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

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 14 April 2021

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening / aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS. 2

2....... Attendance. 2

3....... Prayer. 3

4....... Application for Leave of Absence. 3

5....... Disclosure Of Interests. 3

6....... Announcements Without Discussion.. 3

7....... Question Time For Public. 3

8....... Confirmation and Receipt Of Minutes. 4

Previous Council Meetings. 4

8.1          Minutes of the Council Meeting held 24 March 2021. 4

Committee Meetings. 4

8.2          Minutes of the Meelup Regional Park Committee held 22 March 2021. 4

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

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

11..... Items brought forward.. 5

ADOPTION BY EXCEPTION RESOLUTION.. 5

15.1        BUSSELTON JETTY UNDERSEA SCULPTURES PROJECT. 6

16.1        ADOPTION OF DRAFT STRATEGIC COMMUNITY PLAN FOR ADVERTISING.. 15

17.1        COUNCILLORS' INFORMATION BULLETIN.. 52

ITEMS FOR DEBATE. 56

13.1        DRAFT LOT 4069 COMMONAGE ROAD, YALLINGUP STRUCTURE PLAN  - ADOPTION FOR FINAL APPROVAL. 56

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

19..... urgent business. 88

20..... Confidential Reports. 88

21..... Closure. 88

 


Council                                                                                      4                                                                        14 April 2021

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN THE Council Chambers, Administration Building, Southern Drive, Busselton, ON 14 April 2021 AT 5.30pm.

 

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

The Presiding Member opened the meeting at 5.32pm.

The Presiding Member noted this meeting is held on the lands of the Wadandi people and acknowledged them as Traditional Owners, paying respect to their Elders, past and present, and Aboriginal Elders of other communities who may be present.

 

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Kelly Hick             Deputy Mayor

Cr Sue Riccelli

Cr Ross Paine

Cr Kate Cox

Cr Paul Carter

Cr Phill Cronin

Cr Jo Barrett-Lennard

Cr Lyndon Miles

 

Officers:

 

Mr Oliver Darby, Acting Chief Executive Officer

Mr Matthew Riordan, Acting Director, Planning and Development Services

Ms Jennifer May, Acting Director, Community and Commercial Services

Mr Tony Nottle, Director, Finance and Corporate Services

Mr Daniell Abrahamse, Acting Director, Engineering and Works Services

Mrs Emma Heys, Governance Coordinator

Ms Melissa Egan, Governance Officer

 

 

Apologies:

 

Mr Mike Archer, Chief Executive Officer

 

 

Approved Leave of Absence:

 

Nil

 

 

Media:

 

“Busselton-Dunsborough Times”

 

Public:

 

1

 

3.               Prayer

Nil

 

4.               Application for Leave of Absence 

Nil

 

5.               Disclosure Of Interests

The Mayor noted that a declaration of impartiality interest had been received from Cr Kelly Hick in relation to item 13.1 ‘Draft Lot 4069 Commonage Road, Yallingup, Structure Plan’.

 

The Mayor advised that, in accordance with regulation 22(2)(a) of the Local Government (Model Code of Conduct) Regulations 2021, this declaration would be read out immediately before Item 13.1 was discussed.

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

Nil

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

 

Nil

 

7.1             Mr Keith Sims

 

Question

In relation to resolution C2103/035 (Item No. 16.1 ‘Response to Motion – General Meeting of Electors 8 February 2021 – Call for Referendum’, Ordinary Council Meeting held on 10 March 2021), part two of that resolution says Council will decide whether to proceed with the performing arts and convention centre project on the receipt of construction tenders and in conjunction with considering those tenders. Could you please confirm what the dollar amount would be for the cut-off point when the tenders come in, when a decision will be made to stop going ahead or to modify it?

 

Response

(Mayor)

There is a breakdown of costs for the project and the total amount is $28.5 million. Some of that amount has already been expended on professional services and design. The building is currently out for tender and we have three tenderers who are actively preparing tenders, which will be evaluated at a meeting, we are assuming, in May.

I am not entirely sure of what is building and what are other costs in terms of fit-out. I think it is in the vicinity of $24 million, but that is just a recollection and not to be taken as verbatim, I will take that on notice.

 

Question

So the $28.5 million includes fit-out?

 

Response

It does.

 

Question

The tenders to come in are only for the building and not for the fit-out?

 

Response

There are some elements of fit-out, but I will have to take that on notice.

 

Question

When did the tenders actually go out?

 

Response

Tenders went out two weeks ago.

 

Question

There are two business case documents – August 2020 labelled “final” and there is a December 2020 version which is still in draft form. Which document are we working from?

 

Response

I will take that on notice.

 

 

8.               Confirmation and Receipt Of Minutes

Previous Council Meetings

8.1             Minutes of the Council Meeting held 24 March 2021

Council Decision

C2104/058              Moved Councillor R Paine, seconded Councillor P Cronin

That the Minutes of the Council Meeting held 24 March 2021 be confirmed as a true and correct record.

CARRIED 9/0

 

Committee Meetings

8.2             Minutes of the Meelup Regional Park Committee held 22 March 2021

Council Decision

C2104/059              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

That the Minutes of the Meelup Regional Park Committee held 22 March 2021 be noted.

CARRIED 9/0

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

 

Nil

Presentations

 

Nil

Deputations

 

Nil

 

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

Nil

 

11.             Items brought forward

ADOPTION BY EXCEPTION RESOLUTION

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

 

Council Decision

C2104/060              Moved Councillor P Carter, seconded Councillor P Cronin

 

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

               

15.1        BUSSELTON JETTY UNDERSEA SCULPTURES PROJECT

 

16.1        ADOPTION OF DRAFT STRATEGIC COMMUNITY PLAN FOR ADVERTISING

 

17.1        COUNCILLORS' INFORMATION BULLETIN:

CARRIED 9/0

En Bloc

 


 


Council                                                                                      13                                                                      14 April 2021

15.1           BUSSELTON JETTY UNDERSEA SCULPTURES PROJECT

STRATEGIC GOAL

4. ECONOMY Diverse, resilient, prosperous

STRATEGIC OBJECTIVE

4.3 Events and unique tourism experiences that attract visitors and investment.

SUBJECT INDEX

Busselton Jetty

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

Contractual: To enter into a contract e.g. a lease or the award of a tender etc.

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Project location  

 

Council Decision and Officer Recommendation

C2104/061              Moved Councillor P Carter, seconded Councillor P Cronin

 

That the Council resolves to:

1.         Support the proposed Busselton Jetty Undersea Sculptures Project (Project) as outlined in this report.

 

2.         Formalise the use by Busselton Jetty Inc. of the Busselton Jetty and Lot 350 for the Project by way of a licence agreement on the terms and conditions as outlined in this report subject to the approval of the Minister for Lands and Department of Transport.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

In November 2020, the Commonwealth Department of Environment issued Busselton Jetty Inc. (BJI) a permit for the placement of the SS Pericles Replica and 12 sculptural models offshore at the Busselton Jetty (Project). Following community consultation and a briefing to Council, BJI is now seeking to undertake the Project. This report outlines the Project and recommends that the Chief Executive Officer be authorised to enter into a licence agreement with BJI to enable the Project to proceed, subject to certain terms and conditions.

 

BACKGROUND

BJI, formerly known as “BJECA” (the Busselton Jetty Environment and Conservation Association Incorporated), is a Busselton based voluntary incorporated association with, among other things, the following objectives:

 

·        Raising funds to protect and preserve the Busselton Jetty and the environment around it; and

·        Being resourceful, financially viable and economically sustainable to ensure it meets its obligation to provide funds for the preservation and maintenance of the Busselton Jetty.

 

BJI has for many years been raising funds and actively worked towards restoration of the Busselton Jetty. In 2008, the City obtained grant funding of $24 million from the South West Development Commission (SWDC) for purposes of refurbishing the Busselton Jetty. 


 

The grant agreement between the City and SWDC required the City, among other things, to:

 

·        Enter into a performance based operator agreement with BJI in respect of “Jetty related activities” for a “renewable 5 year term”; and

·        Establish a “Jetty maintenance account” and contribute to that account a minimum of $650,000 per year from “operating revenues associated with jetty-related activities”.

 

In accordance with the SWDC grant agreement:

 

·        The City established the Jetty Maintenance Reserve Account (established and administered under Section 6.11 of the Local Government Act 1995) for the purposes of maintenance and repair of the Busselton Jetty; and

·        The City and BJI entered on 30 October 2009 into a licence agreement (Busselton Jetty Licence) in terms of which BJI was granted the right to conduct certain commercial activities at/on the Busselton Jetty in consideration for payment of an annual licence fee, and also assumed certain maintenance obligations (Licensed Activities).

 

The Licensed Activities include collecting entrance fees (from persons entering the Busselton Jetty from its land side) and operating the Busselton Jetty train, the Underwater Observatory (located near the northern end of the Busselton Jetty) (UWO) and the Interpretive Centre (IC) – that is the ticket office/retail outlet at the Jetty entrance. The Licensed Activities constitute BJI’s main business and is BJI’s main source of revenue. 

 

In 2016, following a review of the Busselton Jetty Licence, the City and BJI agreed to extend the term of the BJI Jetty Licence for a further 42 years (the initial term now expiring in 2038 with BJI having an option to extend the initial term for 3 further terms of 7 years each). As part of this review, the Busselton Jetty Licence was also amended to redefine the way the licence fee payable by BJI is calculated. Further detail about the licence fee is provided in the Financial Implications section of this report.

 

The Busselton Jetty is a highly successful tourist attraction. The UWO is the main attraction on the Busselton Jetty, with tours for visiting the UWO (most of which include a trip on the Busselton Jetty train) generating the most income. Despite increasing operating hours of the UWO during peak seasons, visitors are turned away from UWO tours due to the building’s size constraints.

 

A feasibility study commissioned by BJI in 2016 found that it is imperative to implement new income generating activities at and on the Busselton Jetty in order to ensure its financial sustainability over the long term. Through this feasibility study, the Busselton Jetty Village concept evolved. The proposed Village Project forms part of a two-stage development proposed by BJI, with the second stage being a proposed Australian Underwater Discovery Centre (AUDC). The AUDC Project, currently in its planning stage, proposes a new UWO as a key strategy for increasing revenue from Busselton Jetty operations.

 

The Busselton Jetty Undersea Sculptures Project has been developed as a result of feedback over a period of time from a number of visitors to the Busselton Jetty that the provision of reef structures and artistic elements at the end of the Jetty would enhance marine life and visitor experience from the UWO the planned AUDC, and snorkelling and diving activities.

 

The Project proposes the deployment and ongoing maintenance of 13 objects (Sea Dumping Works) onto the seabed beneath sections 7, 9 and 10 of the Busselton Jetty in an area of approximately 200m x 20m (see Attachment A). Resting at a maximum depth of 8 metres, rising to a height of about 5 metres deep, the sculptures will be fabricated from reinforced concrete and unpainted steel. The first object BJI proposes to be deployed is the SS Pericles Replica. The further 12 sculptures will be deployed as they are constructed over a period of time. 

The Project is set to achieve both tourism and environmental outcomes. The goals and performance measures include the following:

 

No.

Performance Goal

Performance Measure

1

Appropriately design and manage the installation of undersea objects beneath Busselton Jetty in such a manner to minimise any risks or impacts to the existing jetty structure or user groups, such as divers, swimmers or recreation vessels.

Structural integrity and stability: each individual object remains intact, in original position and structurally sound throughout its life (30 years).

2

Minimise identified impacts to existing ecological sustainability and marine biodiversity, whilst improving the existing anthropogenic habitat to support increased diversity and abundance of species while improving the knowledge base of the environmental role of artificial structures in the marine environment.

Fish and benthic community development residing and colonising the objects: public viewing of marine life which has colonised the objects will connect people with the marine environment. It is expected that community development on and immediately nearby will be very similar to the existing marine community which has colonised the Busselton Jetty structure.

3

Enhance visitor connection to the marine environment by providing a unique facilitation through object installation and point of contact in the UWO to achieve a personal nature-based experience.

Community and visitor experience: the deployment of undersea objects will result in public satisfaction reflected by increased marine education and knowledge, higher visitation rates and ongoing positive feedback.

 

In mid-2018, BJI applied to the Commonwealth Department of Environment for a permit to undertake the Project. This was subsequently issued for a term of 30 years commencing 25 November 2020, subject to a number of conditions including, in broad terms:

·        the development and implementation of approved Environmental Management and Monitoring Plans for each installation;

·        mitigation measures for the protection of marine species;

·        environmental risk and incident reporting;

·        compliance with the permit and requirements of the Environmental Protection (Sea Dumping) Act 1981;

·        access for observers to witness, inspect, examine or audit the operations, placement and monitoring activities, deployment vessel and other equipment, or any documented records;

·        project reporting  and auditing.

 

BJI have provided City officers with the permit conditions, along with an Environmental Management and Monitoring Plan for the SS Pericles Replica and an Environmental Impact Statement.

 

Following BJI’s presentation to Council in February 2021, BJI and City officers have negotiated the terms and conditions of a proposed licence agreement. This report is now presented to Council for consideration and formal endorsement of the Project in the form of the proposed licence.


 

OFFICER COMMENT

BJI have developed the Undersea Sculptures Project over a period of time and have supplied City officers with relevant documentation that indicates BJI has the capacity and resources to deliver the first stage of the Project in the form of the installation of the SS Preicles Replica. Officers have also consulted with the Department of Planning, Lands and Heritage (DPLH) and Department of Transport, as outlined in the Statutory Environment section of this report, who seem generally supportive of the Project. As such, officers have negotiated the essential terms of a proposed licence agreement with BJI, which are now presented to Council for consideration and approval:

 

·    Licensed Activities

Undertaking, completing, maintaining and removing the Sea Dumping Works, commencing with the installation of the SS Pericles Replica ship hull subsequently commissioned and attached fixtures and fittings and sea sculpture modules in accordance with the Installation and Maintenance Plan.

 

·    Licensed Area

The seabed beneath sections 7, 9 and 10 of the Busselton Jetty in an area of approximately 200m x 20m (see Attachment A).

 

·    Licence Non-Exclusive

The licence is non-exclusive and will not create in or confer or grant BJI any tenancy, estate or interest in the Busselton Jetty or Lot 350, other than a contractual right for BJI to use the designated licensed area for the licensed activities.

 

·    Approvals Required

The licence is granted subject to BJI and the City obtaining all approvals and consent required for the Sea Dumping Works which includes the approval of the Minister for Transport and/or the Chief Executive Officer of the Department of Transport, Minister for Lands and any other authorisation required under any Law.

 

·    Structural Integrity

BJI is responsible for the Sea Dumping Works and liable for any damage caused to the Busselton Jetty through or by the Works.

 

·    Term

The term will commence on the date the licence is entered into and will expire on 5 April 2038 (the date of expiry of the first term of the Busselton Jetty Licence) or upon earlier termination of the Licence Agreement.

 

·    Licence Fee

The proposed licence fee payable by BJI to the City is outlined in the Financial Implications section of this report.

 

·    Public access

BJI must ensure that the licensed activities do not restrict public access to the licensed area or any other section of Lot 350 or the Adjacent Reserve.

 

·    Licensee to undertake and complete Sea Dumping Works

As BJI will be undertaking the Sea Dumping Works on Crown land, the licence agreement will include a number of terms and conditions detailing BJI’s obligations and liabilities during the deployment, maintenance and removal phases of the Project.  Primarily BJI must undertake the Project in accordance with the Sea Dumping Permit, the Installation and Maintenance Plan and any other authorisations, at their cost and risk.

·    Variation of Installation and Maintenance Plan

BJI must not vary the design, dimensions and/or location of the SS Pericles Replica and subsequent installations once approved.  Any change to the construction methodology or departure from the works program requires the prior written consent of the City. The Installation and Maintenance Plan will be subject to annual review and updates as necessary to accommodate the staging of the Project.

 

·    Contamination and Pollution

As BJI will be undertaking the Sea Dumping Works in an environmentally sensitive area, the licence agreement will include a number of terms and conditions detailing BJI’s obligations with regards to environmental contamination reporting and remediation, including an end of term environmental report.

 

·    Relocation of Sea Dumping Works to Allow Jetty Maintenance

BJI must, at their cost, make arrangements for the removal or repositioning of the Sea Dumping Works if required by the City for the purpose of maintenance of the Busselton Jetty and/or the Reserve.

 

·    Insurances

BJI will be required to effect and maintain, at its cost, adequate building, public liability and workers compensation insurance.

 

·    General Conditions        

The proposed licence agreement will include “general” conditions similar to those contained in the existing Busselton Jetty Licence, e.g. no additions or alterations to the Busselton Jetty or to Lot 350 will be allowed without the City’s prior approval. Terms and conditions dealing with default, damage to or destruction of the Sea Dumping Works and Busselton Jetty, holding over and surrender and reinstatement of the licensed area (if appropriate) upon termination of the licence agreement will also be included.

 

It is considered that a licence agreement based on the above terms and conditions is the most effective way of providing BJI with a formal operating framework encompassing the legal and commercial arrangement between the City and BJI in relation to the Project. Subject to Council’s endorsement of the Project and licence agreement terms and conditions, BJI will be required to submit a Development Application for the SS Pericles Replica deployment which will be assessed by officers as delegated by Council.

Statutory Environment

Land Administration Act 1997 (WA) (LAA)

The Busselton Jetty is constructed on Reserve 46715, which is Crown land reserved under section 41 of the LAA for the purpose of “Recreation, Tourism, Heritage, Education and Marine Research” and for purposes ancillary or beneficial to that designated purpose only. Pursuant to section 46 of the LAA, the Minister for Lands may by order vest care, control and management of a reserve for its designated purpose with a person (including a local government).

 

Care, control and management of Reserve 46715 has been vested in the City on conditions set out in the Management Order. Pursuant to conditions 3.1 and 3.2 of the Management Order, the City has the power to grant, subject to obtaining the Minster’s prior approval, “a lease, sublease or licence over any part of the Reserve”.  Under the Management Order the City may, subject to the other conditions of the Management Order, grant a lease or licence for a term that is not to exceed in total 49 years and which may comprise an initial term of not more than 25 years, with an option to renew for a further term not exceeding 24 years. 

 


 

Jetties Act 1926 (WA) (Jetties Act)

The Busselton Jetty is managed and operated under a jetty licence granted to the City by the Department of Transport under the section 7 of the Jetties Act. In terms of this licence, the City:

 

·        May only use the Busselton Jetty for the use permitted under this licence (which includes operation of the existing Underwater Observatory, Interpretive Centre and a portion of the Railway);

·        May appoint a person or entity to undertake its management obligations (or some of them) in respect to the Busselton Jetty;

·        Must maintain the Busselton Jetty in accordance with a pre-approved maintenance plan;

·        Must not undertake, and must not permit, any structural changes or additions to the Busselton Jetty without the Department’s prior approval; and

·        When seeking approval for structural changes or additions, must submit detailed plans of and reasons for the proposed changes and a maintenance plan for ongoing maintenance of any new structural addition.

 

The Department of Transport has advised that, since the objects associated with the Sea Dumping Works are to be placed on the ocean floor within the Jetty Reserve and are not attached or have any effect on the Jetty’s integrity, it will not require a variation to the existing licence agreement, however it will require approval from the Department’s Navigational Safety section.

 

Local Government Act 1995 (WA) (LGA)

Section 3.58 of the LGA regulates the disposal of property by a local government (including “the whole or any part of the interest of a local government in property”) whether by sale, lease or other means. In terms of section 3.58 a local government is required to give local public notice when disposing of “property”, unless the “property” is disposed of by way of a public tender or public auction. However, under regulation 30(2)(b) of the Local Government (Functions & General) Regulations 1996, disposition of local government property to an organisation whose objects are charitable or benevolent and preclude members from sharing the profit from transactions is excluded from the requirements under section 3.58. Therefore, to the extent that the proposed licence agreement between the City and BJI could be considered “disposal” of local government “property” as contemplated under section 3.58 of the LGA, the exemption under regulation 30 (2)(b) will apply.

 

Relevant Plans and Policies

The Undersea Sculptures Project is consistent with the contents of the Busselton Foreshore Master Plan, where activation of the Busselton foreshore is identified as a key priority.

The City’s Corporate Business Plan identifies key City led or funded priority actions and projects over the ensuing four years. This project was not identified as a short-term project and as such is not contained within the City’s current Corporate Business Plan.


 

Financial Implications

The licence fee payable by BJI pursuant to the existing Busselton Jetty Licence (that is for collecting entrance fees and operating the Busselton Jetty train, the UWO and the Interpretive Centre) is based on a percentage of BJI’s “Gross Revenue” and payable in bi-annual instalments into the Jetty Maintenance Reserve Account. Rental income from commercial sites/operations at the Busselton Foreshore (including the existing Busselton foreshore cafes, the new microbrewery and the proposed hotel development) is paid into the Jetty Maintenance Reserve Account to contribute towards the costs of maintaining the Busselton Jetty. Currently, the annual maintenance costs of the Busselton Jetty (as budgeted for in the Busselton Jetty Long Term Maintenance Plan) exceed the City’s income from above-mentioned income streams.

 

The Undersea Sculptures Project has been developed, amongst other things, on the basis of value-adding to the overall visitor experience with the aim of attracting more visitation over the life of the Project.  With additional visitation to the Jetty, there is an opportunity to increase the generation of revenue, thus increasing the licence fee payable to the City.  It is therefore proposed that a nominal fee of $1 only be imposed on BJI for the Project.

 

As BJI are the Project owner, all associated costs will be the responsibility of BJI.

Stakeholder Consultation

In seeking to reaffirm previous visitor survey responses that indicated installing artificial reefs at Busselton Jetty would enhance marine life viewing, BJI put its current plan for artificial reefs out to the public for feedback. This was undertaken via an online survey (164 responses) and two community presentations at meetings of the BJI members (70 attendees) and the Busselton Naturalists Club (80 attendees).

 

From the online surveys, 110 respondents were City of Busselton residents and overall (including in person consultation) 71% of responses were from local people. 100% of respondents had visited Busselton Jetty previously so had a keen interest in the artificial reef proposal, with 85% of participants scoring the proposal an 8 or higher out of 10. The overall benefits to the marine environment through providing additional habitat in the form of artificial structures was the most common feedback, with some people also linking this benefit to additional tourism opportunities.

 

Whilst many respondents are supportive of BJI’s artificial reef proposal, the survey also served as a tool for people to voice their concerns, with environmental damage and objects having a lack of meaning being the most common concerns. Concern was also raised around impacts of increased visitation (‘over tourism’) at the Jetty and around the foreshore precinct.

Risk Assessment

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

 

SS Pericles Replica and undersea sculptures infrastructure compromises the structure integrity of Busselton Jetty.

Risk Category

Risk Consequence

Likelihood of Consequence

Risk Level

Public Safety / Health

Catastrophic

Rare

High

 

The proposed terms and conditions, specifically the Installation and Maintenance Plan, serves to mitigate this. The City reserves the right to have independent advice on the Installation and Maintenance Plan for each deployment.

Options

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

·        Resolve not to approve the Undersea Sculptures Project; or

·        Amend the draft terms and conditions of the proposed licence agreement.

CONCLUSION

The City considers that the Undersea Sculptures Project is mutually beneficial to Western Australia, BJI, the City and the public at large. It is considered that the Project will facilitate additional visitation to the Busselton Jetty and ultimately increase revenue opportunities and therefore licence fees payable to the City to maintain the Jetty. The proposed licence agreement is considered to be the most effective way of providing BJI a platform to undertake the Project and to formalise the legal arrangements and commitments between the City and BJI in relation to the Project.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

BJI will be advised immediately should Council resolve to adopt the officer recommendation. BJI anticipates to undertake the first stage of the Sea Dumping Works, deployment of the SS Pericles Replica, prior to the onset of the winter season.


Council

14

14 April 2021

15.1

Attachment a

Project location

 

 

 


Council                                                                                      21                                                                      14 April 2021

16.1           ADOPTION OF DRAFT STRATEGIC COMMUNITY PLAN FOR ADVERTISING

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

6.2 Council engages broadly and proactively with the community.

SUBJECT INDEX

Strategic Planning

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Corporate Planning Officer - Cathy Burton

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Draft Strategic Community Plan 2021 - 2031  

 

Council Decision and Officer Recommendation

C2104/062              Moved Councillor P Carter, seconded Councillor P Cronin

 

That the Council adopt the draft City of Busselton Strategic Community Plan 2021-2031 (attached) for the purposes of public advertising and further community consultation over a period of 21 days, to inform the completion of the plan.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

The draft Strategic Community Plan 2021-2031 (the Plan) (Attachment A) is the outcome of the major (four year) review of City’s Strategic Community Plan adopted in 2017 and reviewed (minor review) in 2019. The Plan has been informed by community feedback, by the strategic direction of relevant state agencies, and has both helped to inform, and been informed by, the recently adopted Long Term Financial Plan 2021- 2031.  The Plan reflects the Council’s strategic direction.

 

This report seeks Council endorsement for the Plan to be advertised for a period of 21 days, such that community feedback can be sought, with the Plan to be returned to Council for final adoption by the end of June.

 

BACKGROUND

Section 5.56 of the Local Government Act 1995 (the Act) requires that a local government plan for the future.  Further, the Local Government (Administration) Regulations 1996 (the Regulations) set out the requirements by which all local governments must do this, including that local governments must develop a strategic community plan for their district, covering a period of at least 10 financial years, and that they review that plan every four years.  This plan sits at the top of the Department of Local Government, Sport and Cultural Industries (DLGSC) Integrated Planning and Reporting (IPR) Framework, which also involves the development of a supporting corporate business plan and resourcing strategies, being the long term financial plan, asset management plans and workforce plan.

 

A strategic community plan documents the community’s vision and aspirations, and must be developed through consultation with the community.  To meet the basic standard under the DLGSC’s Advisory Standard for IPR, engagement with a minimum of 500 people through two documented engagement processes is required.  

 

The City’s current Strategic Community Plan 2017 was adopted by Council on 12 April 2017 following a major review of the 2013 plan.  Amendments were adopted on 10 April 2019 following a minor two year desktop review.

OFFICER COMMENT

Review of the current strategic community plan was launched on 1 June 2020 with the Catalyse Pty Ltd Community Satisfaction (Scorecard) Survey.  This survey is conducted every two to three years to assess the level of community satisfaction with City services and facilities.  This year we also asked the community what their ideal City of Busselton looks like in the future and what their priorities are as we look towards 2035. 4,000 community members were randomly selected to complete the survey, with 584 responding to that invitation. A further 247 residents, 121 out of area ratepayers and visitors, and 66 Council-affiliated respondents also completed the scorecard, bringing the total number of responses to 1,018. 

 

The results of the Catalyse survey were further explored and supported through a second round of community engagement, taking place between 1 October 2020 and 7 November 2020, badged “Your City in 2035 - What matters to you?” 

 

During this stage of engagement, community members could complete a survey on the City’s Your Say Busselton website, telling us how they would describe their perfect City of Busselton, what they enjoy about living here, what they’d like to see more of, and what one thing they would prioritise to make the City of Busselton an even better place to live. Flyers seeking information about community priorities, and hard copy surveys were also promoted and available at the City’s libraries and a range of community events. 

 

In addition, three random invite community workshops were held, a dedicated youth survey was distributed to students at St Mary MacKillop College, and through the City’s youth facility, Councillor connect appointments were available for members of the community to attend, and City officers engaged with patrons of Cliff’s Kitchen, St Mary’s Anglican Church and St George’s Anglican Church Community Care, and met with representatives of the Undalup Association to explain the review process and request input. 

 

Throughout the total engagement process, the City registered 1,658 engagements, being the number of attendees at workshops and appointments, in addition to the number of separate submissions received.

 

More information about the various engagement mechanisms is outlined under the Stakeholder Consultation section of this report. 

Community Engagement Outcomes

The engagement outcomes overall reflect the vision and aspirations of our current Strategic Community Plan – that is, a place Where Environment, Lifestyle and Opportunity Meet.

 

We again heard that our environment is regarded by the community as our most valuable asset and is, for a lot of us, the reason we live here. People enjoy the relaxed country feel and the lifestyle the City offers, with the provision of recreational and leisure facilities seen as important.  People are also seeking opportunities, through industry diversification and employment growth, through improved road, air and future rail connections, and through the development of vibrant and active town centres. 

 


 

Overall the matters most frequently raised throughout the engagement included:

 

·        Diversification of industry and promotion of employment opportunities, while recognising and supporting the importance of tourism. 

·        Activation of town centres - during the day through the activation and opening of businesses, and at night with increased vibrancy and local events.

·        A desire for well managed and authentic development that allows us to preserve our country feel, and maintains green corridors and public open space.

·        Improved community consultation, and a demonstration of listening, with increased attention to resident and ratepayer needs across the whole district.

·        Conservation of the City’s natural environment, with management and protection of our coastlines a particular priority.  Restoration and maintenance of the Vasse River was also seen as very important.

·        Provision of sporting and recreation infrastructure, including more basketball courts, improved football ovals, an upgrade to Bovell Park and increased aquatic facilities.

·        Ongoing rural road maintenance, improved road design to relieve traffic congestion and completion of the dual carriageway highway between Capel and Busselton.

·        A desire for more policing, less crime and drug prevention programs that help people to feel safe. 

·        Improved recycling options.

·        More things for youth to do and more indoor activities.

 

The matters raised were considered and workshopped by Council for the purpose of reviewing and determining Council’s strategic direction and priorities. 

 

Draft Strategic Community Plan 2021- 2031

The result is a draft plan shaped around four key themes aligned to the overall vision - Environment, Lifestyle, and Opportunity, with these underpinned by collaborative and accountable Leadership.  These four key themes serve to activate the vision, and reflect the priority aspirations of the community.

 

Within each key theme, the community’s aspiration is set out, based on the collective feedback. A synopsis of that feedback is provided in the “we heard you want” section, in addition to the “how we put the plan together” section of the Plan. 

 

In response to the community aspiration Council has identified key strategic priorities. In most instances, these build on Council’s current strategic direction, and are informed not only by community feedback but also by the strategic direction of relevant State agencies and taking into account our capacity to resource the priorities, in addition to deliver core services. 

 


 

The City’s recently adopted Long Term Financial Plan 2021 - 2031 (LTFP) outlines the City’s resourcing capacity, and was informed by this major review process as well as helping to guide the development of the Plan. For instance, the provision of a range of sporting and recreation facilities had already been factored into the LTFP as a result of the strategic direction set in the City’s current Strategic Community Plan 2017 and furthered by the Sport and Recreation Strategy 2020 – 2030.  This ongoing strategic direction has been reflected in the Plan.  Increased funding for coastal management on the other hand was factored into the LTFP given the community feedback received about its importance and based on development of a Coastal Hazard Risk Management and Adaptation Plan.       

 

Delivery of our services are also critical to the achievement of community aspirations.  While services often support the achievement of multiple key themes, they are aligned in the Plan to a key theme on a best fit basis.  Finally, in each key theme a range of supporting plans and strategies are listed.  A brief overview of each key theme is provided below.    

 

Key Theme 1 - Environment

Community Aspiration - An environment that is valued, conserved and enjoyed by current and future generations.

 

This theme focuses on the City’s natural environmental attributes. The strategic priorities reflect the need to consider environmental values as part of development, and to work collectively with the community and other key partners in conserving our environment.  There is an ongoing focus on the health of our waterways including the Vasse River, along with an increasing priority on managing the impacts of climate change on the City’s coastlines.  Effective waste management and the promotion of environmentally responsible practices are also important.

 

Key Theme 2 - Lifestyle

Community Aspiration - A place that is relaxed, safe and friendly, with services and facilities that support a sense of lifestyle and wellbeing.

 

This theme focuses on the services and infrastructure that help to enhance people’s daily lives and contribute to the enjoyment of their lifestyle.  It is the theme where, as a City, we provide the broadest range of City services.  In accordance with the Sport and Recreation Strategy 2020-2030 and the LTFP there is a focus on the provision of sport and recreation facilities to support healthy and active lifestyles.  There is also a commitment to a performing arts facility, improved road, path and cycle ways, youth development, and continued support and advocacy in relation to the building of a safe, healthy and capable community.

 

Key Theme 3 - Opportunity

Community Aspiration - A vibrant City with diverse opportunities and a prosperous economy.

 

The opportunity theme is largely focused on economic growth, diversification, and activation, and the opportunities that brings in terms of employment and business investment.  It also addresses the opportunity to activate our town centres so they offer consumer choice, and add vibrancy and a sense of place.  The continued progression of aviation opportunities and planning for future road and rail infrastructure is also noted.

 

Key Theme 4 - Leadership

Community Aspiration - A Council that connects with the community and is accountable in its decision making.

 

The final key theme, Leadership, underpins delivery of all of the other themes.  It addresses Council accountability and engagement with the community, good financial management and good organisational governance. The community were clear around their desire for improved Council engagement and transparency and this is a key strategic priority.

Overall, the Plan is not new in its strategic direction.  Much of the feedback received through this review is consistent with feedback received in previous years, including matters connected with environmental conservation, community safety and security, the provision of sport and recreation facilities, limiting urban sprawl, housing affordability, the need for CBD activation and improved employment opportunities.

 

The Plan is however intended to be more concise, reducing the key goal areas (now key themes) from six down to four, and setting out a clear aspiration and a set of strategic priorities in each.  While the current plan is very comprehensive, there are multiple and sometimes overlapping goal areas, objectives and strategies.

 

Striking the right balance between progression and opportunity, protecting our natural environment, and retaining our unique character, lifestyle will be challenging.  It requires careful thought, planning and collaboration across all stakeholders.  The Plan emphasises the need for this collaboration and that there are limits on the City’s ability to achieve all of the strategic priorities in isolation. The Plan commits to working with key partners and to advocating where necessary for outcomes that produce positive community impacts.

 

Advertising of the Plan

While the community has been offered the opportunity to contribute their thoughts and ideas around the future of the district, they have not yet had an opportunity to comment on the Plan and how it has been modified from the current Strategic Community Plan 2017.  It is therefore recommended that the Plan is advertised for a period of 21 days, allowing time for the community to provide feedback by way of submissions.  During this time staff will promote the Plan through the Your Say Busselton site and through social media and the City’s website.  Staff will also hold two community information sessions, one in Dunsborough and Busselton.  It is hoped that this will help to facilitate community awareness and understanding of the Plan and its purpose.

 

Feedback will be collated and reported to Council, with possible amendments proposed depending on the feedback received. The Plan (with any amendments) will then be formally presented to Council for adoption by an absolute majority.

Statutory Environment

Section 5.56 of the Act requires local governments to plan for the future, ensuring that plans made are in accordance with any regulations made about planning for the future of the district.

 

Regulation 19C of the Regulations requires the creation of a strategic community plan in accordance with the following:

1.         A local government is to ensure that a strategic community plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

2.         A strategic community plan for a district is to cover the period specified in the plan, which is to be at least 10 financial years.

3.         A strategic community plan for a district is to set out the vision, aspirations and objectives of the community in the district.

4.         A local government is to review the current strategic community plan for its district at least once every 4 years.


 

5.         In making or reviewing a strategic community plan, a local government is to have regard to —

(a)       the capacity of its current resources and the anticipated capacity of its future resources; and

(b)       strategic performance indicators and the ways of measuring its strategic performance by the application of those indicators; and

(c)       demographic trends.

6.         Subject to subregulation (9), a local government may modify its strategic community plan, including extending the period the plan is made in respect of.

7.         A council is to consider a strategic community plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

8.         If a strategic community plan is, or modifications of a strategic community plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

9.         A local government is to ensure that the electors and ratepayers of its district are consulted during the development of a strategic community plan and when preparing modifications of a strategic community plan.

10.       A strategic community plan for a district is to contain a description of the involvement of the electors and ratepayers of the district in the development of the plan or the preparation of modifications of the plan.

*Absolute majority required.

 

The Regulations also require that a corporate business plan is made for the district covering at least 4 years and setting out, consistent with any relevant priorities set out in the strategic community plan for the district, a local government’s medium term priorities.

Relevant Plans and Policies

The DLGSC’s Advisory Standard for IPR dated September 2016, requires a strategic community plan to meet a minimum Achieving Standard.  The Achieving Standard is satisfied when:

(i)        an adopted strategic community plan meets all regulatory requirements;

(ii)       a local government has a community engagement policy;

(iii)      community engagement involves at least 500 or 10% of community members, whichever is the fewer and is conducted by a least two documented mechanisms; and

(iv)      a strategic review occurs every two years, alternating between a minor and major strategic review.

 

Following adoption of a final strategic community plan, the key themes and priorities will inform development of the City’s Corporate Business Plan 2021-2025. The Corporate Business Plan 2021-2025 will detail the actions designed to achieve the strategic priorities, and will set out a more detailed overview of the City’s service delivery.

 

Both the strategic community plan and the corporate business plan inform and are informed by the City’s LTFP, as the City’s primary resourcing guide.

Financial Implications

The Plan has been developed cognisant of, and has also helped to inform, the City’s LTFP.  The LTFP makes provision for new and improved sport and recreation infrastructure, for a performing arts centre, for funding towards the Vasse River and waterway improvements, and for the future management of the City’s coastlines.  As noted earlier, funding within the LTFP has in some areas been increased and reallocated in response to feedback gathered through the engagement process. 

Overall, the City is well positioned to fund core services and strategic priorities, with several sources of revenue available, including rates, borrowings, reserves, contributions and grants. 

 

With respect to the proposed advertising of the Plan, this will be conducted in house and is catered for within the City’s current budget.

Stakeholder Consultation

Community engagement to inform the review of this Plan began in June 2020 and ran through (in two stages) to early November 2020. A total of 1,658 engagements were registered. 

 

The Catalyse Pty Ltd Community Satisfaction (Scorecard) Survey was sent to 4,000 randomly selected people, with the opportunity for other to opt-in.  A total of 1,018 submissions were received, with a statistically valid random sample of 584.  

 

The opportunity for broader community input in stage 2 of the engagement was promoted through:

 

·        advertisements in the Busselton-Dunsborough Times newspaper;

·        the City’s Council Connect page in the Busselton-Dunsborough Mail newspaper;

·        the City’s Facebook, LinkedIn and Instagram sites; and

·        the September edition of the City’s Bay to Bay newsletter.

 

Flyers and questionnaires were also distributed at community events. All of these promotional channels directed the community to the City’s Your Say site at www.yoursay.busselton.wa.gov.au where the online version of the questionnaire could be completed or an idea relevant to the review could be submitted.

 

Other key community engagement mechanisms are outlined in brief below:

 

(i)           Workshops

2,000 community members randomly selected from the City’s electoral role, were invited to participate in one of three independently facilitated community workshops, two being face to face workshops; one in Dunsborough on Monday 26 October 2020 and the other in Busselton Tuesday 27 October 2020. The third workshop was an online session held in the evening of Tuesday 27 October 2020.  Workshop participants were asked to identify –

 

·        three words that would describe the perfect City of Busselton,

·        what they wanted from a strategic community plan, and

·        what changes were required to improve the current strategic direction.

 

(ii)          Youth

A questionnaire specifically designed for year 7 to 9 students was distributed to students at St Mary MacKillop College, while upper school students from the college completed the main questionnaire.  Youth attending a joint Rio Tinto/City of Busselton event at the Dunsborough Skate Park also had the opportunity to provide input via the flyer, and surveys were available at the City’s Youth facility.


 

(iii)         Councillor Connect Appointments

Using the survey questionnaire as a guide for discussion, Councillors met with individuals and small groups of up to five people in 30 minute appointments, to discuss the City’s strategic direction. Appointments at the Naturaliste Community Centre in Dunsborough were available on Friday 9 October 2020, Saturday 10 October 2020 and Thursday 5 November 2020. Appointments at the Community Resource Centre in Busselton were available on Thursday 15 October 2020 and Friday 16 October 2020.  17 people attended one of these appointments.

 

(iv)          Community Kitchens

City Officers engaged with the patrons of Cliff’s Kitchen at St Mary’s Anglican Church on two occasions in October during which patrons voluntarily completed questionnaires and had the opportunity to explain their response, which was duly recorded by the attending City officer.  Officers also attended the community kitchen at St Georges Anglican Church Community Care in Dunsborough on two occasions.  In each case the presence of Officers at these events was made possible in cooperation with the respective community kitchen coordinators.

 

(v)          Child Care Centres / Families

Throughout the duration of this engagement period the coordinator of Goodstart Early Learning centres in Busselton and Dunsborough helped the City reach out to the carers by allowing both centres to act as a distribution and collection point for flyers and questionnaires.

 

(vi)         Undalup Association

First Nations residents were encouraged to contribute to the review. A review project team member met with the Vice Chairperson of the Undalup Association to explain the review process and request input from the Association members. Questionnaires were available at the Undalup Association office to encourage member feedback.

 

(vii)        Community Events

A member of the review team attended the City’s Early Years Annual Play Day where parents and promoters were invited to complete questionnaires. Officers also handed out questionnaires to patrons of holiday activities at the Dunsborough Lions Park, Mitchell Park and at the Busselton Festival Triathlon.

 

(viii)       Staff Workshop

On 1 December 2020, City staff members had the opportunity to appraise the outcomes of the engagement process and assist with formulating proposed strategic priorities, identifying any gaps that may have been obvious based on their own ‘on ground’ experience from working with the community. 

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.         Decide not to endorse the draft Strategic Community Plan 2021-2031 for advertising and instead choose to adopt the Plan. While consultation has occurred during the development of the Plan, further advertising is recommended to ensure the community is consulted in relation to the detail of the Plan.

2.         Request further amendments to the Plan prior to advertising.

CONCLUSION

The City of Busselton has reviewed its strategic community plan in accordance with legislative requirements, and has developed a revised draft Strategic Community Plan 2021-2031. The Plan is provided to Council for endorsement and approval to advertise for further community feedback.  It is proposed that the Plan is advertised for a period of 21 days, with feedback being collated and considered. The Strategic Community Plan 2021-2031 (inclusive of any proposed amendments) will then be formally presented to Council for adoption.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Upon Council endorsing the Plan, it will be advertised as soon as possible for a period of 21 days.


Council

24

14 April 2021

16.1

Attachment a

Draft Strategic Community Plan 2021 - 2031

 





























Council                                                                                      52                                                                      14 April 2021

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Councillors' Information Bulletin

BUSINESS UNIT

Executive Services

REPORTING OFFICER

Reporting Officers - Various

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

Noting: The item is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Current Running SAT Reviews as at 31 March 2021

Attachment b    HIA Building Grants Letter  

 

Council Decision and Officer Recommendation

C2104/063              Moved Councillor P Carter, seconded Councillor P Cronin

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

17.1.1       State Administrative Tribunal Reviews 

17.1.2       Correspondence: Local Government Performance during Grants Eligibility Period

17.1.3       Correspondence: Yallingup - Aboriginal (Wadandi) Statue

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting. The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

 

INFORMATION BULLETIN

17.1.1       State Administrative Tribunal Reviews 

A summary of the current State Administrative Tribunal reviews is provided at Attachment A.

17.1.2       Correspondence: Local Government Performance during Grants Eligibility Period

A copy of correspondence received from Housing Industry Association Limited (HIA) in recognition of the efforts of local governments over the very busy grants eligibility period is provided at Attachment B.

17.1.3       Correspondence: Yallingup - Aboriginal (Wadandi) Statue

Correspondence has been received from the Yallingup Residents Association, following the unveiling of the Wadandi statue of Korrianne Gnwirri at Slippery Rocks in Yallingup:

“Our thanks to the City of Busselton for your support and efforts with the Wadandi Statue.

A great community asset and attraction for locals and tourists alike.”


Council

54

14 April 2021

17.1

Attachment a

Current Running SAT Reviews as at 31 March 2021

 



Council

55

14 April 2021

17.1

Attachment b

HIA Building Grants Letter

 


Council                                                                                      63                                                                      14 April 2021

ITEMS FOR DEBATE

13.1           DRAFT LOT 4069 COMMONAGE ROAD, YALLINGUP STRUCTURE PLAN - ADOPTION FOR FINAL APPROVAL

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Structure Plans

BUSINESS UNIT

Strategic Planning

REPORTING OFFICER

Principal Strategic Planner - Louise Koroveshi

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: adoption of “legislative documents” such as local laws, local planning schemes and local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Location Plan

Attachment b    Draft Lot 4069 Commonage Road, Yallingup Structure Plan

Attachment c    Schedule of Modifications

Attachment d   Plan Illustrating Recommended Modifications

Attachment e    Extract Commonage Policy Area Consolidated Structure Plan

Attachment f    Schedule of Submissions  

 

DISCLOSURE OF INTEREST

Date

14 April 2021

Meeting

Ordinary Council

Name/Position

Cr Kelly Hick, Deputy Mayor

Item No./Subject

13.1 Draft Lot 4069 Commonage Road, Yallingup, Structure Plan – Adoption for Final Approval

Type of Interest

Impartiality Interest

Nature of Interest

I am a friend of a person who made a submission in respect to the draft structure plan that is being considered.

 

Officers foreshadowed an amended officer recommendation prior to the meeting and this was moved before the officer recommendation, which was:

 

OFFICER RECOMMENDATION

That the Council:

1.         Adopts the Draft Lot 4069 Commonage Road, Yallingup, Structure Plan for final approval, subject to the modifications set out in the Schedule of Modifications and illustrated at Attachment D, pursuant to Part 4 of the Deemed Provisions (Schedule 2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

2.         Notes the Schedule of Submissions at Attachment F.

 


 

Council Decision and AMENDED Officer Recommendation

C2104/064              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

That the Council:

1.              Adopts the Draft Lot 4069 Commonage Road, Yallingup, Structure Plan for final approval, subject to the modifications set out in the Schedule of Modifications and illustrated at Attachment D, pursuant to Part 4 of the Deemed Provisions (Schedule 2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.              Notes the Schedule of Submissions at Attachment F.

3.              Modifications as follows:

a)             Amends the Schedule of Modifications to include the following condition in ‘Part One-Implementation’ of the Structure Plan Report:

“1 g) the single, shared crossover and access way for proposed Lots 4 and 5 is to extend to the western boundary of the landscape buffer and shall be designed to minimise direct line of sight from Commonage Road to residential development within the respective lots.”

CARRIED 9/0

 

Reasons:              The amendment is proposed to: minimise the visibility of future residential development on proposed Lots 4 and 5 from Commonage Road; and assist in maintaining the visual and landscape amenity of Commonage Road.

 

EXECUTIVE SUMMARY

The Council is requested to consider adopting for final approval a draft Structure Plan as it relates to Lot 4069 Commonage Road, Yallingup. The proposal seeks to create five rural residential lots with varied lot sizes designed to minimise the impact of clearing for development. The proposal seeks a variation to the minimum lot size, however complies with the average lot size required under the Commonage Policy Area Consolidated Structure Plan (CPACSP) and is considered to provide demonstrable community benefit through protecting extensive remnant vegetation, and also providing additional emergency access for bushfire management. 

 

The draft Structure Plan was adopted for advertising under delegated authority on 28 May 2020. As a result of advertising, 13 submissions were received. Three submissions did not support the proposal and six expressed concerns about elements of the proposal. Modifications to the draft Structure Plan and Bushfire Management Plan are being recommended in response to the key concerns raised.

 

The draft Structure Plan has been prepared in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. Officers are recommending that the draft Structure Plan is adopted for final approval, subject to recommended modifications, and referred to the Western Australian Planning Commission (WAPC) for endorsement.

 

The proposal is being brought to Council for determination because, during the 14-day Council referral period that is required before a recommendation can be made to the Western Australian Planning Commission by officers acting under delegation, two Councillors requested that the Chief Executive Officer instead bring the matter formally to Council for consideration. Under the terms of the delegation, where two or more Councillors make such a request, the Chief Executive Officer must consider their requests, and in this case the requests have been supported.


 

BACKGROUND

A proposed Structure Plan for Lot 4069 Commonage Road, Yallingup, was adopted for consultation under delegated authority on 28 May 2020.

 

Lot 4069 Commonage Road, Yallingup (the subject land) has an area of 29.04 hectares and is bound by Wildwood Road to the east and Butterly Road to the west. The subject land is situated 8.5 kilometres south of the Dunsborough town site (Attachment A) and is zoned ‘Rural Residential’ pursuant to Local Planning Scheme 21 (LPS21). A significant portion of the land contains remnant vegetation, with the exception of the north-east portion which is predominantly cleared with isolated tree and vegetation buffer plantings.  There is an existing house and associated outbuildings located in the central northern portion of the lot with access via an existing driveway from Commonage Road. The City has provided comment on numerous proposals over the subject land since 2011. The City has consistently advised that the maximum number of lots that would be considered would be five (5) lots subject to addressing the constraints of development provided by the vegetation and bushfire risk. 

 

The draft Structure Plan proposes five Rural Residential lots that are to be used and developed in accordance with the ‘Rural Residential’ zone requirements. The proposed lots range in size from 2.25ha to 8.48ha to achieve an average lot area of 5.82ha (Attachment B). The proposal seeks to cluster three smaller lots in an east-west configuration fronting Commonage Road (ranging in area between 2.25ha to 5ha) and provides two shared access points to minimise the impact on remnant buffer vegetation. The two larger lots with frontage to Wildwood Road will require some clearing of vegetation to facilitate development.

 

This will be controlled through the application of a Development Exclusion Area to protect the majority of remnant vegetation over the subject land. The proposed lot on the corner of Butterly Road and Wildwood Road will have access from Butterly Road, and the central lot will have shared access via a battle-axe to Commonage Road. An emergency access way has been provided to link to the driveways from proposed Lots 2 and 3 to Butterly Road to meet bushfire planning and emergency management requirements.

 

Technical Assessments

The draft Structure Plan is supported by environmental, land capability and bushfire risk assessments, with the main outcomes summarised below under appropriate subheadings.

 

Vegetation Flora and Fauna Assessment (Ecosystem Solutions)

A reconnaissance survey concluded that there were no Declared Rare Flora species on the subject land. Utilising the scale of condition developed by Keighery (1994) the report concluded that the majority of the remnant vegetation within the site has been classified as ‘Excellent’ to ‘Good’ with remaining areas classified as ‘Degraded’ or ‘Completely Degraded’ as they comprise predominately planted species.

 

The field fauna survey report concluded that Black Cockatoo species may utilise the site for feeding within their range and it is assumed that they are not relying on the site for habitat or a major food source. The study identified 70 trees with a diameter in excess of 500mm with 14 trees observed with hollows or with potential for hollows suitable for nesting of Black Cockatoo species. There was no evidence of use or visitation by Western Ringtail Possums observed within the site.

 


 

The assessment recommends that those trees with observed or potential hollows be retained where possible. Trees requiring removal within an Asset Protection Zone will be selected to maintain those with observed or potential hollows. The assessment also recommends that a condition of subdivision requires a Section 70A Notification on Certificates of Title informing landowners of the existence of significant trees with potential hollows for Black Cockatoos and that those trees must not be removed or damaged.

 

Soil Wastewater Assessment (Environmental and Landscape Management)

The Soil Wastewater Assessment report states that the draft Structure Plan meets the Department of Health policy requirements. The report states that standard on-site water supply and on-site wastewater management systems (i.e. septic tanks and leach drains) are capable of being approved for all development.

 

Bushfire Management Plan

The majority of the land is characterised by extreme bushfire risk – with the exception of the north-east portion of the land. A Bushfire Management Plan (BMP) includes a number of actions (including ‘acceptable solutions’) to be undertaken by the developer (at the subdivision stage) and the landowner (at the development stage). These actions have been considered/addressed on the draft Structure Plan and as provisions applicable to the land in the Bushfire Management Plan, which include:

·        Provision of one 50,000 litre water tank to be provided for fire-fighting purposes (shown on the Structure Plan);

·        Provision of an Emergency Access Way for Lots 1 and 2 to ensure emergency access for fire services, and provide the option for residents to egress westwards in an emergency situation onto Butterly Road; and

·        Section 70A notifications being placed on each Certificate of Title alerting prospective purchasers/landowners of the responsibilities set out in the approved Bushfire Management Plan, and ensuring that all dwellings are to be constructed in an area identified as having a BAL-29 rating or lower and that is in full compliance with Australian Standards AS3959 (2009) as applicable to the property.

OFFICER COMMENT

The draft Structure Plan seeks to depart from the Commonage Policy Area Consolidated Structure Plan (CPACSP) in two ways: firstly by allowing lot sizes below the recommended 5ha minimum along Commonage Road and, secondly, whilst the CPACSP requires limited access along Commonage Road, two shared access points along Commonage Road are proposed. The design and access as proposed is a result of previous structure plan iterations for the subject land (since 2010) and recent discussions with DPLH and City of Busselton officers. According to the consultant’s report, DPLH officers suggested, in a meeting with the consultant in January 2019, that the structure plan design includes three lots in an east-west orientation along Commonage Road. 

 

Further modifications to the draft Structure Plan are being recommended, following consultation with the applicant, that respond principally to matters raised by the Department of Fire and Emergency Services (DFES) in relation to proposed Lot 5, as follows:

 

·        Adjustment of the Development Exclusion Area boundary to locate future development within an area of low bushfire hazard risk and have a minimal impact on vegetation to implement an Asset Protection Zone, in particular significant trees with potential hollows as identified in the Flora and Fauna Significance Assessment. 

 

 

·        Variation of the development setback for proposed Lot 5 from Commonage Road (as specified by the CPACSP) from 100m to 60m to ensure minimal vegetation disturbance to implement an Asset Protection Zone (APZ). Future development would still be significantly screened from Commonage Road via the existing 20m landscape buffer and vegetation located within the Commonage Road reserve. Additional visual screening could be achieved through infill planting of the landscape buffer in the south-east cleared corner of proposed Lot 5 (without increasing the bushfire risk) and this is included as a recommended modification. 

 

The recommended changes summarised above, and described in more detail in the Schedule of Modifications (Attachment C), are illustrated on Attachment D.

 

The CPACSP, LPS21, State Planning Policy 6.1: Leeuwin-Naturaliste Ridge and City of Busselton Local Planning Strategy 2019 all support consideration for potential flexibility in terms of the intensification of development and subdivision design, on the proviso that a tangible community benefit is demonstrated. The proposed lot density is consistent with the CPACSP with an average lot size of 5ha. The reduced minimum lot size of 5ha to 2.2ha for one lot fronting Commonage Road and additional access is generally supported as the proposed lot layout maximises the use of the existing cleared portion of the land for development whilst supporting retention and enhancement of natural and rural landscapes across the property. The lot sizes are also consistent with existing rural residential areas to the north, thus the draft Structure Plan density and lot design is considered to be well-integrated and generally in keeping with the aims and policy objectives of the CPACSP. Also, the draft Structure Plan reflects the Emergency Access Way requirements set out in the Bushfire Management Plan, providing a demonstrable local community benefit.

 

The proposal has been prepared in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. Officers are recommending that the draft Structure Plan be adopted for final approval, subject to the recommended modifications set out at Attachment C (and illustrated on Attachment D), and referred to the WAPC for endorsement.

Statutory Environment

The key components of the statutory environment for the proposal are set out in the City of Busselton Local Planning Scheme No. 21 and the Planning and Development (Local Planning Schemes) Regulations 2015. Each is discussed below under appropriate subheadings.

 

City of Busselton Local Planning Scheme No. 21

The land is zoned ‘Rural Residential’ and included in the ‘Landscape Value Area’. The proposal is considered to be generally consistent with the objectives of the ‘Rural Residential’ zone under LPS21.

 

Planning and Development (Local Planning Schemes) Regulations 2015

The Planning and Development (Local Planning Schemes) Regulations came into operational effect on 19 October 2015 and introduced deemed provisions for the preparation, advertising and approval of structure plans. The deemed provisions are adopted into LPS21 and define the process for receiving and assessing proposed structure plans and/or modifications to same. Local governments are to have ‘due regard’ to approved structure plans when making decisions relating to subdivision and development.


 

Relevant Plans and Policies

The key strategies and policies most relevant to the proposal are:

 

·        State Planning Policy 6.1: Leeuwin-Naturaliste Ridge Policy (2003)

·        State Planning Policy 3.7 Planning in Bushfire Prone Areas (2015) and Guidelines for Planning in Bushfire Prone Areas (2017)

·        Leeuwin-Naturaliste Sub-Regional Strategy (LNSRS) (2019)

·        City of Busselton Local Planning Strategy (2019)

·        Commonage Policy Area Consolidated Structure Plan (2004)

·        EPA Guidance Statement No. 3: Separation Distances Between Industrial and Sensitive Land Uses (2005)

·        Department of Health Guidelines for Separation of Agricultural and Residential Land Use (2012)

 

State Planning Policy 6.1: Leeuwin-Naturaliste Ridge (2003)

The Leeuwin-Naturaliste Ridge State Planning Policy 6.1 (SPP6.1) defines the subject land as ‘Rural Residential’ within the Commonage area. The landscape class of ‘Rural Landscape Significance’ and also ‘Travel Route Corridor’ both apply to the subject land and identify natural and rural characteristics that contribute to landscape values. SPP6.1 also encourages that land proposed for rural residential development adopts a ‘cluster principle’ responsive to retaining designated landscape values. The objectives of SPP6.1 have been accommodated in the draft Structure Plan by providing a rural residential lot design which provides (for the most part) consideration and protection of the natural vegetation.

 

State Planning Policy 3.7: Planning in Bushfire Prone Areas (2015) and the Guidelines for Planning in Bushfire Prone Areas (2017)

SPP3.7 directs how the use and development of land should address bushfire risk management in Western Australia. It applies to all land which has been designated as ‘bushfire prone’ by the Fire and Emergency Services Commissioner, as highlighted on the ‘Map of Bush Fire Prone Areas’. The ‘Guidelines for Planning in Bushfire Prone Areas’ gives supporting information to assist in the interpretation of the objectives and policy measures outlined in SPP3.7 and provides advice on how bushfire risk is to be addressed when planning, designing or assessing a planning proposal within a designated bushfire prone area. The subject land is located in a bushfire prone area and, consistent with the requirements of SPP3.7, a Bushfire Management Plan (BMP) has been prepared by suitably qualified fire consultants.

 

Leeuwin-Naturaliste Sub-Regional Strategy 2019

The purpose of the strategy is to manage and plan for growth in the sub-region, respond to environmental landform change, and guide planning for the development of rural land uses. The subject land is designated as ‘Rural Living’ in the strategy and the draft Structure Plan is consistent with that land use designation.

 

It has been assessed that the draft Structure Plan achieves a balance between mitigating bushfire risk and enabling remnant vegetation protection and biodiversity conservation.

 

City of Busselton Local Planning Strategy (2019)

The Local Planning Strategy (LPS) includes the provision to identify and proactively plan for suitable areas of potential re-subdivision/consolidation of existing rural-residential development in both the Commonage and Dunbarton rural residential areas. The City will lead this process in the Commonage area. The draft Structure Plan for Lot 4069 is considered to be consistent with the general aims and objectives of the LPS. 

 

Commonage Policy Area Consolidated Structure Plan (2004)

The CPACSP was endorsed by the City and the WAPC in 2004 as a guide to planning and development within the Commonage area. It should be noted that the CPACSP is an overarching, guiding document and not a ‘Structure Plan’ in the sense that the term is now used in the Regulations.

 

The subject land is located in ‘Precinct 5B’ of the CPACSP, and has three different lot size guides across the property (Attachment E). The area fronting Commonage Road requires a 5ha minimum lot size.  The area along Wildwood Road specifies a minimum lot area of 3ha, and the northern portion of the lot indicates a minimum of 2ha with an average lot size to be achieved across the property of 3ha. In respect to Commonage Road, the CPACSP requires a minimum 20m width of parkland vegetation, a minimum 100m building setback, and restricted access to that frontage. The CPACSP states that the designated average lot sizes shall be maintained, although limited flexibility in both minimum and average lot sizes may be permitted by the City (and WAPC) subject to clearly demonstrated community benefits.

 

As discussed in the ‘Officer Comment’ above, the draft Structure Plan reflects the Emergency Access Way requirements set out in the Bushfire Management Plan, and includes extensive conservation of remnant vegetation. Both outcomes provide a demonstrable local community benefit and therefore the variation in lot sizes is supported, whilst also acknowledging that the proposal meets the CPACSP average lot size requirement.

 

EPA Guidance Statement No. 3: Separation Distances Between Industrial and Sensitive Land Uses (2005)

This document provides advice on generic separation distances between specific industry and sensitive land uses to avoid or minimise the potential for land use conflict. Residential development is a land use considered to be potentially sensitive to emissions from industry and infrastructure by the EPA. The distances set out in the Guidance Statement are not intended to be absolute separation distances, rather they are indicative for the purposes of identifying the need for specific separation distances or buffer definition studies and providing general guidance in the absence of site-specific technical studies.

 

The recommended generic separation distance between a ‘Beverage Manufacturer – Alcoholic’ (brewery, winery or distillery) and a sensitive land use is 200m – 500m. Distances are measured from the lot boundary within which the potential source of emissions is situated. Existing residential development to the north of the subject land is located less than 200m from the lot boundary within which the winery is situated. The potential development areas for the lots fronting Commonage Road, as proposed by the draft Structure Plan, would also be located less than 200m from the Deep Woods Winery.

 

Department of Health Guidelines for Separation of Agricultural and Residential Land Use (2012)

The guidelines provides recommendations on separation distances between agricultural land uses and residential land uses which seek to minimise health and nuisance impacts from chemical use, spray drift and dust. The guidelines reflect the EPA Guidance Statement No. 3 in terms of a recommended separation distance of 200m – 500m for common agricultural land uses, such as vineyards. The potential development areas for the lots fronting Commonage Road, as proposed by the draft Structure Plan, would also be located less than 200m from the Deep Woods vineyard and winery, but commensurate with existing residential development immediately north of the subject land.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

The draft Structure Plan was formally advertised for 28 days under delegated authority and 13 submissions were received. A Schedule of Submissions is provided at Attachment F.

 

A submission received from the Department of Fire and Emergency Services (DFES) raised a number of matters relating to the Bushfire Management Plan. Consideration of these matters has occurred through liaison with the applicant and changes to the draft Structure Plan and Bushfire Management Plan are being recommended.

 

Other matters raised in submissions related to:

 

·        Proximity to a winery/vineyard

·        Bushfire risk mitigation and potential environmental impacts (vegetation clearing and fauna habitat)

·        Privacy and amenity of adjoining lots

 

The matters raised and recommended responses are provided in the Schedule of Submissions under the ‘Comment’ column and the Schedule of Modifications.

Risk Assessment

Officers have undertaken an assessment of the potential implications of carrying out the officer recommendation using the City’s risk assessment framework. The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well. The implementation of the officer recommendation will involve adopting the draft Structure Plan for final approval and referral to the WAPC for endorsement. In this regard, there are no significant risks identified.

Options

Should the officer recommendation not be supported, the following options could be considered by the Council:

1.         To seek further specified information from the proponent before making a decision.

2.         To recommend further modification(s) for stated reasons.

3.         To decline the adoption of the draft Structure Plan for final approval, for reasons to be identified.

 

Officer assessment has not revealed any substantive issue or reasonable grounds that would support any of the above options.

CONCLUSION

Officers are recommending that the draft Structure Plan for Lot 4069 Commonage Road, Yallingup, be adopted for final approval and referred to the WAPC for endorsement.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the officer recommendation will occur within one month of the date of the decision of the Council.

 


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14 April 2021

13.1

Attachment a

Location Plan

 


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13.1

Attachment b

Draft Lot 4069 Commonage Road, Yallingup Structure Plan

 





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13.1

Attachment c

Schedule of Modifications

 




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13.1

Attachment d

Plan Illustrating Recommended Modifications

 


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13.1

Attachment e

Extract Commonage Policy Area Consolidated Structure Plan

 


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13.1

Attachment f

Schedule of Submissions

 














 


Council                                                                                      88                                                                      14 April 2021

18.             Motions of which Previous Notice has been Given

Nil

 

19.             urgent business

Nil

 

20.             Confidential Reports  

Nil

 

21.             Closure

The Presiding Member closed the meeting at 5.43pm.

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 88 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 28 April 2021.

 

DATE:__________________ PRESIDING MEMBER:_________________________________