Late Items FOR THE Council MEETING TO BE HELD ON 25 May 2022
TABLE OF CONTENTS
OPPORTUNITY - A vibrant City with diverse opportunities and a prosperous economy
3.1 Work with key partners to facilitate the activation of our town centres, creating vibrant destinations and consumer choice.
Local Planning Scheme 21 Amendments
Strategic Planner - Joanna Wilkinson
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
Attachment a Aerial Photograph⇩
Attachment b Draft Dunsborough Precinct Structure Plan⇩
Attachment c Scheme Amendment Map⇩
Attachment d Amendment 50 - Minister's Decision⇩
That the Council:
1. In pursuance of Part 4 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), adopts the draft Dunsborough Precinct Structure Plan (Attachment B) for consultation, to be advertised concurrently with Amendment 52, as set out in the points below.
2. In pursuance of Part 5 of the Regulations, prepares Amendment 52 to the City of Busselton Local Planning Scheme No. 21 for consultation, for the purposes of:
I. Amending the Scheme Map (Attachment C) by:
(a) Amending the residential density code from R-AC3 to R-AC4 over lots bound by Reserve 42545, Naturaliste Terrace, Reserve 42673, and Cape Naturaliste Road, Dunsborough.
(b) Amending the residential density code from R-AC3 to R-AC0 over the remainder of land zoned ‘Centre’, being:
(i) Lots bound by Caves Road, Cape Naturaliste Road, Dunn Bay Road and Naturaliste Terrace;
(ii) Lots bound by Dunn Bay Road, Cape Naturaliste Road, Reserve 42673 and Naturaliste Terrace;
(iii) Lots bound by Dunn Bay Road, Naturaliste Terrace and Hannay Lane;
(iv) Lots 1-7 (233) Naturaliste Terrace, and Lots 1-17 (31) and 112 to 104 (13 to 29) Dunn Bay Road; and
(v) Lots bound by Reserve 26512, Chieftain Crescent, Seymour Boulevard, Reserve 38693 and Dunn Bay Road.
(c) Amending the residential density code from R80 to R60 over:
(i) Lots 51 and 87 to 102 Chieftain Crescent;
(ii) Lots 86 and 162 Chester Way;
(iii) Lot 141 Lorna Street;
(iv) Lots 1 & 2 (4), 5 (2), 17, 18 and 41 to 43 Prowse Way;
(v) Lots 3 and 4 Greenacre Road; and
(vi) Lot 60 (191) Naturaliste Terrace.
(d) Amending the ‘Drive Through Facility Control Area’ Special Control Area to include the whole of:
(i) Lots 1-2 (64) Dunn Bay Road;
(ii) Lot 1 (61) Dunn Bay Road; and
(iii) Reserve 42673.
(e) Amending the zoning of a portion of ‘Road’ reserve at the northern end of Lorna Street, between serifed portions of Reserve 26512, to redesignate as ‘Recreation’ reserve.
(f) Realigning the zoning of Lot 400 (24) Dunn Bay Road and the portion of ‘Road’ reserve adjacent to the western and south western side of Lot 400 to be consistent with the cadastral boundary, as depicted on the Scheme Amendment Map.
II. Retitling the “Centre” zone to “District Centre” zone throughout the Scheme, and amending the Scheme Map accordingly.
III. Amending Table 1 “Zoning Table” in relation to the use classes ‘Single House’, ‘Ancillary Dwelling’, ‘Repurposed Dwelling’, ‘Second-hand Dwelling’, ‘Marina’, ‘Marine Filling Station’, ‘Motor Vehicle, Boat or Caravan Sales’ and ‘Transport Depot’, by replacing the symbol ‘D’ with the symbol ‘X’ in the Centre zone.
IV. Amending clause 4.3 “Modifications of R-Codes” by changing sub-clause 4.3.2 to read as follows:
“Building height provisions as specified under –
(a) Table 3 and Deemed-to-Comply provision 5.1.6 C6 of Volume 1 of the R-Codes, and
(b) Table 2.1, and Acceptable Outcome A2.2.1 of Volume 2 of the R-Codes;
do not apply, except to land coded R-AC3, R-AC4, R-AC0 or R80. In all other areas, maximum building height requirements are required to comply with the provisions of clause 4.8 of the Scheme.”
V. Amending clause 4.8 “Height of Buildings” by amending sub-clause 4.8.9, removing reference to “Centre” zone.
VI. Amending clause 4.21 “Development in the Regional Centre and Centre Zones” by removing reference to “Centre” zone, “Dunn Bay Road”, “Naturaliste Terrace” and “Dunsborough”.
VII. Inserting a new clause 4.22 as follows, and renumbering subsequent clauses and clause references throughout the Scheme:
“4.22 Development in the District Centre Zone
Development within the District Centre zone shall address the following provisions:
(a) In addition to the provisions of Volume 2 of the R-Codes, the following provisions apply to land coded R-AC0 –
(i) Table 2 sets out the primary controls; and
(ii) Primary controls shall apply to Building Height Areas as shown on the Scheme Map.
TABLE 2 – R-AC0 PRIMARY CONTROLS
(b) To achieve a consistent building line, increased lot boundary setbacks may be required on Naturaliste Terrace, between the intersections of Cyrillean Way and Dunn Bay Road;
(c) A 5 metre lot boundary setback shall be provided on the west side of Naturaliste Terrace, between the intersections of Dunn Bay Road and Caves Road. The setback area shall include:
(i) A minimum 2.5 metre wide footpath and pedestrian shelter; and
(ii) A landscaped area adjacent to the boundary;
(d) Additional primary and secondary street setbacks may be considered where development is providing an associated alfresco space within the setback area;
(e) Development abutting Caves Road shall respond to the prominence and scenic character of Caves Road by addressing the following matters:
(i) Buildings shall not be located within 6 metres of the Caves Road boundary;
(ii) Building design, finishes and materials shall respond to and enhance the scenic character of Caves Road;
(iii) Building services such as bin storage, utilities, storage tanks and the like shall be adequately concealed so they are not visible from Caves Road; and
(iv) Landscape planting shall provide an attractive interface between development and Caves Road;
(f) The upper storey external wall face and/or balcony roofs shall be setback from the ground floor external wall face, in accordance with the following:
(i) Three storey development: the third storey setback a minimum of 4m on the interface of Reserves 42673, 35758 and 26513 (Dugalup Brook), Reserve 38693 (Lions Park) and Reserve 26512 (Seymour Park);
(ii) Four and/or five storey development: the third and fourth storey setback a minimum of 4m on all boundaries; and
(iii) Five storey development: the fifth storey setback a minimum of 8m on all boundaries;
(g) No residential uses shall be permitted at ground floor fronting Dunn Bay Road, Naturaliste Terrace or Clark Street;
(h) Buildings shall be articulated to break up perceived bulk and provide visual interest, particularly with buildings occupying a large/long site frontage;
(i) Upper levels shall be designed to promote informal surveillance of the street through the use of balconies and/or large windows;
(j) At the ground floor level, development shall address the street with a primary business entrance and a shop front façade;
(k) Ground floor commercial uses shall incorporate transparent glazing for a minimum of 70% of all building frontages to adjacent streets;
(l) Other than sites subject to clause 4.22 (c), a pedestrian shelter through the provision of a verandah, awning or the like, shall be provided with a minimum depth of 2.5 metres over the footpath for the full width of the lot frontage;
(m) Roller doors or screens of solid material on shop fronts will not be permitted, and security measures should be located and installed internally behind the glazing line;
(n) On land coded R-AC0, no vehicle access ways or car parking shall be provided between buildings and the street, or be visible from the street, unless required to provide access to car parking or loading areas behind or within buildings;
(o) On land coded R-AC4, car parking is supported between buildings and the street, subject to:
(i) Being limited to a single row of car parking bays; and
(ii) Inclusion of a 2 metre wide landscaping area adjacent to the street; and
(iii) In such case, the rear setback may be 3 metres;
(p) All cross-overs shall be rationalised and strategically placed in locations where they will have the least impact on vehicle, pedestrian and cyclist movement;
(q) Redevelopment sites shall incorporate shared use of car parking and reciprocal access arrangements with adjoining sites;
(r) For all boundaries abutting Reserves 42673, 35758 and 26513 (Dugalup Brook), Reserve 38693 (Lions Park) and Reserve 26512 (Seymour Park), no parking, loading bays, services or utilities are to be located on the public land interface;
(s) Undercroft, decked or roof top car parks shall be located above or behind interactive street frontages at ground level, such as shops or other uses that promote activity and, where car parking is visible from a street or public space, high quality architectural detailing shall be incorporated into the façade and other external walls of all floors;
(t) General plant, such as air-conditioning, television antennas, bins, hot water storage tanks, rain water tanks, satellite dishes and the like are to be adequately concealed and screened from the street or public view;
(u) Signage and advertising shall not adversely detract from the architectural elements of the building, or visually dominate the building or the streetscape generally.”
VIII. Amending the Scheme Map by inserting an additional information area named “Building Height Area,” as depicted on the Scheme Amendment Map.
IX. Amending Schedule 2 “Additional Uses” by:
(a) Amending Additional Use No. A74 by deleting the following properties listed in the ‘Particulars of Land’ column, and amending the Scheme Map accordingly:
“Lots 51 and 87 to 102 Chieftain Crescent, Lots 86 and 162 Chester Way, Lots 139 to 141 Lorna Street, Lots 1-9 (20), 81 (18) and 115 to 127 Geographe Bay Road, Lots 1 to 17 (3) Dunn Bay Road, Lots 1 & 2 (4), 5 (2), 17, 18, 41 to 43 Prowse Way, Lots 3 and 4 Greenacre Road and Lot 60 (191) Naturaliste Terrace, Dunsborough.”
(b) Inserting an Additional Use (No. A84) provision as follows, and amending the Scheme Map accordingly:
3. Pursuant to Regulation 35 (2) of the Regulations, determine that Amendment 52 is a ‘standard amendment’ in accordance with r.34 of the Regulations as it is:
(a) an amendment relating to a zone or reserve that is consistent with the objectives identified in the scheme for that zone or reserve; and
(b) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission.
4. Note that, as the draft Amendment is in the opinion of the Council consistent with Part V of the Planning and Development Act 2005 (the Act) and Regulations made pursuant to the Act, upon preparation of necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not to be subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Regulations. In the event that the EPA determines that the draft Amendment is to subject to formal environmental assessment, this assessment is to be prepared prior to advertising of the draft Amendment.
5. Notes the Ministerial decision and Schedule of Modifications to modify Amendment 50 (Attachment D).
Council is requested to consider initiating for public advertising the draft Dunsborough Precinct Structure Plan (PSP) to guide future zoning, subdivision, and development in the PSP area (refer to Attachment A: Aerial Photograph). The PSP is consistent with relevant ‘Settlement and Community’ and ‘Activity Centres and Economies’ strategies outlined in the City’s Local Planning Strategy (the Strategy), and the ‘Centre’ zone objectives of Local Planning Scheme No. 21 (the Scheme).
Council is also requested to consider initiating, for concurrent public advertising, associated Amendment 52 (the Amendment) to the Scheme. The Amendment would enact recommendations of the PSP relating to zoning, land use and development standards for built form (as set out in the Officer Recommendation and Attachment C).
It is recommended that the proposal be supported, and that the PSP and Amendment be initiated/adopted for the purposes of community consultation.
Council is also asked to consider the Minister for Planning’s recent final decision on Amendment 50 (which relates to part of the PSP area).
The report was initially brought before Council for consideration at the Ordinary Council Meeting of 11 May 2022, where it was deferred until the 25 May 2022 for the following reason:
“To allow Councillors additional time to review the proposals. The Precinct Structure Plan and associated Amendment are technical planning documents, and the additional time will allow Councillors an opportunity to develop a greater understanding of the desired outcomes.”
This has enabled further discussion between officers and the Council.
This decision followed the gazettal of Scheme Amendment 1 in August 2017, which implemented recommendations stemming from the Local Commercial Planning Strategy (2011), Local Cultural Planning Strategy (2011) and Dunsborough Town Centre Conceptual Plan (2014). Amendment 1 introduced the following changes affecting the DTC:
· Introduction of R-AC3 coding to encourage and support residential and mixed use development;
· Introduction of a range of incentives (including increased plot ratio) to encourage and support mixed use development;
· Extension of the DTC via the rezoning of the Clark Street industrial area; and
· Introduction of Additional Use areas (A74) fringing the DTC to provide certain low-impact business/commercial opportunities and a legible transition between land uses in the DTC and adjoining residential area.
Amendment 29, adopted for final approval by the Council in April 2018 (C1804/076) and gazetted in June 2019, introduced general development requirements into the Scheme for the ‘Regional Centre’ and ‘Centre’ zones. These requirements were intended to provide a framework to guide development in the Busselton and Dunsborough City/Town Centres, to later be supported through preparation of Activity Centre Plans and urban design guidelines. The provisions were based on Local Planning Policy 3.8 Busselton Town Centre Guidelines and the State’s then draft Apartment Design Policy.
A significant change to the State’s planning framework occurred following that time, through introduction of the ‘Design of the Built Environment’ suite of policies:
· In May of 2019, the former draft Apartment Design Policy was followed and replaced by State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments (R-Codes Vol. 2). This policy includes comprehensive planning and design standards for mixed use development in areas coded R40 and above, including within activity centres. It is a performance based policy – proposals are assessed against objectives and there is no deemed-to-comply assessment pathway.
· At the same time the “old” R-Codes, which had previously been State Planning Policy 3.1 (SPP 3.1) and included provisions for multiple dwelling development, became State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes Vol. 1), applying only to single houses and grouped dwellings.
· State Planning Policy 7.2 Precinct Design (SPP 7.2) was introduced in December 2020. SPP 7.2 aims to ensure that precinct planning and design processes deliver good quality built environment outcomes that provide social, economic and environmental benefits. SPP 7.2 is applicable to all of Western Australia, whereas previously there had been policy guidance but no statutory requirements around the preparation of an Activity Centre Plan outside of the Perth and Peel regions.
The introduction of these State planning policies resulted in a number of unforeseen consequences:
· The PSP development process has been delayed considerably due to the teething period that comes with a totally new policy (SPP 7.2), and indeed no local government to date has progressed a PSP to the stage of final approval.
· There is no longer the same need to prepare urban design guidelines to support provisions in the Precinct Structure Plan, as building design considerations that were not previously included in SPP 3.1 are now comprehensively covered in the R-Codes Vol. 2.
Changes to the Scheme and the introduction of the R-Codes Vol. 2 and SPP 7.2 have shaped the development and direction of the PSP, and a concurrent Amendment to the Scheme is required to implement the majority of land use and built form provisions identified during the development of the PSP. Further detail is provided in the Officer Comment section below.
Issues related to Amendment 50
Amendment 50 was adopted by Council in October 2021 (C2110/076). The purpose of Amendment 50 was to down-code 21 residential lots fronting Geographe Bay Road from R80 to R60. At the time, the Council resolved that Amendment 50 be further considered by the Council, should the Minister make different or additional modifications, relative to those approved by the Council.
On 19 April 2022 the Western Australian Planning Commission (WAPC) advised that the Minister requires the Amendment to be modified in the manner specified in Attachment D. In summary:
· Re-coding the majority of lots to R60 is supported; however Lots 115 and 116 Geographe Bay Road and Lots 139 and 140 Lorna Street are to be retained at R80 because amalgamation of the site has been approved by the WAPC, and a mixed use (mainly apartment) development on the site is substantially commenced at an R80 density.
· Minor changes are to be made to clauses 4.3.2, 4.81 and 4.83 of the Scheme to update R-Code references, and introduce natural ground level as the point from which building height is to be measured.
Several of these modifications are different or additional to those supported by the Council. The Act provides that the Minister may direct the local government to modify a Scheme amendment, and the Regulations outline how a decision on a Scheme amendment is to be given effect. There is no opportunity for the Council or the Minister to alter the Minister’s decision, and therefore this report assumes that the Minister’s decision has been implemented. Further detail on the relevant sections of the Act and Regulations are provided in the Statutory Environment section below.
It is recommended that the Council note the Minister’s decision. The City would then arrange for the modification of Amendment 50, consistent with the Minister’s decision.
The DTC is identified in the Local Planning Strategy (2019) as the principal activity centre in the western portion of the Busselton District. As such it is considered an ‘Activity Centre Precinct’ under the provisions of State Planning Policy 7.2: Precinct Design and draft State Planning Policy 4.2: Activity Centres. The PSP sets out to plan for the strategic growth and development of the DTC, and it aims for a vibrant place of community and visitor activity that is one of the main centres of economic, social and cultural life in the District.
The PSP is approximately 31.85 hectares in area and incorporates all roads, reserves and land that is zoned ‘Centre’, as well as some medium density Residential zoned land with Additional Use rights fringing the Town Centre. The PSP area also includes Tourism and Residential zoned lots immediately north of the intersection of Cape Naturaliste Road and Caves Road.
The PSP consists of two parts. Part One contains the PSP Map and sets out how the PSP is to be implemented through staging, subdivision and development requirements, local development plans, and additional information requirements. Part Two provides background, explanation, engagement outcomes and technical appendices. Key issues are identified throughout Part Two and recommendations for design considerations/actions occur in Section Six of Part Two, ‘Precinct Design Elements’. Part Two of the PSP informs and guides the implementation measures set out in Part One.
In order to identify key issues, the Part Two background analysis considers the physical and community context of the PSP and broader catchment area, and is informed by various technical reports and the outcomes of community engagement over a number of years. The physical context section provides an understanding of location, landscape and environment, land use, tenure and ownership, built form and movement networks. The community context section provides an understanding of human and social aspects of the area, including demographics, culture and values, employment and economic activity, and existing housing.
Key issues identified through the Part Two analysis include:
· Limited vacant land area to provide for the expected commercial floor space demand, particularly for Shop/Retail and Office/Business land uses. Potentially this could result in retail leakage, loss of employment opportunity, and loss of vibrancy and purpose in the DTC.
· Limited housing choice and supply, despite the local planning framework promoting this aim. Conversely, changes to the State planning framework have resulted in unintended consequences, i.e. proposals for buildings of height, bulk and scale that were not anticipated when previous changes to the local planning framework occurred, which have exacerbated issues of concern for a portion of the community. The ability to accommodate housing in the DTC should be considered in the context of the ‘Activity Centre’ hierarchy in the District and region, population and visitor growth, land use and economic demand, urban structure and built form, placemaking and activation; and balanced against the priorities and expectations of all stakeholders.
· Constrained ability for vehicles to travel into, through and around the area due to block size, physical constraints (Dugalup Brook) and no-through roads, contributing to vehicle congestion during peak seasons.
· Lack of car parking supply to provide for expected demand in the long term, particularly all day car parking on the periphery of the DTC. Lack of alternative car parking options places a greater onus on new development proposals to provide car parking within development sites, possibly resulting in the under-utilisation of land through at grade car parking, or other poor design outcomes.
A number of other issues and areas for potential improvement have been identified, such as retention and enhancement of environmental value and amenity in the public realm; recognition of local Aboriginal knowledge, concepts and stories of place; and potential provision of a community and civic space in proximity to the DTC.
Implementation of the PSP will occur though: the Scheme Amendment; subdivision and development requirements for local development plans and additional information requirements set out in Part One of the PSP; and various streetscape/landscape works by the City set out in Part One and in more detail in Part Two of the PSP.
Implementation is also largely dependent on the timing and willingness of individual landowners to develop their sites. In order to guide development for the duration of the PSP (10 years) and beyond that timeframe, the majority of land use and built form provisions are set out in the concurrent Scheme Amendment which is discussed in further detail below. The Amendment aims to implement the recommendations of the PSP by proposing:
· Revised residential density codings.
· Revising other zoning arrangements.
· Renaming the Centre zone to District Centre zone.
· Changing the permissibility of some land uses.
· Introduction of customised R-AC0 and District Centre zone development standards (including for height and setbacks).
· Amendment of Schedule 2 “Additional Uses”.
Implementation measures set out in Part One of the PSP are:
· The staging of key infrastructure and public realm improvements, which would require investment in a number of actions such as:
o Establishing or enhancing a ‘green network’, including the relocation of power transmission lines from overhead to underground, to allow trees to grow fully.
o Revegetating fragmented portions of public land; developing a register of significant trees located on public land; and replacement of civil infrastructure to mitigate the environmental impact of surface pollutants, as street upgrades occur.
o In consultation with the Undalup Association and local elders, installation of an Aboriginal interpretive signage and art trail.
o Investigation of new civic spaces including a temporary expandable event space around the intersection of Dunn Bay Road and Naturaliste Terrace, and setting aside land in the future for a multi-function community and civic space, near the PSP area.
o Upgrades to the traffic and pedestrian/cyclist networks, including the extension of Clark Street, installation of roundabouts at either end of Cyrillean Way, improved pedestrian/cyclist connectivity to/from Dunsborough Lakes, and improved pedestrian crossing points along Dunn Bay Road.
o Identification and/or acquisition of peripheral land for future expected car parking demand.
· Subdivision and development requirements primarily relating to the Residential-zoned portion of the PSP area, consistent with relevant Centre zone requirements in the Scheme (where there is a variation from the R-Codes).
· Local development plan requirements for identified areas where key issues and principles are to be addressed in an integrated manner, across multiple development sites.
The key proposed changes to land use and built form provisions are set out in detail below. These changes are associated with the proposed District Centre zone and/or R-AC4 and R-AC0 density codings. The only areas to be identified are located in the DTC, meaning that these changes would have no impact on any other area of the District.
1. Revised zoning and/or land tenure arrangements
The R-AC3 ‘activity centre’ density coding was introduced through Amendment 1 to the Scheme, coming into effect in 2017. At that time the R-Codes comprised a single volume that addressed requirements for all types of residential development, and ‘activity centre’ density codings were limited to four codings ranging from R-AC0 to R-AC3. In terms of building height, maximums were specified in metres rather than storeys. In summary:
· R-AC0 did not specify any maximum height, but allowed for controls to be set out in a local structure plan or local development plan;
· R-AC1 and R-AC2 allowed for maximum heights of 6 – 8 storeys;
· R-AC3 allowed for a maximum height of 4 - 5 storeys.
At that time, R-AC3 was considered the most appropriate ‘activity centre’ density coding because R-AC1 and R-AC2 allowed for excessively high and dense development, and the R-AC0 controls could only be introduced through a local structure plan or local development plan, meaning that these plans would have needed to be prepared prior to the Scheme amendment. Further, structure plans and local development plans have a limited lifespan of 10 years.
In 2019 the R-Codes were split into two separate volumes; Volume 1 addresses low and medium density single house and grouped dwelling residential development, and Volume 2 addresses multiple dwelling (apartment building and mixed use) development in activity centres. A number of changes were introduced with Volume 2:
· R-AC3 allowed for buildings of six storeys, to be assessed through performance principles, and building height (in metres) became ‘indicative’ rather than a maximum ‘deemed to comply’;
· R-AC4 was introduced, allowing for buildings (subject to assessment through performance principles) of three storeys;
· R-AC0 continues to have no building height specified, however there is now an option to set controls out in the local planning scheme.
The PSP context analysis recognises that six storey buildings may not be consistent with the current character and future needs of Dunsborough, meaning R-AC3 is no longer the appropriate ‘activity centre’ density coding. As a result, it is proposed that the area currently coded as R-AC3 would be re-coded to either R-AC4 or R-AC0:
· R-AC4 – Land surrounding Clark Street, and three adjoining lots fronting Naturaliste Terrace, all previously zoned ‘Light Industry’ –
o The area sits outside of the ‘core’ centre of commercial and social activity, and currently comprises a variety of lower intensity land uses.
o In terms of the residential interface, the transition would be augmented by R-AC4 and R15 rear setback requirements and a 6 metre wide reserve between the residential and Clark Street lots, potentially resulting in an 18 metre separation between buildings.
· R-AC0 – The remainder of the proposed District Centre zone is characterised by a variety of commercial and social activity, with the intensity of activity tending to progressively decrease away from the central roundabout at the intersection of Dunn Bay Road and Naturaliste Terrace –
o The proposed R-AC0 coding provides an opportunity to introduce primary controls on a block-by-block or site-by-site basis, taking into account lot size, interface, existing landscaping and other localised factors.
o These controls can include customised controls for building height, setbacks for lower and upper storeys, boundary walls and plot ratio, and can be introduced through the Scheme to ensure they will not fall away after a 10 year period.
Proposed District Centre zone and R-ACO development standards are discussed in further detail below (Part 5 of this report).
2. Revising other zoning/tenure arrangements
The proposals/issues described in this section are included in the PSP but not in the Amendment. If ultimately supported by the Council and WAPC, however, a further scheme amendment may be necessary.
A number of small land parcel ‘anomalies’ are identified on the PSP Map for redesignation to ‘Recreation’ reserves. The various reasons for redesignation include:
· There is a Threatened Ecological Community (TEC) ‘Banksia Dominated Woodlands of the Swan Coastal Plain’ (Priority 3) identified within the area;
· The land parcel is fragmented and undevelopable;
· The nominated area would provide a buffer between the road reserve and future development.
A portion of Lots 20 and 21 Clark Street have been identified on the PSP Map as a future road connection. The reasons for this proposal are:
· Currently there is no road connection between the northern part of the PSP area and the arterial road Cape Naturaliste Road, adding a greater volume of traffic congestion to Naturaliste Terrace, Dunn Bay Road and the core of the town centre generally, and reducing the overall permeability and efficiency of movement through the PSP area. Dugalup Brook provides a physical barrier with no alternate connection point available.
· The potential road connection has been discussed for more than 20 years, and more seriously since the introduction of the Dunsborough Town Centre Conceptual Plan in 2014. The preference would be for a negotiated outcome however, since 2014, a clear path to a negotiated outcome has not emerged.
· While inclusion in the Amendment could assist in resolving the issue, the City is currently developing a micro-simulation traffic model for the DTC which will inform considerations of the PSP after consultation, and deferring that decision could allow for more engagement with stakeholders.
A portion of Lot 9020 Caves Road has been identified on the PSP Map for future redesignation as peripheral car parking. The reasons for this proposal are:
· The PSP context analysis identified that there will be a short-fall of public car parking bays in the future, however there is limited public land available to provide peripheral, all-day parking.
· Currently Lot 9020 is partially zoned ‘Residential’ and partially ‘Tourism’. Due to visual/landscape, environmental and traffic considerations, the land is not considered suitable for commercial or mixed-use development.
· The site is located in close proximity to new development at the western end of Dunn Bay Road, and future use as a car park would provide convenient access to the DTC.
3. Renaming the Centre zone to District Centre zone
This action had been identified for inclusion in the Scheme review, and therefore it is logical to consider it through this Amendment. The only area on the Scheme Map identified as Centre zone is located wholly within the PSP area, and this change would only affect the DTC.
The new definition would provide more clarity and reflect the contemporary Scheme zone format and hierarchy supported by the Minister. The name is commensurate with the size of the centre and scale of uses that already exist, and reflects the smaller size of the DTC relative to the Busselton City Centre (zoned Regional Centre) and the various smaller centres (zoned Local Centre).
4. Change of permissibility for some land uses
Prior to Amendment 29 the Busselton and Dunsborough City/Town Centres were both zoned ‘Business’ meaning there was no ability to differentiate, in terms of land use permissibility, given the different scale and character of each centre.
Development of the PSP has provided an opportunity to review the permissibility of land uses specifically within the DTC, and tailor the zoning table to ensure that permissible land uses in the District Centre zone will be appropriate and achievable, in the context of the DTC specifically.
5. Introduction of [District] Centre zone and R-AC0 development standards
Volume 2 of the R-Codes allows the opportunity to develop localised and site-specific primary controls for land coded R-AC0, and to set those controls out in the Scheme rather than a PSP.
In terms of building height, it is proposed that there would be a mix of three, four and five storey controls allocated to different sites within the R-AC0 area. Key factors contributing to a nuanced, three to five storey approach include:
· Dunsborough is identified as a ‘Major Town’ in the endorsed City and sub-regional strategic planning framework; and development is encouraged in a manner that will support and enhance existing facilities, services and infrastructure, to enable a continuation as a main centre of economic, social and cultural activity. Key, relevant strategies set out in the City’s Local Planning Strategy are:
“8.2 c) Support and pro-actively plan for activity centre development as set out in the established activity centre framework, with activity centres… to be developed as centres of the social and cultural life of their communities and not just as shopping centres…. by:
Opportunities for delivery of medium or high density housing and tourist accommodation within and around all activity centres shall be pro-actively planned for.”
· The Dunsborough [Town] Centre Commercial Growth Analysis (Pracsys, 2018. Refer Attachment 1 of the draft PSP document) identified that there is a lack of vacant land to provide for the expected demand for commercial floor space over the next 10 years. Additional building height would allow for future demand, for some land uses (especially car parking, office and residential uses) to be met on upper floors, reducing the likelihood of commercial ventures seeking floor space elsewhere and thus taking commercial activity away from the key activity centre. Providing additional commercial floor space would also ensure that the day-to-day needs of the service population can be provided for into the future, with the additional benefit of generating greater local employment opportunities.
· Sites can vary greatly in terms of width and depth:
o Some smaller sites (such as those bound by Naturaliste Terrace, Hannay Lane and Dunn Bay Road) could not accommodate taller buildings without resulting in built form that appears to be overbearing in terms of bulk and scale. Therefore it is recommended that these sites are restricted to three storeys.
o Conversely, carefully designed five storey buildings on larger sites could result in relatively low impact. Larger lots at the western end are bounded by Caves Road and the Dunsborough playing fields to the south, while much of the north side is bound by Dugalup Brook. There is very little residential development directly abutting this area of the Centre zone.
o Upper storey setback requirements, applied to four and five storey development, would alleviate the impact of the bulk and scale of buildings, and can be accommodated on larger and especially deeper lots.
· Various design factors can assist in alleviating the perception of height, including:
o Restricting the plot ratio resulting in reduced net lettable area and potentially, a greater amount of alfresco and/or landscaped outdoor areas;
o Restricting buildings to lower heights close to roads and other boundaries, and stepping back upper storeys (including balcony roofs);
o Ensuring that the ground floor has an activated frontage, including commercial land uses and large windows to ‘draw the eye’, and wide footpaths and deep awnings for pedestrian comfort and amenity.
· Various improvements to the public realm identified through the PSP would contribute to increasing the overall amenity of the town centre and alleviating the perception of building height, including actions such as the establishment or enhancement of green linkages throughout the town centre, and sinking power distribution lines to enable the planting of taller trees.
· In order to maintain the vibrancy of an activity centre, it is also important to ensure that building height is sufficient to incorporate car parking within a building rather than abutting the street at ground level, which could result in a lower ‘suburban centre’ level of vibrancy.
Each of the factors above have been taken into consideration when drafting the R-AC0 and broader District Centre zone site and development requirements, particularly when devising controls for boundary walls, the height of buildings adjacent to boundaries, upper storey setbacks, and overall plot ratio. 3-5 storey building heights, especially with 5th, 4th and in some cases 3rd storeys set back from the street, will retain a fairly low-rise streetscape character, but still provide sufficient density to build vibrancy and support investment.
6. Amendment of Schedule 2 “Additional Uses”
When A74 was introduced for a number of properties on the periphery of the Busselton and Dunsborough City/Town centres, condition 5 was included to provide that urban design guidelines would be prepared to guide development for mixed use proposals.
With the introduction of the PSP and Volume 2 of the R-Codes, which applies to mixed use development, this condition is no longer relevant to the A74 properties on the periphery of the Dunsborough town centre. It is proposed that relevant properties are removed from A74 and re-inserted as a new Additional Use provision ‘A84’.
The A84 ‘description of land’ would apply to the same land that has been removed from A74. Condition 3 would be rewritten to clarify the circumstances in which a nil front setback could be considered and a new, subsequent condition would be introduced to provide design guidance for an active frontage. Condition 5 would be deleted as these requirements have otherwise been met through the PSP and Volume 2 of the R-Codes.
The PSP and associated Amendment support the DTC as the principal activity centre in the western portion of the District, and have been prepared in accordance with the policy measures set out in State Planning Policy 7.2: Precinct Design and draft State Planning Policy 4.2: Activity Centres.
The PSP sets out to plan for the strategic growth and development of the DTC, and it aims for a vibrant place of community and visitor activity that is one of the main centres of economic, social and cultural life in the District.
The key statutory documents relevant to this proposal include the Planning and Development Act 2005, the Planning and Development (Local Planning Schemes) Regulations 2015, and the relevant objectives and provisions of the City of Busselton Local Planning Scheme No. 21. Each is discussed below under appropriate subheadings.
The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing and processing this Amendment.
Part 5, Division 4, section 87 (2) (b) of the Act provides that the Minister may direct the local government to modify a Scheme amendment in a manner the Minister specifies before the amendment is resubmitted for approval.
Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations)
The Regulations came into operational effect on 19 October 2015 and introduced deemed provisions for the preparation, advertising and approval of structure plans (which term includes precinct structure plans). Local governments are to have ‘due regard’ to approved structure plans when making decisions relating to subdivision and development.
The Regulations identify three different levels of amendments – basic, standard and complex. The resolution of the local government is to specify the level of the amendment and provide an explanation justifying this choice. This Amendment is considered to be a ‘standard’ amendment.
Part 5, Division 5 of the Regulations outlines how a decision on a Scheme amendment is to be given effect. Regulation 63 (2) provides that, within 42 days of the Minister requiring the local government to modify and amendment, the local government must modify the amendment as required, execute the modified amendment, and submit to the Minister a copy of executed documents.
Local Planning Scheme No. 21
LPS 21 sets out the aims for the Scheme area, and controls, regulates and guides orderly and proper land use and development. A local planning scheme is to be read in conjunction with the Planning and Development (Local Planning Schemes) Regulations 2015.
Provisions that are applicable to the PSP and Amendment are set out in the table below.
LPS 21 Scheme Map
Zoning in the PSP area.
Clause 3.2 Zone Objectives
· To provide a genuine centre of community life, socially, culturally and economically.
· To provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme or the Activity Centres State Planning Policy.
· To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.
· To provide for medium to high density residential development.
Permissibility of land uses within the defined zones.
Part 4 General Development Requirements
4.2 and 4.3 - Residential Design Codes and Special Application of Residential Design Codes (respectively) for application of the R-Codes for R-AC3 coded lots.
4.8 Height of Buildings - for building height within the coastal zone and R-AC3 coded lots.
4.20 Consolidation and Fragmentation of Land in the Regional Centre and Centre Zone - for the consolidation of land for integrated development and redevelopment.
4.21 Development in the Regional Centre and Centre Zones - design guidelines not otherwise addressed in an endorsed ACP/PSP.
4.22 and 4.23 respectively provide for Service Access and Service Courts in the Regional Centre and Centre Zones.
4.24 and 4.25 respectively provide for Parking and Cash-in-Lieu of Parking in the Regional Centre and Centre Zones, whereby if parking cannot be provided at the specified rate then a cash-in-lieu contribution may be required.
Part 5 Special Control Areas
5.12 Development Contribution Areas – provides for a development contribution plan to be required for the pre-determined DCA, and various provisions relating to contributions arising.
5.13 Drive-Through Facility Control Area – not permitted unless discretion has been exercised.
Schedule 2 Additional Uses
A74 (Residential zone) – ‘Guesthouse’, ‘Medical Centre’, ‘Office’, ‘Consulting Rooms’, ‘Restaurant/Café’, ‘Shop’ and ‘Tourist Accommodation’.
A83 (Centre zone) – ‘Service Station’ and ‘Motor Vehicle Wash’.
Schedule 10 Development Contribution Area
Sets out the operational detail for DCA 1 (which is inclusive of the PSP area) including: infrastructure and administrative items to be funded; method for calculating cost contributions (applies to new dwellings); and the period of operation.
Relevant Plans and Policies
The key plans and policies most relevant to the proposal include:
1. Leeuwin-Naturaliste Sub-regional Strategy (2019) (LNSRS)
2. City of Busselton Local Planning Strategy (2019) (LPS)
3. Dunsborough Town Centre Conceptual Plan (2014)
4. State Planning Policy 3.0: Urban Growth and Settlement (2006) (SPP 3.0)
5. Draft State Planning Policy 4.2: Activity Centres (2020) (SPP 4.2)
6. State Planning Policy 7.2: Precinct Design (2020) (SPP 7.2)
7. State Planning Policy 7.3: Residential Design Codes Volume 2 – Apartments (2019) (R-Codes Vol. 2)
Each is discussed below under appropriate subheadings.
1. Leeuwin-Naturaliste Sub-regional Strategy (2019) (LNSRS)
The LNSRS is a strategic plan to manage change in the sub-region by guiding growth and development to achieve positive social, economic and environmental objectives.
The LNSRS identifies Dunsborough as the only ‘Major Town’ in the sub-region settlement hierarchy, servicing a larger population catchment and offering a greater number of services relative to the lower tier settlements of ‘Town’ and ‘Village’. The strategy aims to encourage development in larger settlements in a manner that will support and enhance existing facilities, services and infrastructure, and facilitate the planned and timely provision/expansion of same. The PSP seeks to reinforce Dunsborough as a vibrant and attractive activity centre, guiding and facilitating desirable mixed use development in a manner that best utilises infrastructure and services and retains character and amenity, and the environmental values of the public realm.
The PSP accords with the LNSRS by serving to complement and inform higher level strategic planning for the Dunsborough townsite and environs as a whole. The PSP addresses key issues identified in the LNSRS within the TC such as vehicle access, movement networks and car parking.
2. City of Busselton Local Planning Strategy (2019) (LPS)
The LPS sets out the longer-term planning direction for the District, and provides strategic rationale for appropriately applied decisions relating to orderly and proper planning and development.
The objectives and strategies highlighted below provide for the preparation of the Dunsborough PSP, and have been considered in the contextual analysis and implementation requirements of the PSP.
Theme 1: Settlement and Community
Objective 7.1 a)
The continued growth as the principal settlement in the District of the Busselton-Vasse Urban Area as a regional centre and the Dunsborough Urban Area as a major town through: the redevelopment and consolidation of the existing urban areas...
Strategy 7.2 f)
Support and pro-actively plan for urban consolidation and redevelopment (including through increases in permissible residential density) in existing urban areas, especially in areas close to the… Dunsborough Town Centre…. Support other proposals for redevelopment/ consolidation (including through increases in permissible residential density) in existing urban areas, or for increases in planned development density in urban growth areas, especially those in close proximity to activity centres or high amenity areas, such as in coastal locations, adjacent to open space, or which are close to significant community facilities.
Strategy 7.2 h)
Generally, but especially in urban growth areas, plan for housing choice, diversity, health, wellbeing and ageing in place, with a mix of housing types and lot sizes, with higher densities in proximity to activity centres...
Theme 2: Activity Centres and Economy
Objective 8.1 d)
The continued growth of the Busselton City Centre and Dunsborough Town Centre as the main centres of the economic, social and cultural life of the district.
Strategy 8.2 a)
Support and proactively plan for employment growth and economic development to support a growing population within established activity centre… frameworks, and through: ensuring sufficient land is identified at a strategic level; working pro-actively to ensure land is available for development when required; and identifying and pro-actively planning for emerging opportunities for employment growth and economic development.
Strategy 8.2 c)
Support and pro-actively plan for activity centre development as set out in the established activity centre framework, with activity centres… to be developed as centres of the social and cultural life of their communities and not just as shopping centres. This strategy will be achieved, in part, by:
· All… significant expansions of existing activity centres shall be accompanied by an ‘Activity Centre Plan’ [now called a Precinct Structure Plan] and ‘Retail Sustainability Assessment’ and be developed along predominantly ‘main street’ lines, with activated public streets and high levels of pedestrian amenity, and with a mix of public spaces (parks and piazzas), shop, office, café/restaurant/bar/entertainment, tourism and community uses.
· Opportunities for delivery of medium or high density housing and tourist accommodation within and around all activity centres shall be pro-actively planned for.
· Progress preparation of an Activity Centre Plan for… Dunsborough to provide future planning direction for these activity centres.
Strategy 8.2 d)
Significant office development should be located within or adjacent to the... Dunsborough Town Centre…
The LPS supersedes previously endorsed sector-based strategies in the City of Busselton, including the Local Commercial Planning Strategy (2010) and the Local Cultural Planning Strategy (2011).
3. Dunsborough Town Centre Conceptual Plan (2014)
The DTCCP includes planning initiatives to rezone land within the PSP area to promote and accommodate increased density for residential and mixed use purposes, activation and connectivity to the foreshore area. These initiatives were largely implemented through Amendment 1 to LPS 21 (gazetted 4 August 2017).
4. State Planning Policy 3.0: Urban Growth and Settlement (2006) (SPP 3.0)
SPP 3.0 sets out the underlying principles and considerations applying to the orderly and proper planning of urban growth in settlements across Western Australia.
The PSP responds to SPP 3.0 by supporting higher density residential development in and around the TC; by consolidating retail, employment, recreational and other activities attracting large numbers of people in the recognised and established activity centre; and by enabling mixed use development providing for a wide range of living, employment and leisure opportunities over time.
The preparation of the PSP further responds to SPP 3.0 by actively engaging with the local community and other relevant stakeholders, with the of aim of guiding desirable and optimum urban design and development to create and enhance community identity, sense of place, walkability, liveability and social interaction.
5. Draft State Planning Policy 4.2: Activity Centres (2020) (SPP 4.2)
The intent of SPP 4.2 is to ensure planning and development adequately considers the distribution, function and broad land use considerations for activity centres. SPP 4.2 applies more particularly to the Perth, Peel and Greater Bunbury Region Scheme areas, but its guiding principles may also be appropriately applied outside those areas.
The City of Busselton Local Planning Strategy (LPS) identifies a hierarchy of activity centres and the Dunsborough TC aligns with the draft SPP 4.2 category of a ‘District Centre’. The PSP further meets the objectives of SPP 4.2 by addressing matters such as development intensity and land use mix, density and diversity of housing, access and movement networks, and due consideration of environmental, social and economic values.
6. State Planning Policy 7.2: Precinct Design (2020) (SPP 7.2)
SPP 7.2 provides guidance on the design, planning, assessment and implementation of precinct structure plans, and applies to activity centres and precincts, as identified in SPP 4.2, throughout Western Australia.
SPP 7.2 has been drafted in the context of the design principles of SPP 7.0, assisting with the guidance and evaluation of orderly and proper planning and development and how that best contributes to the overall objectives of the design of the built environment.
The PSP responds to SPP 7.2 by addressing land use, density and development (including built form), access arrangements, infrastructure, environmental assets and community facilities in order to inform consideration and assessment of future subdivision and development proposals.
The R-Codes Vol. 2 provide comprehensive planning and design standards for the development of apartments (multiple dwellings) in residential areas coded R40 and above, including dwelling components of mixed use development in activity centres. The R-Codes Vol. 2 guide and assist strategic planning and the preparation of local government controls, design guidelines and the assessments.
The local government may vary or augment design elements of The R-Codes Vol. 2, provided these remain consistent with the various design element objectives. One such mechanism is the preparation of an activity centre plan (including a Precinct Structure Plan).
There are no financial implications associated with the officer recommendation.
If the Council resolves to initiate the Amendment and support the PSP proposal, the relevant Amendment documentation would be referred to the Environmental Protection Authority (EPA) for consideration of the need for formal assessment under Part IV of the Environmental Protection Act 1986. Should the EPA resolve that the Amendment does not require formal assessment, then the Amendment document and the PSP will be advertised for 42 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.
To facilitate consultation, the following actions will be undertaken:
· Targeted notices to property owners within and abutting the PSP area, and Dunsborough-based stakeholder groups.
· Notices in the local newspaper and through the Bay to Bay e-newsletter.
· A notice on the City’s website, including a portal to be created using the City’s Your Say platform for the online lodgment of submissions.
· Information sessions (including through walking tours) in Dunsborough for landowners, stakeholder groups and the community.
· Engagement with the recently formed Dunsborough Reference Group.
Independent facilitation of some aspects of consultation may be investigated.
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.
As an alternative to the proposed recommendation the Council could:
1. Seek further information before making a decision.
2. Modify the Amendment and/or PSP before advertising.
3. Decline the initiation of the Amendment and/or PSP.
The officer assessment has not revealed any substantive issue or reasonable grounds that would support the above options.
The PSP and Amendment provide for the development of the DTC in accordance with the objectives of the statutory environment, and State and Local plans and policies. Officers recommend that the Council adopt both proposals for the purposes of public consultation, which will include referral of the Amendment to the EPA, and subsequent referral to relevant state government agencies, landowners, stakeholder groups and community members.
TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION