Policy and Legislation

Committee Agenda

 

 

 

25 August 2020

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 25 August 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 Tuesday, 25 August 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

 

20 August 2020


CITY OF BUSSELTON

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 25 August 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 29 July 2020. 4

6....... Reports. 5

6.1          LOCAL PLANNING POLICY REVIEW - ADOPTION OF LOCAL PLANNING POLICIES FOLLOWING PUBLIC CONSULTATION : LPP XX : EXEMPT DEVELOPMENT AND LPP XX : OUTBUILDINGS AND OTHER NON-HABITABLE BUILDINGS; AND REVOCATION OF LPP 4.8 : OUTBUILDINGS AND LPP 4.9 : OUTBUILDING ASSESSMENT. 5

6.2          LOCAL PLANNING POLICY REVIEW - INITIATION OF NEW LPP XX : ADVERTISEMENTS AND ADVERTISING SIGNS. 37

6.3          AMENDMENT TO DELEGATION 'DA7 - 01 DEVELOPMENT CONTROL' 53

6.4          REVIEW OF COUNCIL POLICY: COMMUNITY ENGAGEMENT. 58

6.5          REVIEW OF COUNCIL POLICY: LEGAL REPRESENTATION FOR COUNCIL MEMBERS AND EMPLOYEES. 65

7....... General Discussion Items. 76

8....... Next Meeting Date. 76

9....... Closure. 76

 


Policy and Legislation Committee                                  4                                                                    25 August 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 29 July 2020

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 29 July 2020 be confirmed as a true and correct record.

 


Policy and Legislation Committee                                  6                                                                    25 August 2020

6.               Reports

6.1             LOCAL PLANNING POLICY REVIEW - ADOPTION OF LOCAL PLANNING POLICIES FOLLOWING PUBLIC CONSULTATION : LPP XX : EXEMPT DEVELOPMENT AND LPP XX : OUTBUILDINGS AND OTHER NON-HABITABLE BUILDINGS; AND REVOCATION OF LPP 4.8 : OUTBUILDINGS AND LPP 4.9 : OUTBUILDING ASSESSMENT

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 XX : Exempt Development - Final Version

Attachment b    LPP XX : Outbuildings and Non-habitable Buildings - Advertised Version

Attachment c    LPP XX : Outbuildings and other Non-habitable Buildings - Final Version

Attachment d   Table of Submissions - LPP XX : Outbuildings and Non-habitable Buildings

Attachment e    LPP 4.8 : Outbuildings

Attachment f    LPP 4.9 : Outbuilding Assessment  

 

OFFICER RECOMMENDATION

That the Council:

1.         Pursuant to Clause 4 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 adopt as final –

(a)       LPP XX : Exempt Development, as set out at Attachment A; and

(b)      LPP XX : Outbuildings and other Non-habitable Buildings, as set out at Attachment C.

2.         Publish a notice of adoption in a newspaper circulating within the Scheme area in accordance with clause 4 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 of those Policies set out in 1 above.

3.         Pursuant to Clause 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 revoke –

(a)       LPP 4.8 : Outbuildings (Attachment D); and

(b)      LPP 4.9 : Outbuilding Assessment (Attachment E).

4.         Publish a 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 of those Policies set out in 2 above.

 

 


 

EXECUTIVE SUMMARY

Council is asked to consider final adoption of the following local planning policies (‘Policies’ or ‘Policy’, as appropriate to the context) which, since being initiated by Council, have been publicly advertised in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (‘Regulations’):

·        LPP XX : Exempt Development, as set out in Attachment A; and

·        LPP XX : Outbuildings and other Non-habitable Buildings, as set out in Attachment C.

 

As LPP XX : Outbuildings and other Non-habitable Buildings is proposed to consolidate and replace two existing Policies, Council is also asked to revoke the following two Policies:

·        LPP 4.8 : Outbuildings (‘LPP 4.8’), provided at Attachment D; and

·        LPP 4.9 : Outbuilding Assessments (‘LPP 4.9’), provided at Attachment E.

 

BACKGROUND

The Regulations provide that policies may be prepared by a local government in respect of any matter relating to planning and development subject to the City of Busselton Local Planning Scheme No. 21 (‘Scheme’).

 

The intention of a policy is to provide guidance to applicants/developers and the community in regards to the decision-making process, as well as to the local government when exercising discretion under the Scheme. Policies must be consistent with the intent of the relevant Scheme provisions, including 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.

 

Policies 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 policy review. The City has now commenced the second stage of the review process and is currently reviewing the content and relevance of all policies. Due to the number of policies and the complexity of issues which need to be addressed, the review has been broken down into a number of stages.

 

It is proposed as part of this report that Council adopts as final LPP XX : Exempt Development (Attachment A) and LPP XX : Outbuildings and other Non-habitable Buildings (Attachment C) which were initiated by Council on 13 May 2020 for the purposes of public consultation. The Policies were advertised, in accordance with the Regulations, for 28 days from 27 May 2020 – 24 June 2020 (note: the Regulations require a minimum public consultation period of 21 days). The Policies were advertised via a notice placed in the local newspaper for four consecutive weeks and a portal was created on the City’s Your Say platform website for the online lodgement of submissions. 

 

In addition to the above, the City sent emails to all outbuildings companies that had lodged development applications in the past 12 months advising of draft LPP XX : Outbuildings and other Non-habitable Buildings and the proposed changes to the current requirements.

 

As it is proposed that LPP XX : Outbuildings and other Non-habitable Buildings will consolidate and replace the City’s current two existing Policies, Council is also asked to revoke LPP 4.8 and LPP 4.9.

 

A description of the Policies being considered is set out in the ‘Officer Comment’ section of this report.

OFFICER COMMENT

LPP XX : Exempt Development

The purposes of LPP XX : Exempt Development is to exempt various kinds of minor development from the requirement to obtain development approval. The exemptions contained within this Policy would be in addition to those types of development already exempt under clause 61 of the Regulations and clause 6.1 of the Scheme.

 

During the public consultation period, no submissions were received in relation to this Policy. No changes are proposed to the version of the Policy proposed for adoption from what was initiated by Council and advertised. 

 

It is, therefore, recommended that the Policy as set out in Attachment A be adopted as final.

 

LPP XX : Outbuildings and other Non-habitable Buildings (including revocation of LPP 4.8 and LPP 4.9)

The purposed of LPP XX : Outbuildings and other Non-habitable Buildings is to replace two existing Policies, being LPP 4.8 and LPP 4.9. LPP 4.8 relates to outbuildings on Residential zoned lots while LPP 4.9 relates to outbuildings and other non-habitable buildings (as defined by the Policy) in the Rural Residential, Rural, Conservation, Rural Landscape, Viticulture and Tourism, and Bushland Protection zones. It is proposed that the new Policy will consolidate the requirements into a single Policy to improve ease of use. The version of this Policy that was initiated by Council and advertised for public consultation is provided at Attachment B.

 

During public consultation, two submissions were received. A summary of submissions and comments addressing the comments raised is provided at Attachment F.

 

Upon completion of the advertising period, further review of the Policy was undertaken at an officer level. As a result of this further consideration a number of modifications are proposed to the version of the Policy that is recommended to be adopted in final form. The modifications do not alter or change the standards or provisions within the Policy and therefore it is considered that re-advertising the amended Policy is not necessary. The changes that are proposed are as follows:

·        Change of title from LPP XX : Outbuildings and Non-habitable Buildings to LPP XX : Outbuildings and other Non-habitable Buildings. An outbuilding by definition is an enclosed non-habitable building. To clarify that the Policy applies to both outbuildings and other types of non-habitable buildings, such as patios and carports as defined by the Policy, as outbuildings are also non-habitable structures.

·        The maximum wall heights, ridge heights and total areas for outbuildings and other non-habitable buildings in the different zones have been moved into a single table to improve the utilisation of the Policy and simplify the format of the Policy.

·        To facilitate the change above, the individual design principles for each Zone have been removed and incorporated into the Purpose of the Policy.

·        Policy provisions advising when a development application is required for an outbuilding and/or other non-habitable building have been removed, as these are not necessary or appropriate as provisions. These were considered to be information only and therefore it is considered that these would be more suited to a note within the Policy and would be supplemented with a fact sheet that would be prepared if the Policy is adopted.

 

It is, therefore, recommended that the Policy as set out in Attachment C be adopted as final.

 

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.

6.        Revocation of local planning policy

A local planning policy may be revoked —

(a)       by a subsequent local planning policy that —

(i)        is prepared in accordance with this Part; and

(ii)       expressly revokes the local planning policy;

Or

(b)       by a notice of revocation —

(i)        prepared by the local government; and

(ii)       published in a newspaper circulating in the Scheme area.

 

Relevant Plans and Policies

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.

 

Financial Implications

There are no financial implications associated with the Officer Recommendation.

 

Stakeholder Consultation

In accordance with the Regulations, it is proposed that a notice be placed in the local newspaper advising that LPP XX : Exempt Development and LPP XX : Outbuildings and other Non-habitable Buildings have been adopted as final and that LPP 4.8 and LPP 4.9 have been revoked.

 

Risk Assessment

An assessment of the risks associated with the implementation of the Officer Recommendation 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.         Modify one or more of the Policies recommended to be adopted as final; and/or

2.         Not to adopt one or more of the Policies recommended to be adopted as final; and/or

3.         Not revoke one of more of the Policies recommended to be revoked.

 

CONCLUSION

It is recommended that Council support the proposed adoption and revocation of the Policies as described in this report.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the Officer Recommendation would involve notification of the adopted and revoked Policies as outlined in the consultation section of this report above. It is expected that this will commence within one month of the Council decision.

 

 

 


Policy and Legislation Committee

14

25 August 2020

6.1

Attachment a

LPP XX : Exempt Development - Final Version

 





Policy and Legislation Committee

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25 August 2020

6.1

Attachment b

LPP XX : Outbuildings and Non-habitable Buildings - Advertised Version

 










Policy and Legislation Committee

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25 August 2020

6.1

Attachment c

LPP XX : Outbuildings and other Non-habitable Buildings - Final Version

 







Policy and Legislation Committee

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25 August 2020

6.1

Attachment d

Table of Submissions - LPP XX : Outbuildings and Non-habitable Buildings

 


Policy and Legislation Committee

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25 August 2020

6.1

Attachment e

LPP 4.8 : Outbuildings

 



Policy and Legislation Committee

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25 August 2020

6.1

Attachment f

LPP 4.9 : Outbuilding Assessment

 





Policy and Legislation Committee                                  38                                                                 25 August 2020

6.2             LOCAL PLANNING POLICY REVIEW - INITIATION OF NEW LPP XX : ADVERTISEMENTS AND 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 ** : Advertisements and Advertising Signs - proposed  

 

OFFICER RECOMMENDATION

That the Council:

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

2.         Advertise the initiated Local Planning Policy in a newspaper circulating within the Scheme area for four weeks in accordance with clause 4 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

EXECUTIVE SUMMARY

Council is asked to consider initiation for the purposes of public consultation a new local planning policy (‘Policy’), LPP ** : Advertisements and Advertising Signs following Council’s decision to defer consideration of any earlier version of the draft Policy at its meeting on 12 August 2020.

 

BACKGROUND

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

 

The intention of a policy is to provide guidance to applicants/developers and the community in regards to the decision-making process, as well as to the local government when exercising discretion under the Scheme. Policies must be consistent with the intent of the relevant Scheme provisions, including 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.

 

Policies 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 policy review. The City has now commenced the second stage of the review process and is currently reviewing the content and relevance of all policies. Due to the number of policies and the complexity of issues which need to be addressed, this review has been broken down into a number of stages.

 

The purpose of this report is to request that Council initiate for the purposes of public consultation a new Policy, LPP ** : Advertisements and Advertising Signs, following Council’s decision to defer any earlier version of the draft Policy at its meeting on 12 August 2020. A copy of the Policy requested to be initiated for public consultation is provided at Attachment A.

OFFICER COMMENT

An earlier version of the draft LPP** : Advertisements and Advertising Signs was considered by Council at its meeting on 12 August 2020 where it was determined to defer consideration to allow further work in relation to advertising signs which incorporate ‘animation’ to occur.

Policy Rationale (as per previous Council report)

It is proposed that this Policy be applicable to all Advertisements and Advertising Signs within the City not subject to the portable signs requirements under the Activities in Thoroughfares and Public Places and Trading Local Law 2015 and Council Policy - Portable Advertising Signs in Public Places.

 

Under the proposed Policy, an Advertisement is proposed to be defined as follows:

 

Advertisement as defined by the Deemed Provisions and provided below -

means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, that is used wholly or partly for the purposes of advertising, announcing or directing, and includes —

a)        any hoarding or similar structure used, or adapted for use, for the display of advertisements; and

b)        any airborne device anchored to any land or building used for the display of advertising; and

c)         any vehicle or trailer or other similar object placed or located so as to serve the purpose of displaying advertising.

 

The distinction is made within the Policy between an Advertisement and an Advertising Sign, which is a type of Advertisement, and is proposed to be defined as follows:

Advertising Sign means a permanent structure/s used for the purpose of advertisement, or to draw attention to, a product, business, person or event.

 

Currently, the only controls that the City has in place in relation to Advertisements 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.


 

If an Advertisement does not comply with the requirements of clause 4.36.4 or Schedule 11, the City has no further requirements 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 Advertisement which requires approval. Therefore, it is proposed as part of the Policy that provisions relating to the maximum dimension/s and 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.

 

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.

 

Changes to draft Policy relating to animation

In addition to the above, it is proposed as part of the Policy to set requirements for advertisements which incorporates static illumination and/or animation. Currently, the City does not have any specific controls around the illumination of advertisements, including the use of animation.

 

Static Illumination is proposed to be defined within the Policy as follows:

Static Illumination means an internal or external light source that lights any type of sign.

 

It is proposed under the Policy that Static Illumination of advertising signs would only be permitted where the applicant is able to demonstrate to the satisfaction of the City that there will be unacceptable impact on surrounding residential properties.

 

Animation is proposed to be defined within the Policy as follows:

Animation means the movement or the appearance of movement through the use of patterns of lights, changes in colour or light intensity, computerized special effects, video displays, or through any other method.

 

In the earlier draft version of the Policy, consideration of which was deferred by Council at its meeting on 12 August 2020, it was proposed that Advertising Signs that incorporate Animation would not be permissible for any commercial purposes and would only be permitted for not-for-profit organisations, schools and/or other authorities when used to display community messages.

 

Following further consideration, it was recognised that Advertising Signs which propose to incorporate Animation may be appropriate in ‘Local Activity Centres.’ The Policy proposes to define a ‘Local Activity Centre’ as follows:

Local Activity Centre means lot(s) which are zoned Local Centre under the Scheme and are identified within Table 3 : Activity Centre Framework of the Local Planning Strategy (LPS) as a ‘Local Centre’.

 

Currently, the following locations would meet the above definition and are already developed:

·        Lot 1 (170) Bussell Highway (West Busselton);

·        Lot 114 (328) Marine Terrace, Geographe (Bayside Shops);

·        Lots 65 (545) & Lots 1 – 14 (1/539 – 9/539) Bussell Highway (Broadwater);

·        Lots 34 (235) & Lot 58 (231) Bussell Highway (Bower Road);

·        Lot 24 (20) Monaghans Way Abbey (Monaghan’s Corner); and

·        Lots 1 – 5 (2) Eagle Bay-Meelup Road, Eagle Bay and Lot 1 -4 (1) Ella Gladstone Drive, Eagle Bay (Eagle Bay).

 

In addition to the above, the following locations would meet the above definition however are yet to be developed include the following:

·        Lot 1 (1/28) Clydebank Avenue, West Busselton (Clydebank); and

·        Lot 1001 (7) Switchback Parade, West Busselton (Old Broadwater Farm); and

·        Lots 1 – 23 (19) and Lot 584 (5) Spinnakers Boulevard and Lot 585 (2) Port Lane Lot 9501 Port Lane (Port Geographe) (note: pending changes to the planning framework will result in this land being rezoned for residential development only).

 

The LPS identifies a number of additional Local Centres, being Blum Boulevard, Airport North, Ambergate North West, Dunsborough Lakes, Yallingup and Smiths Beach, however these Local Centres would not meet the definition proposed under the Policy as they are currently not zoned Local Centre under the Scheme. It is noted that when, and if, these Local Centres are rezoned they would meet the definition of a Local Activity Centre (as defined by the Policy) and therefore the provisions relating to Animation would also apply in these locations.

 

In addition, there are a number of lots which would fall outside the definition of a Local Activity Centre under the Policy but are zoned Local Centre under the Scheme. As per the proposed definition, Advertisements which incorporate Animation would not be supported in these locations.

 

Under the proposed Policy, one Advertising Sign which incorporates Animation would be permitted per Local Activity Centre (as defined by the Policy). It is proposed that where such signage is proposed other Freestanding Signage (i.e. Pylon signs) within that Local Activity Centre may need to be consolidated. It is considered that this will provide an incentive for lots with multiple tenancies to consolidate signage and therefore reduce clutter and improve the overall amenity of the sites.

 

The objectives of the Local Centre zone within the Scheme are as follows:

a.         To provide for development at a scale sufficient to serve the Centre’s catchment, but not detract from the commercial primacy of the Regional Centre and Centre zones.

b.         Providing for limited expansion of existing smaller centres to ensure access to services at a local level and building neighbourhood identity.

c.         To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.

 

By nature of the objectives of the zone, as well as their smaller size compared to lots zoned ‘Centre’ and ‘Regional Centre’, those locations that would be considered a Local Activity Centres under the Policy are generally occupied by smaller businesses. Signage which incorporates Animation is considered suitable within Local Activity Centres, as these do not form part of larger commercial strips, and the centres do substantially rely on passing vehicle traffic.

 


 

Concerns regarding third party advertising

The requirements under Clause 4.41 of the Scheme prevent the potential for widespread proliferation of third party billboard advertising within the City. It is considered that this type of advertising would significantly detract from the visual amenity of the District, in particular along Bussell Highway and the entrances into the Busselton City Centre and Dunsborough Town Centre, and would be inconsistent with the City’s Local Planning Strategy (‘LPS’), Leeuwin Naturaliste Sub-Regional Strategy (‘LNSRS’) and associated State Planning Policy 6.1: Leeuwin-Naturaliste Ridge (SPP6.1), inter alia. The strategic direction provided within the documents discourage commercialisation along travel route corridors and support the retention of the existing visual and environmental character and amenity of the District.

 

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. There are considered to be significant benefits that arise from that ‘point of difference’.

 

There are concerns that, if the City were to introduce provisions which allow for the use of Animation in advertising signs in locations other than those defined as Local Activity Centres within the Policy, it 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.

 

It is recommend that the Policy as set out in Attachment A be initiated for the purposes of public consultation.

 

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 and related subsidiary legislation, including the Scheme and 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:

·        Leeuwin-Naturaliste Sub-regional Strategy (LNSRS) and associated SPP6.1; and

·        Local Planning Scheme (LPS).

 

LNSRS and associated SPP 6.1

The 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.

 

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 outside the Local Centre zone, proposed in the new Policy will reinforce intent of these documents. 

 

LPS

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 outside the Local Centre zone, 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:

·        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 Policy; and

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

Risk Assessment

An assessment of the risks associated with the implementation of the Officer Recommendation 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 the Policy recommended to be initiated as part of this report; and/or

2.         Modify the Policy before initiation.

 

CONCLUSION

It is recommended that Council support the proposed initiation of the Policy as described in this report.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the Officer Recommendation would involve public consultation of the initiated Policy 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 public consultation outlining the nature of any submissions received in relation to the Policy and any necessary modifications to the Policy (where applicable).

 

 

 

 

 


Policy and Legislation Committee

50

25 August 2020

6.2

Attachment a

LPP ** : Advertisements and Advertising Signs - proposed

 









Policy and Legislation Committee                                  54                                                                 25 August 2020

6.3             AMENDMENT TO DELEGATION 'DA7 - 01 DEVELOPMENT CONTROL'

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Delegations

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

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   DA7-01 Development Control (Amended)  

 

OFFICER RECOMMENDATION

That the Council adopts Delegation DA7 – 01 ‘Development Control’ (Attachment A), having been amended to include a definition of the term ‘Reconsideration’.

 

EXECUTIVE SUMMARY

Upon the review of Council delegation DA7 – 01 ‘Development Control’ (DA7 - 01), it has been identified a need to provide a definition of the term ‘Reconsideration’, to assist officers in providing information to applicants in relation to the reconsideration process for a development application.

 

BACKGROUND

The term ‘Reconsideration’ has been included in the Development Control Council delegation since its initial adoption (previously PDR1). A reconsideration process for a development application is intended to provide applicants a recourse to a decision, prior to a matter going before SAT.

 

Officers are seeking to include more clarity of the term ‘Reconsideration’ within DA7 – 01 in order to assist officers in providing improved information to applicants in relation to the reconsideration process for a development application.

OFFICER COMMENT

The term ‘Reconsideration’ is not a defined term under the Planning and Development Act 2005 or the Planning and Development (Local Planning Scheme) Regulations 2015. Officers are proposing to amend Condition 2 of DA7 – 01 to include the following:

"Reconsideration" is a not a defined term in the City of Busselton Local Planning Scheme No. 21 or the Planning and Development (Local Planning Scheme) Regulations 2015, however for the purposes of this delegation, the term relates to applications to: a) a request to amend or delete conditions of a development approval, where City officers are not supportive of that request and informal discussion with the applicant has not resolved the issue; and b) to new development applications which are substantially the same as an earlier application refused under delegation.

This condition relates to applications to amend an approval where reconsideration of conditions is being requested, and also to new applications which are substantially the same as an earlier application refused under delegation (where the request is made within 60 days of the original determination date).

Statutory Environment

Clause 82 of Schedule 2 the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the deemed provisions’) sets out that the Council may delegate powers under the City’s town planning scheme to the CEO.

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 choose not to amend delegation DA7 – 01 ‘Development Control’.

CONCLUSION

Officers have identified a need to provide clarity of the term ‘Reconsideration’ in delegation DA7 – 01 ‘Development Control’ to assist officers when dealing with requests from applicants of development applications.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The amended delegation DA7 - 01 ‘Development Control’ will be included within Council’s Delegation of Authority Register within one week of Council’s endorsement.


Policy and Legislation Committee

57

25 August 2020

6.3

Attachment a

DA7-01 Development Control (Amended)

 




Policy and Legislation Committee                                  59                                                                 25 August 2020

6.4             REVIEW OF COUNCIL POLICY: COMMUNITY ENGAGEMENT

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

6.2 Council engages broadly and proactively with the community.

SUBJECT INDEX

Governance

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Public Relations Coordinator - Meredith Dixon

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: Community Engagement (Proposed)

Attachment b    Council Policy: Community Engagement and Consultation (Current)  

 

OFFICER RECOMMENDATION

That the Council adopts the revised Council policy ‘Community Engagement’ at Attachment A to replace the existing Council policy ‘023: Community Engagement and Consultation’ at Attachment B.

 

EXECUTIVE SUMMARY

This report presents a revised Council policy: Community Engagement (Attachment A) (the Policy).  Officers recommend it replace the existing Council policy 023: Community Engagement and Consultation (Attachment B).

 

BACKGROUND

Council policy 023: Community Engagement and Consultation was implemented on 22 September 2010 (C1009/318) following a request from Council for a high level policy document detailing engagement principles, roles and responsibilities of Councillors and officers. A draft policy was advertised for community consultation in June / July 2010. No feedback was received and the policy was subsequently adopted. The policy was reviewed in August 2017 (C1708/186) as part of Council’s regular review of policies, with only minor changes made.

OFFICER COMMENT

The Policy has been transferred into the new Council policy template and reviewed by officers in accordance with the recommendations of the 2017 Governance Systems Review (GSR). The Policy has been retitled ‘Community Engagement’ and terminology within the Policy has been amended from engagement and consultation to just engagement. This change reflects the IAP2 (International Association for Public Participation) approach which is widely referenced across the Australian Local Government sector and is referenced in the Integrated Planning and Reporting Framework and Guidelines produced by the Department of Local Government, Sport and Cultural Industries (DLGSC). In the IAP2 model, the term ‘Engagement’ refers to a range of objectives one of which is consultation.


 

The Policy reflects the City’s strategic intent and approach to community engagement and provides guiding principles for ensuring that stakeholders are informed of matters that affect them, have the opportunity to make informed comment and are advised of the outcomes and how their feedback helped to inform the decision. The guiding principles are similar in intent to those contained in the current policy. 

 

The Policy also sets out when the City will undertake engagement and when it may not be appropriate to engage. As opposed to the current policy, which identifies more specific routine or established issues for engagement, the Policy is designed to provide broader guidance (e.g. informing future strategic and community planning as opposed to sports, recreation and cultural plans), and to be reflective of the increasing community expectations for engagement.

 

Operational details such as the mechanisms for engagement have been removed from the Policy, with a Community Engagement Framework to be developed, setting out in more detail how the City will engage with stakeholders. 

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 in relation to this matter. Stakeholder engagement was identified as a priority in the 2020 Community Satisfaction Survey.

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 require further amendments to the Policy.

CONCLUSION

The Policy has been transferred into the new Council policy template and reviewed by officers to ensure that the Policy objectives are clear and that it provides appropriate guidance for Councillors and employees in relation to community engagement.  

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

61

25 August 2020

6.4

Attachment a

Council policy: Community Engagement (Proposed)

 



Policy and Legislation Committee

64

25 August 2020

6.4

Attachment b

Council Policy: Community Engagement and Consultation (Current)

 




Policy and Legislation Committee                                  66                                                                 25 August 2020

6.5             REVIEW OF COUNCIL POLICY: LEGAL REPRESENTATION FOR COUNCIL MEMBERS AND EMPLOYEES

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

Governance Services

REPORTING OFFICER

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   Council Policy 085: Legal Representation for Council Members and Employees (Current Policy)

Attachment b    Council policy: Legal Representation for Council Members and Employees (Proposed)  

 

OFFICER RECOMMENDATION

That the Council adopts the revised Council policy: Legal Representation for Council Members and Employees at Attachment B, to replace the existing Council policy ‘085: Legal Representation for Council Members and Employees’ at Attachment A.

 

EXECUTIVE SUMMARY

This report presents a revised Council policy: Legal Representation for Council Members and Employees (Attachment B) (the Policy), with officers recommending it replace the existing Council policy ‘085: Legal Representation for Council Members and Employees’ (Attachment A).

 

BACKGROUND

Council policy ‘085: Legal Representation - Costs Indemnification Policy’ was implemented in 2008 and amended in 2012 with minor changes made to align the policy with the re-released Department of Local Government Guideline. Further changes were made to the policy in 2017, with the title amended to ‘Legal Representation for Council Members and Employees’. An update to the Council delegation relating to urgent legal representation was also made at this time.

 

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. The Policy has been reviewed by officers in this context and has been transferred to the current Council policy template as per the requirements of the policy framework.

OFFICER COMMENT

The Policy is considered of ongoing relevance, and to have an important purpose; providing strategic guidance and clarity as to when and under what circumstances a Council Member and Employee of the City may receive assistance for legal representation.


 

The Policy has been transferred into the new Council policy template and reviewed by officers with minor amendments being proposed to improve readability and clarity. The Policy does not depart from the model policy developed by the Department of Local Government Guideline ‘Legal Representation for Council Members and Employeespublished in April 2019 and remains an important strategic Council policy.

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 Department of Local Government has provided an Operational Guideline and model policy in relation to legal representation for Council members and employees which has informed this Policy.

 

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the 2017 Governance Systems 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 require further amendments to the Policy.

CONCLUSION

A revised Council policy ‘Legal Representation for Council Members and Employees’ is presented for Council’s approval.

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

67

25 August 2020

6.5

Attachment a

Council Policy 085: Legal Representation for Council Members and Employees (Current Policy)

 






Policy and Legislation Committee

75

25 August 2020

6.5

Attachment b

Council policy: Legal Representation for Council Members and Employees (Proposed)

 




 


Policy and Legislation Committee                                  76                                                                 25 August 2020

7.               General Discussion Items

 

8.               Next Meeting Date

 

9.               Closure