MISSION AND VALUES OF COUNCIL

 

"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."

 

AGENDA

 

 

 

FOR THE

 

Special Meeting of Council

 

7 October 2014

 


OUR VISION

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

  


AgendaSpecial Meeting of Council 7 October 2014                                                                                      Page 3 of 7

 

SHIRE OF BROOME

Special Meeting of Council

Tuesday 7 October 2014

INDEX – Agenda

 

1.               Official Opening.. 5

2.               Attendance and Apologies. 5

3.               Declarations of Financial Interest / Impartiality. 5

4.               Public Question Time. 5

5.               Confirmation of Minutes. 5

6.               Announcements by President Without Discussion.. 5

7.               Petitions. 5

8.               Matters for Which the Meeting May Be Closed.. 5

9.               Reports of Officers. 6

9.1      Our People. 7

Nil

9.2      Our Place. 9

9.2.1     FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY. 10

9.3      Our Prosperity. 279

9.3.1     PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION.. 280

9.4      Our Organisation.. 354

Nil

10.            Reports of Committee. 356

Nil

11.            Notices of Motion.. 358

12.            Business of an Urgent Nature. 358

13.            Questions by Members Of Which Due Notice Has Been Given.. 358

14.            Matters Behind Closed Doors. 358

15.            Meeting Closure. 358

 


AgendaSpecial Meeting of Council 7 October 2014                                                                                      Page 4 of 7

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Special Meeting of the Shire of Broome will be held on Tuesday, 7 October 2014 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 4.00pm for the purpose of considering:

    FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

●    PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

 

 

 

Regards

 

 

 

 

 

K R DONOHOE

Chief Executive Officer

 

2/10/2014

 


AgendaSpecial Meeting of Council 7 October 2014                                                                                      Page 5 of 7

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

 

5.         Confirmation of Minutes

 

N/A

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

 

Under section 5.23 (2)(d) of the Local Government Act 1995 Council may resolve to move the meeting behind closed doors.


 

 

9.

REPORTS

OF

OFFICERS


 

9.1

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.

 

Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.

 

Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.

 


AgendaSpecial Meeting of Council 7 October 2014                                                                                      Page 8 of 9

 

There are no reports in this section. 


 

9.2

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.

 

Our aim is for all communities and settled areas, including the Broom Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.

 

Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.

 

The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.


AgendaSpecial Meeting of Council 7 October 2014                                                                                 Page 10 of 11

 

 

9.2.1      FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

LOCATION/ADDRESS:                            Precinct 2 – ‘Old Broome’ – in the final draft Shire of Broome Local Planning Strategy adopted by Council November 2013, being the land bound by Frederick Street to the north, Herbert Street to the west, Roebuck Bay to the east and Reserve 51304 to the south of the Demco residential subdivision being the southern boundary.

APPLICANT:                                              Nil

FILE:                                                           PLA09

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Planning Officer

Manager Planning Services 

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 September 2014

 

SUMMARY:         This report recommends that Council considers the submissions received on the draft Local Planning Policy – Old Broome Development Strategy (the Strategy), and adopts the Strategy subject to modifications arising from submissions received during the public advertising period.

 

BACKGROUND

 

Previous Considerations

 

OMC 2 September 2009 Item 9.2.1

OMC 18 March 2010 Item 9.2.1

OMC 27 March 2014 Item 9.2.2

 

COMMENT

 

At its Ordinary Meeting on 27 March 2014 Council resolved to advertise a draft Local Planning Policy – Old Broome Development Strategy (the Strategy) for a period of 42 days, and endorsed a Community Engagement Plan which set out activities to be undertaken during the advertising period. The advertising period concluded on 15 May 2014 and Council is required to consider the outcomes of this process, prior to adopting the Strategy. 

The Strategy consists of two parts. 

·            Part 1, which contains: 

o     A vision for Old Broome

o     A vision for Town Beach and the Conti Foreshore

o     Eight ‘Key Strategy Areas,’ with a series of objectives, strategies and actions provided for each Area

§   Land Use

§   Open Space

§   Community Facilities

§   Movement

§   Natural Resource and Environmental Management

§   Heritage

§   Urban Form

§   Utilities

 

o     A Strategy Plan which identifies land use areas, creates an ‘Old Broome Special Character Area’ and designates certain streets as ‘Priority Active Frontages’ 

o     A Concept Plan and accompanying text setting out potential project ideas, similar to the Concept Plan included in the Chinatown Development Strategy.

 

·            Part 2, which contains background information and analysis that informed the recommendations in Part 1.

SUBMISSIONS RECEIVED  

At the close of the advertising period 77 formal submissions were received. Detailed officer comment with respect to each submission is provided in Attachment 1 – Schedule of Submissions. Four late submissions were also received and are provided in Attachment 2 – Late Submissions. The late submissions have been provided with officer comment, however Council is under no obligation to consider these submissions.

As set out in the Community Engagement Plan, officers also prepared an online survey using the ‘Survey Monkey’ website. The survey was available via a link on the Shire’s website, with paper copies available for those without computer access. A total of 105 surveys were returned, 34 of which were partially complete. Attachment 3 – Community Engagement Report contains a summary of the survey responses, as well as feedback received through other community engagement activities undertaken (Refer the ‘Consultation’ section of this report for greater detail.) 

The following key issues have been identified in the submissions, survey responses, pop-up displays and workshops. 

 

1.          Opening of Walcott Street at Frederick Street

2.          ‘Mixed Use’ land use designations

3.          Preservation of Old Broome character

4.          Relocation of car parking at Town Beach

5.          Skate park at Town Beach

6.          Extents of the ‘Old Broome Special Character Area’

7.          Hospital expansion 

8.          Other proposed road improvements

 

A summary of the issues raised, officer’s rationale and recommendations to Council is set out below.

1.          Opening of Walcott Street at Frederick Street

 

Issues

There was concern about the proposal to open the intersection of Walcott Street and Frederick Street into a four way intersection, which was shown on both the Strategy Plan and the Concept Plan. The main concern was that this would lead to an increase in traffic which would irrevocably damage the amenity of the heart of the ‘Old Broome Special Character Area’ (OBSCA).  There was also concern that Walcott Street would become the primary route of access to the Roebuck Bay Caravan Park.

 

Rationale

The opening of Walcott Street into a four-way intersection was originally intended as one of a series of potential road works designed to improve connectivity in the precinct. However officers support the comments made by submitters regarding the potential to compromise the amenity of the OBSCA. The location of a major drain at the termination of Walcott Street would make it difficult to implement the proposal.

 

An alternative means to increase connectivity would be to investigate opportunities to improve the Herbert Street intersection with Frederick Street, as this road is already open to through traffic. Herbert Street is on the perimeter of the OBSCA with more intensive forms of subdivision already in existence along the western side, and for this reason it is anticipated that the amenity impacts of increased traffic would be less significant. Additionally, officers consider that traffic flows more freely on Herbert Street, as Walcott Street currently functions as a lower-order street with ‘give way’ signs at each intersection..  

 

Recommendation

·    The officer’s recommendation is to remove all reference to the opening of Walcott Street at Frederick Street, but to include a ‘proposed intersection improvement’ at the intersection of Herbert and Frederick Streets on the Concept Plan.

 

2.          ‘Mixed Use’ land use designations

 

Issues

There was concern about the land use designations shown on the Strategy Plan, particularly the designation of areas that are currently zoned ‘Residential’ under the Shire’s Town Planning Scheme No. 4 (TPS4) as ‘Area B: Mixed Use – Commercial / Civic’ or ‘Area D: Mixed Use – Tourist / Residential.’ There was some preference for the Precinct to be purely residential. There was also some confusion over whether the Strategy will rezone land.     

 

Rationale

The Strategy was designed to elaborate upon the recommendations of the Shire’s draft Local Planning Strategy (LPS), which identifies the entirety of Old Broome as ‘Mixed Use’ and at the same time makes clear that development should be in an ‘open form’ that ‘recognises the historic character of the area.’ The purpose of the Strategy is to further refine the recommendations of the LPS and seek to concentrate appropriate land uses in particular areas. The land use areas in the Strategy were generally derived based on the type of uses that are already operating within particular areas. 

Areas east of Weld Street are already zoned ‘Mixed Use’ with a density of ‘R40’ under the Shire’s Town Planning Scheme No. 4 (TPS4). Under the draft Local Planning Scheme No. 6 (LPS6), the ‘Mixed Use’ zone will extend one street west to Robinson Street. A variety of mixed uses already occur throughout the Precinct and the Strategy allows for this development pattern to continue over time.

The Strategy will not in itself rezone any land and instead will be used as a guide to assist Council in making decisions on future rezoning requests that may be submitted by individual landowners.

Recommendation

·            The officer’s recommendation is to retain the land use designations as shown on the Strategy Plan, with some minor modifications as depicted in Attachment 7 – Proposed Mapping Changes.  

 

3.          Preservation of Old Broome character

 

Issues

Respondents had the opinion that it will be impossible to preserve the historic character of Old Broome if mixed use development and higher density residential development was allowed throughout the precinct.   

 

Rationale

The Strategy contains two mechanisms that will ensure that new development in Old Broome is ‘respectful of the rich cultural heritage and natural environment.’ The first is the creation of the OBSCA. Within the OBSCA, the density of residential development will be restricted to R10, consistent with the existing density coding of much of the precinct (the extents of the OBSCA are further discussed in Point 6 below).  The second mechanism is the preparation of ‘Old Broome Design Guidelines’ (the Guidelines) which will be adopted as a Local Planning Policy. The Guidelines will contain planning controls for residential and non-residential development relating to the public realm, site design, and building form. Specific controls will apply to the OBSCA and will encompass matters including, but not limited to, setbacks, building height, car parking, and landscaping. Officers are progressing a draft of the Guidelines and it is anticipated that this will be brought to Council for consideration in October 2014 and then be publicly advertised.

 

Recommendation

·            No changes are recommended to the Strategy as it is considered that these concerns can be satisfactorily addressed through the preparation of Design Guidelines.

4.          Relocation of car parking at Town Beach

 

Issues

The Concept Plan proposed the relocation of the existing car parking at Town Beach to a new area at the termination of Robinson Street.  The intent of the relocation was to create a larger area of parkland closer to the foreshore and reduce conflict between vehicles, boats, and pedestrians. However, the perception of this proposal was that the size and configuration of the new parking area would result in a significant loss of existing Public Open Space. Competing priorities were expressed about the function of Town Beach, as people regularly visit the area for social gatherings; to check the tide; launch their boat; take children to the water playground, or sit and contemplate. There was also confusion as to the role of the Concept Plan in general.   

 

Rationale

The Concept Plan is intended to serve as a non-statutory tool to identify potential project ideas and orientate them spatially. It does not provide the level of detail of a Master Plan and will not be used as such.  The elements on the Concept Plan are indicative and subject to future investigations (including an assessment of feasibility) and detailed design. With respect to car parking at Town Beach, future design considerations will need to examine factors such as:

 

·            The overall amount of car parking within the Town Beach environs – whether the total number of bays will be greater or fewer than currently provided;

·            The number of bays to be relocated to the Robinson Street area and how this area will be configured to minimise loss of green space;

·            The need to provide accessible bays adjacent to the cafe and water playground to ensure compliance with Australian Standards;

·            Parking requirements for the Town Beach boat ramp and Department of Transport standards for boat ramp areas; and

·            The interface between any relocated car parking and existing residential properties on Robinson Street.

Officers propose that these matters be addressed through the creation of a ‘Town Beach Parking Plan,’ which will also address the parking requirements associated with the Town Beach Boat Ramp upgrades.

 

Prior to the Parking Plan being prepared, it is considered more appropriate to amend the Concept Plan to show the parking configuration largely as at present, with the exception of an additional row of angled parking along the eastern side of Robinson Street.   

 

Recommendation

·            The officer’s recommendation is to amend the Strategy text to reference the need to prepare a Town Beach Parking Plan which will consider the design factors outlined above.     

·            It is also recommended that the Concept Plan be modified to depict the car parking at Town Beach as it is currently, with an additional row of angled parking along the eastern side of Robinson Street.

5.          Skate park at Town Beach

 

Issues

The Concept Plan proposed the creation of a skate park at Town Beach. There was concern that this would lead to a loss of Public Open Space, as well as the potential for such a facility to attract antisocial behaviour and generate noise and light spill which would impact adjoining properties and users of the Roebuck Bay Caravan Park.  

 

Rationale

An ‘all ages’ skate park is recognised in the Strategic Community Plan as a community aspiration from the Broome 2040 Visioning Project. However, officers have considered the land requirements associated with the development of such a facility and recognised that if a skate park equivalent in size to the one currently at BRAC was constructed in the environs of Town Beach as shown on the Concept Plan, it would need to be located within the Roebuck Bay Caravan Park. A larger and more comprehensive facility to cater for a range of ages and abilities would require more land and this will be difficult to assemble given competing priorities for the area. Concerns regarding anti-social behaviour due to a lack of passive surveillance, and the impacts of noise and light spill, are also valid.

 

Officers note that the draft Final Sport Recreation and Leisure Plan (2014) recommends the creation of a ‘Youth Precinct’ at BRAC including an improved skate park and longer term construction of skate park in Broome North. For these reasons it is recommended that the skate park be removed from the Strategy.

 

Recommendation

·            The officer’s recommendation is to remove any reference to a skate park from the Strategy text and Concept Plan.

6.          Extents of the ‘Old Broome Special Character Area’

 

Issues

Respondents supported the creation of the OBSCA but argued that the extents depicted on the Strategy Plan did not capture an accurate representation of existing heritage within Old Broome. Particular areas thought to have been wrongly omitted included the land between Weld and Robinson Streets north of the Broome Primary School and land along Walcott Street south of Guy Street.

 

Rationale

Officers considered the extents of the OBSCA and noted that there are three places on the State Register of Heritage Places and one place on the Shire’s Municipal Inventory in the four street blocks between Robinson Streets and Weld Streets, extending south from Frederick Street to Anne Street. It is considered appropriate that this area be included within the OBSCA. Officers further considered the recommendations of the Shire’s Local Housing Strategy 2009 which showed the land described above as well as land between Herbert and Walcott Streets retaining a density of R10. This is consistent with the purpose of the OBSCA. As a result of the above, modifications to the boundaries of the OBSCA are recommended as set out in Attachment 7 – Proposed Mapping Changes.   

 

It is noted that the only land in Old Broome that is not included within the OBSCA is either:

·            Already zoned ‘Mixed Use R40’ under TPS4;

·            Located along a ‘Priority Active Frontage’ on the Strategy Plan; 

·            On the same street block as land located along a ‘Priority Active Frontage.’ This is because officers consider that development along the ‘Priority Active Frontages’ which can be at a higher density with a different built form, will influence the type of development that occurs on adjoining lots.

·            On the street block which includes the former Palms Resort (Town Beach Village), as the majority of this block already contains higher density units associated with the hotel development. 

Recommendation

·            The officer’s recommendation is to increase the size of the OBSCA to include the land between Weld and Robinson Streets north of Anne Street, and the land between Herbert and Walcott Streets between Guy and Hopton Streets.

 7.         Hospital expansion 

 

Issues

The Concept Plan showed the potential for the Broome Hospital on Robinson Street to expand to the north. There was concern that any further hospital development would be inconsistent with the historic character of Old Broome and would impact privately owned land. Past deliberations about moving the hospital to a site on Cable Beach Road East were mentioned, with the view that this option should be investigated. 

 

Rationale

The Broome Hospital site is also known as Reserve 3596 with a Management Order in favour of the Minister for Health for the purpose of ‘Hospital and Allied Purposes.’ Any future development or redevelopment of the hospital will be considered a ‘public work’

 under the Public Works Act 1902, which means it will be exempt from the need to obtain Planning Approval under the Planning and Development Act 2005. The Shire will therefore have limited ability to influence the scale and appearance of such development.

 

Since the Strategy was advertised, Shire officers have met with the Broome Hospital and have been advised that the current site has the capacity to cater for demand until 2021, and potentially 2025. After this time, there is potential to relocate some components off-site. Hospital administrators have advised that they have no intention of expanding to the north, as it would require the acquisition of privately owned land. 

 

Recommendation

·            The officer’s recommendation is to remove any reference to the hospital expansion from the Strategy text and Concept Plan.

8.          Other proposed road improvements

 

Issues

The Strategy Plan and Concept Plan contained a number of potential road improvements which received varying levels of support from respondents. In addition to the opening of Walcott Street at Frederick Street which was discussed in Point 1 above, there was concern about extending Hamersley Street to connect with Hopton Street north of Town Beach due to a potential loss of Public Open Space.     

 

Rationale

As discussed above, the potential road improvements are designed to increase connectivity in the Precinct. However, the Strategy notes that before any of the proposed road works can be implemented a Traffic and Transport Study is required to holistically consider the existing movement network. Whilst it is considered appropriate to depict potential road works on the Concept Plan as this plan is indicative, it is premature to show these on the Strategy Plan prior to the Traffic and Transport Study being completed as the Strategy Plan will fulfil a statutory function.

 

Recommendation

·            The officer’s recommendation is that all potential road improvements, as well as proposed footpaths, foreshore walks and the tram route, be removed from the Strategy Plan and included in a new ‘Movement Options’ figure which recognises the indicative nature of such improvements. 

·            It is further recommended that the above improvements remain on the Concept Plan.

 

INTERNAL DEPARTMENTAL COMMENT

 

Shire officers in considering the issues raised by submitters have made further recommended modifications, generally seeking to ensure consistency between the Strategy and LPS6 and resolve minor mapping discrepancies. These recommendations are contained in Attachment 4.

 

One substantial modification is recommended from these considerations, which concerns the land use tables in Action 1 of Section 4.1.4 of the Strategy. Officers considered the original version of these tables would be of limited assistance in performing planning assessments, as it did not include the full range of uses that could be permitted within the ‘Mixed Use’ zone under LPS6. Additionally, it was unclear how ‘secondary’ land uses should be viewed during the assessment process. To address this, officers are recommending the tables be reconfigured to include ‘preferred,’ ‘not preferred’ and ‘inappropriate’ land uses with clear assessment parameters for each. Officers are further recommending that the tables for ‘Mixed Use’ areas include all uses that can be contemplated in the ‘Mixed Use’ zone under LPS6.  

 

PROPOSED MODIFICATIONS TO THE STRATEGY

 

A copy of the proposed Local Planning Policy – Old Broome Development Strategy is included as Attachment 5. All modifications proposed as a result of public or internal submissions have been included on a ‘tracked changes’ copy of the Strategy which is included as Attachment 6. Modifications proposed to the Strategy maps and figures have been marked by hand and are included in Attachment 7. Should Council resolve to support the modifications proposed to the maps and figures, Shire officers will liaise with consultants Cardno (WA) Pty Ltd, who originally prepared the maps, to effect the relevant changes.

 

Attachment 1 – Schedule of Submissions

Attachment 2 – Late Submissions

Attachment 3 – Community Engagement Report

Attachment 4 – Internal Department Comment

Attachment 5 – Local Planning Policy – Old Broome Development Strategy 

Attachment 6 – Proposed Text Changes – Old Broome Development Strategy Parts 1 and 2

Attachment 7 – Proposed Mapping Changes

ROLE OF THE STRATEGY

Once adopted, the Strategy will become a Local Planning Policy under TPS4 (and subsequently LPS6). The Strategy Plan and corresponding text will be used by Shire planners and Council when considering requests to initiate Scheme Amendments, subdivide land, or undertake new development.

 

The Concept Plan and corresponding text will play a different role as these sections are visionary rather than statutory. The purpose of the Concept Plan is to identify potential project ideas and orientate them spatially. As discussed above, the realisation of these project ideas will require additional work, such as feasibility studies and detailed design.

 

It is intended that the Concept Plan and related actions will become an ‘Informing Strategy’ under the Shire’s Integrated Planning Framework. This means that it will be considered by Council when undertaking revisions to the Strategic Community Plan, the Corporate Business Plan, and the Long Term Financial Plan. Further to the adoption of the Strategy by Council, the projects depicted on the Concept Plan will be assigned to the relevant Shire departments. Departments will then need to put forward their own project briefs to source funding through Council’s annual budgetary process in order to realise the projects. 

 

CONSULTATION

Under the Shire’s Local Planning Policy 8.23 – Public Consultation – Planning Matters, ‘Development Strategies for Selected Areas’ are listed as Level E consultation, which requires the development of a Community Engagement Plan consistent with the Shire’s Community Development Policy 5.1.10 – Community Engagement. A Community Engagement Plan was prepared for the Strategy and was adopted by Council at its March 2014 Ordinary Meeting.

The Community Engagement Plan proposed a formal consultation period of 42 days and a variety of engagement activities. The consultation period concluded on 15 May 2014 at 4.00 pm with all activities completed, including: 

o     Letters posted to stakeholder groups, such as:

§   700 landowners (approximately)

§   Relevant government agencies and local businesses

§   Community groups situated within Old Broome

o     Online survey via ‘Survey Monkey’

o     Public Notice on Shire of Broome website and in the Broome Advertiser

o     Static public displays in the Shire Administration Office and Library

o     Fact sheets

o     Workshops with Broome residents, community groups, government departments and Nyamba Buru Yawuru Ltd representatives

o     Pop-up public displays at the Court House Markets and Broome Boulevard Shopping Centre

o     Advertising through media

o     Interviews on ABC and Goolari Radio with the Shire’s Director Development Services

o     Public enquiries (phone, e-mail and in-person)addressed by Shire planning staff

The Strategy and engagement activities generated a large amount of public interest. Appendix 3 is a Community Engagement Report which summarises the activities and the feedback received from the pop-up displays, community workshop, and online survey.

It is important to note that when a Community Engagement Plan is prepared using the Shire’s Community Engagement Framework, it includes a promise to the community about the level of involvement they can expect in a particular programme or project. The Community Engagement Plan for the Strategy set the level of engagement at ‘Consult,’ which includes the following promise:

We will keep you informed, listen to and acknowledge concerns and provide feedback on how the public input influenced the decision.

Officers consider that this promise to listen and acknowledge concerns does not extend only to submissions that are made ‘formally.’ Feedback received verbally during a public display or a workshop is also of value, and the Community Engagement Report has sought to document this feedback for Council’s information and consideration. Officers consider the common themes that emerged through the Community Engagement Report were also reflected in the submissions, and as such it is considered that they have been responded to by officers in Attachment 1 – Schedule of Submissions. 

 

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Town Planning Scheme No. 4

Draft Shire of Broome Local Planning Strategy

Local Planning Scheme No. 6

TPS 4

2.3        Local Planning Policies

2.3.1     The Council may prepare a Local Planning Policy in respect of any matter related to the planning and development of the Scheme Area so as to apply:

(a)        generally or for a particular class or classes of matters; and

(b)        throughout the Scheme Area or in one or more parts of the Scheme Area; and may amend or add to or rescind a Policy so prepared.

2.3.2     Any Local Planning Policy prepared under this Part must be consistent with the Scheme.

2.4        Local Planning Policy not Part of the Scheme

A Local Planning Policy is not part of the Scheme and shall not bind the Council in respect of any application for planning approval but the Council shall have due regard to the provisions of any such Policy and the objectives which the Policy is designed to achieve before making its decision.

2.5        Procedures for Making and Amending Local Planning Policy

A Local Planning Policy Shall become operative only after the following procedures have been completed:

a)          The Council having prepared and adopted a draft Policy shall publish a notice once a week for two consecutive weeks in a local newspaper circulating within the Scheme Area giving details of where the draft Policy may be inspected, the subject and nature of the Policy and in what form and during what period (being not less than 21 days) submissions may be made.

b)          The Council shall review the draft Policy in the light of any submissions made and shall then resolve either to finally adopt the draft Policy with or without modification, or not to proceed with the draft Policy.

c)          Following final adoption of a Policy, notification of the final adoption shall be published once in a newspaper circulating within the Scheme Area.

d)          Where, in the opinion of the Council, the provisions of any Policy affect the interests of the Commission, a copy of the policy shall be forwarded to the Commission.

e)          The Council shall keep copies of any Policy with the Scheme documents for public inspection during normal office hours.

f)           Any amendment or addition to a Policy shall follow the procedures set out in (a) - (d) above.

10.2   Matters to be Considered by Council

The Council in considering an application for planning approval may have due regard to the following:

(c)        the requirements of orderly and proper planning including any relevant proposed new town planning Scheme that has been adopted by the Council pursuant to the Town Planning Regulations 1967;

(g)        any planning policy adopted by the Council under the provisions of clause 2.5 of this Scheme, any heritage policy statement for any designated Heritage Area adopted under clause 7.2.2 of this Scheme, or any other plan or guideline adopted by the Council under the provisions of this Scheme;

LPS

3.3        Precincts

It is anticipated that ‘Development Strategies’ and/or design guidelines may be prepared for each of the precincts or sub-precincts indicated therein. The content of these development strategies and Design Guidelines will be adopted by Council as Local Planning Policies. The ‘Development Strategies’ will guide development within the precincts and assist Council in making recommendations to the WAPC on subdivisions, Design Guidelines will similarly be utilised to assist in assessing subdivisions and development applications.

3.3.1.2  Precinct 2 (Old Broome)

Precinct 2 will extend from south of Frederick Street to the Roebuck Bay Caravan Park and west to Herbert Street. Precinct 2 will also include the Demco residential subdivision. This area is under a process of change and includes some land zoned ‘Mixed Use’ under the local planning scheme with the majority zoned ‘Residential’. The extension of commercial activities requires careful consideration to ensure development is undertaken in accordance with the Local Commercial Strategy.

Objective:

1.          Establish Precinct 2 as a ‘Mixed Use’ area consisting of residential, tourist, and office uses in an open form of development that recognises the historic character of the area.

Guidelines:

·            Prepare Development Strategies which consider the integration of retail, mixed use development and tourism and recreational values of the precinct.

·            Implement the Development Strategies and design guidelines where necessary.

 LPS6

2.6        Local Planning Policy Savings Provision

Local planning policies prepared and adopted by the local government under the provisions of the revoked scheme referred to in Clause 1.1.2 shall be taken to be a local planning policy made in accordance with the requirements of Part 2 of this Scheme.

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.23 – Public Consultation – Planning Matters

Level E – Community Engagement Plan

1.14      Where planning matters are of State, regional or shire-wide significance the community will be consulted. This level of consultation will require preparation of a Community Engagement Plan consistent with Community Development Policy 5.1.10 – Community Engagement.

1.15      Specific objectives for Level E consultation which must be taken into consideration when preparing the Community Engagement Strategy, include but may not be limited to the following:

i.            Raise awareness about a particular issue/matter;

ii.           Establish communication links with the community and identify which sections of the community are to be targeted in engagement plan;

iii.          Encourage active participation in programs;

iv.          Collect views, opinions and ideas;

v.          Foster community pride, support and ‘ownership’; and

vi.          Build trust and confidence between Council and the community.       

1.16      Consultation mechanisms available for Level E include but are not limited to:

i.            Newspaper advertising;

ii.           Letter/mail box drops or Council notices;

iii.          Signage and displays in relevant locations;

iv.          Media releases – press, radio, television (subject to availability and budget);

v.          Notice to be displayed on Council’s website;

vi.          Formation of community or advisory committees under Local Government Act 1995;

vii.         Formation of working groups;

viii.        Workshops, forums or briefing/information sessions;

ix.          Public meetings; or

x.           Other procedures as required.

 

1.17   Notwithstanding the consultation methods adopted, a minimum level of consultation for Level E will be a comprehensive local newspaper notice repeated over the duration of the process (minimum of 2 notices) associated with a formal comment period of twenty one (21) days, or such longer period that may be necessary to comply with relevant legislation. Costs associated with the mechanisms adopted under the Community Engagement Plan developed shall be borne by the applicant or initiating agency, as relevant.

 

FINANCIAL IMPLICATIONS

It is estimated that costs associated with the final modifications of the Strategy maps and figures can be accommodated within the original project budget as per the amended Scope of Work agreed to by Cardno (WA) Pty Ltd in February 2014.

 

As discussed above, the realisation of actions depicted on the Concept Plan will require additional work, such as feasibility studies and detailed design. Individual projects on the Concept Plan will be allocated to relevant Shire departments, which will then need to put forward their own project briefs to source funding through Council’s annual budgetary process

 

STRATEGIC IMPLICATIONS

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Effective communication.

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community.

 

A built environment that reflects arid tropical climate design principles and historical built form.

 

A unique natural environment for the benefit and enjoyment of current and future generations.

 

A preserved, unique and significant historical and cultural heritage of Broome.

 

Retention and expansion of Broome’s iconic tourism assets and reputation.

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Pursuant to Clause 2.5 of Town Planning Scheme No. 4 adopt Local Planning Policy – Old Broome Development Strategy as outlined in Attachment 5 subject to the modifications outlined in Attachments 1 and 4 being effected to the Old Broome Development Strategy Parts 1 and 2.

2.       Endorses the Concept Plan and related actions as an ‘Informing Strategy’ under the Integrated Planning Framework.

3.       Authorises the Chief Executive Officer to incorporate projects into the Long Term Financial Plan for future budget considerations, noting that all recommended actions are subject to appropriate investigations such as preparation of detailed business case.

 

Attachments

1.

Attachment 1 - Schedule of Submissions

2.

Attachment 2 - Late Submissions

3.

Attachment 3 - Community Engagement Report

4.

Attachment 4 - Internal Departmental Comment

5.

Attachment 5 - Local Planning Policy - Old Broome Development Strategy

6.

Attachment 6 - Proposed Text Changes - Old Broome Development Strategy Parts 1 and 2

7.

Attachment 7 - Proposed Mapping Changes

  


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 1 - Schedule of Submissions

 

 














































































Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 2 - Late Submissions

 

 









Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 3 - Community Engagement Report

 

 


 


 


 


 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 4 - Internal Departmental Comment

 

 


 


 


 


 


 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 5 - Local Planning Policy - Old Broome Development Strategy

 

 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 6 - Proposed Text Changes - Old Broome Development Strategy Parts 1 and 2

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

Attachment 7 - Proposed Mapping Changes

 

 


 


 


 


 


 


 


 

 


 

9.3

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

Our region has grown significantly over the past years in terms of population, economy and industry – this will continue!  Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region.  Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.

 

Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.

 

Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure.  Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus.  The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.


AgendaSpecial Meeting of Council 7 October 2014                                                                            Page 272 of 273

 

 

9.3.1      PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ACT11

AUTHOR:                                                   Acting Manager Property

CONTRIBUTOR/S:                                    Director of Development Services

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    1 October 2014

 

SUMMARY:         The Department of Local Government and Communities (the Department) has prepared a consultation paper to facilitate public submissions on the changes to the Caravan Parks and Camping Grounds Legislation (Attachment 1). This report recommends Council makes a submission on this consultation paper which addresses aspects of the twin roles of the Shire of Broome as a statutory regulator and an owner of one and potentially a second caravan park. A copy of the DRAFT submissions is attached at Appendix 2 for Councils consideration.

In preparing this DRAFT submission Officers have consulted with the current lessee of Roebuck Bay Caravan Park, the consultants who prepared the Roebuck Bay Caravan Park Redevelopment Master Plan and preferred tenderers for the proposed Sanctuary Road Caravan Park.  

 

BACKGROUND

The State Government proposes to develop new caravan parks and camping grounds legislation to replace the existing Caravan Parks and Camping Grounds Act 1995 (CPCG Act). 

 

The review is being led by an Interagency Advisory Group assembled to facilitate the development of a new CPCG Act and to explore key policy issues as it is recognised that many stakeholders including consumers, industry, state government departments and local government have an interest in the caravan parks and camping grounds legislation.

The overarching objective of the new legislation is to provide a legislative framework which meets the needs of consumers, operators and regulating authorities, reduces red tape and safeguards the health and safety of users.

 

The anticipated outcome from the development of the new legislation is an
improvement in:

 

·    clarity in the interpretation of the legislation;

·    consistency of application of the legislation by State and  local government agencies;  and

·    flexibility of the prescribed requirements under the legislation for existing and
new developments.

 

A consultation paper has been prepared by the Department of Local Government and Communities (the Department) to facilitate public submissions on the proposed new legislation.

Officers are recommending that the Shire of Broome make a submission to the consultation paper addressing issues from both a regulatory/compliance point of view and as a caravan park owner.  

Officers have negotiated an extension of the submission deadline to allow Council to decide what feedback, if any, to provide. 

COMMENT

 

Whilst it is expected that any new legislation would not be effective until 2016 at the earliest, it would be prudent to consider and make comment on the impact of proposed changes on the existing Council owned Caravan Park and development of proposed new facilities.

 

As can be seen the submission takes the form of answering a number of questions posed by the Department.  Officers have recommending Council provide answers to questions considered relevant to the Shire. 

 

Some of the answers to the questions posed are considered routine and/or of a compliance nature however following consultation with stakeholders the following issues are identified as areas Council direction is particularly required to form part of any submission:  

 

·    Changes in definitions

·    Buildings standards

·    Buildings allowed

·    Licensing regime

·    Independent licensing authority

 

Changes in Definitions

 

There are proposed changes to existing terminology and associated definitions that have impact on the subsequent aspects to the existing legislation that may have implication for Council as follows:

 

1.   Caravan Park and Camping Grounds to Holiday Park

 

It is proposed that the name “Caravan Park and Camping Grounds” will change to be “Holiday Park” to reflect more contemporary terminology.  Along with this change in terminology will be a redefinition of a Holiday Park to be an area of land on which caravans, campervans and/or tents are situated for habitation primarily by short-stay occupiers. It may include ancillary accommodation depending on zoning and the licence conditions of the holiday park. 

 The proposed uses of these holiday parks will permit:

 

·    Holiday accommodation (short-stay)

·    Workers accommodation (short-stay or long-stay)

·    Residential accommodation (long-stay)

·    Accommodation for people in transit (overnight or short-stay)

·    Respite accommodation (short-stay)

 

2.   Short and Long Stay Occupiers and Sites

The proposed legislation clearly defines the category of occupier and nominates based on this which category the site they can occupy as follows:

 

·    A short stay occupier is defined as a person or one group of persons who occupies a holiday park for no longer than 3 months in any 12 month period.

 

·    A long stay site is to be defined as a site at a holiday park which can be occupied consecutively by the one person or one group of persons for longer than 3 months in any 12 month period. 

 

3.   Clarity of Residential Park

 

Historically, caravan parks have catered for tourists and holidaymakers but in recent times they have been recognised as providing a legitimate form of residential accommodation.

 

Whilst it has been recognised that the demand of the caravan industry is seasonal and ‘permanents’ or ‘long-stay tenants’ provide consistent income and out of season benefits for operators the new legislation will no longer provide for Residential Parks with facilities catering solely for  residents outside the definitions allowed in a Holiday Park.

 

Residential Parks that only cater to long-stay tenants are proposed to be assessed under a more appropriate regulatory framework similar to a typical residential development.

 

Currently, the Roebuck Bay Caravan Park Redevelopment Master Plan identifies 118 sites defined as “permanent caravan sites.” The preferred tenderer for the proposed Sanctuary Road Caravan Park provided concept designs to support their submission based on percentages of their Western Australian parks currently dedicated to the provision of long term accommodation for permanent residents.  These range between 9% and 56% with the majority greater than 35%.  Whilst “long stay” Caravan occupancy in Holiday Parks seems secure, proposal 9 in the consultation paper recommends that any building other than a Managers Residence which a long stay occupier occupies must be transportable.  This means permanent residents occupying fixed buildings such as chalets and cabins will not be “allowable” into the future.    

 

Council’s current Policy 4.2.9 Caravan Parks and Camping Grounds- Maximum number of sites of a particular type that may be used at a facility limits the long stay component of a caravan park as follows:

 

The maximum number of sites at caravan parks within the Broome Townsite that can be used at a facility (caravan park) for long stay sites and/or on-site caravan sites is to be limited to forty (40) percent.

 

Council’s current policy 4.1.10 Tourist Accommodation Developments (Excluding Caravan Parks) within the Tourist Zone provides as follows:

 

The split of tourist / residential accommodation shall be 60% short stay (minimum) / 40% long stay & permanent accommodation (maximum).

 

The split of tourist/residential shall ensure that the residential component does not exceed 40% of the total land component of the site, gross floor area of accommodation units and number of units.

 

Accordingly, officers are recommending that Council provide feedback to the consultation paper that:

 

a.   Whilst it supports the change in terminology from Caravan Park and Camping Grounds to Holiday Park, it does not support the definition of a Holiday Park that outright precludes residential or seasonal occupancy longer than three months in each year and any other associated changes that result in a reduction in viability for most holiday parks outside urban areas and;

 

b.   A definition be included in new legislation that allows “long stay” occupants  to occupy accommodation types and sites in a Holiday Park they consider their  permanent place of residence, or as seasonal workers and travellers who would be occupants longer than three months each year.

 

c.   Recommends provisions for a flexible limit be included which allows local governments to, in accordance with its planning framework, control and or designate maximum long stay capacity.

 

d.   It is also recommended that the word “consecutively” be removed from the long stay site definition to provide greater clarity. 

 

Building Standards. 

 

The proposed definition of ‘Caravan’ will exclude caravans now that are not capable of being registered or licensed under the Road Traffic Act 1974 as a trailer. Licensing costs are approximately $300 per annum and will require compliance with conditions of the licence category (i.e. functional wheels, indicators etc.) It is understood this requirement is being proposed improve amenity and safety of permanent caravans in caravan parks.

 

Consultation with both the current lessee Roebuck Bay Caravan Park and the preferred tenderer for the Sanctuary Road Caravan Park has identified the need to ensure that the amenity of any permanent caravans are maintained to acceptable levels.  However it is questionable if licencing of caravans will achieve this purpose as amenity and appearance are not matters associated with road worthiness.  It may be more appropriate for amenity issues to be reflected in either the Management Plan or the Lease of particular parks. 

 

On this basis Officers are proposing Council not support the requirement to licence permanent caravans but use other mechanisms to ensure the safety and amenity of Shire owned parks is maintained for its current and future occupants.  If Council wanted to support the proposed licensing requirements Officers would recommend the inclusion of a transitional provision allowing existing unlicensed occupants time to comply with the new legislation. 

 

Further the new definition of ‘Caravan’ and “Campervan,” will both now exclude transportable and park homes. The impact of this exclusion is on park homes in caravan parks, which are currently defined as a “vehicle” as opposed to a park home outside a caravan park which is considered a “building.” Transportable cabins/chalets in caravan parks and park homes outside a caravan park are classified as “buildings” and assessed for approvals and compliance under the Building Code of Australia (BCA).  New legislation will mean that all accommodation types in a Holiday Park other than caravans and camper vans will be categorised and assessed as “buildings.”

 

Buildings Allowed

 

Holiday Parks should have the ability to cater to the needs of particular market segments. A variety of accommodation types from buildings such as chalets and cabins to sites available for caravans, campervans and tents need to be provided. Accordingly, this new legislation is attempting to ensure the placement of buildings does not limit the ability to prevent the mobility of caravans, campervans and tents, nor the removal of transportable buildings within 24 hours.

 

Changes under this legislation are attempting to prevent the development of permanent residential developments in Holiday Parks, and is therefore proposing that any building and associated structure which a person other than a short stay occupier resides in, must be transportable, apart from the manager’s residence.  Chalets and cabins which are not transportable will only be able to be occupied by short stay occupiers.

 

To support the redevelopment plan for Roebuck Bay Caravan Park and the proposed development at Sanctuary Road it would be prudent for Council, as a land owner, to provide a submission that supports the current building mix outlined in these documents whilst still placing a limitation, in accordance with current policy, on the maximum long stay component in caravan parks.

 

Hence officers are recommending that Council provide feedback that whilst it does not disagree that buildings need to be placed to allow caravans and campervans to leave the park in case of an emergency, it considers that a timeframe of 24 hours is unrealistic to remove transportable buildings. It would be more appropriate to ensure these structures are in accordance with the Building Act 2011 and hence are as safe as any other structure.

 

It is also recommended that Council provide feedback that it does not agree that all types of accommodation occupied by long term occupants should be restricted to caravans, camper vans, tents, transportable buildings and associated structures.  Further it does not agree with the proposed legislation to allow only short stay occupiers to chalets and cabins, which will negatively impact on maximum legal occupancy and financial viability.  However it is also recommended that Council does support placing a limit on the maximum percentage of accommodation units that could be used as long stay.

 

Licensing Regime

 

1.    Variety of available licensing categories

 

The current CPCG Act stems from the Health Act 1911 and is essentially designed to minimise the health and safety risks associated with caravan parks and camping grounds. The licensing regime is a regulatory tool to regulate and monitor these risks. Currently there are six categories of licences as follows:

 

·    Caravan park licence

·    Camping ground licence

·    Caravan park and camping ground licence

·    Park home park licence

·    Transit park licence (stay of no longer than 3 consecutive nights)

·    Nature-based park licence (stay of no longer than 3 consecutive months)

 

This new legislation proposes to simplify this to three categories being: holiday park licence, transit park licence and nature-based park licence. 

To maximise potential occupancy of current and future caravan parks, it is recommended Council feedback on this aspect of the proposed legislative changes should reflect the opinion that any caravan park should be allowed to have a mix of licence categories within the same property to service different market segments. That is, a holiday park may have a full service area with high-level recreation facilities and amenities in one zone, a transit park with appropriate facilities in another (with maximum stay of 3 nights), a nature-based park section if in an appropriate location and even an area with minimal facilities for self-contained vehicles (under a special self-contained facility licence endorsement).

2.    Management Plan Model

It is proposed that the licensing regime focuses on a management plan prepared by the operator. This management plan will be an extension of the development application and approval. This new model is expected to be sustainable and able to readily meet changes in the market as it is consumer focused.

The management plan will form the main planning document for the operator and be the document a licensing authority uses to assess the application in order to license and regulate the park. It will be assessed on a case-by-case basis by the licensing authority while adhering to minimum health and safety standards under the new legislation. When approved, it will be the basis for the licence issued and conditions associated with that licence.

Some of the matters that the management plan will need to address include:

1.   Market segment being targeted.

2.   Infrastructure to be provided (in light of the market segment).

3.   The number and type of sites proposed.

4.   The buildings proposed.

5.   The proposed maximum capacity of the facility.

6.   If a full range of infrastructure is not to be provided, include an explanation of the impacts and how will this be managed.

7.   Environmental impact and sustainability.

8.   Waste management.

9.   Traffic management.

10. Risk management.

 

If the operator wishes to make significant changes to the facility, a modified management plan will need to be submitted to the licensing authority for approval.

This is a very significant shift from how licences are currently secured but officers consider that this requirement will be a further guarantee that operators of Council owned facilities will be providing facilities supported by practices that reflect well on the Council and provide safe and enjoyable experiences for occupants.

The current lessee of the Roebuck Bay Caravan Park has indicated support at a concept level for a management plan but expressed concern over the nature and extent of the functioning of the document. 

The preferred tender for the Sanctuary Road Caravan Park is also supportive on this proposal. 

 

Accordingly it is recommended that Council provide feedback that it supports the use of a management plan to form the model for licensing holiday parks subject to further details being provided on the nature and extent of the document.

 

3.       Duration of Licence

Currently, the prescribed duration of a licence is one year and it is proposed that there are longer licence periods and longer periods between inspections to reward operators that are meeting the approved management plan requirements. It is suggested that the licence period be extended from one year to five years.

Ideally Officers consider its in Council’s interest to have a balance between a longer licence period and inspections often enough to ensure any facility is being managed well and lawfully. Consultation has led officers to suggest that a three year licence period with annual inspections would be optimal.

Independent Licensing Authority

Under the current CPCG Act, the local government is the licensing authority for the operation of caravan parks and camping grounds and if it operates its own caravan park, it is exempt from having to gain a licence.  However, as Council’s current caravan park is operated by a private sector operator, it is licensed.

The proposed legislation is suggesting that an independent licensing authority take the current role of local government in licensing and regulating facilities.

The advantages given for this model include:

·    Removing the issue of perceived conflict of interest.

·    Ensuring that all licence approvals in the State are processed consistently.

 

Some disadvantages for this model include:

·    Significant increased cost to the industry as the cost of the independent licensing authority will need to be fully met by licensees.

·    Potential increased cost to the users of holiday parks as the industry will pass on the costs.

·    High costs in operating a centralised licensing authority with the ability to inspect and regulate across our large State, including travel costs.

·    In a more decentralised model, the difficulty in hiring an inspector in regional areas who is independent of local government.

·    Likely increase in back logs and delays of licence approvals and inspections done around the State.

 

The proposed model of an Independent Licensing Authority is not supported by officers and it is therefore recommended that Council provide feedback to this effect.  It is recommended that Council provide feedback that whilst is agrees that an independent regulator would remove the perception of any perceived conflict of interest, it has confidence in internal processes to ensure impartiality and rigour applied to compliance matters associated with Council owned facilities.  Therefore it does not support the model of an independent regulatory body due to potential increased costs to the industry resulting in higher costs to users of holiday parks coupled with the negative impact of back logs and delays in approvals.

CONSULTATION

 

·    Representative of Ralston Holdings.

·    David Holland, Brighthouse.

·    Discovery Holiday Parks Pty. Ltd.

 

STATUTORY ENVIRONMENT

 

Changes are being considered to the Caravan Parks and Camping Grounds Act 1995

Reference is also made to the Building Act 2011 and Road Traffic Act 1974 and Health Act 1911.

 

POLICY IMPLICATIONS

 

Shire of Broome Policy 4.2.8 Buildings on Caravan Parks

Shire of Broome Policy 4.2.9 Caravan Parks and Camping Grounds- Maximum number of sites of a particular type that may be used at a facility

Shire of Broome Policy 4.1.10 Tourist Accommodation Developments (Excluding Caravan Parks) within the Tourist Zone

 

FINANCIAL IMPLICATIONS

 

There is nil impact on the current budget.

 

There is the potential for an impact on future financial return to Council associated with its ownership of the current caravan park and proposed developments under consideration.

 

STRATEGIC IMPLICATIONS

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Affordable services and initiatives to satisfy community need.

 

Accessible and safe community spaces.

 

Participation in recreational activity.

 

High level social capital that increases community capacity.

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community.

 

A built environment that reflects arid tropical climate design principles and historical built form.

 

A unique natural environment for the benefit and enjoyment of current and future generations.

 

Retention and expansion of Broome’s iconic tourism assets and reputation.

 

Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable and equitable services and infrastructure.

 

Affordable land for residential, industrial, commercial and community use.

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees.

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

 

1.         Endorses the submission (Attachment 2) on the Consultation Paper prepared by the Department of Local Government and Communities on the Proposal for Caravan Parks and Camping Grounds Legislation.

 

2.         Requests the Chief Executive Officer to lodge the submission accordingly with any minor amendments as required.

 

 

Attachments

1.

Attachment 1

2.

Attachment 2

  


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Attachment 2


 

GOVERN,.ENT  OF

 

 
WE.!flt=-RN  A111t'tRA UA


 

Department of Local Government and Communities

Department of Regional Development


 

 

ROYALT I ES

F O  REG I ONE


 

 

 

 

 

 

 

 

 

 

 

 

 
Consultation Paper Feedback Form

Proposal for Caravan Parks and Camping Grounds Legislation

 

 

This form is part of an invitation for public comment on Consultation Paper 'Proposal for Caravan Parks and Camping Grounds Legislation' which can be found on the Department of Local Government and Communities' website here:

www .dlgc.wa. gov.au/C PCG-Consultation-Paper

 

The consultation paper is an initiative of the Western Australia Caravan and Camping Action Plan, which is supported by the State Government's Royalties for Regions program to improve caravan park and camping experiences .

 

This form has been developed to assist you in preparing your submission. It contains all the proposals and guidance questions from the consultation paper. Please enter your comments in the boxes provided. It is not expected that all questions are answered.

 

Comments on all or part of the consultation paper are appreciated. Submissions

Comments, queries and submissions should be forwarded no later than

1 September  2014. Please direct all comments and submissions:

 

By email to  caravan@dlgc.wa .gov .au

noting 'Caravans and Camping Review' in the subject line.

 

By post to:      Principal Policy Officer- Caravans  and Camping  Review Department of Local Government and Communities

GPO Box R1250, Perth WA 6844

 

All responses to the consultation paper may be made publicly available on the Department's website . If you would prefer your name to remain confidential, please indicate this in your submission. If you would like the entire submission to remain confidential , please mark it "Private and Confidential".


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

More information

 

If you have any queries in relation to the consultation paper and this form, please contact:

 

Principal Policy Officer- Caravans and Camping  Review Email: caravan@dlqc.wa.gov.au

Telephone: (08) 6551 8700

Freecall (country only) : 1800 620 511

Fax: (08) 6552 1555

 

For a Translating and Interpreting Service (TIS) telephone  13 14 50.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

About You

 

 

Title:

MrO      I Mrs 0    I Ms !lT

Miss  0     I Other D

If other , please specify :

 

Given names:

 

Kenn

 

 

 

 

Surname:

 

Donohoe

*Street or postal address:

 

PO Box 44

Broome WA 6725

*Telephone:

Home

I Mobile         I

Business

 

9191 3459

*Email address:

 

kenn.donohoe@broome.wa.gov.au

Which  best describes  you? (You can select more than one.)

A Camper

 

 

A Caravan User

 

 

A Recreational Vehicle Owner

 

 

 

A Long-Stay Tennant

 

 

A Camping Ground Operator

 

A Caravan Park Operator

 

A Local Government

 

 

A State Government Agency

 

 

An Organisation

 

Other

 

If Other, please state:  I

If you are representing a local government,  organisation  or business, please state your job title:

 

Chief Executive Officer

 

Privacy and permissions.  Submissions  may be made public and published on the Department 's website . Would you like to:

Allow your submission to be published -without your name and *personal contact details.

 

Keep your submission  Private and Confidential- do not publish anything .

 

 

I agree to all of my submission being published, including my name, except for my

*personal contact details . (Your personal contact details will not be published.)

 

 

 

 

Your Caravan and Camping Experiences (as an individual)

 

 

A. How often do you stay at caravan parks?

 

 

B. When was the last time you stayed in a caravan park?

 

C. What region of Western Australia was the caravan park in (if known)?

 

D. How would you rate your last stay in a caravan park?

Poor         l      I Average                    Good         l      I Excellent I

E. What were the best things about the caravan park?

 

F. What could be improved at the caravan park?

 

 


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

 

 

G. How often do you stay at camping grounds?

 

 

H. When was the last time you stayed at a camping ground?

 

I. What region of Western Australia was the camping ground in (if known)?

 

J. How would you rate your last stay at a camping ground?

Poor         l       I Average   I               I Good        l       I Excellent I

 

K. What were the best things about the camping ground?

 

L. What could be improved at the camping ground?

 

 

M. How often do you stay or camp at place outside of a camping ground or caravan park?

 


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

General Comments

 

 

Use the space below for general comments about the consultation paper and/or caravan parks and camping grounds:


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Guidance Questions from the Consultation Paper

 

 

This section contains all the proposals and guidance questions from Consultation Paper 'Proposal for Caravan Parks and Camping Grounds Legislation', which can be found online  at: www .dlgc.wa.gov .au/CPCG-Consultation-Paper

 

It is recommended that you read the relevant section of the consultation paper before answering a question. Please note: it is not expected that all questions are answered . Comments on all or only part of the consultation paper are appreciated.

 

If you require more space for an answer, you can attach a separate page or pages as part of your submission.

 

 

1.  Definitions

 

 

Question 1: Are there any issues with these proposed definitions in Table 3: Proposed Definition in new legislation of this consultation paper? Please explain.

 

Licencing authority- consider "where the facility is on Crown land and is operated by a Government agency" as otherwise it will exclude facilities on Crown land such as all land that are operated by non Crown agencies, e.g. Aboriginal Corporations . These groups are currently subject to comply with the legislation.

 

 

Tent: to include equipment such as swags and hammocks. These are common in the North West.

Question 2: Are there other significant term that requires definition?   If so, what is/are the term(s) and your proposed definition(s)?

 

No.

 

Question 3: Can you identify any particular cost impacts or benefits that may result from the implementation of these proposed definitions? Please provide details

 

No.

 


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

2.  Holiday parks

 

 

Proposal 1: The principal focus of the new legislation is on holiday parks and relevant holiday accommodation.

 

Proposal 2: Caravan parks and camping grounds are referred to as holiday parks in the new legislation.

 

Proposal 3: The new legislation no longer covers long-stay residential parks which will be treated like any other residential village.

 

Proposal 4: The development of holiday parks has to comply with the Planning and Development Act 2005 and associated legislation.

 

 

Question 4: Do you support the change in terminology from 'caravan parks and camping grounds ' to 'holiday parks'?  If yes, why? If no, why?

 

Consider 2 definitions - "Holiday Park" to include mix of long stay, short stay and camping sites, catering for holiday makers and permanent long stay residents. "Residential Parks" to be solely long stay or exclude and handle through local government Town Planning processes, eg lifestyle villages and workers accommodation

 

Whilst Council supports the change in terminology from Caravan park and Camping Ground to Holiday Park, it does not support the definition of a Holiday Park that precludes residential or seasonal occupancy longer that three consecutive months in each year and other associated changes that result in viability for most holiday parks outside urban areas

Council suggests a definition be included in new legislation that allows “long stay” occupants to occupy accommodation types and sites in a Holiday Park they consider their permanent place of residence, or as seasonal workers and travellers who could be occupants longer than three consecutive months each year

 

Question 5: Should the new legislation contain a provision that before granting a licence for a holiday park , relevant provisions of planning legislation must be complied with? Please explain .

 

 

 

The Planning and Development Act and Local Planning Scheme's require that planning approval is issued prior to the use or development on any land. Therefore if an operator commenced (with or without a licence under the CP and CG Act) without planning approval they would have committed an offence. The internal local government processes should ensure that planning approval is issued and that the licence is consistent with the approval issued.

Question 6: What impacts will the distinction between long-stay residential parks and holiday parks have on users, developers and administrators?

 

Consider impact on existing facilities with a mix of short and long stay sites. These facilities should be able to be classified as Holiday Parks and not considered as long stay residential parks.

Council has current and proposed developments that have factored a proportion of permanent long stay occupancy as part of the financial model to ensure sustainability of these developments.  Whilst “long stay” occupancy in Holiday Parks seems secure under proposed legislative changes, permanent residents who consider their accommodation in a current caravan Park as a principle place of residence is not clearly defined as “allowable’ into the future

 

 

Question 7: What are the impacts if long-stay residential parks are removed from the new legislation and treated as residential developments?

 

Further consideration needs to be given on how this would be incorporated into the planning system, particularly the Model Scheme Text. If long stay residential parks are to be separated then they would require a different land use classification under the Local Planning Scheme and separate regulations/policies would be required to guide appropriate development or would the intention be that they are assessed as 'grouped dwellings' under the R-Codes? Also consideration would be required on how tenure arrangements could be achieved, if not covered under the Caravan Parks legislation, would they need to be strata titled? Would lots then have to have separate services (power, water etc).

 

Question 8: Should there be a transitional clause to exclude long-stay residential parks from the new legislation? If so, what do you suggest as a transitional clause?

 

Yes- solely long stay residential parks, eg lifestyle villages and workers accommodation.

 

 

Shift compliance from the Caravan Parks and Camping Grounds legislation to usual local government development process (compliance with the Town Planning Scheme) .

 

 

Within 5 years.

 

Question 9: Can you identify any particular cost impacts or benefits that may result from removing long-stay residential parks from the new legislation? Please provide details.

 

Remove the need for local government to complete annual inspections of these facilities that are permanently developed, not really moveable.

 

 

Remove the need for the facility to pay annual registration fees.

 

 

Developers will be subject to fees on lodgement of Planning and Building applications through local government.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

3.  The objects of the new Act

 

 

Proposal 5: The following are the proposed objects of the new CPCG Act: An Act to-

(a)  minimise the health and safety risks to the users of holiday parks;

(b)  provide for the licensing and regulation of accommodation located in holiday parks; and for other related matters.

Question 10: Are these proposed objects sufficient? Please explain.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4. Building standards

 

 

Proposal 6: Park homes are treated as buildings under the Building Act in the same way as other transportable buildings.

 

Proposal 7: Rigid annexes are treated as structures under the Building Act.

 

Question 11: What are the likely impacts if the approval process of park homes and rigid annexes fall under the Building Act?

 

This proposal is supported to ensure all structures comply with the Building Act and BCA, especially relevant for cyclone prone locations.

 

Question 12: Can you identify any particular cost impacts or benefits that may result from treating park homes as buildings and rigid annexes as structures under the Building Act? Please provide details.

 

Potential increase in building costs however, structures will then not pose a risk to safety of the residents and community during cyclones or strong weather conditions as they will be built to appropriate standards.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

5. Buildings allowed

 

 

Proposal 8: Land zoning, local government planning schemes and other planning instruments determine the type of accommodation allowed on a holiday park, with the mix of accommodation types forming part of the approved management plan.

 

Proposal 9: Any building and associated structure, apart from any manager's residence, which a long-stay occupier occupies, must be transportable.

 

 

Question 13:  Should (residential) buildings be allowed to be constructed or placed on holiday parks?  Why or why not?

 

Only short stay options including chalets, cabins etc. Not permanent residential dwellings.

 

 

Question 14: Do you support all forms of accommodation occupied by long-stay tenants being transportable? Why?

 

No, park home type structures do not need to be transportable when constructed in accordance with Building Act requirements and built to appropriate cyclone ratings. Buildings such as cabins and chalets will more than likely be constructed in lieu of park homes .

Council does not agree that all types of accommodation occupied by long term occupants should be transportable buildings and associated structures and further that to allow only short stay occupiers in chalets and cabins will negatively impact on maximum legal occupancy. Council does support placing a limit on the maximum percentage of accommodation units that could be used as long stay.

 

Question 15: Is a requirement that a transportable building or vehicle be able to be removed in 24 hours reasonable? Why or why not?

 

Council does not disagree that buildings need to be placed to allow caravans and campervans to leave the park in case of an emergency, however it considers 24 hours is unrealistic to remove transportable buildings and it would be more appropriate to ensure these structures are in accordance with the Building Act 2011 and hence as safe as any other structures

Question 16: What non-residential buildings should be allowed to be constructed- or required -on a holiday park and for what purposes?

 

Cabins, chalets etc; maintenance sheds, campers kitchens etc.

 

Question 17: Can you identify any particular cost impacts or benefits from requiring all buildings and associated structures to be transportable (apart from any manager's residence)?  Please provide details.

 


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

6.  Licensing regime

 

 

6.1  Licence categories

 

Proposal 10: The licensing categories are simplified to three categories: holiday park licence, transit park licence and nature-based park licence.

 

Proposal11: The licensing authority approves the ratio of long and short stay sites in a holiday park when approving the management plan for the holiday park.

 

 

Question 18: Should there be separate licence category for nature-based parks? Please provide reasons.

 

Yes, to cater for remote basic campgrounds in natural settings. These facilities provide basic amenity to support human health and protect the environment, however are not required to be built to the standard of a fully fledged caravan park. This enables visitors to access remote natural locations and camp in controlled settings and removes a lot of

..

Question 19: Under what circumstances should a nature-based park licence be issued?

 

In remote areas. Maintain the 3 month limit to stays as basic facilities do not support longer stayers without potentially impacting human health.

 

Question 20: Should there be a separate licence category for transit parks? Please provide reasons.

 

Yes, basic facilities to be provided however users would be expected to be largely self sufficient.

Question 21: Under what circumstances should a transit park licence be issued?

 

Limit stay duration to 3 nights as proposed limited facilities to be provided do not sustain appropriate hygiene practices to protect human health.

Question 22: In your opinion, is it reasonable that different parts of a holiday park which cater to different market segments have different levels of facilities and different conditions attached to them? Please explain.

 

Yes, tourist markets have evolved. However, whilst the intent of this is recognised, requirements need to be clear to ease burden of regulation and ensure users are allocated sites with facilities that reflect their equipment and needs.

Council supports a mix of licence categories within the same property that allows for maximum potential occupancy of current and future caravan parks through servicing different market segments.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

6.2  Management Plan Model

 

Proposal 12: The use of a management plan forms a model for licensing holiday parks.

 

Proposal 13: The new legislation provides minimum health and safety standards according to the types of facilities proposed in the management plan.

 

Question 23 : How can the current licensing regime be improved?

 

Current licensing regime is simple and effective. Licences can be conditioned for compliance with Management Plans.

Council supports the use of a management plan to form the model for licensing Holiday Parks

Question 24: How can the planning approval and licensing approval process be streamlined?  Please provide details .

 

This is an internal processing issue for local government. Planning should be referring application through to Environmental Health for comment to make sure that approvals issued under planning would be consistent with future licensing conditions/requirements . If the intent of the Regulations is to allow for management plans would suggest that a model management plan is prepared and minimum standards are established. Standards should be developed for the different forms of accommodation types (ie camping, caravans, RV's etc)

Question 25: How can the requirements of the planning approval are more aligned with the requirements of the licence approval?

 

If the 'management plan' is assessed at the planning stage, in consultation with Environmental Health that would assist to stream line the process.

Question 26: What are the issues involved if the management plan model is used for the application for, and the basis of, a licence?

 

Reduced consistency of approval by local government Planning and Environmental Health officers. This would need guidelines for approving management plans with minimum standards. Enforcement powers needed to require compliance with the approved management plan.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

 

 

Question 27:  Will the use of a management plan that is tailored to the market segment to be served by the holiday park result in a better outcome for users of that park? Please explain.

 

Yes and no. More flexibility for operators, however those with poor compliance may place users in inappropriate areas to the detriment of the health and safety of the user. This would create more regulatory concerns for enforcement agencies and difficulties with enforcement.

 

Question 28: Can you identify any particular cost impacts or benefits with the minimum health and safety standards being determined by the type of facilities in the proposed management plan? Please provide details.

 

 

Question 29: Can you identify any particular cost impacts or benefits resulting from a licensing regime based on a management plan model?

 

 

6.3  Duration of licence

 

Proposal14: The licence period is extended to five years.

 

Proposal 15: Application is to be made for renewal of licence at least three months prior to the expiry of the licence. The licensing authority has three months to process the application and if no decision is made within the timeframe, there is a presumption that the licence has been renewed unless there is a breach of legislation or licence

conditions within the current licence period.

 

Proposal 16: The licensing authority is to carry out an initial inspection within twelve months of:

 

(a)  the licence first being issued; or

(b)  any change in operator; or

(c)  any significant redevelopment of the facility .

(a)       


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Proposal 17: The timing of further general inspections will be determined by the results of previous inspections , with the frequency of no more than once a year and no less than once every three years.

 

Proposal 18: Additional inspections will be allowed in the following circumstances:

 

(a)  where a complaint has been received or the licensing authority has reason to believe that the conditions of the licence are not being met; or

(b)  to determine that the breach of legislation or licence conditions has been rectified.

 

Proposal19: The licensing authority charges the operator of a facility an inspection fee ,

with the maximum fee prescribed in the new regulations.

 

 

Question 30: Is a five year licence reasonable?  If not, how long should it be issued for? Why?

 

Council supports a three year licence period with annual inspections. As an owner of a facility being operated by the private sector, it would be in Council’s interest to have a balance between a longer licence period and inspections often enough to ensure Council’s facility is being managed well and lawfully.

 

Question 31:  Should there be a presumption of the extension of a licence if the licensing authority does not process the application within three months?  Why or why not?

 

Yes, otherwise a park could be in breach of its insurance covenants through no fault of

its own. The timeframe is to consider 3 months from SUBMISSION OF APPLICATION AND PAYMENT OF FEES. This is to accommodate delayed submission and fee payment by operators. The time frame to start on receiving of all requested information.

Question 32: If the licence period is extended to 5 years, assuming fees are calculated based on the types of sites, should licence fees be collected at the beginning of the licence period or annually? Please justify .

 

Annually, at the start of each year. Annual licence and annual fees enables easier methods for altering the licence.

 

Question 33: Can you identify any particular cost impacts or benefits with allowing the licence period to be extended to five years? Please provide details.

 

No, if process remains where an annual fee is collected and annual inspection completed.

 

 

Question 34: Is the proposed inspection regime outlined above reasonable and practicable?  Why or why not?

 

No, if anything, 2 inspections per year is more appropriate to seasonal influences/trends. An inspection frequency greater than 1 year is not supported.

Question 35: Do you have any alternative suggestions on how licence and inspection fees can be charged? Please provide details.

 

Cost per site or consider ability for the local government to set its own fees to enable inclusion of travel cost to access remote sites. This is especially important for areas such as the North West were large distances need to be travelled.

Question 36: Should there be a maximum length of time between inspections if the facilities have no compliance issues?

 

1 year.

Question 37: Can you identify any particular cost impacts or benefits with extending the time period between inspections based on previous inspection results? Please provide details.

 

No. More risk to the health and safety of users from non compliant facilities by extending the inspection frequency.

 


 

6.4  Renewal of licence

 

Proposal 20: A new management plan is not required for application to renew a licence .

 

Proposal 21: A new licence will be required on the basis of an approved revised management plan if the facility is redeveloped or expanded or if there are significant changes to the proposed type of use.

 

 

 

 

 

 

Question 38: When should a new or revised management plan need to be lodged with the licensing authority?  Please explain.

 

Management Plans to be reviewed by operators prior to submitting the annual renewal. Any proposed changes to the management plan should need approval from the local government and shouldn't be implemented until approved.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Question 39: Can you identify any particular cost impacts or benefits with requiring a revised management plan if:

 

(1)  the facility is redeveloped or expanded; or

 

(2)  there are significant changes to the proposed type of use? Please provide details.

 

 

Yes, benefit being facility redevelopment or expansion will be assessed for compliance with legislation and therefore safer for users. If there are ongoing compliance concerns, these can then be incorporated into management plans.

 

 

 

 

 

 

 

 

 

 

7.  Licensing authority as operators

 

 

Independent licensing authority

 

 

Question 40: Are there any other advantages and disadvantages  in having an independent  licensing authority?

 

Anticipate much higher costs to operators (therefore passed onto users). Less functions to be carried out and less burden to local governments!!

 

Question 41: Do you support the model of having an independent licensing authority separate to the local government? Please provide your reasons.

 

This function is provided quite well by local government and to a much lesser fee than that will be charged by a private certifier, especially considering travel costs to reach facilities in locations such as the North West.

Council has the confidence in internal processes to ensure impartiality and rigour applied to compliance matters associated with Council owned facilities to remove the perception of any perceived conflict of interest and therefore does not support the model of an independent regulatory body due to potential increased costs to the industry resulting in higher costs to users of Holiday Parks coupled with the negative impact of backlogs and delays in approvals.

 

Question 42:   If you are a caravan park or camping ground operator, will the benefits of this model outweigh the costs?  Please explain.

 

N/A


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

8.  Application of the Act to public sector body

 

 

Proposal 22: All caravan parks and camping grounds in WA are subject to the same health and safety standards regardless of whether they are owned, operated or leased by a public sector body.

 

Proposal 23: The licensing and enforcement process for caravan parks and camping grounds operated by State agencies remain with the State where there is compliance with the new legislation .

 

Question 43: What are the consequences  if caravan parks and camping grounds operated by a public sector body are bound by the new legislation? Please provide specific examples .

 

Provides consistency of standards across the state. No confusion between standards for travellers.

Ensures basic infrastructure is implemented at State facilities that supports principal 1 - managing health risks. ie hand basins at toilets to enable hand washing - these aren't provided at all national parks camping grounds and is a basic health requirement.

Question 44: If the legislation binds a public sector body, how should the facilities be licensed and enforced?

 

There is no objection to licencing of State facilities by the State, however it needs to be clarified who is responsible for inspection and enforcement.  If this is to be local government, local governments need to be able to implement an inspection fee for the activity as inspection can be resource intensive where facilities are located in remote locations.

Question 45:  Should there be a difference in regulation between facilities operated by a public sector body and those leased by that agency to private operators? Please

explain.

 

No. Consistency across facilities in the state is important.

 

Question 46:  Do you have any other comments on proposals 22 and 23?

 

No. Consistency across facilities in the state is important. Ensure there is clarification and consistency of inspection and enforcement roles. Enable fee for inspection where undertaken by local government.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Question 47:  Can you identify any particular cost impacts or benefits of applying the same health and safety standards to all caravan parks and camping grounds in WA , regardless of whether they are operated by a public sector body or not? Please provide details .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.  Enforcement

 

 

Proposal 24:  The enforcement provisions in the current CPCG Act are retained in the new legislation.

 

 

Question 48: Are the enforcement options in the CPCG Act sufficient to ensure compliance with the Act? Please provide reasons .

 

Yes. Don't neglect the illegal camping requirements in the new legislation, enabling enforcement for those camping in an area other than a licenced caravan park.

 

Question 49:  What are the difficulties and issues involved with the current enforcement provisions under the CPCG Act?

 

Consider inclusion of a definition of camping and what it means to camp.

 

Question 50: What are your suggestions for improving the enforcement provisions of

the CPCG Act?

 

Allow for enforcement of the 'owner or occupier of the land' as well as occupiers of the caravans.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

 

 

Question 51:  Is the Minister's direction sufficient to enforce the requirements of the CPCG Act on a local government? If not, please provide alternative suggestions.

 

Yes .

 

Question 52:  Can you identify any particular cost impacts or benefits in retaining the current enforcement provisions in the new legislation? Please provide details

 

 

 

10.   Amount of penalties

 

 

Question 53: Please provide your comments and suggestions on the quantum of penalties (allowable amount) for the offences under the CPCG Act. Please justify your reasons .

 

Illegal camping fee to increase as it isn't enough to deter illegal camping . it is also difficlut to chase payment from non WA drivers licenced law breakers.

 

 

Consider increasing other penalties to deter non compliance.

 

 

 

11.    Regulations

 

 

Proposal 25:  A regulation-making  power will be included in the new legislation .

 

 

Question 54: What do you think the minimum health and safety standards of holiday parks should be?

 

Provision of potable water, waste management plan, fire fighting equipment (including servicing), adequate ablution facilities, waste water disposal points, safe layout plan, dump points, park to be kept in a clean and sanitary condition, provision of minimum open space area.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

12.  Other provisions

 

 

 

12.1     Duties of the licence holder

 

Table 1: Review of duties of licence holders

 

 

Duties of licence holders

 

Remain in new legislation?

 

Duty 1: The licence holder must ensure that a manager or other responsible persons resides in or near the facility and is accessible at all times in case of an emergency. At a caravan park, the manager or other responsible persons must be available at the office during normal office hours.

Yes   

 

No

 

 

 

Duty 2: A register of occupiers is maintained .

 

Yes    

 

No

 

 

 

Duty 3: Copies of relevant certificates in relation to park home approvals are kept at the facility with the register of occupiers.

Yes   

 

No

 

r

 

Duty 4: Copies of the Act and any subsidiary legislation made under this Act, facility rules and any special conditions imposed on the licence are readily available for inspection by the occupiers of the facility.

 

Yes

 

No

 

 

 

Duty 5: Display the following in a prominent position at a camping ground or at the office of a caravan park:

 

•   The licence issued and any special conditions imposed on the licence

•   A plan of the facility

•   A copy of the facility rules made by the licence holder

•   The name, address and telephone number of a person to be contacted in an emergency.

 

Yes

 

No

 

 

 

 

 

Question 55: If you have indicated that one or more of the duties listed above should not be retained , please justify .

 

1. Most people have access to mobile phones. If there is an emergency, people usually call straight away as opposed to tracking down a manager. appropriate to have contact numbers displayed in accordance with 5.

3. Not necessary if park homes approved under the Building Act in accordance with

proposed model. Building Licence application will be kept in Shire records.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Question 56: Do you think there should be any additional duties? Please explain .

 

 

 

 

 

 

 

 

 

 

 

 

 

12.2    Registers

 

12.2.1  Register of occupiers (section 13)

 

Question 57: Should a holiday park operator be required to maintain a register of occupiers?  Why or why not?

 

Yes, important information for emergency services, also enables local government to determine duration of stay to comply with short stay requirements.

 

Question 58: Do you think any changes need to be made to the prescribed manner of the register of occupiers? Please provide details.

 

No.

 

12.2.2  Local government to keep register of licences (section 14)

 

 

Question 59: What details in respect of each licence should be added or removed in the new legislation and why?


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

12.3     Caravan Parks and Camping Grounds Advisory Committee

 

Proposal 26: A Caravan Parks and Camping Grounds Advisory  Committee be replaced by pro-active consultation with relevant stakeholders .

 

 

Question 60: Do you support the proposed approach to consultation?  Please provide reasons .

 

Yes, provides greater scope and gives opportunity for comment from all regions of the State.

 

Question 61a: What alternative means exist of providing advice and making recommendations?  What are the advantages and disadvantages of each of these?

 

Email circulars; surveys.

 

 

12.4     Local laws

 

 

Question 61b: Is a local law making power necessary?   If so, what matters should be dealt with in local laws? Please explain .

 

No. Requirements to be detailed in legislation.

 

 

 

 

 

 

 

 

12.5     Discretion to grant exemption

 

Proposal 27: Any exemptions under the new legislation will only be able to be granted by the Minister responsible for the legislation.

 

Question 62: Under what circumstances should an exemption from the legislation be considered?

 

Nature based parks and transit park location - Minister to consult with local government as local government is best placed to consider local environment and climate impacts on such developments.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Question 63: Can you identify any particular cost impacts or benefits by only allowing the Minister responsible for the legislation to grant exemptions? Please provide details

 

Delays to approvals .

 

 

 

 

 

 

 

 

 

 

 

12.6    Transitional provision relating to existing caravan parks and camping grounds

 

Proposal 28: No significant burden is imposed on existing facilities through the introduction of the new legislation.

 

Proposal 29: The new legislation will apply to all facilities but Ministerial exemption can be obtained for existing facilities.

 

Question 64:  When should existing caravan parks and camping grounds be required to provide a management plan under the new legislation?  Why?

 

Within 2 years of commencement of legislation. Prior to licence reissue.

 

Question 65:  What impact will there be if existing caravan parks and camping grounds are required to prepare a management plan at the time of licence renewal?

 

Resources - time and cost.

Question 66:  Is it reasonable for all existing licensed facilities to be exempted from any additional requirements in the new legislation?  Why or why not?  Which requirements?

 

Existing facilities should comply with new requirements where a redevelopment adds new/additional facilities as opposed to just renovating current facilities.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

Question 67:  Can you identify any particular cost impacts or benefits on requiring an existing facility to provide a management plan under the new legislation? Please provide details.

 

Enable local government to inspect premises against management plan as opposed to old legislation. This then makes inspection programs fair and consistent as all facilities will be inspection against a management plan and not some against old legislation.

 

 

 

 

 

 

 

 

 

 

 

 

 

12.7     Licensing of caravans

 

Proposal 30: That all caravans and campervans in holiday parks are licensed at all times.

 

 

Question 68: Do you agree that all caravans and campervans in holiday parks must be licensed at all times so they can be driven on the road when required? Why or why not?

 

No, as emergency situations are unpredictable it is more appropriate to secure caravan to tie down points and evacuate people to an emergency centre. 24 hours may not be enough time to try to 'out drive' an emergency situation, eg cyclone. Where an owner needs to move a caravan/camper van, the owners will be required to have caravan/camper van licenced prior to taking vehicle on the road in accordance with other legislation.

 

Question 69: What are the impacts, including financial costs , if caravans and campervans in holiday parks are required to be licensed at all times?

 

Financial loss to owners, many of whom are low income earners, for ongoing annual fees where they have no intension of moving caravans or driving on a road.


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

12.8    Overflow facilities

 

Proposal 31: The new legislation prescribes minimum health and safety standards for overflow areas regardless of whether they are part of a holiday park or not.

 

Proposal 32: The determination of whether there is a tourist demand for the establishment of an overflow area and how this should operate is determined at a policy level.

 

 

Question 70:  What are some of the issues with the planning, provision and management of overflow areas?  Should these be dealt with in legislation or through policy?  Why?

 

Minimum health standards can be handled through legislation and would provide consistency across the State for these facilities .

Planning, in accordance with Planning legislation and Town Planning Schemes .

Shire Policy, process and procedures for opening temporary/overflow  facilities.

Question 71:  What do you think the new definition of 'overflow areas' should be?

 

Enable use of sites within facilities as well as other locations. Temporary/overflow  should only be used when all existing, permanent, fully compliant sites are full. Limit stays in temporary/overflow  as sites won't fully meet basic standards. eg sullage disposal, distance to ablutions.

 

Question 72:  What should the minimum health and safety standards be for overflow facilities?

 

-Provision of ablutions including laundry facilities.

-Centrally located potable water point.

-Sullage as per management plan however, must not run onto ground (Health Act 1911 requirement) this will enable appropriately managed bucketing of grey water/sullage for disposal into an approved system.

-relaxed bin numbers- consider waste management plan.

-relaxed distances to ablution facilities.

-maintain existing fire fighting provisions as risk is still high.

-power to be provided in accordance with the Office of Energy requirements.

 


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

 

 

Question 73:  Should the new legislation prescribe health and safety standards for all overflow areas regardless of whether they are in a community building (such as schools hall or sports hall) or part of a holiday park?

 

Legislation should prescribe minimum health standards however Shire policy could detail where, when and how temporary/overflow caravan parks are to operation, based on local requirements.

 

Question 74:  Can you identify any particular cost impacts or benefits by prescribing minimum standards for overflow facilities in the new legislation? Please provide details

 

Consistency of basic health standards across the State.

 

 

 

12.9     Stopping on the road

 

Proposal 33: Road side rest areas are dealt with under existing road and parking legislation rather than the new holiday park legislation.

 

Proposal 34: Parking/stopping  is still allowed at road side rest areas for fatigue management for up to 24 hours.

 

Question 75:  If the regulation of parking at road side rest areas and road reserve comes solely under parking related legislation, what are the impacts on users, enforcement agencies and Main Roads WA?

 

These facilities are created by Mainroads WA and should be their responsibility to regulate. This creates a burden for local government enforcement officers, especially considering vast distances in the North West to travel to these sites. Provision for rest areas is supported and the removal of the term 'camping' in relation to these areas is also supported .


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 1

 

 

 

Question 76:  Should there be a requirement for users of road side rest areas and road reserves to stay in a vehicle if they are parking there overnight for up to 24 hours? Please explain.  How are motorcyclists and cyclists to be catered for?

 

What a traveller is sleeping in is inconsequential. The intent is to allow travellers to rest to prevent fatigue.

 

Question 77:  What are the health and safety risks involved with using road side rest areas and road reserves and how can they be resolved?

 

- rubbish: more frequent collection during busy times of the year.

use of composting toilets instead of pit toilets as pit toilets do not comply with the requirements of the Health Act 1911.

- Limited regulation due to remote locations.

Question 78:  Can you identify any particular cost impacts or benefits by dealing with road side rest areas outside the new legislation? Please provide details (Note: the use of road side rest areas for the purpose of fatigue management will remain)

 

Regulation of these areas should be the responsibility of Mainroads WA and not the local

government.

 

Thank  you  for  participating  in this  consultation  process. Your  comments  are important to us and will be considered for the development of the new caravan parks and camping grounds legislation. For enquiries email: caravan@dlgc.wa.gov .au  or telephone: (08) 6551 8700 or Freecall (country only): 1800 620 511.


 

 

Page 28 of 28- Consultation Paper Feedback Form, May 2014



Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 2

 

 

Attachment 2


 

GOVERN,.ENT  OF

 

 
WE.!flt=-RN  A111t'tRA UA


 

Department of Local Government and Communities

Department of Regional Development


 

 

ROYALT I ES

F O  REG I ONE


 

 

 

 

 

 

 

 

 

 

 

 

 
Consultation Paper Feedback Form

Proposal for Caravan Parks and Camping Grounds Legislation

 

 

This form is part of an invitation for public comment on Consultation Paper 'Proposal for Caravan Parks and Camping Grounds Legislation' which can be found on the Department of Local Government and Communities' website here:

www .dlgc.wa. gov.au/C PCG-Consultation-Paper

 

The consultation paper is an initiative of the Western Australia Caravan and Camping Action Plan, which is supported by the State Government's Royalties for Regions program to improve caravan park and camping experiences .

 

This form has been developed to assist you in preparing your submission. It contains all the proposals and guidance questions from the consultation paper. Please enter your comments in the boxes provided. It is not expected that all questions are answered.

 

Comments on all or part of the consultation paper are appreciated. Submissions

Comments, queries and submissions should be forwarded no later than

1 September  2014. Please direct all comments and submissions:

 

By email to  caravan@dlgc.wa .gov .au

noting 'Caravans and Camping Review' in the subject line.

 

By post to:      Principal Policy Officer- Caravans  and Camping  Review Department of Local Government and Communities

GPO Box R1250, Perth WA 6844

 

All responses to the consultation paper may be made publicly available on the Department's website . If you would prefer your name to remain confidential, please indicate this in your submission. If you would like the entire submission to remain confidential , please mark it "Private and Confidential".


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 2

 

 

More information

 

If you have any queries in relation to the consultation paper and this form, please contact:

 

Principal Policy Officer- Caravans and Camping  Review Email: caravan@dlqc.wa.gov.au

Telephone: (08) 6551 8700

Freecall (country only) : 1800 620 511

Fax: (08) 6552 1555

 

For a Translating and Interpreting Service (TIS) telephone  13 14 50.

 

 

About You

 

 

Title:

Mr          I Mrs       I Ms

Miss          I Other

If other , please specify :

 

Given names:

 

Kenn

 

 

 

 

Surname:

 

Donohoe

*Street or postal address:

 

PO Box 44

Broome WA 6725

*Telephone:

Home

I Mobile         I

Business

 

9191 3459

*Email address:

 

kenn.donohoe@broome.wa.gov.au

Which  best describes  you? (You can select more than one.)

A Camper

 

 

A Caravan User

 

 

A Recreational Vehicle Owner

 

 

 

A Long-Stay Tennant

 

 

A Camping Ground Operator

 

A Caravan Park Operator

 

A Local Government

 

 

A State Government Agency

 

 

An Organisation

 

Other

 

If Other, please state:  I

If you are representing a local government,  organisation  or business, please state your job title:

 

Chief Executive Officer

 

Privacy and permissions.  Submissions  may be made public and published on the Department 's website . Would you like to:

Allow your submission to be published -without your name and *personal contact details.

 

Keep your submission  Private and Confidential- do not publish anything .

 

 

I agree to all of my submission being published, including my name, except for my

*personal contact details . (Your personal contact details will not be published.)

 

 


Item 9.3.1 - PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

Attachment 2

 

 

Your Caravan and Camping Experiences (as an individual)

 

 

A. How often do you stay at caravan parks?

 

 

B. When was the last time you stayed in a caravan park?

 

C. What region of Western Australia was the caravan park in (if known)?

 

D. How would you rate your last stay in a caravan park?

Poor         l      I Average                    Good         l      I Excellent I