifting structures.

 

LPP 6.1 : Stormwater Management

As mentioned above, in 2014 the Council adopted two new Local Planning Policy Provisions; LPP 6.1: Stormwater Management and LPP 6.2 : Drainage Infill Contributions Provisions (C1410/244). LPP 6.1 : Stormwater Management was introduced to provide guidance to the community and industry on standards for on-site stormwater management including volumetric requirements.

 

LPP 6.1 currently includes a deemed-to-comply criteria, and design principles, for on-site stormwater management for different types of development. Under the current Policy, where on-site stormwater management methods was not in accordance with the volumetric requirements of the deemed-to-comply criteria of the Policy, the Policy enabled an assessment against the relevant design principles and included a requirement for the payment of contributions in accordance with LPP 6.2.

 

The volumetric requirements for on-site stormwater management systems is unchanged from the current Policy requirements however as LPP 6.2 is proposed to be revoked, for the reasons outlined above, the ability to provide insufficient stormwater management on site as well as any reference to LPP6.2 within this Policy, has been removed. Therefore, it is proposed as part of this revised Policy that that all stormwater be contained on site for a 1-year Average Recurrence Interval (ARI) for Single Houses (and associated outbuildings) on lots less than 4,000m2, which equates to 1m3 of stormwater storage per 65m2 of impervious surfaces. For all other types of development on lots less than 4,000m2 all stormwater is required to be contained on site for a 5-year ARI, which equates to 1m3 of stormwater storage per 40m2 of impervious surfaces. The greater level of stormwater retention for development other than Single House is required, as generally these types of development have a larger proportion of impervious surfaces and therefore have a greater amount of stormwater run-off.

 

In some areas, lots are provided at the subdivision stage with a Drainage Property Connection which is a device used to discharge stormwater from a private lot directly into an integrated street conveyance and treatment system. In these instances, sufficient stormwater management systems in accordance with the rates prescribed under the policy are still required to be provided within the lot however the overflow from these systems may be directed into the Lot Drainage Connection should be installed provide a silt trap is provided to collect and remove waste.

 

For lots greater than 4,000m2, no set volumetric requirement is prescribed as it is considered that there is generally adequate setback and/or soft landscaped areas for the stormwater to be managed on-site without storage and infiltrations systems. Stormwater is still required to be contained on site such that it does not cause erosion to any building or adjoining properties. These standards are in keeping with the practices that are currently undertaken by the City.

 

It is therefore proposed that LPP 6.1 be amended to simplify the requirements and remove the ability for contributions to be made to allow stormwater infrastructure to lower standards to be provided on site.

 

3.   Recommendation For New Policy

LPP ** : Advertisements and Advertising Signs

Advertising Signs are defined under this Policy to include “permanent structure/s used for the purpose of advertisement, or to draw attention to, a product, business, person or event”. It is not proposed that this Policy be applicable to portable signs as these are controlled by the Activities in Thoroughfares and Public Places and Trading Local Law 2015 and guided by Council Policy - Portable Advertising Signs in Public Places.

Currently, the only controls applicable to Advertising Signs are contained with clauses 4.36.4, 4.41 and Schedule 11 – Exempted Advertising of the Scheme as outlined below:

·        Clause 4.36.4 outlines requirements for entry statements within the Rural and Viticulture and Tourism zones; and

·        Clause 4.41 outlines that Advertisements are prohibited if they advertise goods and services which are not produced, displayed or offered for sale, or which is otherwise not relevant to, the land upon which the advertisement is located; and

·        Schedule 11 includes specific types and requirements for Advertising Signs that if met are exempt under clause 6.1 Permitted Development of the Scheme from requiring development approval.

 

In the absence of the prohibition under Clause 4.41 of the Scheme, there would be a widespread proliferation of such signage, including the potential for third party billboard advertising. It is considered that this type of advertising would significantly affect the visual amenity of the District, in particular along Bussell Highway and the entrances into the Busselton city centre and Dunsborough town centres. It is considered, under the current controls, the City has been relatively successfully in maintaining the natural and rural landscapes along these highly visible tourism routes providing a significant ‘point of difference’ relative to Perth and all other major regional centres in Western Australia. These are considered to be significant benefits that arise from that ‘point of difference.’

 

If an advertisement does not comply with the requirements of clause 4.36.4 or Schedule 11, there are no further controls in place and development applications are required to be assessed on a case by case basis against the “matters to be considered” of the Regulations. A lack of further requirements has resulted in uncertainty regarding what the City considers to be acceptable when determining a development application for an Advertising Sign which require approval.

 

It is therefore proposed as part of this Policy that provisions relating to the dimensions and maximum number of signs be introduced. Requirements for different zones are proposed to reflect the different land uses permissible in those areas, as well as the desired amenity of each zone.

 

The Policy also proposes to set requirements for signage which incorporates illumination. Currently the City does not have any specific controls around the illumination of advertisements. The Policy makes the distinction between animated signage and static illumination of advertisements. Animated Signage is defined under the Policy as follows:

 

Animated Signage includes, but is not limited to, any signage or its content that is electronic and includes flashing or “chasing” lights, as well as video signs, plasma and LCD screen signs.

 

It is proposed under the Policy that Animated Signage is not permissible for commercial purposes and is only permitted for not-for-profit organisations, schools and/or other authorities when used to display community messages. The City’s Local Planning Strategy, Leeuwin Naturaliste Sub-Regional Strategy and associated State Planning Policy 6.1 seek, inter alia, to support the retention of the existing visual and environmental character and amenity of the District and discourage commercialisation along travel route corridors. In line with the strategic direction provided in these documents, the proposed Policy intends to limit animated signage as it is considered that it would detract from the desirable visual amenity of the area and once approved.

 

Further, is would be very difficult to control what advertisements are displayed and ensure compliance with Clause 4.41 of the Scheme and to differentiate between an appropriate and inappropriate advertisement.  As with ‘billboard’ type signage, it is considered that the primary beneficiary of allowing this kind of signage would be large businesses, in many cases state-wide or national chains, and such advertising would undermine visual amenity and local character. There are also substantial practical difficulties with enforcing controls that relate to dynamic content in signs. Note that the City has been approached on several occasions, including recently, seeking support for LED or similar signage.

 

Static Illumination is defined under the Policy as follows:

Static Illumination means an internal or external light source that lights any type of sign. The light can not chase, flash or have any moving features or animations and includes light boxes, LED and Neon signs.

 

It is proposed that Static Illumination of signage be permissible only where the application has been able to demonstrate to the City that there will be no detrimental impact on surrounding residential properties.

 

As part of the preparation of this Policy, the City has considered the requirements of other local governments within Western Australia, including the City of Bunbury and various Perth Metropolitan local governments.  In addition, officers have reviewed the City’s former local law relating to signs and other advertising devices (which was repealed in 2015) as well as previous development approvals for various types of signs within the City. It is considered that the provisions proposed within this Policy are consistent with the current requirements that are generally applied by the City when assessing development applications.

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 and related subsidiary legislation, including the City of Busselton Local Planning Scheme No. 21 (the Scheme) and the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), especially Schedule 2 (Deemed Provisions) of the Regulations, which form part of the Scheme.

Division 2 — Local planning policies

3.         Local planning policies

(1)       The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)       A local planning policy —

(a)  may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b)  may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3)       A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4)       The local government may amend or repeal a local planning policy.

(5)       In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

4.         Procedure for making local planning policy

(1)       If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows –

(a)      publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)    the subject and nature of the proposed policy; and

(ii)   the objectives of the proposed policy; and

(iii)  where the proposed policy may be inspected; and

(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)      if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c)       give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

(2)       The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

(3)       After the expiry of the period within which submissions may be made, the local government must —

(a)      review the proposed policy in the light of any submissions made; and

(b)      resolve to —

(i)    proceed with the policy without modification; or

(ii)   proceed with the policy with modification; or

(iii)  not to proceed with the policy.

(4)       If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

(5)       A policy has effect on publication of a notice under subclause (4).

(6)       The local government —

(a)      must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b)      may publish a copy of each of those local planning policies on the website of the local government

Relevant Plans and Policies

The policies affecting this proposal include:

·        State Planning Policy 3.6 – Development Contributions; and

·        Leeuwin Naturaliste Sub-Regional Strategy and associated State Planning Policy 6.1: Leeuwin-Naturaliste Ridge; and

·        City of Busselton Local Planning Strategy 2019.

State Planning Policy 3.6

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.

 

State Planning Policy 3.6 (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.

Leeuwin Naturaliste Sub-Regional Strategy and Associated State Planning Policy 6.1

The Leeuwin Naturaliste Sub-Regional Strategy (LNSRS) is an overarching planning document that guides the future planning and development of all the land within the local government areas of the Shire of Augusta-Margaret River and the City of Busselton. The LNSRS was released in May 2019 with the following vision for the Leeuwin-Naturaliste sub-region:

 

The Leeuwin-Naturaliste sub-region to continue to develop and be managed in a manner consistent with the character, amenity and value of the natural and built environments, and the efficient use and equitable distribution of resources.

 

State Planning Policy 6.1 (SPP 6.1) includes a statement of intent to conserve the unique landscape values of the Leeuwin-Naturaliste Ridge, including those along travel route corridors. Both documents support the retention of the visual and environmental values along these routes and discourage commercialisation along travel route corridors. The City would consider that third party billboards along these routes would not be in keeping with the intention of LNSRS and SPP 6.1 and that controls regarding advertising signage, including restrictions on animated signage, proposed in the new LPP will reinforce intent of these documents. 

Local Planning Strategy 2019

The purpose of the 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;

·    provide a strategic rationale for decisions related to the planning and development of the District;

·    apply state and regional planning policies relevant to the strategy; and

·    provide a strategic rationale for decisions related to the planning and development of the District. The LPS consists of five ‘planning themes’ with Theme 4 : Environment, landscape and heritage relating to the natural, rural and urban landscapes of the District.


Strategies j) of Theme 4 states as follows:

j)    Protect and enhance the visual character of the District by avoiding the further commercialisation of land-use and development visible from: i) key public vantage points (e.g. scenic lookouts, trails) within National Parks and conservation parks; and ii) regional roads, strategic local roads and travel route corridors (as defined in the Leeuwin-Naturaliste Ridge State Planning Policy); as well as providing, wherever possible and consistent with maintaining landscape and visual character values, screening landscaped buffers where development is being undertaken in locations visible from these sites, roads and travel routes.

 

It is considered that the controls regarding advertising signage, including restrictions on animated signage, is in keeping with the intent of the LPS.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Part 2, Division 2 of the Deemed Provisions requires that a local government undertake consultation before adopting or amending a local planning policy (although a minor amendment can be made without consultation). At least 21 days must be allowed for the making of submissions.

It is proposed that consultation will be for a period of four weeks and will be undertaken as follows:

·        Targeted letters/emails to key stakeholders within the region (where applicable);

·        Notices in the local newspaper for four consecutive weeks, as well as on the City’s website, including the subject and nature as well as objectives of the proposed LPP; and

·        A portal is to be created using the City’s YourSay platform for the online lodgment of submissions.

Risk Assessment

An assessment of the risks associated with the implementation of the officer recommendations has been undertaken using the City’s risk assessment framework. No risks of a medium or greater level have been identified.

Options

As an alternative to the Officer Recommendation, the Council could:

1.    Choose not to initiate one or more of the LPPs recommended to be initiated as part of this report;

2.    Modify those LPPs before initiation; and/or

3.    Choose not to revoke one or more of the LPPs recommended for revocation.

CONCLUSION

It is recommended that the Council support the proposed policy changes and initiation as described in this report.


TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the Officer Recommendation would involve advertising the proposed LPPs as outlined in the consultation section of this report above.  It is expected that this will commence within one month of the Council decision. A subsequent report will be presented to the Council following consultation outlining the nature of any submissions received and any necessary modifications to the LPPs (where applicable).

 

 


Policy and Legislation Committee

150

29 July 2020

6.8

Attachment a

LPP 1.4 : Single Dwelling Design

 


 


Policy and Legislation Committee

158

29 July 2020

6.8

Attachment b

LPP 6.2 : Drainage Infill Contributions

 


 


 


 


 


 


 


 


Policy and Legislation Committee

162

29 July 2020

6.8

Attachment c

LPP 6.3 : Mosquito Control

 


 


 


 


Policy and Legislation Committee

172

29 July 2020

6.8

Attachment d

Current LPP 1.3 : Private Jetties and Boat Lifting Structures

 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

175

29 July 2020

6.8

Attachment e

Proposed LPP 1.3 : Private Jetties and Boat Lifting Structures - Amended

 


 


 


Policy and Legislation Committee

189

29 July 2020

6.8

Attachment f

Current LPP 6.1 : Stormwater Management

 


 


 


 


 


 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

192

29 July 2020

6.8

Attachment g

Proposed LPP 6.1 : Stormwater Management - Amended

 


 


 


Policy and Legislation Committee

197

29 July 2020

6.8

Attachment h

Proposed LPP ** : Advertisements and Advertising Signs - New

 


 


 


 


 



 

 


Policy and Legislation Committee                                  204                                                                     29 July 2020

7.               General Discussion Items

7.1             LOCAL PLANNING POLICY REVIEW - REVIEW OF LPP 1.5 COASTAL SETBACKS

RECOMMENDATION

 

That the Council note that Local Planning Policy 1.5 Coastal Setbacks (LPP 1.5) will be reviewed as part of the broader review of all local planning policies.

 

A review of LPP 1.5 will be undertaken as part of the broader Stage 2 review of the content and relevance of all local planning policies.  LPP 1.5 was originally adopted by Council on 17 October 2007, and an amended version was adopted on 10 March 2010.

 

The policy applies to lots within the Residential zone that have a density coding of R25 or less, and that abut a coastal foreshore reserve that fronts Geographe Bay, or front a street adjoining a coastal foreshore reserve immediately opposite the lot (for example, but not limited to, residential lots on Geographe Bay Road).  Lots that are within a Special Character Area (for example Quindalup, Old Dunsborough, Eagle Bay and Yallingup) are not subject to the policy provisions.

 

In its current form, the objectives of LPP 1.5 are:

2.1  To provide for development projects of a low rise residential character and reduce the dominance of the built form in the coastal setting outside key nodes which the Scheme zones or identifies land for more intensive residential development.

 

2.2  To ensure coastal processes are not adversely affected by the modification of ground levels for building purposes in the coastal management area.

 

2.3  This Policy recognises that:

 

2.3.1      Setbacks for development from coastal reserves are important to protect the intended use for which the adjoining land has been reserved and to recognise ongoing coastal processes within coastal residential areas.

 

a)            Setbacks for development should assist in ameliorating the impacts of building bulk when viewed from the coastal reserve and primary street.

 

b)            The taller and longer a wall is, the further it should be setback from the coastal reserve or primary street.

 

c)            The localities along Geographe Bay Road and associated foreshore areas, comprise predominantly single storey detached single dwellings on large lots with generous front and rear setbacks. These developments are low rise, contribute to the open landscape character along the beachfront locality and generally reflect a Western Australian seaside architectural vernacular.

 

The R-Codes (Table 1) provides requirements for front and rear setbacks; clause 5.1.2 allows for a 50% reduction to primary street setbacks. The LPP requires that setbacks must be in accordance with Table 1, and an additional 3m setback is specified for enclosed built form greater than 5m in height.


 

The following is a comparison between R-Code provisions and LPP requirements:

 

Density Coding

R-Code Table 1 Requirement / LPP Requirement (built form <5m)

Primary Street Setback Variation under R- Code cl. 5.1.2

LPP Requirement

(enclosed built form >5m)

R2

20m

10m

23m

R5

12m

6m

15m

R10

7.5m

3.75m

10.5m

R20

6m

3m

9m

 

In summary, any reduction to a front or rear setback that could normally be considered under the R-Codes is not permitted, and for any enclosed built form greater than 5m in height a setback greater than R-Code requirement is specified. Note, however, that these are standards that may be varied, on a case-by-case basis.

 

An initial review of streetscapes and approvals that have occurred since the policy was adopted indicate that:

·    Generally, streetscapes tend to continue to be open and low rise, although there is little evidence of a consistent seaside architectural vernacular.

·    Streetscapes should be considered on a locality by locality basis due to differences in significant factors such as the width of road reserves, the width of foreshore reserves, vegetation within the foreshore reserves and the verge, the location of coastal pathways, sections of Geographe Bay Road that are intercepted by lots with a different (non-applicable) zoning, and the approximate ‘era’ that land parcels were created and dwellings constructed.  The policy may be redundant for some of these localities.

·    Across all streetscapes, there is no consistent setback of dwellings. This may be due to ad-hoc periods of construction, for example the older fibro ‘coastal shacks’ tend to have greater setbacks than recently constructed dwellings.

·    Some localities have significant opportunity for subdivision under the current planning framework; where subdivision has already occurred it has tended to result in long narrow lots whereby resultant dwellings take full advantage of Scheme height provisions and are constructed as far forward on the lot as possible.

·    The majority of development and building approvals that have been issued since of the inception of the policy in 2007 have been compliant with the policy provisions.  Increasingly in the past five years, applicants have been granted discretions to the front setback provisions (for example, reduced setbacks for upper floors that are enclosed).

·    There is evidence of some inappropriate design outcomes being driven by the policy – such as upper floors set back behind ground floor garages, when a better design outcome could have been achieved if the opposite were the case.

·    Inconsistency between the controls and future planning directions in some areas, where medium-density, medium-rise development is planned in the future (e.g. Geographe Bay Road between West and King Streets in West Busselton, and in Dunsborough between Elmore and Dunn Bay Roads).

 


 

The next stage of this policy review will include the following considerations:

·    An assessment of how the policy conflicts with or complements recent planning strategy and policy documents; and how the policy aligns with proposed changes to the Scheme such as the Western Ringtail Possum Habitat Protection Special Control Area.

·    The cost or benefit to the broader community in retaining or revoking the policy through consultation with affected landowners and the broader community that utilises the coastal foreshore reserves.

 

·    If retained, whether particular design elements could be introduced to allow for a relaxation of the policy requirements, but also lessen the built form impact in the coastal setting.

To assist in the review of the policy, officers are proposing discussion in relation to the next and subsequent stages of the review.

 


7.2             COUNCILLOR CODE OF CONDUCT REVIEW

On 27 June 2019, the Local Government Legislation Amendment Act 2019 was passed by Parliament.  This Act addresses the following key areas:

·      Elected member training;

·      The treatment of gifts;

·      A new code of conduct;

·      Changes to the Standards Panel;

·      Best practice standards for CEO recruitment, performance review and early termination; and

·      Greater transparency as more information will be made more easily accessible online.

The reforms that have already come into operation include:

·      Introduction of universal training for candidates and council members;

·      Greater access to information held by a local government;

·      Changes to the Standards Panel; and

·      The new gifts framework.

The Local Government Regulations Amendment (Consequential) Regulations 2020 will bring into effect measures relating to:

·      the harmonisation of the appointment of authorised persons across multiple pieces of legislation in the local government portfolio;

·      local and statewide public notices; and

·      improved access to information, including through publication on the local government’s website.

Feedback on a consultation draft was due (and provided by the City) by 13 July 2020.

These regulations do not bring into effect reforms in relation to:

·      A new code of conduct; and

·      Best practice standards for CEO recruitment, performance review and early termination.

The Department of Local Government Sport and Cultural Industries (the Department) has released for consultation model standards for CEO recruitment, termination and performance management, and a model code of conduct.  This feedback is being currently being considered, and the Department’s website says they will come into effect in 2020.  The Department have confirmed via email that it is hoped that the Model Code of Conduct will be finalised by the end of 2020, but that there is no definite timeline for endorsement at this stage, due to COVID.

 

The City’s current Codes of Conduct were adopted in June 2017 (C1706/129) as both a consolidated code and as individual codes for Councillors, committee members, employees, and contractors. Council resolved to:


1. Cancel Policy 037 – Code of Conduct 

2. Adopt the suite of documents that form a new Code of Conduct that incorporates the following:

·      Consolidated Code of Conduct (Attachment B);

·      Council Members Code of Conduct (Attachment C);

·      Committee Members Code of Conduct (Attachment D);

·      Employees Code of Conduct (Attachment E); and

·      Contractors Code of Conduct (Attachment F).

The City has identified a need to run Code of Conduct refresher training for its employees, and has been working on a revised Employee Code of Conduct.  At the same time, in lieu of a Model Code and not knowing when this will come into effect, officers have also commenced drafting of an interim revised Councillor Code of Conduct. 

 

Before progressing further however officers are seeking the Committee’s view on whether they would like to see an interim review of the Code of Conduct for Councillors and for Committee members, to refresh the current Code and ensure it is appropriate to the current context Councillors operate within.  It will of course require us to review the Code again once the Model Code is brought into play.    

 

Officers would ideally like to review the full suite of the Codes together to ensure there is alignment where required, however in the event that Councillors would prefer to wait for the Model Code to be brought into effect, the City will further determine whether to progress with the review of the Employee Code of Conduct, and what would be required (with respect to the current documents) to do so.

 

 

 

 

  


8.               Next Meeting Date

 

9.               Closure