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."

 

CONFIRMED

MINUTES

 

 

OF 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.

 


MinutesSpecial Meeting of Council 7 October 2014                                                                                       Page 3 of 4

 

SHIRE OF BROOME

Special Meeting of Council

Tuesday 7 October 2014

INDEX – Minutes

 

1.               Official Opening.. 5

2.               Attendance and Apologies. 5

3.               Declarations Of Financial Interest / Impartiality. 6

4.               Public Question Time. 6

5.               Confirmation Of Minutes. 7

6.               Announcements By President Without Discussion.. 7

7.               Petitions. 7

8.               Matters For Which The Meeting May Be Closed.. 7

9.               Reports of Officers. 8

9.1      Our People. 9

Nil

9.2      Our Place. 11

9.2.1     FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY. 12

9.3      Our Prosperity. 26

9.3.1     PROPOSAL FOR CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION   27

9.4      Our Organisation.. 36

Nil

10.            Reports of Committee. 38

Nil

11.            Notices of Motion.. 40

12.            Business of an Urgent Nature. 40

13.            Questions By Members Of Which Due Notice Has Been Given.. 40

14.            Matters Behind Closed Doors. 40

15.            Meeting Closure. 40

 


MinutesSpecial Meeting of Council 7 October 2014                                                                                       Page 4 of 5

 

 

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

 


MinutesSpecial Meeting of Council 7 October 2014                                                                                       Page 5 of 6

 

MINUTES OF THE Special Meeting of Council OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Tuesday 7 October 2014, COMMENCING AT 4.00pm.

 

1.         Official Opening

 

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 4.02pm.

 

2.         Attendance and Apologies 

 

Attendance:               

                                      Cr J Bloom                  Deputy Shire President

                                      Cr Philip Matsumoto

                                      Cr Mena Lewis

                                      Cr M Manado

                                      Cr D Male

                                     

Apologies                   Cr G Campbell          Shire President

                                      Cr C Mitchell

                                      Cr H Tracey

                                      Cr A Poelina

 

Leave of Absence:   Nil

 

Apologies:                  Mr K Donohoe            Chief Executive Officer

                                      Mr A Schonfeldt                   Director Development Services

 

Officers:                       Mr P Martin                 Deputy Chief Executive Officer

                                      Mr S Mastrolembo     Director Corporate Services

                                      Mr M Dale                   Director Engineering Services

                                      Ms J Moloney             Council Secretary

                                      Mr S Penn                    Media and Promotions Officer

                                      Ms E Harding               Senior Customer Service Officer

                                      Ms M Sullivan              Strategic Planning Coordinator

                                      Ms M Teoh                   Manager Planning Services

                                      Ms D Summers            Acting Manager Property

 

Public Gallery:            Fiona Wotherspoon

                                      Michael Leake           Habitat Resort

                                      Hilary Wilkins                Landcorp

                                      Graham Sutherland  Broome Caravan Park

                                      Tony Proctor               BCCI

                                      Ivan Davie                  Ratepayer

                                      Adam Seiler                Shire of Broome

                                      Lesley Morris               Self as Old Broome Owner

                                      Sean Salmon              Resident

                                      Bee Long                     Resident

                                      James Adams            Resident

                                      Liz Adams

 

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Director

Item No

Item

Nature of Interest

Mr S Mastrolembo

9.2.1

FINAL ADOPTION – LOCAL PLANNING POLICY – OLD BROOME DEVELOPMENT STRATEGY

Financial – Property owner within the area subject of the Old Broome Development Strategy.

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr P Matsumoto

9.2.1

FINAL ADOPTION – LOCAL PLANNING POLICY – OLD BROOME DEVELOPMENT STRATEGY

Financial – Robinson Street, Lot 222 Owner

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

NIL

 

4.         Public Question Time

 

The following questions were submitted prior to the Special Meeting of Council on the 7 October 2014 from Lesley Morris.

 

Question 1

I know that I have not had time to fully consider the responses to the submissions and responses as they were only made available late last Friday afternoon leaving 4 days to try and consider them and wonder if Councillors feel the same.  Is it correct to assume that all or some Councillors only received full copies of the submissions and responses on Friday too?

 

Question 2

In light of the special importance Old Broome has for many of us, the number of submissions received and the small font the submission have been reproduced in, is 4 days really sufficient time for Councillors to properly consider the contents of the 81 submissions – some 115 pages (including the 4 late ones) and whether they agree or disagree with your Officers responses?

 

Question 3

I believe that there has been insufficient time allowed between the submissions and their responses being made public and this meeting for proper consideration to have been given.  Is it possible for the public or the Councillors here today to request more time so that we and your Councillors (should they feel the same way) have more time to consider the content of the submissions and that they agree with our Officers responses?

 

Answers to Question 1, 2 and 3 provided by the Deputy Shire President

In terms of the meeting and Councillors receiving their material, this was within the legislation so the timing is normal and similar to an Ordinary Meeting of Council.  There have been  a number of briefings and workshops held with Councillors on the Old Broome Development Strategy.  We have also been made aware of issues raised in the public consultation period.  Council will not be considering this item tonight as there will not be a quorum.  Councillors will consider all responses and are aware of what is in the Officer’s responses.  This item will be dealt with at the next Ordinary Meeting of Council.

 

5.         Confirmation Of Minutes

 

N/A

 

6.         Announcements By President Without Discussion

 

Nil

 

7.         Petitions

 

Nil

 

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.

 


MinutesSpecial Meeting of Council 7 October 2014                                                                                   Page 10 of 11

 

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.


MinutesSpecial Meeting of Council 7 October 2014                                                                                   Page 12 of 13

 

 

The Chairperson advised that an additional Attachment 6 Part 1 had been  circulated prior to the meeting.

With regard to Item 9.2.1 Director, S Mastrolembo declared a Financial Interest as a “property owner within the area subject of the Old Broome Development Strategy.”

With regard to Item 9.2.1 Cr P Matsumoto declared a Financial Interest as Owner, Robinson St, Lot 222 and departed the Chambers at 4.08pm.

It was noted that with Cr P Matsumoto’s departure there was a lack of a quorum.

Cr P Matsumoto returned to the Chambers at 4.09pm.

The Chairperson advised that there was no quorum to consider Item 9.2.1 and proceeded to the next item of business.

 

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

8.

Attachment 6 -  Part One

   


 

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.


MinutesSpecial Meeting of Council 7 October 2014                                                                                   Page 27 of 28

 

 

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

 

Council Resolution:

Moved: Cr J Bloom                                              Seconded: Cr D Male

That Standing Orders be suspended at 4.10pm.

CARRIED UNANIMOUSLY 5/0

 

Council Resolution:

Moved: Cr M Manado                                        Seconded: Cr P Lewis

That Standing Orders be reinstated at 4.22pm.

CARRIED UNANIMOUSLY 5/0

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Manado                                             Seconded: Cr P Matsumoto

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.

CARRIED UNANIMOUSLY 5/0

 

Attachments

1.

Attachment 1

2.

Attachment 2

   


 

9.4

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


MinutesSpecial Meeting of Council 7 October 2014                                                                                   Page 37 of 38

 

There are no reports in this section. 


 

10.

REPORTS

OF

COMMITTEES


MinutesSpecial Meeting of Council 7 October 2014                                                                                   Page 39 of 40

 

There are no reports in this section. 


MinutesSpecial Meeting of Council 7 October 2014                                                                                   Page 40 of 40

 

11.       Notices of Motion

 

Nil

 

12.       Business of an Urgent Nature  

 

Nil

 

13.       Questions By Members Of Which Due Notice Has Been Given

 

Nil

 

14.       Matters Behind Closed Doors

 

Nil

 

15.       Meeting Closure

 

There being no further business the Chairman declared the meeting closed at 4.23pm.