VISION OF COUNCIL

 

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

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

26 November 2015

 


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.

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                Page 3 of 5

 

Councillor

Cr  G Campbell

Cr J Bloom

Cr H Tracey

Cr D Male

Cr M Manado

Cr C Mitchell

Cr A Poelina

Cr M Lewis

Cr P Matsumoto

2013

21 November

 

 

 

 

 

 

LOA

 

19 December

 

 

 

 

 

 

2014

27 February

 

 

 

 

 

LOA

 

27 March – No quorum

A

 

LOA

 

LOA

 

LOA

NA

NA

 

31 March

 

LOA

 

 

 

 

 

24 April

 

 

 

 

 

 

A

 

22 May

LOA

LOA

 

 

 

LOA

LOA

 

26 June

 

 

 

 

 

 

LOA

 

24 July

 

 

 

 

 

LOA

A

 

28 August

 

 

 

 

LOA

 

 

25 September

 

 

 

A

 

 

A

 

23 October

Resigned  16/10/14

 

 

 

 

LOA

A

 

27 November

 

 

 

 

 

 

18 December

A

 

 

 

 

A

2015

26 February

 

 

LOA

 

 

 

26 March

 

 

 

 

 

 

30 April

 

 

 

 

 

 

28 May

 

LOA

A

 

 

 

25 June

 

 

A

 

 

 

30 July

 

 

LOA

 

 

 

27 August

 

 

LOA

 

 

 

24 September (adjourned)

A

A

A

LOA

LOA

A

LOA request

 

15 October

 

 

 

 

 

2015 Local Government Ordinary Election held 17 October

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Croft

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C MIthcell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

 


 

2.25.       Disqualification for failure to attend meetings

      (1)     A council may, by resolution, grant leave of absence, to a member.

      (2)     Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

   (3A)     Leave is not to be granted in respect of —

                 (a)     a meeting that has concluded; or

                 (b)     the part of a meeting before the granting of leave.

      (3)     The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.

      (4)     A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

   (5A)     If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

      (5)     The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

                 (a)     if no meeting of the council at which a quorum is present is actually held on that day; or

                 (b)     if the non‑attendance occurs —

                               (i)     while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

                              (ii)     while proceedings in connection with the disqualification of the member have been commenced and are pending; or

                           (iiia)     while the member is suspended under section 5.117(1)(a)(iv); or

                             (iii)     while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.

      (6)     A member who before the commencement of the Local Government Amendment Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

               [Section 2.25 amended by No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5.]

 

 


AgendaOrdinary Meeting of Council 26 November 2015                                                                             Page 6 of 7

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 26 November 2015

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 8

7.               Petitions. 9

8.               Matters for Which the Meeting May Be Closed.. 9

9.               Reports of Officers. 10

9.1      Our People. 11

Nil

9.2      Our Place. 13

9.2.1     COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS  14

9.2.2     FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE. 270

9.2.3     DEVELOPMENT ASSESSMENT PANEL - NOMINATION OF MEMBERS AND ALTERNATIVE MEMBERS. 300

9.2.4     Yawuru Conservation Estate - Draft Recreation Master Plan.. 304

9.2.5     PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN.. 365

9.2.6     THE CHINATOWN CHRISTMAS DECORATIONS AND STREET PARTY. 375

9.2.7     Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising.. 381

9.3      Our Prosperity. 388

9.3.1     PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION SECOND CONSULTATION.. 389

9.3.2     BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT. 503

9.3.3     Kimberley Regional Offices Redevelopment. 536

9.4      Our Organisation.. 563

9.4.1     PAYMENTS - OCTOBER 2015. 564

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015. 587

9.4.3     COUNCIL MEETING DATES 2016. 761

9.4.4     2015/2016 CHRISTMAS CLOSURE. 768

9.4.5     APPOINTMENTS TO COMMITTEES AND WORKING GROUPS. 773

9.4.6     CAPE LEVEQUE ROAD: PARTIAL ROAD CLOSURE FOR 2015/2016 WET SEASON   963

9.4.7     BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP) 969

9.4.8     Shire of Broome Directory 2017 and 2018. 970

10.            Reports of Committee. 975

10.1      MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE MEETING HELD 7 OCTOBER 2015. 976

10.2      MINUTES ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE MEETING 15 OCTOBER 2015. 1013

10.3      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 14 OCTOBER 2015. 1029

10.4      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 14 OCTOBER 2015. 1044

11.            Notices of Motion.. 1060

12.            Business of an Urgent Nature. 1060

13.            Questions by Members Of Which Due Notice Has Been Given.. 1060

14.            Matters Behind Closed Doors. 1060

9.4.7  BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP) 1060

15.            Meeting Closure. 1060

 


AgendaOrdinary Meeting of Council 26 November 2015                                                                             Page 8 of 9

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 26 November 2015 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

K R DONOHOE

Chief Executive Officer

 

20/11/2015

 


AgendaOrdinary Meeting of Council 26 November 2015                                                                          Page 9 of 10

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:        Cr P Matsumoto (as granted at OMC 15 October 2015)

 

              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

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 15 October 2015 be confirmed as a true and accurate record of that meeting.

 

 

Recommendation:

That the Minutes of the Special Meeting of Council of Council held on 19 October 2015 be confirmed as a true and accurate record of that meeting.

 

 

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Recommendation

That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified:

9.4.7      BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP)

Item 9.4.7 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

 

 

 


 

 

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.

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                         Page 13 of 14

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.


Agenda – Ordinary Meeting of Council 26 November 2015                                                                         Page 15 of 16

 

9.2.1      COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA08

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Development and Subdivision Engineer

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 November 2015

 

SUMMARY:         At the Ordinary Council Meeting on 26 March 2015 Council resolved to adopt the draft Local Planning Policy – Structure Plan and Subdivision Standards for the purpose of seeking public comment.

The draft Local Planning Policy was prepared to establish a framework for the preparation and assessment of structure plans and applications for subdivisions within the Shire of Broome. This draft Local Planning Policy was prepared in consultation with the local development industry and relevant stakeholders. The Policy outlines variations to State planning documents specific to local Broome conditions to ensure adequate direction is provided to proponents preparing structure plans for Broome. The public comment period for the draft Policy has closed and three submissions were received.

In the submission received from the Department of Planning, it advised of its intention to release a revised Liveable Neighbourhoods Guideline and also raised concern with the draft Policy and its implications with respect to the recently gazetted Planning and Development (Local Planning Schemes) Regulations 2015, specifically the ‘Deemed Provisions’. The Deemed Provisions became available for review on 25 August 2015 and have become operative on 19 October 2015. The 2015 Liveable Neighbourhoods was released for public comment in late September 2015.

Officers have now updated the draft Policy in line with the updated 2015 Liveable Neighbourhoods and ‘Deemed Provisions’.  The report recommends that the Shire of Broome make a submission to the Western Australian Planning Commission on the Liveable Neighbourhoods review.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 March 2015                         Item 9.2.2

 

Background

 

Structure Plans (previously termed Development Plans under Town Planning Scheme No 4) provide a framework for the coordinated provision and arrangement of future land use, subdivision and development in proposed new urban areas, or in existing urban areas where carefully coordinated redevelopment is necessary. Structure Plans are required to be prepared to guide the subdivision and development of land zoned ‘Development’ and do this by establishing road layouts and hierarchy, distribution of public open space, allocation of land uses and residential densities and so on.

Following the adoption of a structure plan, a subdivision application is submitted. The subdivision application is more detailed and shows specific lots, road and reserves and sets out their dimensions and sizes. Once a subdivision application is approved by the Western Australian Planning Commission (WAPC) the proponent must then undertake the civil works to implement the conditions of subdivision approval, this includes constriction of roads, drainage, landscaping, grading of lots, etc. The Institute of Public Works Engineers Australia (IPWEA) Guidelines for Subdivision Development has been adopted by the WAPC as the minimum engineering standards on which to assess civil drawings and to guide the subdivision clearance process.

 

Previously, the provisions of LPS6 established the specific requirements for the preparation, assessment and operation of Structure Plans.  As of 19 October 2015, the provisions of LPS6 with regard to the structure plan preparation and approval process no longer have effect due to the gazettal of the Planning and Development (Local Planning Schemes) Regulations 2015, which have introduced ‘Deemed Provisions’ that automatically replace certain sections of LPS6.

 

The key changes to structure plan process that resulted because of the operation of the Deemed Provisions are set out below:

 

·    Local governments will no longer perform a role as a decision making authority. The Shire will receive, assess and advertise the structure plan and then prepare a report on the merits of the structure plan to the WAPC. The WAPC then determines the structure plan.

·    Timelines have now been included for further information requests, consideration of submissions, submission of the local government report to the WAPC and the advertising period which is set as being a minimum of 14 days and a maximum of 28 days.

·    The approval of structure plans will have effect for a period of 10 years and the WAPC has the ability to revoke the approval of a structure plan in certain circumstances.

·    A structure plan no longer has the force and effect of the Scheme (under LPS6 the structure plan would apply zoning and development standards over the land). Now decision makers are to have ‘due regard’ to a structure plan and a basic amendment will be required to LPS6 to normalise the zoning proposed in a structure plan.

 

Overall, while the Deemed Provisions resulted in the above changes to the approval process of a structure plan, the purpose and role of a structure plan in terms of guiding subdivision essentially remains the same. 

 

The State has two Policies that guide preparation of structure plans being Liveable Neighbourhoods (LN) and the 2015 Structure Plan Framework, the role of each of these documents is summarised below:

 

·    Liveable Neighbourhoods is the primary policy which structure plans and subdivision for new urban areas in greenfield and large infill sites are assessed against. LN is structured into key ‘Elements’ and establishes objectives and requirements which are to be satisfied. 

·    Structure Plan Framework 2015 (the Framework) has replaced the 2012 Structure Plan Preparation Guidelines. The Framework sets the format of structure plans including minimum content requirements and defines the statutory and non-statutory elements of structure plans.

 

The draft Local Planning Policy (LPP) was prepared to establish variations or additions to the above Policies to ensure structure plans prepared for Broome were responsive to local conditions. The draft LPP was prepared based on the 2009 version of LN and the 2012 Structure Plan Preparation Guidelines, which since advertising have been reviewed by the State.

 

Given that the draft advertised LPP was prepared based on documents which have now been updated, a review was undertaken to determine whether the revised LN and Framework is adequate and whether the Local Planning Policy is required or should be updated. The Western Australian Planning Commission (WAPC) is also seeking comments on the revised LN and this report will also consider a submission on this document.

 

COMMENT

 

Structure planning is an important planning function in guiding the subdivision of new urban areas. It is important that structure plans are prepared to respond to the site and its context.  The requirements established in LN are adopted for the whole State and at times may not be appropriate to facilitate appropriate subdivision or urban development within the Broome context. The report included in the Council minutes for March 2015 provides a detailed description of the draft LPP provisions and sets out why such provisions were recommended.

 

The comments below will provide an overview of the key changes to LN and set out whether or not provisions within the draft advertised LPP are deemed appropriate and whether the Shire of Broome should make a submission to the WAPC on the updated 2015 LN. 

 

Liveable Neighbourhoods 2015

 

Liveable Neighbourhoods 2015 incorporates the following major changes when compared to the 2009 version:

 

•   The document has been restructured from eight elements to six, Element 5: Urban Water Management and Element 6: Utilities has been removed and the requirements have been integrated into the remaining elements. A holistic review of the objectives and requirements has been undertaken to improve integration and application of the document.

•   Content has been removed that is provided elsewhere or conflicts with more recent WAPC policies, including State Planning Policy 4.2: Activity Centres for Perth and Peel (WAPC, 2010), Better Urban Water Management (WAPC, 2008) and State Planning Policy 3.1 Residential Design Codes (WAPC, 2013) as well as the Planning and Development (Local Planning Schemes) Regulations 2015.

•   Liveable Neighbourhoods objectives have been rewritten and separated into objectives to be applied at higher level strategic planning and design principles to be applied generally through structure plans and subdivision.

•   Requirements have been updated to reflect current best practice, contemporary terminology and duplication has been removed.

• Inclusion of guidance on implementation, revised graphics and photos to demonstrate best practice.

•   Relevant policy content from existing WAPC policies has been included.

 

A copy of the 2015 Liveable Neighbourhoods is provided in Attachment No 1.

 

Below is a summary of changes that have occurred to the particular Elements within LN.

 

Element 1: Community Design:

 

Liveable Neighbourhoods 2015 now provides requirements for site and context analysis and these are the first objectives and requirements to be addressed within the document. This is considered to be positive change and by including these as the first requirements in LN it places emphasis on this important process when undertaking structure planning.  The Appendix ‘site and context analysis design’ has been updated and provides greater direction on matters that should be addressed in a context and site analysis. As such the section within the draft advertised LPP relating to local identity which established matters that needed to be addressed in a context and site analysis plan is recommended to be removed as LN now provides adequate guidance in this regard.

 

This element has also been updated to incorporate new sizes for parks. The park size changes are shown in the table below:

 

Park Type

Size 2009 Liveable Neighbourhoods

Size in 2015 Liveable Neighbourhoods

Small

-

Up to 4,000sqm

Local

3,000sqm

0.4 - 1ha

Neighbourhood

3,000sqm – 5,000sqm

1ha – 5ha

District

2.5ha – 7ha

5ha and above

 

The above changes have addressed the Shire of Broome’s previous concern that Liveable Neighbourhoods was resulting in the delivery of parks which were not sized appropriately to be effective for their intended use. Further, LN has been updated with regard to park distribution to the effect that residences are to be located within 300m of a park. The previous LN required that catchments between local and neighbourhood overlapped and resulted in a large number of small parks within close proximity to each other which further resulted in increased maintenance implications and an ineffective distribution of open space.  It is recommended that the Shire make a submission to the WAPC supporting these changes.

 

The changes to the park sizes coupled with changes proposed in Element 5: Public Open Space has addressed a number of the matters the Shire had incorporated into the draft advertised LPP. This is further discussed under the Public Open Space section below.

 

Element 1 now also incorporated a revision with regard to the Urban Water Management requirements, which, in the 2009 version was an Element by itself. This incorporation is seen as a positive change as it reinforces the need for water planning at the earliest stage of the planning process and resolves the issue of duplication of content with the widely applied Better Urban Water Management. As such this is also supported and recommended to be included in the Shire’s submission to the WAPC.

 

The Structure Plan Framework however gives the ability for some aspects of the structure planning process to be postponed and submitted at the subdivision stage. It is therefore recommended that the LPP clarify that in the Shire’s case, to be able to adequately determine whether the proposed urban form in a structure plan is appropriate given the extreme weather events in Broome, a LWMS must be prepared and submitted with a proposed structure plan. As such it is recommended that the previous provisions with regard to Urban Water Management remain in the LPP and is included under the Element 1 section of the Policy to reflect the updated format of LN.

 

 

Element 2: Movement Network

 

The following key changes have been made to element 2:

 

·    The content and format of LN has been amended to place greater emphasis on the design of streets for pedestrians, cyclist and public transport. This includes amended cross sections with a land use interface, housing typology, setbacks and different cycling configurations.

·    Street verge widths have increased to a minimum five metres to adequately accommodate street trees, utilities and street furniture assisting walkability, reduce adverse urban heat island effects and assists local stormwater collection and retention.

·    Street reserve widths have been updated to comply with the relevant Austroads standards including increasing the outside vehicle lane width from 3.2m to 3.3m, parking lane width from 2.1m to 2.3m and 2.5m to 2.6m to comply with Austroads Standards, as well as to reduce conflict with cyclists and motor vehicles (in particular parked cars) improving the safety and amenity of cyclist considered critical particularly where conflict between cyclists and motor vehicles is becoming more frequent.

 

In the main, the above changes are considered positive and are supported. These changes have also addressed a number of the concerns that were previously proposed to be addressed through the draft advertised LPP and therefore a number of provisions contained in the LPP in this regard can be deleted. However, it is still recommended that the LPP include the following to cater for circumstances in Broome:

 

·    LN requires that footpaths on lower level streets can be 1.5m in width and should be offset 0.3m from property boundaries. In the Shire of Broome, footpaths installed in previous subdivisions have been a minimum of 2m in width and it is recommended that this is maintained to encourage adequate pedestrian movement and improve accessibility. As such it is recommended that a provision remain in the LPP that sets out that a minimum of 2m footpath will be applicable in the Shire of Broome.

 

With, respect to the location of the footpath on the street verge, LN recommends that it is offset 0.3m from the property boundary. In the Shire of Broome different alignments have been used for footpaths in the past, depending on the locality. As verge widths will be standardised in LN and the draft LPP, a standard footpath alignment is proposed to be implemented. In the advertised version of the draft Policy it was proposed that footpaths should be offset 0.5m from the property boundary. During the consultation period it was identified by Shire Officer’s that this alignment was not preferred as it conflicts with service locations.

 

As a result, two options have been considered for the standard footpath alignment on the minimum verge of 6m, as detailed in the attached cross sections. This is set out in Attachment No 2.

 

Option 1 – Footpath Offset from Kerb

 

The advantages for offsetting the footpath from the kerb include;

 

·          Safety – as the potential for a pedestrian to fall onto the road is minimised.

·          Level surface – as the conflict with the camber of the crossover wings is eliminated, creating a consistent level for the path.

 

Some concerns with Option 1 have been raised, as the footpath alignment set back from the kerb creates a narrow strip of the verge between the back of kerb and edge of the footpath that property owners have historically been less likely to maintain. However, the minimum verge width of 6m specified in the draft LPP allows for a minimum width of 1.6m between the edge of the path and the back of kerb, which is wide enough to allow property owners to landscape this section. The Verge Maintenance Policy and Local Law are proposed to be updated to address verge maintenance issues and promote low maintenance surfaces in these areas.

 

Option 1 also requires careful consideration be given to the selection of appropriate street tree species that will not have large root systems that will impact on kerbs or road pavements. This can be addressed through the review of landscaping plans for future developments and subdivisions.

 

Option 2 – Footpath Against Kerb

 

The advantages for the footpath being located at the back of kerb include;

 

·          This could assist to reduce the impact on road pavement – as the footpath acts as an additional buffer between irrigated surfaces and the road pavement.

·          Sight lines around corners are more easily controlled – as the footpath at the back of kerb prevents trees/shrubs from obstructing sight lines.

 

Concerns with footpaths at the back of kerb have previously been raised by the Assess and Inclusion Advisory Committee. The risk of pedestrians slipping off the kerb onto the road is also a potential risk for implementing Option 2.

 

Option 2 also introduces a change in grade at every crossover location, as the crossover must grade from the verge level to the edge of the roadway within the trafficable path and this does not meet the principles within the AustRoads Standards. The constant change in grade along the footpath can create a nuisance for pedestrians, particularly for pedestrians in wheelchairs or with prams in negotiating the change in grade.

 

As the concerns with Option 1 can be addressed as detailed above, Officer’s recommend that Option 1 be adopted in the Broome Structure Plan and Subdivision Guidelines as this option provides greater benefits in terms of improving safety for pedestrians and providing more accessible footpaths. It is also recommended that this form part of the Shire’s submission on LN.

 

This was also the recommendation of the Access and Inclusion Advisory Committee on the 18 August 2015, where the following recommendation was passed:

That the Access and Inclusion Advisory Committee:

1.         Notes that the specifications for footpaths for future developments and subdivisions are dependant on a number of factors and technical considerations.

2.         Recommends to Council that Option 1 – Footpaths Offset from Kerb is adopted as part of the Broome Structure Plan and Subdivision Guidelines.

 

As such, it is recommended that the proposed footpath alignments within the draft LPP are amended. This is set out under provision 2.7 of the updated draft Policy in Attachment No 5.

 

·    The updated LN has reviewed the street verge and road reservation widths for the majority of the street types. These are represented in table 3 and 4 of LN and also in Figure 12 – 17. It is considered that the Shire should maintain that the following variations to LN are applicable through the adoption of the LPP:

 

Ø Access Street C should have a road reserve width of 18m [instead of 17.2m] and minimum street pavement width of 7.4m [instead o 7.2m];

Ø Access Street D should have a road reserve width of 18m [instead of 15.5m] and minimum street pavement width of 6m [instead of 5.5m – 6m];

Ø Any street requiring on street parking is to be a minimum width of 2.5m [LN sets out that on lower order streets on street parking can be reduced to 2.3m].

         

            The above variations are recommended for the Shire of Broome due to the predominance of larger 4WD vehicles (which therein require larger parking and street pavement), the use of street pavements to accommodate the overland flow of stormwater, the importance of street reserves to assist in the movement of breezes and influence character of new urban areas. These features are a characteristic experienced in Broome and therefore not recommended to from part of the Shire’s submission to the WAPC on LN.

 

Element 4 – Lot Design

 

The 2009 version of LN had a greater level of detail within the explanatory text with regard to lot shape and orientation to deliver climate responsive design and included figures which showed the different climatic zones in WA. The removal of this text is not supported and it is recommended that the Shire include this in the submission to the WAPC.

 

While requirement 5.4 distinguishes that lots located north of latitude 26 should be shaped and orientated differently to that in the south-west, it is considered that these requirements should be expanded on to provide a greater level of direction. A large volume of work has been undertaken in Broome and in other areas in the north-west to guide climate responsive lot orientation and it is recommended that the Shire submits to the WAPC that these key principles should be incorporated as requirements into LN. In the interim period it is recommended that these provisions are maintained in the LPP to give adequate guidance to proponents intending to undertake structure planning in the Shire of Broome.

 

The element also contains requirements for utility service provision. Requirement 7.2 establishes standard utility connections for lots including power, water and sewer. With regard to broadband connections, the requirement sets out that installation is ‘encouraged’. It is recommended that the Shire submits that LN is updated so that broadband is a required utility to be provided to each lot, this would ensure that future occupants have access to this service.

 

It is also recommended that a requirement be included in this section setting out that public spaces including POS should be designed and provided with utility connections to enable for the development of smart technologies. This as a minimum should include a broadband connection to be provided to each public space/open space area. Further, connections to urban infrastructure such as street lighting should be considered to enable local governments (and other service providers) to access technologies that improve service delivery which could include sensor controlled lighting and CCTV, implementation of smart watering programs, establishing WIFI, provide for developing drone technologies and so on.

 

Element 5: Public Open Space

 

The amendments proposed to POS are some of the more significance changes proposed to LN. As set out above, Element 1: Community Design has changed the size and distribution of parks, which is considered a positive change. Further, Element 5 proposes the following amendments:

 

·    New requirements have been developed to guide provision of POS based on the function it provides the community rather than its size.

·    The revised POS Schedule now has a ‘declaration of function’ section that describes the intended purpose of the site.

·    The three primary functions of POS ‘sport’, ‘recreation’ and ‘nature’, have been adopted from the Classification Framework for Public Open Space (Department of Sport and Recreation, 2012); and these three categories improve upon the traditional terminology of ‘passive’ and ‘active’ for describing functionality of POS.

·    Sites which provide opportunities for multiple functions are encouraged.

·    The terminology used to describe the size of POS has been aligned to the DSR Classification Framework, for consistency across agencies [(small parks (up to 4,000m2), local parks (0.4ha–1ha), neighbourhood parks (1ha – 5ha) and district parks (5ha and above)].

·    The requirements related to the distribution of POS have been simplified by removing the requirement for a minimum number of sites of a particular size and instead requiring that all residents be within 300m of a POS site (of any size) and within the catchment of sites providing nature, sport and recreation opportunities.

 

The changes to the park sizes, primary function description and distribution requirements are supported. This was one of the key elements intended to be addressed in the LPP and the previous concerns in the main have been incorporated into the reviewed LN through adjustments to the size of parks in addition to how they are distributed. As such it is recommended that a number of the provisions in the advertised version of the draft LPP that were aimed at addressing these points are deleted.

 

It is also considered that the introduction of the public open space function and size requirements is an improvement as it provides clearer guidance and will ensure that open spaces created are designed for a function of sport, nature or recreation or a combination of these functions. While this will improve overall planning, LN does not provide specific direction on what type of facilities and services are to be included in different types of POS areas. It is therefore recommended that this direction remain within the LPP. It is not considered that this level of detail should be incorporated into LN as it may vary between local government areas and different climatic regions and therefore it is not recommended that the Shire make a submission to the WAPC in this regard. 

 

With respect to the amount of land to be ceded as POS, the provision which provides for a regional variation to be adopted that allows a minimum of a 5% POS contribution instead of 10% has been maintained within the revised 2015 LN. The advertised draft LPP proposed this regional variation be adopted by the Shire of Broome and it is recommended that this be maintained in the updated LPP. When this regional variation is applied, in-lieu of the additional land area that ordinarily would have had to be ceded it is proposed that a 2% cash-in-lieu contribution is paid to the Shire, to be utilised for the improvement or development of lands for parks and recreation to ensure that residential amenity can be maintained and district level facilities are provided for.

 

While a reduction in the amount of land to be contributed as POS may appear as though the community would be underserviced with open space, this is not considered the case when applied on the ground, particularly when larger more adaptable public open spaces are being created. A practical application of how these provisions would apply retrospectively to LDP1 was set out in the previous March 2015 agenda item. Also, with regard to land area required for urban water management, the Policy and LN would ensure spaces ceded as POS usable for recreation/sport purposes as opposed to performing a stormwater purpose.

 

LN has also been updated so that urban water management measures can be incorporated into POS and can receive full POS credits where designed appropriately [previously only land above a 1 in 1 year average recurrence interval could be credited towards POS and only allowed a maximum of 2% of the total POS contribution to be used for urban water management purposes]. LN now sets out that land area and infrastructure required for urban water management can be included in POS calculation, where it is:

 

·    Integrated into the overall park design to ensure it does not compromise the POS function; and

·    Not include traditional drainage infrastructure, such as trapezoidal drains and steep-sided sumps/basins.

 

While it is noted appropriately designed stormwater systems in the southern regions can serve a dual function of urban water management and still be capable of being used for public open space, in Broome where stormwater is concentrated to large rainfall events and soils are less permeable the design of the stormwater systems to convey the stormwater result in large vegetated swales (or trapezoidal drains). The implementation of these swale systems and the landscaping does not allow for these areas to be used for a nature, sport or recreational function. It is considered that the current wording and requirements in LN are open to interpretation and could potentially have a negative impact in Broome where such large land areas are required to cater for urban water management. Furthermore, it is recommended that the Shire submits to the WAPC north of latitude 26, no credits for public open space should be given to sites used for water management.

 

As such it is recommended that clear design principles are included setting out which forms of POS that are used for urban water management measures can be credited as POS and that the Shire makes a submission to the Department in this regard.

 

However, as set out above, to ensure the effective delivery of open space in Broome, it is recommended that the Shire adopt the regional variation and therefore all and required for urban water management would be excluded from POS credits.

 

Summary

 

In summary, it is considered that the review LN has resulted in positive improvements including the removal of duplication that previously existed in the 2009 version and other policies. Further, the requirements have been reworded to provide greater clarity which should assist in the assessment of structure plans. It is recommended that the Shire of Broome make a submission to the WAPC consistent with the comments above and as summarised in Attachment No 3.

 

While it is considered that the review has improved the document, it is recommended that the Shire still proceed with the adoption of an LPP to adequately guide the preparation and assessment of structure plans in the Shire of Broome. This is recommended for the following reasons:

 

·    To give adequate direction on the level of information required to be submitted to enable officer’s to assess the merits of a structure plan;

·    To set out requirements that should be varied to addresses local characteristics experienced in Broome;

·    To provide additional direction to proponents on matters that are not provided in LN;

·    To provide greater certainty to applicants preparing structure plan which inturn would assist to reduce costs and risks; and

·    To give effect to the technical document being the addendum to the IPWEA Guidelines, the Stormwater Guidelines and the Reticulation of POS.

 

However given improvements to LN it is recommended that a number of provisions that were contained within the advertised version of the draft LPP are deleted and the LPP is reordered to reflect the updated content of LN. Attachment No 4 contains the advertised draft LPP and Attachment No 5 contains the updated LPP which reflects the changes described above. Please note, Attachment No 5 also contains some technical changes with regard to Section 3 – Broome Subdivision Standards and Section 4 – Guidelines for the Design of Stormwater Drainage Systems in response to a submission received from Prichard Francis. These technical changes are shown in tracked changes in Attachment No 5 and are summarised in the Schedule of Submissions contained in Attachment No 6.

 

The effect of the adoption of this Policy will be to create one document to guide the structure planning and subsequent subdivision of land processes within the Shire of Broome. This should aid to streamline the assessment processes for structure planning and subdivision applications that would follow. The adoption of the Policy would also ensure that proponents undertaking structure planning in the Shire of Broome are aware of matters that must be planned for to address local conditions.

 

CONSULTATION

 

Under the Shire’s Local Planning Policy 8.23 – Public Consultation – Planning Matters, ‘Local Planning Policies Development/Review’ are listed as Level D 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 2015 Ordinary Meeting.

 

The Community Engagement Plan proposed a formal consultation period of 42 days. The consultation period concluded on 29 May 2015 at 4.00 pm with all activities completed, including:

 

·    An ad notice was included in the Broome Advertiser for two consecutive weeks;

·    A notice was placed on the Shire of Broome website;

·    A letter was sent to the Department of Planning;

·    Direct mail out to all previous participants in the initial engagement workshops with an invitation to attend an information session.

 

At the conclusion of the consultation period three submissions were received as set out in the schedule of submissions in Attachment No 6.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Structure Plans

 

Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions – contained in Attachment No 7.

 

Local Planning Policy

 

Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions

 

4. Procedure for making local planning policy

 

(1)     If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a)     publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)         the subject and nature of the proposed policy; and

(ii)        the objectives of the proposed policy; and

(iii)       where the proposed policy may be inspected; and

(iv)       to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)     if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c)     give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

 

(2)     The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

 

(3)     After the expiry of the period within which submissions may be made, the local government must —

(a)     review the proposed policy in the light of any submissions made; and

(b)     resolve to —

(i)         proceed with the policy without modification; or

(ii)        proceed with the policy with modification; or

(iii)       not to proceed with the policy.

 

(4)     If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

 

(5)     A policy has effect on publication of a notice under subclause (4).

 

(6)     The local government —

(a)     must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b)     may publish a copy of each of those local planning policies on the website of the local government.

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.23 – Public Consultation – Planning Matters

 

Liveable Neighbourhoods

 

Liveable Neighbourhoods has been adopted by the WAPC to guide structure planning and subdivision of green field and large infill sites throughout Western Australia. The WAPC has set out that over time and with subsequent reviews of LN, the WAPC will supersede development control policies that also deal with structure planning and subdivision of green field sites (such as DC Policy 2.3 Public Open Space).

 

LN sets out that there are circumstances where particular requirements may be varied to accommodate the climate and/or settlement conditions of areas of the remote Western

Australia.

 

IPWEA Subdivisional Engineering Guidelines

 

The IPWEA Guidelines have been prepared by the Institute of Public Works Engineers Australia as a minimum set of standards to guide the preparation of subdivisional drawings and designs and also to guide the subdivision clearance process. These Guidelines have been adopted by the WAPC to be used as the default minimum standard.

 

FINANCIAL IMPLICATIONS

 

The subdivision of land process can have ongoing implications for the Shire as ultimately the reserves, roads and public open spaces become the Shire’s asset and responsibility for maintenance.

 

It is considered that the provisions of the Policy in relation to POS will provide adequate distribution of open space and will reduce ongoing maintenance costs. Further, the Policy

will deliver efficiencies in the land development process as less land will be required to meet the POS requirements.

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

Participation in recreational activity

 

A healthy and safe environment

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.          Endorses the submission on the 2015 review of Liveable Neighbourhoods as set out in Attachment No 3 and requests the Chief Executive Officer to forward the submission to the Western Australian Planning Commission.

2.         Pursuant to Clause 4(b)(ii) of the Deemed Provisions, adopts the Local Planning Policy – Structure Plan and Subdivision Standards with modifications, as set out in Attachment No 5; and

3.         Request the Chief Executive Office to publish notice of the Policy once in a newspaper circulating within the Scheme area.

 

 

Attachments

1.

Attachment No 1 - 2015 Liveable Neighbourhoods

2.

Attachment No 2 - Options for Footpath Locations

3.

Attachment No 3 - Draft Submission to WAPC

4.

Attachment No 4 - Advertised Version of Draft LPP

5.

Attachment No 5 - Updated Version of LPP

6.

Attachment No 6 - Schedule of Submissions

7.

Attachment No 7 - Deemed Provisions (Structure Plans)

  


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 1 - 2015 Liveable Neighbourhoods

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 2 - Options for Footpath Locations

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 3 - Draft Submission to WAPC

 

 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 4 - Advertised Version of Draft LPP

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 4 - Advertised Version of Draft LPP

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 4 - Advertised Version of Draft LPP

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 5 - Updated Version of LPP

 

 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 5 - Updated Version of LPP

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 5 - Updated Version of LPP

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 6 - Schedule of Submissions

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 7 - Deemed Provisions (Structure Plans)

 

 


 


 


 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 265 of 266

 

9.2.2      FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

LOCATION/ADDRESS:                            Lot 9007 Magabala Road, Djugun

APPLICANT:                                              Roberts Day on behalf of LandCorp

FILE:                                                           LPS6/1

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Statutory Planning Coordinator

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    24 September 2015

 

SUMMARY:         An application for the initiation of a Scheme Amendment for the rezoning of portion of Lot 9007 Magabala Road, Djugun (the Broome North Local Centre)from ‘Local Centre’ and ‘Parks and Recreation’ to ‘Residential’, ‘Local Roads’ and ‘Parks and Recreation’, was advertised for the required statutory period. No submissions were received.

It is recommended that Council adopts the Scheme Amendment without modification.

 

BACKGROUND

 

Previous Considerations

 

SCM 22 February 2010                      Item 9.3.2

OMC 26 February 2015                     Item 9.2.3

OMC 25 June 2015                            Item 9.2.5

 

Site and Surrounds

 

The Scheme Amendment was submitted to address two areas forming part of the Broome North local centre site, being Lot 9007 Magabala Road, Djugun. The location of the Broome North local centre is shown in Attachment No 1.

 

The land forming part of the scheme amendment request is currently zoned ‘Parks and Recreation’ and ‘Local Centre’ under Local Planning scheme No 6 (LPS6). The site comprises the balance of the Local Development Plan No 1 (LDP1) area and is cleared and vacant. The surrounding land is predominantly residential with development well progressed.

 

History

 

At the Special Meeting of Council on the 22 February 2010, Council adopted LDP1 (the Structure Plan) to guide the first stage of the Broome North development, commonly known as the Warannyjarri Estate. Under LDP1 the local centre site is identified as a combination of ‘Local Centre’, ‘Medium Density Residential’ and ‘Parks and Recreation Reserve’. LDP1 provides the following direction on development within the local centre:

 

The centre is intended to support a total of approximately 3,000sqm of retail floorspace, with half of this capacity taken by an anchor tenant in the form of a small 1,500sqm supermarket (half the size of a typical suburban supermarket). The Local Centre zone also provides an important focal point for a range of other commercial, community, cultural, recreational and residential land uses.

 

At the Ordinary Meeting of Council on the 26 February 2015, Council considered and adopted a Local Development Plan (previously termed Detailed Area Plan or DAP under TPS4) for the local centre site. The LDP is a more detailed statutory planning instrument prepared for discrete land areas that establishes detailed development control provisions for future development. As a part of the preparation of the LDP, LandCorp developed a Place Making Strategy to inform the detailed staging and marketing strategy of the local centre. The planning and design recommendations in the Place Making Strategy informed the provisions within the adopted LDP.

 

As part of the detailed work undertaken in the preparation of the Place Making Strategy and the Local Development Plan, it was identified that amendments were required to the zoning/reservations of the site applied under LPD1. In 2014, the applicant made a request to amend to LDP1, however, the Shire was not in a position to support an amendment to LDP1 because LPS6 was at that time a seriously entertained document, which applied zoning to the land as per designations under LDP1. Therefore any proposal to amend LDP1 would have no effect as it would have been inconsistent with the soon to be gazetted Scheme.

 

As a result, upon the gazettal of LPS6, the applicant submitted a Scheme Amendment request. Council at the Ordinary Meeting on the 25 June 2015, resolved to initiate the Scheme Amendment for the purposes of seeking public comment. The public comment period has concluded and the Scheme Amendment is now presented to Council for final consideration.

 

Proposal

 

The scheme amendment is represented visually in the rezoning maps contained in Attachment No 2. The amendment proposes the following modifications to the zoning and reservations on the eastern portion of the local centre site:

 

1.   Extension of the ‘Residential R40’ zoning in the north-eastern portion of the site over land designated as ‘Parks and Recreation Reserve’. This would allow for the creation of two future residential lots of 940sqm and 707sqm capable of accommodating up to 7 dwellings. It would reduce the ‘Local Park-Civic Park’ to a civic square of 396sqm;

2.   Incorporation of a small area in the north-eastern corner of the ‘Parks and Recreation reserve, containing constructed drainage infrastructure into the adjacent Sariago Terrace/Magabala Local Road reservations;

3.   Rezoning the edge of the south-eastern part of the ‘Local Centre’ zone to ‘Residential R40’, removing the ability for these lots to be used for commercial purposes and giving the ability to create 3 residential lots capable of accommodating 9 dwellings.

 

A full copy of the applicant’s scheme amendment report is included as Attachment No 3.

 

COMMENT

At the Ordinary Meeting of Council on 25 June 2015, Council adopted proposed Scheme Amendment No. 1 for formal advertising. No submissions were received within the advertising period for the proposed amendment.

 

The rezoning was proposed following the outcomes from the Warannyjarri Local Centre Draft Place Making Strategy, which was prepared by LandCorp to provide a strategic, integrated approach to the staging, timing, market delivery and activation of the Local Centre. While the majority of the Draft Place Making Strategy’s planning and design recommendations have been incorporated in the Broome North Local Centre Local Development Plan adopted at the Ordinary Meeting of Council on 26 February 2015, the proposed amendment facilitates a number of final changes that were contingent upon the rezoning of the land.

 

Progressing Amendment No. 1 will ensure development within the Broome North local centre is consistent with the Local Planning Framework including the Local Planning Strategy, the District Development Plan and Local Development Plan.

 

At the conclusion of the advertising period, no adverse comments were received. As such, it is recommended that Council resolves to adopt with Scheme Amendment without modification and forward it to the Western Australian Planning Commission with a request that the Hon Minister for Planning adopt the Amendment for final approval in accordance with the new Planning and Development (Local Planning Schemes) Regulations 2015.

 

CONSULTATION

 

Prior to the commencement of the formal advertising period, the Scheme Amendment document was forwarded onto the Environmental Protection Authority, no appeals or advice were received.

 

The formal advertising period for the proposed Scheme Amendment commenced on 13 August 2015, and was carried out over a period of 42 days, concluding on 23 September 2015. Advertising was carried out in accordance with the requirements of the then Town Planning Regulations 1967 (as amended) and Council’s Local Planning Policy 8.23 – Public Consultation – Planning Matters and included a public notice in the local newspaper and on the Shire of Broome website and the erection of a sign on site detailing the proposed amendment. Letters were also sent out to landowners within the vicinity of the site subject to the amendment and the scheme amendment document was put on display in the Shire of Broome’s Administration Office for public viewing.

 

The Shire of Broome has consulted with the Department of Planning regarding the possible ramifications of the gazettal of the new Planning and Development (Local Planning Schemes) Regulations 2015, given that the scheme amendment was initiated under the now repealed Town Planning Regulations 1967. The Department of Planning has advised that the gazettal of the new Regulations will not have an impact upon consideration of scheme amendments that were initiated under the repealed Regulations.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Division 3 — Process for standard amendments to local planning scheme

47.     Advertisement of standard amendment

      (1)     Subject to sections 81 and 82 of the Act, if a local government resolves under regulation 35(1) to prepare a standard amendment to a local planning scheme or to adopt a standard amendment to a local planning scheme proposed by the owner of land in the scheme area, the local government must, as soon as is reasonably practicable, prepare a notice in a form approved by the Commission giving details of —

                 (a)     the purpose of the amendment; and

                 (b)     where the amendment may be inspected; and

                 (c)     to whom and during what period submissions in respect of the amendment may be made.

      (2)     On completion of the preparation of the notice, the local government must advertise the standard amendment to a local planning scheme as follows —

                 (a)     publish the notice in a newspaper circulating in the scheme area;

                 (b)     display a copy of the notice in the offices of the local government for the period for making submissions set out in the notice;

                 (c)     give a copy of the notice to each public authority that the local government considers is likely to be affected by the amendment;

                 (d)     publish a copy of the notice and the amendment on the website of the local government;

                 (e)     advertise the scheme as directed by the Commission and in any other way the local government considers appropriate.

      (3)     The local government must ensure that the standard amendment to the local planning scheme is made available for inspection by the public during office hours at the office of the local government.

      (4)     The period for submissions set out in a notice must be not less than a period of 42 days commencing on the day on which the notice is published in a newspaper circulating in the scheme area.

48.     Land owner may be required to pay costs of publication

               The local government may require a person to pay the cost of the publication of a notice under regulation 47(2) if —

                 (a)     the notice relates to an amendment to a local planning scheme in respect of land owned by the person; and

                 (b)     the person proposed the amendment to the local planning scheme.

49.     Submissions on standard amendment

      (1)     A submission on a standard amendment to a local planning scheme must —

                 (a)     be made in writing to the relevant local government in a form approved by the Commission; and

                 (b)     state the name and address of the person making the submission; and

                 (c)     include a statement about the capacity in which the person makes the submission.

      (2)     A local government must acknowledge in writing the receipt of each submission received by it.

50.     Consideration of submissions on standard amendments

      (1)     In this regulation —

               consideration period, in relation to a standard amendment to a local planning scheme, means the period ending on the latest of the following days —

                 (a)     the day that is 60 days after the end of the submission period for the amendment;

                 (b)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48F(2)(a) of the EP Act;

                 (c)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48G(3) of the EP Act if that statement is in response to a request by the local government made under section 48G(1) of the EP Act before the later of the days set out in paragraphs (a) and (b);

                 (d)     a day approved by the Commission;

               submission period, in relation to a standard amendment to a local planning scheme, means the period for making submissions specified in the notice in respect of the amendment referred to in regulation 47(1).

      (2)     The local government —

                 (a)     must consider all submissions in relation to a standard amendment to a local planning scheme lodged with the local government within the submission period; and

                 (b)     may, at the discretion of the local government, consider submissions in relation to the amendment lodged after the end of the submission period but before the end of the consideration period.

      (3)     Before the end of the consideration period for a standard amendment to a local planning scheme, or a later date approved by the Commission, the local government must pass a resolution — 

                 (a)     to support the amendment without modification; or

                 (b)     to support the amendment with proposed modifications to address issues raised in the submissions; or

                 (c)     not to support the amendment.

      (4)     If no submissions have been received within the submission period, the resolution referred to in subregulation (3) must be passed as soon as is reasonably practicable after the end of the submission period.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

All costs for undertaking the Scheme Amendment, including advertising costs and staff time are met by the applicant.

 

RISK

 

The Scheme Amendment will not present any risk to the Shire of Broome.

 

STRATEGIC IMPLICATIONS

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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 land for residential, industrial, commercial and community use

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Pursuant to Section 75 of the Planning and Development Act 2005 amends the Shire of Broome Local Planning Scheme No 6 by adopting Amendment No 1 to the Shire of Broome Local Planning Scheme No 6 without modification to:

(a)     Rezone portion of Lot 9007 Magabala Road, Djugun from ‘Local Centre’ and ‘Parks and Recreation’ to ‘Residential’, ‘Local Roads’ and ‘Parks and Recreation’.

(b)     Amend the Scheme Map accordingly.

2.       Forward the amendment documents to the Western Australian Planning Commission with a request that the Hon Minister for Planning grant final approval to Amendment No 1 without modification.

3.       Approves the affixation of the Common Seal of the Shire of Broome to the Scheme Amendment Report and authorises the Shire President and Chief Executive Officer to engross all documentation as required.

 

 

Attachments

1.

ATTACHMENT NO 1 - LOCATION PLAN

2.

ATTACHMENT NO 2 - AMENDMENT MAP

3.

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

  


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 1 - LOCATION PLAN

 

 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 2 - AMENDMENT MAP

 

 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

 

 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

 

 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 294 of 295

 

9.2.3      DEVELOPMENT ASSESSMENT PANEL - NOMINATION OF MEMBERS AND ALTERNATIVE MEMBERS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA01

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    21 October 2015

 

SUMMARY:         Development Assessment Panels (DAP) operate according to the provisions set out in the Planning and Development Act 2005 and associated Regulations. The Department of Planning have requested that all local governments provide nominations for local government DAP members following the recent local government elections.

This report recommends Council submits its nominations to the Minister for Planning.

 

BACKGROUND

 

Previous Considerations

 

OCM 29 October 2009                     Item 9.3.1

OCM 21 February 2013                     Item 9.2.12

OCM 27 November 2014                 Item 9.4.5

SMC 29 January 2015                        Item 9.2.1

 

Development Assessment Panels (DAP) were introduced to the Western Australian planning system through the gazettal of the Planning and Development (Development Assessment Panels) Regulations 2011. DAPs are decision-making bodies and are a panel of five members, comprising of a mix of three specialist members appointed by the Minister of Planning and two local government members, who are also appointed by the Minister.

 

The Shire of Broome forms part of the Kimberley/Pilbara/Gascoyne Joint Development Assessment Panel (JDAP). The role of DAP is to consider and determine development applications that fall within the thresholds prescribed under the Planning and Development (Development Assessment Panels) Regulations 2011 as set out below:

 

·    Mandatory development application – any application for development approval that has an estimated cost of $10 million or more.

·    Optional development application – an application for development approval that has an estimated cost of $2 million and less than $10 million, in which either the local government or the applicant elects to the determined by the DAP.

 

An application for development approval that falls within the above thresholds is still submitted to the relevant local government, however the applicant must submit two development application fee’s (one which is remitted to the Department of Planning) and two application forms. The development application is then assessed by the local government officer’s in accordance with the Local Planning Scheme. Officer’s must then prepare a Responsible Authority Report which is submitted with the DAP, whom then determine the development application.

 

The Director General of the Department of Planning has written to all local governments in response to the local government elections held on the 17 October 2015 and requested nominations for local government DAP members.

 

The current membership which was appointed at the Special Council Meeting on the 29 January 2015, consists of the following:

 

·    Cr Mitchell – member

·    Cr Matsumoto – member

·    Cr Tracey – alternate member

·    Cr Male – alternate member

 

The request for nomination of new members is presented to Council to consider nominees following the recent elections.

 

COMMENT

 

The Planning and Development (Development Assessment Panels) Regulations 2011 requires that any application for development approval having a value of $10 million or more be determined by the DAP. Proponents of development applications having a value of $2 million or more, may elect to have a development application determined by the DAP. Certain developments are excluded from consideration by DAP regardless of the development value. Excluded development includes single houses and associated incidental development and grouped or multiple dwelling developments of less than 10 dwelling units.

 

Each local government is to nominate two local government members for representation on the DAP. Alternative members must also be nominated and will sit on the panel should the appointed local government member not be available on the day of a DAP meeting.

 

All nominated members who have not previously undergone training will be required to complete mandatory training before undertaking any DAP duties. The training is organised by the Department of Planning who have advised such training can be effected, should a DAP application be received, prior to the DAP meeting or if a Councillor travels to Perth the Department can schedule a training session.

 

This report recommends Council nominates two members and two alternative members to the DAP and advises the Minister accordingly.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Planning and Development (Development Assessment Panel) Regulations 2011

Part 4 — Development assessment panels

 

25.     JDAP members

 

(1)       The members of a JDAP, at any meeting of the JDAP to determine or otherwise deal with a development application or an application to amend or cancel a determination of the JDAP, are —

 

(a)       the 2 local government members included on the local government register as representatives of the relevant local government in relation to the development

            application; and

(b)       3 persons appointed to the JDAP as specialist members.

 

(2)       In subregulation (1)(a) —

 

relevant local government, in relation to a development application, means the local government of the district in which the land to which the development application relates is situated.

 

(3)       The specialist members must be appointed in writing by the Minister.

 

(4)       Regulation 37 applies to the appointment of specialist members.

 

26. JDAP local government member register

 

(1)       The Minister must cause to be established and maintained a register of local government members of JDAPs.

 

(2)       Subject to subregulation (4), the register must include the names of 2 members of the council of each local government of a district for which a JDAP is established.

 

(3)       Whenever it is necessary to include a member of a council of a local government on a local government register under subregulation (2), the Minister must —

 

(a)       in writing, request the local government to nominate a member of the council of the local government for inclusion on the register; and

(b)       unless subregulation (4) applies, include on the register the name of the person nominated.

 

(4)       If, within 40 days after the date on which the Minister makes a request under subregulation (3) or such longer period as the Minister may allow, the local government fails to nominate a person for inclusion on the local government register in accordance with the request, the Minister may include on the register as a representative of the local government a person who —

(a)       is an eligible voter of the district of the local government; and

(b)       the Minister considers has relevant knowledge or experience that will enable that person to represent the interests of the local community of that district.

 

(5)       For the purposes of subregulation (4)(a) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Nominates Cr_________ and Cr__________ as its Development Assessment Panel members for the term expiring 26 April 2017;

2.       Nominates Cr________ and Cr___________ as its Development Assessment Panel alternative members for the term expiring 26 April 2017.

 

(Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 298 of 299

 

9.2.4      Yawuru Conservation Estate - Draft Recreation Master Plan

LOCATION/ADDRESS:                            In Town Conservation Estate and Out of Town Conservation estate

APPLICANT:                                              Nil

FILE:                                                           NAT 55; NAT55.1;NAT55.2,NAT55.4,NAT55.5

AUTHOR:                                                   Coastal Park Governance Officer

CONTRIBUTOR/S:                                    Strategic Planning Coordinator

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    1 October 2015

 

SUMMARY:        

A Draft Recreation Master Plan has been developed by the Department of Parks and Wildlife for the Yawuru Conservation Estates.  This draft Plan provides broad direction for recreation activities and facilities within the Yawuru Conservation Estate, both in, and adjacent to Broome.  

The draft plan generally aligns with the Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015; and the Yawuru Birragun Conservation Park draft management plan 2015.

The Draft Recreation Master Plan is being presented to Council for endorsement of the proposed recreational nodes and activities.

 

BACKGROUND

Previous Considerations

 

 

Annual Electors Meeting

Broome Dinosaur Coast

OMC

26 February 2015

Item 9.4.8   

In Town Management Plan

SMC

12 May 2015

Item 6.4.2

OMC

21 February 2013

Item 9.2.13 

OMC

19 April 2012

Item 9.2.4

OMC

15 March 2012

Item 9.2.5

OMC

1 August 2011

Item 9.4.8

Drainage

OMC

30 April 2015

Item 9.2.4

OMC

25 September 2014

Item 9.2.3

Out of Town Management Plan

SMC

10 September 2015

Item 6.2.1

SMC

29 May 2013

Item 9.2.1

OMC

4 October 2012

Item 9.2.1

Yawuru Conservation Estate

OMC

29 October 2009

Item 9.1.1

Marine Park and Broome Port Authority Waters

OMC

09 August 2012

Item 9.2.1

 

OMC

18 July 2013

Item 9.2.1

 

OMC

17 October 2013

Item 9.2.1

BackGROUND

In total there will be four management plans developed to inform the development of the Yawuru Park Council Budgets and to inform the management principles for the following areas:

Conservation Estate Area

Voting and Tenure Responsibility 

Nagulagun (Marine Park Areas)

(Also referred to in this report as the Marine Park -  the subject of the Marine Park Management Plan)

Yawuru NBY and DPaW

Reserved as an A Class Reserve.

Minyirr Buru (Townsite Areas)

Yawuru NBY and the Shire of Broome

Draft Management Plan not yet finalised.

Cable Beach Intertidal Zone (currently within the Out of Town Areas).

Located approximately 600 metres north of the rocks.

Yawuru NBY, Shire of Broome and DPaW.

Draft Management Plan / tri-partite arrangements yet to be developed and is referenced as Area 25 Portion 1 & 2 ITZ Tri-partite Management Area (Yawuru PBC ILUA).

Birragun (Out-of-Town Areas)

(Also referred to in this report as the Conservation Park - the subject of the Conservation Park Management Plan)

Yawuru NBY and DPaW

Held by Yawuru in Fee simple and leased to State on 99 year lease.

As detailed at the Special Meeting of Council on 10 September 2015 (Item 6.2.1), the Department of Parks and Wildlife (DPaW) released the Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015 and the Yawuru Birragun Conservation Park draft management plan 2015 for public comment.

The draft Recreation Master Plan provides direction for redeveloping recreation sites across all of the Yawuru Conservation Estate (YCE). All development works will consider the broader landscape and cultural values, visitor experience and perception of the place. This plan provides for the development of sites while remaining acutely aware of the existing character of the parks and the potential impacts of easier access and additional facilities. A careful balance is required to provide an appropriate experience for a diverse range of visitors in a predominantly natural setting.

The Shire of Broome is responsible for the Town site of Broome and is the joint Vesting Authority with Yawuru RNTBC for the ILUA reserves located within the town site. It has powers and responsibilities to provide for the good governance of the district in accordance with the provisions of the Local Government Act 1995 and associated regulations and other legislation.

The Shire is also the responsible authority for the implementation and enforcement of the Broome Town Planning Scheme in accordance with the Planning and Development Act 2005, and for the management of public assets including Sporting and Recreation spaces.

Existing facilities throughout the YCE are limited and this lack of facilities combined with the increasing population and tourism pressures is now having detrimental impacts. Facilities including signage, vehicle barriers, shelters and paths are generally out dated and require maintenance.  Visitors to the Conservation Estate mirror the annual Broome population cycle with a moderate but constant level of local use throughout the year and a sharp increase in visitation through the dry season (May – October). Visitation is dependent on access, with the In-Town Estate areas receiving the highest visitation, particularly Minyirr Park and Gantheaume Point.

Integration of the draft recreation master plan into Shire of Broome recreation planning and the release of two further draft conservation estate plans (Minyirr Buru and the Cable Beach Intertidal Zone) will be required to ensure that duplication of facilities and operational activities are avoided.

The Draft Recreation Master Plan is to be utilised as the operational and planning document and will be aligned with the terrestrial draft management plans (draft Minyirr Buru/In-Town Conservation Estate Management Plan, and the proposed Intertidal Zone  Management Plan).  The progress of the draft In Town Conservation Estate Management Plan has been protracted with the engagement of a new consultant by the Yawuru Park Council to progress the draft plan occurring in mid July 2015.  An expected completion date of December 2015 is anticipated.

Recreational and environmental impacts are a significant consideration in planning and progressing the development of sustainable initiatives for the lasting growth of the community.

Previous Council resolutions inform this report, and impact on the draft Recreation Master Plan, include (but are not limited) to the following:

9.2.13 YAWURU CONSERVATION ESTATE – MANAGEMENT PLAN FOR IN-TOWN ESTATE (21 February 2013)

COUNCIL RESOLUTION:  (REPORT RECOMMENDATION)

Moved: Cr J Bloom Seconded: Cr M Manado

 

That Council:

 

1.   Notes the CCS Strategic report Broome Coastal Reserves Master Plan February 2013;

 

2.   Requires the Chief Executive Officer to have the CCS Strategic report Broome Coastal Reserves Master Plan February 2013 incorporated into a detailed Shire of Broome submission on the draft Yawuru In Town Reserves Management Plan.

 

9.4.8    ANNUAL ELECTORS MEETING HELD 11 DECEMBER 2014. 

Extract (1 & 3 only).

COUNCIL ENBLOC RESOLUTION:  (REPORT RECOMMENDATION 2):

That Council:

 

1.          Notes that the significance of the Broome Dinosaur Coast has been recognised and addressed in the local planning strategy and provisions are contained within the local planning scheme no 6 coastal reserve which aim to ensure that development within a coastal reserve does not have an adverse impact on the ecology, areas of aboriginal cultural or heritage significance or public use of the reserve.

 

3.          Requests the Yawuru Park Council to ensure dinosaur footprints are considered within the relevant management plans being prepared for the yawuru conservation park.

Shire officers have provided the above recommendations to the Yawuru Park Council for consideration and inclusion during the drafting of the Draft Recreation Management Plan.  The above two recommendations will be further considered in the drafting of the Minyirr Buru (In-Town) Conservation Estate Management Plan

9.2.1 YAWURU OUT-OF-TOWN CONSERVATION ESTATE MANAGEMENT PLAN

Special Meeting of Council 29 May 2013

REPORT RECOMMENDATION:

 

That Council advises the Yawuru Park Council it supports the draft Yawuru Out-of-Town Conservation Estate Management Plan 2013 and requests further consideration be given to the following matters:

 

1.        the provision for at least two beach-side recreation nodes south of Coconut Wells;

 

2.        Shire of Broome involvement in the delineation and review of dog and horse areas in the intertidal reserve;

 

3.        addressing public access through the Shire reserves;

 

4.        investigation of including additional intertidal land in the conservation estate;

 

5.        provision of appropriate vehicular access to Cable Beach;

 

6.        consideration of low key boat launching access.

 

 

This resolution of the SMC on 29 May 2013 has resulted in the intent for the northern inter-tidal zone which is a tri-vested management order (Shire of Broome, DPaW and Yawuru NBY) to be developed as a separate management plan.  The intent is that this draft plan will be developed by the Yawuru Park Council and will address some of the recommendations as provided by Council.  It is anticipated that a draft Plan will be available in 2016.

 

COMMENT

DPaW planning staff presented the draft Recreation Master Plan to Shire Officers at a workshop on 20 March 2015.

Shire Officers noted that the draft Recreation Master Plan will be a critical document to guide the future development of recreation facilities in the Yawuru Conservation Estate and are generally supportive of the recommendations made in the Plan.  The Draft Recreation Master Plan and associated maps are attached.

The YCE recreation assets are vitally important to the Broome community. Their effective management is crucial to meeting community needs and aspirations.  Shire Officers recommend that an Asset Management Plan be developed through a ‘whole of life’ approach, which includes preventative maintenance and asset renewal to assist in the management of the infrastructure with the YCE.  Any new structures should be constructed of durable materials and have low maintenance requirements; and landscaping should comprise of native plants with low water requirements.

Officers note that under Local Planning Scheme No. 6 the majority of the nodes proposed are located within the ‘Coastal’ Reserve, which extends seaward to the Low Water Mark. The purpose of the ‘Coastal’ Reserve in Clause 3.4.1 is:

To recognise and protect the environmental integrity, Aboriginal culture and landscape significance of the coastal foreshore and immediate hinterland.

The activities and facilities proposed at the various nodes are consistent with the purpose, aims and objectives of the ‘Coastal’ reserve.  The nodes that are not located within the ‘Coastal’ reserve include:

·   Demco Beach – ‘Local Road’ reserve  

·   Morgan’s Camp – ‘Town Centre’ zone  

·   Waterbank Homestead – ‘Culture and Natural Resource Use’ zone

Even though the above nodes are not within the ‘Coastal’ reserve, the proposed activities are considered appropriate.

Capital Works Schedule

This draft Recreation Master Plan has identified 10 recreation nodes and extensive walking trails within the Minyirr Buru (In-Town) Conservation Area and 16 recreation nodes within the Birrugun (Out of Town) Conservation Area. A long term Capital Works Program should be developed due to the large number of recreation nodes requiring funds for upgrading, and a project prioritisation assessment is required to prioritise the development of the various recreation nodes. A cost benefit analysis should also be undertaken on each recreation node to confirm the scope of development and appropriate allocation of the joint managed capital works funds.

Officers recommend that a 5 Year YCE Capital Works Program be developed using a project prioritisation assessment and a cost benefit analysis. This Program is to be budgeted accordingly.

The draft YCE Recreation Master Plan identifies improvements to the various recreation nodes located both within the In Town and Out of Town Conservation Areas.  Due to very high visitor numbers, the two recreation nodes at Gantheaume Point are a high priority for YPC Capital Works Funding.  The two recreation nodes are:-

·    Gantheaume Point Beach Access

·    Minyirr (Gantheaume Point)

Site Specific Comments

Officers have reviewed the DPaW recommendations and provided the following Officer recommendations:

 

Location

DPaW Recommendation

Officer Recommendation

IN TOWN

Simpson Beach

Minor Day Use Area

·  Consider possible inclusion of adjacent reserve to provide sufficient space for recreation facilities

·  Liaise with Broome Port Authority on site design

·  Remove parking area from pindan cliff and relocate between Port Drive and beach

·  Provide small shelters and formalised beach access

·  Rehabilitate and stabilise old parking area and dunes system

Officers support Minor Day Use Area. 

Currently car park and access track being designed.  Construction scheduled for 2015/16

 

Demco Beach

Medium Day Use Area

· Redefine parking area to increase capacity

· Review incompatible uses of area and determine management approach

· Redefine parking area to increase capacity

· Provide additional small shelters

· Interpret history of Demco meatworks and connection to broader Kimberley region

· Consider revegetation program including ‘gardgu trees’

· Provide toilet facilities

Officers support Medium Day Use Area

The proposed improvements to the parking area and surrounds are consistent with the Old Broome Development Strategy, and are supported. The area of Reserve 50978 which includes the parking area and access track is not located within the Yawuru Conservation Estate, but considers that the Shire can work together with Yawuru Park Council to improve the amenity of this area.

Burrgungun

Morgans Camp

· Consider possible inclusion of adjacent UCL, reserve and/or road reserve to provide sufficient space for Yawuru recreation facilities

· Commercial cultural activities managed by Yawuru

· Consider designated parking area

· Consider mangrove boardwalk into Dampier Creek to fishing platform lookout

· Create interpretation hub using existing buildings (Hunters House)

· Locate trailhead for walk trail to Minyirr - Gantheaume Point

· Recover artefacts including building materials and relics and undertake mapping of building footprints and previous site layout

· Remove rubbish throughout

Officers support Medium Day Use Area, fishing platform and trailhead for Minyirr Walk.

 The retention and interpretation of Morgan’s Camp is consistent with the Chinatown Development Strategy. However, this area is likely to be subject to coastal inundation over the next 100 years due to rising sea levels and any permanent infrastructure installation will need to consider this.

Reddell Beach

 

 North

Medium Day Use Area

· Remove broken or unsafe structures including old fencing

· Relocate parking area back from beach and increase capacity

· Provide small shelters and formalised beach access

· Provide toilet facilities

Officers support Medium Day Use Area - If a further ‘major day use area’ is desired along this stretch of coast, Officers recommend that it be located at this site rather than at Reddell Beach (South). This area is less likely to be subject to erosion. This site is also included within Precinct 7 – Minyirr/ Gantheaume in the Local Planning Strategy, the objective of which is to “establish Precinct 7 as tourism and recreational precinct including interpretation of the dinosaur footprints and ecotourism at the race course”.

Yilagon

Minor Day Use Area

· Relocate parking area back from pindan cliff

· Provide small shelters and formalised beach access

· Rehabilitate and stabilise old parking area and dunes system

Officers support Minor Day Use Area.

South

Major Day Use Area

· Provide small shelters and formalised beach access

· Provide toilet facilities

· Rehabilitate and stabilise old parking area and dunes system where not utilised in site design

The designation of this site as a ‘major day use area’ is not supported.

This area has historically suffered substantial erosion which may jeopardise any permanent infrastructure that is installed. Additionally the site is in close proximity to industrial development.

Officers recommended that this site is classified as a ‘minor day use area.’  

Minyirr Park

 

Base Camp

Major Day Use Area

· Investigate potential lease arrangement with Yawuru including commercial cultural activities

· Provide designated parking area between Gantheaume Point Road and Base camp.

To clarify that the land is in a jointly managed area, it is recommended that ‘Potential lease arrangement with Yawuru including commercial cultural activities’ be amended to ‘Potential lease arrangement with Yawuru Park Council including commercial cultural activities.’

Officers support Major Day Use Area.

Youth Camp

Medium Use Camping Area

· Provide additional toilet facilities as required

· Provide flexible spaces and structures to facilitate variety of activities

· Formalise Nagula Trail to beach

· Define unsealed two way track to Base Camp and Youth Camp

· Consider cultural education opportunities for tour operators

· Address both vehicular and walk trail approaches from Gubinge Road into Park

· Capture existing interpretive artwork and restore or replicate

The proposed Medium use camping areas and improvements to this area are supported.

It is recommended that ‘Potential lease arrangement with Yawuru including commercial cultural activities’ be amended to ‘Potential lease arrangement with Yawuru Park Council including commercial cultural activities.’

It is further recommended that the Yawuru Park Council enter into discussions with the Department of Education to investigate whether it may be feasible to relocate components of the Camp School to this site.

Lurujarri Trail

· Maintain trails as typically natural surface ‘Class 3’ and construct stair structures and trail surface modification where required over steep dune crossings.

· Install trail markers along length of trail

· Construct bough shed shelters at each beach terminus of Nagula Trails

· Continue slashing trails following positive community feedback

· Address visitor risk

· Provide safe trailheads for Nagula Trails at Gubinge Road entries into Park

Officers support Primary Walk Trail/ Lurujarri/Minyirr Trail - Primary Walk Trail.

This trail to Minyirr/Gantheaume is supported to provide additional recreational opportunities for Broome residents and visitors.

 

Nagula Trails

 

Officers support Primary Beach Access via Nagula Trails.

 Stairs have been constructed (July 2015).

Gantheaume Point

 

 

Major Day Use Area

· In cooperation with the Shire, determine extent of parking, interpretation and toilet facilities given current tenure boundaries

· Relocate parking area and increase capacity including overflow parking up Gantheaume Point Road

· Provide parking south west of Broome Turf Club for fishing along sandstone cliffs

· Consider location for Yawuru commercial operation

· Remove and replace existing interpretive structure and include additional  interpretation

· Remove and replace toilet facilities and increase capacity

· Consider alternatives to accessing Gantheaume Point allowing some areas to revegetate and rehabilitate

· Provide universal access path to lookout at Gantheaume Point

· Provide defined safe access to lookout in proximity to cliff edge (Class 1 or 2 wheelchair accessible)

· Provide defined route to Anastasia’s Pool and dinosaur footprints (Class 5)

· Rehabilitate and stabilise eroded areas and address drainage

· Address cliff risks through relocating access, fencing and signage and consider possible designated lookouts or viewing areas along Broome sandstone cliffs

· Undertake geotechnical assessment and DEC VRM inspection of the area

· Remove broken or unsafe structures including old fencing

· Interpret other interpretive elements including Anastasia’s Pool, lighthouse, old fireplace in parking area

Officers support Major Day Use Area and recommend Major Improvements to Area.

Officers recommend a review of Gantheaume Point road alignment (north of turf club) – to relocate the road into the existing road reserve.

 

 Beach Access

Major Day Use Area

· Formalise parking area above beach

· Provide shade shelters and toilet facilities

· Formalise beach access

· Replace management and interpretation signage

· Provide dedicated formalised horse access if required

· Potential major parking area for boat trailers and additional vehicles if required

· Provide designated crossing points from proposed RAC Wilderness Retreat

Officers support Major Day Use Area and formalised beach access for vehicles. 

Officers recommend major improvements to the area including formalised beach access for vehicles, pedestrians and horses.

Officers recommend a land area of 7500m2 (approximately) be set aside for the Fishing Club and car/trailer parking.

 

 Walk Trails

Maintain trails as typically natural surface ‘Class 3’ and construct stair structures and trail surface modification where required over steep dune crossings.

Officers support walk trail from Jetties to Gantheaume Pt

Future Dual Use Path Along Gantheaume Pt Rd – Officers Support as included in Shire Pathways Plan

The walk trail between the jetties is consistent with the Chinatown Development Strategy and Old Broome Development Strategy, and the extension of this trail to Minyirr/Gantheaume is supported to provide additional recreational opportunities for Broome residents and visitors.

· Kavite Rd (South)

· Create larger parking area back from beach and increase capacity

· Provide small shelters and formalised beach access

· Provide toilet facilities

· Rehabilitate and stabilise old parking area and dunes system where not utilised

· in site design

· Consider possible inclusion of adjacent road reserve to provide sufficient space for recreation facilities

· New access road from realigned Kavite Road

· Track multiplication due to wet season flooding on Kavite Road

Realignment of Kavite Rd from Port Drive to north of Redell Beach South node is not supported.

The realignment of the southern portion of Kavite Road, whilst in the draft Local Planning Strategy, was not included in the final Local Planning Strategy as the proposed intersection with Port Drive was not supported by Main Roads WA.

Officers recommend the notation to ‘remove or relocate’ this section of road should be removed from the Master Plan.

Kavite Rd (North)

· Track multiplication due to wet season flooding on Kavite Road.

· Beach access is dangerous and requires a scramble down pindan cliffs.

 

Officers support the closure of Kavite Road between Gantheaume Point Road and Reddell Beach North Node.

Also support realignment of Kavite road to east of turf club from Gantheaume Pt Rd to Reddell Beach North Node.

OUT OF TOWN

Wirrjinmirr (Willie Creek)

Wirrjinmirr

Medium Day Use Area

· Define parking area behind fore dune on flat ground

· Remove and rehabilitate tracks at eastern end

· Define one sustainable vehicle access to beach

· Provide multiple pedestrian access tracks from parking area to beach

· Consider shade shelters and toilet

· Consider providing low key interpretation

· Prevent vehicle access on limestone rock areas

Officers support Medium Day Use Area and vehicle access to beach.

 

Flat Rock

Minor Day Use Area

· Define parking area above north rock shelf

· Close north rock shelf to vehicles and provide designated pedestrian access track

· Maintain vehicle access to south rock shelf (interim measure)

· Upgrade track, address drainage and stabilise banks south of Flat Rock

Officers support Minor Day Use Area.

 

Gidi Gidi/

Sand Bank

Minor Day Use Area

· Define parking area back from fore dune

· Provide suitable barriers to define vehicle access

· Provide designated vehicle access track to beach

· Prevent vehicle access on limestone rock areas

Officers support Minor Day Use Area and vehicle access to beach.

Warnangarri /Limestone

Minor Day Use Area

· Define parking area back from limestone ledge

· Consider providing low key interpretation

· Provide designated access track

· Prevent vehicle access on limestone rock areas

Officers support Minor Day Use Area.  

 

 

Nimilarragan

Minor Day Use Area

· Define parking area at southern end of dam wall

· Undertake remedial works to dam wall to address erosion and trampling (horses)

· Close dam wall to vehicles and define walk trail

· Install gate access to track from Cape Leveque Road

· Access through cultural eco tours only. Site closed to general public

Officers support Minor Day Use Area.

Officers recommend keep site open to public.

Waterbank

Homestead

Major Day Use Area

· Consider need for heritage assessment and survey

· Restore and maintain structures including buildings, stockyards and other elements

· Define parking areas and access throughout Homestead precinct

· Provide adequate toilet facilities

· Provide interpretation hub within precinct including static signage

· Provide facilities for cultural tourism activities such as performance spaces and cooking facilities

· This site may be used for overnight camping associated with cultural eco tourism activities

· This site may be a Yawuru only area for cultural use

Officers support Major Day Use Area and over night camping.

 

Officers recommend to keep open to public (not a Yawuru only area).

 

General

The Shire’s Local Planning Strategy identifies Willie Creek as a ‘Major Tourism Node’ which may ultimately have the potential to accommodate up to 500 people. The creation of recreation nodes in this area will complement this designation and is supported.

Officers recommend that access to the Willie Creek Recreation Nodes is maintained.  This will require access through a Shire Gravel Reserve and access through a Yawuru Cultural Protection Prohibited Access Zone(s)

 

Coconut Well

Ngunun-

gurrukun

Major Day Use Area

· Provide 2WD access from Lawrence Road (possibly sealed)

· Provide parking area on flat, stable country

· Provide multiple shade shelters

· Provide toilet facilities

· Install interpretation signage

· Provide pedestrian access tracks to beach and walk trail to Denham Road

Officers support Major Day Use Area and beach access for vehicles

Officers support access to site to be upgraded to a sealed road standard (2WD)

Officers support interim temporary beach access via Denham Rd until Major Day Use Area constructed. Denham Rd sealed by Shire in Oct 2015.

Support walk trail to beach from Denham Rd and to Ngunungurrukun from Denham Rd.

Niyamarri

Medium Day Use Area

· Provide spur road from McGuigan Road

· Provide shade shelters and toilets

· Create defined parking area behind fore dune

· Provide beach access track and lookout

· Install interpretation signage.

Officers support this site as Medium Day Use and recommend beach vehicle access.

The inclusion of a node at this site is supported. It is recommended that consideration be given to allowing vehicle access to the beach in this location, if clear signage is posted to deter driving on the boggy beach to the north. Signage should also clearly state that vehicle access is to be setback from the base of the dunes so not to impact on turtle nesting sites. The removal of tracks to the north of this site is supported.

Niyamarri

(alternative sites)

 

Access to site looks reasonable as along southern side of rural block with existing track to beach.  Also suitable for vehicles to use to access beach.

Officers support this site as Medium Day Use and recommend vehicle access to beach.

General:  Council has resolved to have 2 recreation nodes south of Coconut Wells. Vehicle access to the beach on the southern side of Coconut Wells (either Niyamarri North or Niyamarri South) shall be provided.  The draft Birrugun (Out of Town) Management Plan advises that investigation will be required to determine best location for recreation site.

Crab Creek

Man-galagun Road Entry

· Create designated information bay parallel with Man-galagun Road

· Install shelter with orientation, management and interpretation signage

· Manage access west into Kunin and east to Gubanyunya

Officers support this site as an Information Bay.

Buga Wamba

Medium Day Use Area

· Spur road from new Man-galagun Road alignment

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide shade shelters and toilet

Officers support this site as Medium Day Use Area.

NOTE: This site is not included in Birrugun (Out of Town) Management Plan.

Kadji Rock

Medium Day Use Area

· Spur road from new Man-galagun Road alignment

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide shade shelters and toilet

Officers support this site as Medium Day Use Area.

 

Black Rock

Medium Day Use Area

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide lookout area

· Spur road from new Man-galagun Road alignment

· Provide interpretation signage

Officers support this site as Medium Day Use Area.

 

Fall Point

Major Day Use Area

· Spur road from new Crab Creek Road alignment

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide boat launching facility if practicable

· Provide shade shelters, toilet and interpretive signage

· Consider relocating Broome Bird Observatory lookout deck

Officers support this site as Major Day Use Area and for boat launching/vehicle beach access.

 

Sabu Rock/ Blackberry Tree

Minor Day Use Area

· Define parking area back from pindan cliff

· Provide defined access track from parking area to beach

Officers support this site as Minor Day Use Area.

 

Bandurr Bandurr

Medium Day Use Area

· Define parking area and terminus to Man-galagun Road

· Provide defined pedestrian access tracks to Little Crab Creek

· Provide interpretation and trailhead to Northern Shore Walk Trail

· Provide shade shelters and toilet

· Close Little Crab Creek to boat launching

Officers support this site as Medium Day Use Area.

NOTE: This site is not included in Birrugun (Out of Town) Management Plan.

 

 

 

Man-galagun/

Mirda

Medium Day Use Area

· Define parking area and terminus to Man-galagun Road

· Provide defined pedestrian access tracks to Little Crab Creek

· Provide interpretation and trailhead to Northern Shore Walk Trail

· Provide shade shelters and toilet

· Close Little Crab Creek to boat launching

Officers support this site as Medium Day Use Area.

 

 

 

General:  Shire Officers support the Man-galagun Road realignment away from the pindan cliffs and the northern shore walking trail.

 

CONSULTATION

 

Yawuru Registered Native Title Body Corporate

Department of Parks and Wildlife WA

STATUTORY ENVIRONMENT

Shire of Broome Local Planning Scheme No. 6

3.4 Coastal Reserve.  3.4.1 Purpose:

To recognise and protect the environmental integrity, Aboriginal culture and landscape significance of the coastal foreshore and immediate hinterland. Notwithstanding anything in the Scheme or on the maps, the Coastal Reserve extends seaward to the Low Water Mark and includes the offshore islands.

Conservation and Land Management Act 1984 (WA) (Conservation Commission)

Division 3 — Marine reserves:

13A. Marine nature reserves, purpose of and prohibited acts in

(1)     The reservation of a marine nature reserve shall be for —

                 (a) the conservation and restoration of the natural environment; and

                 (b) the protection, care and study of indigenous flora and fauna; and

                 (c) the preservation of any feature of archaeological, historic or scientific

                        interest.

13B. Marine parks, purpose of and prohibited acts in

(1)     The reservation of a marine park shall be for the purpose of allowing only that level of recreational and commercial activity which is consistent with the proper conservation and restoration of the natural environment, the protection of indigenous flora and fauna and the preservation of any feature of archaeological, historic or scientific interest.

(2)     As soon as practicable after the reservation of a marine park the Minister shall classify the park under section 62, or divide the park into areas and classify each area under section 62, as —

                 (a) a general use area; or

                 (b) a sanctuary area; or

                 (c) a recreation area; or

                 (d) a special purpose area,

          in accordance with a proposal for the classification publicly notified in  accordance with section 14, modified as the Minister thinks fit to give effect to submissions made under section 14.

Local Government Act 1995

Land Administration Act 1997 - Section 49

“49: Management plan for managed reserve

(1)         A management body may submit to the Minister for his or her approval a plan for the development, management and use of the Crown land in its managed reserve for the purpose of that managed reserve.

(2)         The Minister may request a management body or proposed management body to submit to the Minister in an approved form, within such period as is specified in that request, for his or her approval a plan for the development, management and use of the Crown land in the managed reserve of the management body for the purpose of that managed reserve.

(3)         A management body must, before submitting a plan to the Minister under subsection (1) or in response to a request under subsection (2) —

(a)        consider any conservation, environmental or heritage issues relevant to the development, management or use of the Crown land in its managed reserve for the purpose of that managed reserve; and

(b)        incorporate in the plan a statement that it has considered those issues in drawing up the plan.

(4)         If a management body submits a plan to the Minister under subsection (1) or in response to a request under subsection (2) and the Minister approves that plan and notifies the management body of that fact, the management body may develop, manage and use the Crown land concerned —

(a)        in accordance with the plan; or

(b)        if the Minister approves a variation of the plan, in accordance with the plan as varied.”

Conservation and Land Management Act 1984 (WA) (Conservation Commission)

CALM Act (Executive Body)

Assistance Agreement (AA) - Section 33(1) (f) CALM Act 1984 (WA)

“33 .  CEO, functions of

(1)         The functions of the CEO are, subject to the direction and control of the Minister — (f) to provide advice to, or undertake work for or jointly with, and to supply services or facilities to, any department, public or private body or other person, whether in the State or elsewhere if the Minister is of the opinion that the provision of that advice or the undertaking of that work is in the public interest; “

Marine Parks and Reserves Authority (Section 26A of the CALM Act - Marine Authority)

Dog Act 1976

Cat Act 2011

Control of Vehicles (Off-road Areas) Act 1978

Local Government Grants Act 1978

Dog Regulations 1976

Cat Regulations 2012

Control of Vehicles (Off-road Areas) Regulations 1979

ASSOCIATED DOCUMENTS

·    Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015;

·    Yawuru Birragun Conservation Park draft management plan 2015;

·    Yawuru Prescribed Body Corporate Indigenous Land Use Agreement – Broome (Yawuru PBC ILUA); and

·    The Yawuru Area Agreement Indigenous Land Use Agreement – Broome (Yawuru AA  ILUA)

Joint Management Agreement (JMA)

Assistance Agreement (AA)

POLICY IMPLICATIONS

SoB Yawuru Park Council Policy 1.5.1[OMC 29 November 2012 Item 9.4.4].

·    There is no delegation to the Yawuru Park Council representatives.

FINANCIAL IMPLICATIONS

Funding for the preparation of the draft Recreation Master Plan and proposed capital works is sourced from the Yawuru Trust Account.  There are no Shire budget allocations to progress the draft Recreation Master Plan and YCE capital works projects.

DPaW has proposed the following site specific capital works projects in the draft 2015/16 YCE Budget. It should be noted that the YPC has yet to adopt the draft 2015/16 YCE Budget.

In Town – approximately $ 450,561

Tenure

Description

Cost

In Town

Site Improvement - Simpson Beach 

200,000

In Town

Park Track / Trail Maintenance - Minyirr Trail 'Jack Matting' etc

12,125

In Town

Management Signage - standard management signage across parks

9,256

In Town

Capital Works - Minyirr Park Stairs (carry over from 14/15)

229,180

 

Out of Town - approximately $ 971,376

Tenure

Description

Cost

Out of Town

Vehicle Access - Man-galagun Track maintenance / repairs

13,500

Out of Town

Site Improvement - Gurlbanwila (Dog Rocks)

971,376

Out of Town

Management Signage - standard management signage across parks

9,254

 

If the draft 2015/16 YCE budget is approved by YPC, the capital works projects as noted above will require the development of project plans. Further to this, the financial impact in regard to ongoing operations, maintenance and renewal expenditure has yet to be quantified or responsibilities determined.

 

RISK

 

The draft Recreation Master Plan is a critical document to guide the future development of recreation facilities in the Yawuru Conservation Estate.  If the draft Plan is not endorsed by Council, it is ‘Almost Certain’ that there will be a ‘Moderate’ consequence to the Shire’s reputation, resulting in a ‘High’ risk to the Shire.  This risk to the Shire can be reduced to ‘Low’, if the draft Recreation Master Plan with the recommended amendments is endorsed by Council.

 

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

Participation in recreational activity

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

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

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

Sustainable and integrated strategic and operational plans

Responsible resource allocation

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.         Acknowledges the significant effort by the parties (Department of Parks and Wildlife, Yawuru and the Shire of Broome) to prepare the Yawuru Conservation Estate Draft Recreation Master Plan and endorses the document in principle subject to Points 2 and 3 below;

 

2.         Requests the Chief Executive Officer to negotiate with Yawuru and the Department of Parks and Wildlife the following amendments to the Draft Recreation Master  Plan:

 

a.    Gantheaume Point Beach Access Site shall include formalised beach

       access for vehicles, pedestrians and horses;

b.    Kavite Rd Realignment (south) is not supported and should be removed;

c.    Two recreation nodes with at least one vehicle access point to the beach shall be provided at Niyamarri (south of Coconut Well);

d.    Access to the Willie Creek Recreation Sites shall be allowed through the Yawuru Cultural Protection Prohibited Access Zone as shown in the Draft Yawuru Birragun Conservation Park draft management plan 2015;

e.    Confirmation that the Buga Wamba and Bandurr Bandurr Sites are not included in the Yawuru Birragun Conservation Park draft management plan 2015 and should be removed;

f.     The Nimilarragan Site is to be kept open to the public;

g.    The Waterbank Homestead Site is to be kept open to the public;

h.    The Redell Beach (south) site is a ‘minor day use’ area;

i.      For Base Camp and Youth Camp, ‘Potential lease arrangement with Yawuru including commercial cultural activities’ should be replaced with ‘Potential lease arrangements with Yawuru Park Council including commercial cultural activities’; 

j.      Set aside an area of 7500 sq.m at Gantheaume Point Beach Access Site for the Fishing Club and Car/Trailer Parking;

k.    Enter into discussions with Department of Education regarding the possible relocation of the Camp School to Youth Camp;

l.     Undertake a review of the location of the section of Gantheaume Point Road to the northwest of the Turf Club, as the road is currently not located within the road reserve.

 

3.         Requests the Yawuru Park Council to facilitate the orderly and well managed implementation of the Draft Recreation Master Plan through the development of:-

 

a.    An Asset Management Plan for the Yawuru Conservation Estate through a ‘whole of life’ approach;

b.    A 5 year Yawuru Conservation Estate Capital Works Program using a project prioritisation assessment and a cost benefit analysis, and that this Program be budgeted accordingly;

 

4.         Authorises its delegates to inform the Yawuru Park Council of this resolution.

 

Attachments

1.

Draft Recreation Master Plan

2.

Draft Recreation Master Plan Maps

  


Item 9.2.4 - Yawuru Conservation Estate - Draft Recreation Master Plan

Draft Recreation Master Plan

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.4 - Yawuru Conservation Estate - Draft Recreation Master Plan

Draft Recreation Master Plan Maps

 

 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 358 of 359

 

9.2.5      PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN

LOCATION/ADDRESS:                            Lots 360, 365, 504, 514, 521, 522, 526, 527, 2605, 2606, and 3129 Fairway Drive, Bilingurr; Lot 301 Magabala Road, Bilingurr; Lot 502 Gubinge Road, Cable Beach; Lot 3143 Dickson Drive, Broome; Lot 3144 Dora Street, Broome; Pt. Lot 3128 Coucal Street, Cable Beach; Lot 9051 Jigal Drive, Djugun; and Lot 9053 Lorikeet Drive, Djugun

APPLICANT:                                              Nil

FILE:                                                           PLA92, LPS6/2

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 November 2015

 

SUMMARY:         Under State Planning Policy 3.6 – Development Contributions for Infrastructure a local government can seek monetary contributions from land developers for community and standard infrastructure items that are required to support the orderly development of an area. Contributions are applied to a designated Development Contributions Area (DCA) which is incorporated into the local planning scheme. The methodology for apportioning contributions and the items to which they will relate are set out in a supporting Development Contribution Plan. The Planning and Development (Local Planning Schemes) Regulations 2015 allow for local government to resolve to prepare a scheme amendment and then complete the formal amendment documentation for further consideration by Council.   

This report recommends that Council resolve to prepare an Amendment to Local Planning Scheme No. 6 to allow for the establishment of a Development Contributions Area in the Broome townsite and for the preparation of a supporting Development Contributions Plan.

 

BACKGROUND

 

Previous Considerations

 

OMC 28 October 2010                     Item 9.3.14

OMC 30 July 2015                              Item 9.2.1

 

The concept of development contributions for new residential subdivision in Broome has been considered for several years, since the inception of the Broome North residential estate.

 

Council in its Corporate Business Plan 2015-19 formalised its intention to prepare development contribution plans through the following Outcome, Strategy, and Action.

 

Outcome No.

Outcome

Strategy No.

Strategy

Action No.

Action

2.1

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

2.1.2

Develop and implement precinct based Development Strategies

2.1.2.5

Develop a community and hard infrastructure development plan. 

 

A resolution of Council to prepare a formal Scheme Amendment is the first step to achieve this action.

 

COMMENT

 

Basis for Development Contributions

In Western Australia, development contributions for hard infrastructure such as roads, footpaths and utilities have long been accepted as an essential part of the planning system. More recently, changes to State Planning Policy 3.6 – Development Contributions for Infrastructure (SPP3.6) created a framework for the collection of development contributions for the provision of community infrastructure. ‘Community Infrastructure’ includes items such as sporting and recreational facilities, community centres, child care and after school centres, libraries and cultural facilities.

 

SPP3.6 recognises that local governments face increasing pressures on the services they provide. These pressures arise from population and economic growth, increasing expectations of the community for new and upgraded infrastructure, and limited financial resources. 

 

The pressure to provide services to the community is evident within the Shire of Broome.  In a community survey undertaken as part of the Broome 2040 project, ‘Upgrading Infrastructure and Services’ was identified by respondents as the biggest challenge for the Shire over the next 20-40 years. 

 

To help address this issue, SPP3.6 sets out the principles and considerations that apply to development contributions for the provision of infrastructure in new and established urban areas. The key principle is that the beneficiary pays. Key provisions of SPP3.6 have been incorporated into the Shire’s Local Planning Scheme No. 6 (LPS6) and provide a statutory framework for adopting Development Contribution Plans (DCPs) as amendments to the Scheme. 

 

Scheme Amendment Process

 

The gazettal of the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the Regulations’) amended the process by which local government can prepare or adopt Scheme Amendments. The Regulations establish three tracks of amendments – basic, standard and complex – and prescribe processes for the local government and WAPC to progress amendments of each type.  

 

Under  Regulation 35, a local government can resolve to prepare a Scheme Amendment. For complex amendments, a second resolution is then required once formal amendment documentation has been prepared, to proceed to advertise the amendment. Only at this stage will the amendment be referred to the WAPC for consent to advertise. 

 

The definition of a ‘complex’ amendment includes ‘an amendment to identify or amend a development contribution area or to prepare or amend a development contribution plan,’ therefore the above process must be followed in this case.

  

The purpose of this report is therefore to get Council to resolve to prepare a Scheme Amendment to introduce a Development Contribution Area into Local Planning Scheme No. 6 as per the attached map.

 

The introduction of a development contribution plan will provide certainty to both Council and developers about which areas will be required to pay contributions, which infrastructure items will be funded, and what methodology will be used to calculate contributions in a fair and equitable manner.

 

Population Growth in Broome

 

The Shire has experienced consistent growth in its permanent resident population, and it is anticipated that this will continue. Broome has been identified as a ‘Regional City’ in the State Planning Strategy and Kimberley Regional Planning and Infrastructure Framework (KRPIF), and aspirational population projections from the KRPIF and Kimberley Development Commission’s Regional Economic Blueprint encourage up to a 5% average annual growth rate (AAGR) over the next 21 years.

 

To support the preparation of the Local Planning Strategy (LPS) the Shire of Broome prepared a Community Profile which considered four growth scenarios. Whilst more conservative than the aspirational projections of the KRPIF, these ranged from an AAGR of 2.1% per annum to 3% in the permanent residential population. On the basis of these projections land was earmarked in the LPS as ‘Future Development Areas’ (FDAs). Attachment 2 shows the FDAs spatially.

 

Attachment 2 – Local Planning Strategy Map

 

If all land identified as FDAs in the LPS was developed, it would yield approximately 7,080 dwellings. When added to the number of existing dwellings within the Broome townsite and dwellings that could be developed on existing zoned and subdivided residential land, this would accommodate a population of over 35,000.

 

As the DCP is intended to apply to development that will be undertaken within the next 15 years, officers have used the medium growth scenario (Scenario 2) in the Local Planning Strategy to estimate future population by 2031 and to identify land required to provide for this population. This land will be included in the DCA. Under Scenario 2, the population within the Broome townsite will increase to approximately 20,700 by 2031.  The 3,200 lots that will be created through subdivision of the DCA at a density of R20 (as is prescribed in the LPS) will be able to successfully cater for this growth.

 

In considering which areas to include in the DCA, the following matters were taken into account:

·    Portions of FDA1 (Broome North) north of Fairway Drive were excluded as the Broome North District Development Plan states that the extents of interim development to 2031 will be bound by Fairway Drive, Broome Highway and Gubinge Road as reflected in Attachment 1;

·    FDAs 3 and 4 were excluded as they are currently constrained by the location of the Broome International Airport. These locations fall within the 30 Australian Noise Exposure Forecast (ANEF) zone and above, and as such permanent residential development will not be permitted until the airport relocates. The endorsed Airport Development Plan states this will not occur prior to 2025. Should relocation take place prior to this, an amendment to the DCP, or additional DCP, can be undertaken to include these FDAs. 

·    FDAs 7 and 8 are the in-town Aboriginal settlements of One Mile (Nillir Irbanjin) and Bilgungurr. This land has already been partially developed and the owners and leaseholders have not expressed an interest in undertaking broad scale redevelopment during the life of the DCP. As above, should circumstances change, an amendment to the DCP, or additional DCP, could be contemplated to include these FDAs.

 

·    Subdivision by individual landowners on existing lots has been excluded. The majority of the Broome townsite is developed into low-density single residential lots and as such the potential for infill subdivision is limited. Whilst subdivisions of this nature occasionally occur, the timing of these is uncertain and there is no way to reliably predict yields in a way that is needed to create a DCP. It is noted, however, that if broad-scale redevelopment of an entire area is proposed to significantly increase density, an amendment to the DCP, or additional DCP, can be undertaken to capture this.    

It is noted that Council has the ability to consider incorporating additional land into the DCA when future Scheme Amendments are lodged.  

 

Based on the above, it is considered that the proposed extents of the DCA are consistent with the Shire’s strategic planning framework and will be adequate to cater for predicted population growth in Broome over the next 15 years.

 

Elements to be Included in the DCP

 

SPP3.6 sets out the elements to be included in a DCP. Should Council resolve to prepare a Scheme Amendment as outlined in this report, Shire staff will prepare the formal documentation for Council’s, and the WAPC’s, consideration. This will include:

 

·    A Scheme Amendment report including justification for the amendment using the Shire’s corporate, strategic and statutory planning frameworks;

·    A Development Contribution Plan, which will include:

Identification of the infrastructure items required over the next 15 years;

A capital expenditure plan which identifies the capital costs to provide the relevant infrastructure, revenue sources, and timing for provision;

Projected growth figures; and

A methodology for determining the proportion of costs of infrastructure to be attributed to the growth areas and the proportion to be attributed to existing areas.

As such it is recommended that Council resolves to prepare an amendment to Local Planning Scheme 6 to incorporate a Developer Contribution Area and Plan to cater for the population growth over the next 15 years.

 

CONSULTATION

 

Should Council resolve to prepare a Scheme Amendment as outlined in this report, the formal Scheme Amendment documentation will be publicly advertised for a period of no less than 60 days, as is required under the Regulations.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

75. Amending scheme

 

A local government may amend a local planning scheme with reference to any land within its district, or with reference to land within its district and other land within any adjacent district, by an amendment —

 

(a)     prepared by the local government, approved by the Minister and published in the Gazette; or

(b)     proposed by all or any of the owners of any land in the scheme area, adopted, with or without modifications, by the local government, approved by the Minister and published in the Gazette.

 

81. Proposed scheme or amendment to be referred to EPA

 

When a local government resolves to prepare or adopt a local planning scheme, or an amendment to a local planning scheme, the local government is to forthwith refer the proposed local planning scheme or amendment to the EPA by giving to the EPA —

(a)     written notice of that resolution; and

(b)     such written information about the local planning scheme or amendment as is sufficient to enable the EPA to comply with section 48A of the EP Act in relation to the local planning scheme or amendment.

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

34. Terms used

 

complex amendment means any of the following amendments to a local planning scheme —

(e)   an amendment to identify or amend a development contribution area or to prepare or amend a development contribution plan

 

35. Resolution to prepare or adopt amendment to local planning scheme

 

(1)     A resolution of a local government to prepare or adopt an amendment to a local planning scheme must be in a form approved by the Commission.

Note: Section 75 of the Act provides for a local government to amend a local planning scheme or adopt an amendment to a local planning scheme proposed by all or any of the owners of land in the scheme area.

(2)     A resolution must —

(a) specify whether, in the opinion of the local government, the amendment is a complex amendment, a standard amendment or a basic amendment; and

(b) include an explanation of the reason for the local government forming that opinion.

(3)     An amendment to a local planning scheme must be accompanied by all documents necessary to convey the intent and reasons for the amendment

 

70. Development contribution area

 

(1)     A local government may determine that an area of land within a scheme area is a development contribution area if development or subdivision of the land would require the provision of infrastructure or facilities in the area to support the development or subdivision.

(2)     A development contribution area must be shown as a special control area on the scheme map for the local planning scheme.

 

71. Development contribution plan

 

(1)     A local government must prepare a development contribution plan for each area identified in a local planning scheme as a development contribution area.

(2)     A development contribution plan may be prepared concurrently with the identification of the development contribution area to which it relates.

(3)     A development contribution plan is prepared for the purpose of setting out who is to contribute to the cost of providing infrastructure or facilities in a development contribution area and how those contributions are to be determined.

 

POLICY IMPLICATIONS

 

State Planning Policy 3.6 – Development Contributions for Infrastructure

 

This policy guides the form of development contributions plans, the principles to underlie apportionment of contributions, and how the development contribution plan is to be administered. The DCP will be prepared in accordance with the provisions of SPP 3.6. 

 

FINANCIAL IMPLICATIONS

 

The Scheme Amendment documentation will be prepared in-house using existing staff resources. A preliminary list of Community Infrastructure projects has been prepared on the basis of existing strategic documents such as the Sport, Recreation and Leisure Plan (2015), the Local Planning Strategy, and the Old Broome Development Strategy. This list will require further review by Council and will be presented as part of the formal amendment documentation.

 

The list of standard infrastructure projects will be informed by three studies which are scheduled to occur in the 2015-16 financial year, including a District Traffic Study, a District Drainage Management Strategy, and a Fit-for-Purpose Water Supply Study. The outcomes of other projects such as the review of the Building Asset Management Plan and Transport Asset Management Plan and the completion of the Coastal Hazard Risk Management and Adaptation Plan and Public Open Space Asset Management Plan may also be used to determine infrastructure items.  

 

RISK

 

Without a formal development contribution plan in place, the Shire will not be able to compulsorily require development contributions for new residential subdivisions in Broome. Whilst voluntary agreements may be entered into, this will be at the discretion of the developer. This could lead to the loss of millions of dollars that can be used help fund the construction of vital standard and community infrastructure within the town. In 2010 Council estimated that the total cost of this infrastructure until 2031 would be in excess of $152 million. Without the inclusion of development contributions these costs will be borne solely by the Shire.   

                                                        

STRATEGIC IMPLICATIONS  

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.           Pursuant to Section 75 of the Planning and Development Act 2005, prepare an amendment to the Shire of Broome Local Planning Scheme No. 6 by:

 

(a)     Amending  Scheme Map sheets, 23, 24,  27,  30 and 32 to add the notation ‘Development Contribution Area 1’(‘DCA1’) to the following  lots as per the map in Attachment 1:

 

·     Lots 360, 365, 504, 514, 515,  521, 522, 526, 527, 2605, 2606 and 3129 Fairway Drive, Bilingurr

·     Lot 301 Magabala Road, Bilingurr 

·     Lot 502 Gubinge Road, Cable Beach

·     Lot 3143 Dickson Drive, Broome

·     Lot 3144 Dora Street, Broome 

·     Pt. Lot 3128 Coucal Street,  Cable Beach 

·     Lot 9051 Jigal Drive, Djugun

·     Lot 9053 Lorikeet Drive, Djugun 

(b)     Preparing a Development Contribution Plan for the area identified as DCA1.

2.           Resolve that the amendment is a complex amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

·    Under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 a complex amendment is defined as including ‘an amendment to identify or amend a development contribution area or to prepare or amend a development contribution plan.’

3.           Forward this resolution to the Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005.

 

 

Attachments

1.

Attachment 1 - Development Contributions Area

2.

Attachment 2 - Local Planning Strategy Map

  


Item 9.2.5 - PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN

Attachment 1 - Development Contributions Area

 

 


Item 9.2.5 - PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN

Attachment 2 - Local Planning Strategy Map

 

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 368 of 369

 

9.2.6      THE CHINATOWN CHRISTMAS DECORATIONS AND STREET PARTY

LOCATION/ADDRESS:                            CHINATOWN; SHORT ST, DAMPIER TERRACE & CANARVON STREET

APPLICANT:                                              Nil

FILE:                                                           REP004

AUTHOR:                                                   Events Coordinator

CONTRIBUTOR/S:                                    Youth and Community Development Officer

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    12 November 2015

 

SUMMARY:         This report proposes plans to install Christmas lights and decorations in Chinatown and to work collaboratively with the community to hold a Christmas street party in Chinatown. The report also recommends that the Shire works with Spirit FM to hold the Christmas street party on Thursday 3 December 2015, with logistical support to be provided by the Shire of Broome and seeks Council’s approval of the event. It is also recommended that Christmas decorations are installed on Carnarvon Street and Dampier Terrace similar to 2014.

 

BACKGROUND

 

Previous Considerations

 

ACHAC     11 September 2013    Item 5.2

OMC         17 October 2013        Item 10.1

SMC                    6 November 2014      Item 9.1.1

 

COMMENT

 

The purpose of the Chinatown Christmas project is to bring the local Broome community together to showcase Chinatown at a key time of year for the retail sector. The project aims to generate community goodwill and provide opportunities for positive Shire branding as well as contributing to the revitalisation of Chinatown in line with the Chinatown Development Strategy.

 

The Chinatown Christmas Project provides opportunities for community engagement and activation of Chinatown.

 

Christmas Street Party

 

As in previous years, it is recommended that the Shire of Broome works with Spirit FM, Chinatown Traders Association and local businesses to hold a Christmas street party in Chinatown on Thursday 3 December 2015, with logistical support to be provided by the Shire of Broome including traffic management and litter control. The street party will take place in both Dampier Terrace and Carnarvon Street between Napier Terrace and Short Street. The event will have a night market atmosphere with food and craft stalls as well as entertainment including Christmas carols, music, dancing, street performers and an appearance from Santa Claus. The event is designed to activate Chinatown in the evening and provide an opportunity for retailers to open their doors for late night Christmas trading. As this event could conceivably attract in excess of 2,000 people, in accordance with the Shire’s Event Policy this would be a Tier 3 event and therefore requires Council approval. It is proposed that Council delegates authority to the Chief Executive Officer to approve the event in Chinatown in accordance with the Shire’s Events Policy subject to all regulatory and policy requirements being met.

 

Christmas Decorations

 

It is proposed that the Shire of Broome installs the same suite of decorations as were on display in 2014, which will include:

·    Christmas Banners hung from light poles leading into and around Chinatown

·    Light Panels hung from light poles along Carnarvon Street

·    Two boabs at either end of Carnarvon street decorated with lights and baubles

The decorations will be installed over the week beginning Monday 30 November and will be on display ready for the street party on Thursday 4 December.

 

The Shire of Broome will offer Christmas lanterns for sale to Chinatown retailers which have been sourced in bulk and can therefore be offered at a subsidised rate. The lanterns will be particularly beneficial for retailers in Dampier Terrace where a lack of infrastructure restricts the provision of hanging light panels and other decorations. Retailers will be responsible for placing the lanterns out and bringing them in each night to avoid vandalism. This initiative provides an opportunity for businesses to be directly involved in the Chinatown Christmas project and creates a sense of ownership and pride.

 

Local childcare centres, schools and youth groups will again participate in the Broome Christmas Windows competition by creating Christmas window displays to be installed in business windows and vacant shopfronts around Chinatown. The displays will be installed ready for judging at the Christmas Street Party with prizes for the best three displays.  The displays will remain up over the Christmas period attracting parents and community members to Chinatown to view the displays.

CONSULTATION

 

Spirt FM

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995 

3.50. Closing certain thoroughfares to vehicles

 

1)      A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

 

Shire of Broome Local Government Property and Public Places Local Law 2012

 

Definitions and Interpretations

 

1.6     (1) In this local law, unless the context otherwise requires: “function” means an event or activity characterised by any or all of the following:

 

(a) formal organisation and preparation;

(b) its occurrence is generally advertised or notified in writing to particular persons;

(c) it is organised by or on behalf of a club;

(d) payment of a fee is required for attendance; and

(e) there is systematic recurrence in relation to the day, time and place;

 

3.1    (1) Where a person is required to obtain an approval from the local government under this local law, that person shall:

(a) not do the thing for which the approval is required without first obtaining the approval; and

(b) apply for the approval in accordance with subclause (2).

 

(2)     An applicant shall make an application for an approval by completing the form provided for the purpose by the local government, paying the application fee to the local government and forwarding the application to the local government.

 

(3)     The signature of the applicant on the form under subclause (2) shall be deemed to be proof that the applicant has:

 

(a) read and understood any conditions printed on the application form; and

(b) accepted and agreed to comply with any conditions printed on the application form.

 

Determination of application

 

3.2     (1) The local government may, in respect of an application for an approval: (a) refuse the application; or (b) approve the application on such terms and conditions, if any, as it considers fit.

(2)     Without limiting the generality of subclause (1)(b), the local government may impose conditions requiring the payment of a fee for the issue of the form of approval referred to in subclause (3) and for the renewal of the approval, including the payment of a renewal fee.

(3)     If the local government approves an application under subclause (1) (b), then it is to issue to the applicant an approval in the form determined by the local government.

 

Conditions of approval

 

3.3     (1) Where an application for an approval has been approved subject to conditions, the approval holder shall comply with each of those conditions.

(2)     The local government may vary the conditions of an approval and the approval holder shall comply with those conditions as varied.

  

Division 2 – Matters relating to approvals

 

Term and validity of approval

 

3.4 An approval remains valid until:

 

(a) the expiration date and time stated in the approval is reached;

(b) the activity or function for which the approval was issued is changed to the extent that it is no longer consistent with the original purpose or intent for which the approval was given;

(c) the approval is cancelled by the local government under clause 3.5; or

(d) the public liability or indemnity insurance required as a condition of an approval lapses, is cancelled or is no longer current.

 

3.5     (1) The local government may cancel an approval if:

 

(a) anything purporting to be done in accordance with the approval is not done in conformity with the conditions of the approval;

(b) the approval holder is convicted of an offence against this local law; or

(c) the approval holder fails to comply with a notice given under clause 12.1 in relation to a breach of the approval or a condition of the approval.

 

(2)     Notwithstanding subclause (1), where an approval relates to the hiring of local government property, the local government may cancel the approval at any time. (3) Where the local government cancels an approval for the hire of local government property under subclause (2), then the local government shall not be liable to the approval holder for any loss or damage sustained by the approval holder arising from the cancellation

 

Part 4 – Activities Which Are Restricted Or Prohibited On Local Government Property and Public Places

 

Division 1 – Activities only permitted under an approval or by a sign

Activities requiring an approval 4.1 (1) A person shall not on any local government property or public place within the Broome town site area, without first having obtained an approval from the local government to do so:

 

(a) consume any liquor;

(b) erect a structure for public amusement or for any performance for personal gain or otherwise;

(c) conduct any function;

(d) light or set off any fireworks or conduct a fireworks display;

(e) light any fire except in a facility provided for that purpose;

(f) erect any tent, camp, hut, building or other structure, other than a beach umbrella or other portable item used for protection from the elements between sunrise and sunset on any day;

(g) coach, teach, instruct or train any person for a fee;

(h) charge a person for entry to local government property;

(i) operate any broadcasting or public address system or apparatus, other than those used by a life saving club in the performance of its functions;

(j) erect any sign;

(k) walk, lead, ride, herd or drive any large animal;

(l) play or use any musical instrument or any other similar device;

(m) pursue a use on local government property set aside for that purpose under clause 5.1

 

Shire of Broome Trading, Outdoor Dining ad Street Entertainment Local Law 2003

 

Definitions and Interpretations 1.6 In this local law unless the context requires otherwise: “trading” includes:

 

(a)  the selling or hiring or, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

 

(b) displaying goods in any public place for the purpose of:

(i) offering them for sale or hire;

(ii) inviting offers for their sale or hire;

(iii) soliciting orders for their sale or hire; or

(iv) carrying out any other transaction in relation to them; and

 

(c) the going from place to place, whether or not public places, and:

(i) offering goods or services for sale or hire; or

(ii) inviting offers or soliciting orders for the sale or hire of goods or services, but does not include:

 

(d) the delivery of pre ordered goods or services to the purchaser of those goods or services, or to the person nominated by the purchaser of those goods or services to accept delivery, whether or not payment for those goods or services is made on delivery;

 

46. Local laws and regulations generally

(1)     Any regulation made under section 44 or local law made under this Act may be so made —

(a) as to apply generally or in a particular class of case, or particular classes of cases, at all times or at a specified time or specified times, throughout the district or in a specified part or specified parts of the district and in areas which although not within the district are by the operation of the provisions of this Act nevertheless to be regarded as being within the district;

(b) as to require a matter affected by it to be in accordance with a specified requirement, or as approved by, or to the satisfaction of, a specified person or body, or class of person or body, and so as to delegate to or confer upon a specified body a discretionary authority; and

(c) as to provide that in specified cases, or a specified class of case, or specified classes of cases, whether on specified conditions or unconditionally, persons or things may be exempted from its provisions either wholly or to such extent as is specified.

 

(2)     Any regulation made under section 44 or local law may make provision for the imposition of penalties not exceeding $100 in respect of any contravention.

 

(3)     Where in relation to a regulation made under section 44 or local law made under this Act the expression “specified” is used, the expression, unless the context requires otherwise, means specified in that regulation or local law.

 

POLICY IMPLICATIONS

5.1.11 Events

4.2.12 Trading in Public Places

3.1.20 Traffic Management for Events

 

FINANCIAL IMPLICATIONS

An allocation of $35,000 has been included in the 2015/16 Financial Year Budget for the purposes of delivery of the Chinatown Street Christmas Party and Decorations.

 

RISK

 

A Comprehensive Risk Management Plan and Emergency Procedures Plan are requirements of the applicants Event Application.

 

STRATEGIC IMPLICATIONS

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

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

 

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

 

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

 

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

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Nominates Carnarvon Street and Dampier Terrace (between Napier Terrace and Short Street) as the focal points for Christmas decorations in Chinatown in 2015

2.       Requests the Chief Executive Officer to work in collaboration with Spirit FM to stage a Christmas Street party on Thursday 3 December 2015, with the Shire’s role to be coordinating traffic management, waste management and cleaning services.

3.       Delegates authority to the Chief Executive Officer to approve the Chinatown Christmas Party to be held on Thursday 3 December 2015 from 17:00 to 21:30 subject to all regulatory and policy requirements being met.

(Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 374 of 375

 

9.2.7      Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising

LOCATION/ADDRESS:                            Coghlan St

APPLICANT:                                              Nil

FILE:                                                           COG-1/GEN

AUTHOR:                                                   Development and Subdivision Engineer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 November 2015

 

SUMMARY:         Council previously endorsed the public advertising of the proposed closure of a portion of Coghlan Street road reserve. This closure was required under the Heads of Terms agreement between the Shire of Broome and Pearl Coast Properties.

No submissions were received during the public advertising period, and this report recommends Council endorse the closure of a portion of the Coghlan Street road reserve.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 March 2015                         Item 9.1.2

OMC 27 August 2015                        Item 9.2.3

 

At the Ordinary Meeting of Council held on 26 March 2015, Council resolved the following:

 

That Council:

 

a)  Endorses the attached Heads of Terms for the Broome International Airport Drainage Agreement

b)  Authorises the Shire President and Chief Executive Officer to engross the Heads of Terms for the Broome International Airport Agreement.

 

A Heads of Terms agreement was negotiated between the Shire of Broome and Pearl Coast Properties (PCP) to resolve all outstanding drainage and land tenure issues at Broome International Airport.

 

At the Ordinary Meeting of Council held on 27 August 2015, Council resolved the following;

That Council:

(a)  Notes that under the Heads of Terms Agreement, a portion of the Coghlan Street Road Reserve is required to be closed, sold by Department of Lands to Pearl Coast Properties, and that a drainage easement in favour of the Shire of Broome will be created over the McPherson St Drainage Licence Area.

(b)  Requests the Chief Executive Officer to:-

                   (i)      Advertise a Notice of Motion to close a portion of the Coghlan Street                           road reserve (Area D on Drawing no. D15-003-01) , for 35 days in                                               accordance with Section 58(3) of the Land Administration          Act 1997; and

                   (ii)      Present a report to Council on the outcome of the submissions received                      during the advertising period.

 

COMMENT

                                                   

A Heads of Terms agreement has been engrossed by Pearl Coast Properties (PCP) and the Shire.  In accordance with the agreement, the Shire is to progress road closure actions for a portion of the Coghlan Street road reserve (Area D).

 

Attachment 1: Survey of Area D

 

The road closure action is required as a section of the existing airport security fence and open drain encroaches into the Coghlan Street road reserve by 199m2.  This is referred to as Area D in the Heads of Terms agreement. 

 

Attachment 2: Context Plan – Portion of Coghlan Street Road Reserve to be Closed

 

The encroachment of airport infrastructure into the road reserve does not inhibit Coghlan Street being used as a public thoroughfare.  Therefore, it was agreed in the negotiation of the Heads of Terms agreement to formally close Area D within the Coghlan Street road reserve and facilitate the disposal of Area D to PCP through the Department of Lands.

 

Area D will be excised from the Coghlan Street road reserve and amalgamated into the Pearl Coast Properties parent lot (Lot 9000).  A drainage easement will then be subsequently created over the existing McPherson St drain in favour of the Shire and this will replace the existing drainage licence. 

 

CONSULTATION

 

Department of Lands

Pearl Coast Properties

Water Corporation

Residents of Shire of Broome

 

The proposed road closure was required to be advertised for 35 days under Section 58(3) of the Land Administration Act 1997.  A public notice was placed in the Broome Advertiser on 10 September 2015, and the advertising period ended at 4pm on 16 October 2015.

 

No submissions were received during the public consultation period.

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

 

58.     Closing Roads

 

(1)     When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3) request the Minister to close the road.

 

(2)     When a local government resolves to make a request under subsection (1), the local government must in accordance with the regulations prepare and deliver the request to the Minister.

 

(3)     A local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objection made to it within that period concerning the proposal set out in that notice.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

PCP will bear all fees, charges and survey costs related to the closure of a portion of the Coghlan St road reserve.  The cost of purchasing the closed portion of the Coghlan St road reserve (Area D) from the Department of Lands will be borne by PCP.

 

As per the terms of the engrossed Heads of Terms agreement, PCP will grant a drainage easement over the McPherson St Drain free of charge to the Shire.  PCP will also bear all fees, charges and survey costs related to the creation of this drainage easement.

 

RISK

 

If Heads of Term agreement is not actioned and a portion of Coghlan Street road reserve is not closed, the Macpherson Street Drainage License will stay in effect.  As this licence may be terminated by PCP with only one month’s notice, this would result in a costly alternative drainage solution which has a major financial consequence for the Shire.  Whilst it is unlikely that PCP will cancel the licence, the combination of there two factors produces an overall moderate risk to the Shire.

 

The risk to the Shire can be mitigated by the closure of a portion of the Coghlan Street road reserve to facilitate a drainage easement being created in favour of the Shire.

 

STRATEGIC IMPLICATIONS  

 

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

 

Core asset management to optimise Shire’s infrastructure whilst minimising life cycle costs.

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

 

1.       Endorse the closure of a portion of the Coghlan Street road reserve (Area D) as shown in the Attachment to this report.

 

2.       Requests the Chief Executive Officer to:

 

(a)       request the Minister of Lands to proceed with the closure of a portion of the Coghlan Street road reserve(Area D); and

 

(b)       advise the Department of Lands that the Shire has no objection to the closed portion of the road reserve being sold to Pearl Coast Properties, subject to a drainage easement being created over the Macpherson St Drain in favour of the Shire.

 

 

Attachments

1.

Survey of Area D

2.

Context Plan - Portion of Coghlan Street Road Reserve to be Closed

  


Item 9.2.7 - Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising

Survey of Area D

 

 


Item 9.2.7 - Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising

Context Plan - Portion of Coghlan Street Road Reserve to be Closed

 

 

 


 

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.


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 382 of 383

 

9.3.1      PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION
SECOND CONSULTATION

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ACT11

AUTHOR:                                                   Coordinator Environmental Health 

CONTRIBUTOR/S:                                    Statutory Planning Coordinator

Manager Economic Development

Manager Building Services

Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    29 October 2015

 

SUMMARY:         The Department of Local Government and Communities (The Department) is currently reviewing the Caravan Parks and Camping Grounds Act 1995 (CPGC Act) with the intention to repeal the Act and develop new legislation.

The Shire of Broome submitted a response to the first round of consultation which was endorsed by Council on the 7 October 2014. In a second consultation, the Shire has been asked to review the proposed options for inclusion in the new Caravan and camping legislation (Attachment 1).

In preparing the DRAFT submission, Officers have considered impacts these changes may have on the Shire of Broome as an organisation, an owner of a caravan park and the potential impacts on Broome as a community. Officers considered concerns raised by Council in the first submission.

Officers recommend Council approve the Shire of Broome’s response for submission to the Department. A copy of the DRAFT submission ‘Proposal for Holiday Parks and Camping Grounds Legislation’ is attached at (Attachment 2) for Councils consideration.

                                            

BACKGROUND

 

Previous Considerations

OMC 7 October 2014         Item 9.3.1

The State Government has proposed to develop new Caravan Parks and Camping Grounds legislation to replace the Caravan Parks and Camping Grounds Act 1995. As part of this process a public consultation review is being conducted.

The review is being led by an interagency advisory group assembled to facilitate the development of a new CPCG ACT and to explore key issues. It is recognised that many stakeholders including consumers, industry, State Government Departments and Local Governments have an interest in the Caravan Parks and Camping Ground legislation.

The objective of the proposed legislation is to provide a framework which is more effective in meeting the needs of consumers, operators and regulating authorities. Consideration has been given to reducing red tape whilst maintaining safeguards to ensure the health and safety of users and operators of caravan and camping grounds.

As part of the review and development process, the Department released an initial consultation paper to invite public comment on how the new Act could operate. In October 2014 the Shire of Broome submitted comments along with 126 others submissions. These submissions can be found on The Department website. Upon review of the submissions, it was identified that the required changes to the legislation were significant and given the extent of these changes, the existing Caravan Parks Act and Regulations would need to be repealed and new legislation would be developed in its place.

A second consultation paper was prepared by the Department proposing a framework for a new caravanning and camping legislation. The new submissions are to be provided by the 30 November 2015.

The purpose of the second consultation is to put forward proposed options for inclusion in new caravan and camping legislation in Western Australia. The objectives to be achieved from developing new legislation are:

·    Clarity in the interpretation of the legislation

·    Provide consistency in the application of the legislation by Local governments and State Government agencies, and

·    Improve flexibility of prescribed requirements for existing and new developments.

Officers  recommend that the Shire of Broome make a submission addressing issues from a regulatory and compliance perspective as well as that of a owner of a caravan park. Comments from the Shire of Broome’s first submission have been considered in the second consultation. Officers involved in preparing the submission include officers from Health, Planning, Building and Economic Development.

The Shire has contacted the Department to ensure a consultation session is undertaken in Broome and has forwarded details of this session to operators to capture the views of Caravan Park owners. The Shire has provided facilities for this to occur.

COMMENT

The Department provided a response form. This form has a series of questions that the Department would like responses to. The feedback form is required to be read in conjunction with the Consultation paper as this outlines issues and considerations for discussion along with the options to be considered and a final recommendation option for feedback. Officers have answered questions considered relevant to the Shire. Some questions posed are considered as being routine or administrative, however following consultation amongst officers the following issues are identified as those that may require consideration by Council.

1. Changes in definitions

A key proposal of the previous consultation was to change the definition of ‘Caravan Park ’to ‘Holiday Park which was supported by 64 per cent of respondents; concerns were raised that it may imply that residential use is not allowed. This was a primary concern in the previous submission by the Shire of Broome. The second consultation clarified that land zoning, local planning schemes and other planning instruments will determine the types of accommodation allowed on a park, with a mix of accommodation types including permanent residents. This may alleviate concerns of the first submission about precluding residential longer than 3 months. The second consultation paper recommends the following option:

“‘Holiday park’ will mean an area of land on which accommodation vehicles and/or tents are situated for habitation, primarily by short-stay occupiers. In accordance with section 2, zoning and local planning schemes will dictate what buildings are allowed on the land.

A park home will no longer be considered a caravan and will instead need to be compliant with and regulated under the Building Act 2011 and associated Regulations. Park homes will now have the added benefit of a stream lined process under the Building Act 2011.

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

 

A. The change in terminology from caravan park to holiday park is supported, however, the term ‘park home’ is absent from the list of proposed definitions.’ Park home ‘needs to be defined to ensure there is a clear distinction between permanent buildings/structures, caravans, mobile homes, accommodation vehicles and buses.

 

2. Application of the legislation, accommodation type

 

Current provisions of the CPCG Act do not allow the objects of the Act to be met. Different planning policies, zoning, building legislation and the complexities of the Act have created confusion on the legality of placing certain types of accommodation in caravan parks.

Feedback received in the first consultation noted that it should not be the responsibility of the Act to determine what buildings are allowed on land designed for caravans or camping; rather, this should be determined through the planning process. Subsequently, the second consultation recommends the following option:

“A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of the sites, to be eligible for an approval to operate.”

In this proposal a facility means a holiday park or camping ground and an approval to operate would take the place of a licence.

The proposal states residential parks already established on caravan park or tourism zoned land would continue on that land; but proposed new residential park developments would not be able access caravan park or tourism zoned land in the future. Land zoning, local planning schemes and other planning instruments would determine the types of accommodation allowed on a holiday park, likely to be a mix of accommodation types with provision of long term residents forming part of an approved management plan. This addresses concerns raised in the first consultation by the Shire of Broome.

Officers recommend that council provide the following feedback:

 

A.  The Shire supports the change in using an approval process as opposed to a licence.

B.   The Shire supports a percentage as opposed to a particular number of sites as the use of percentage would better capture what is a predominant land use activity. This percentage should be determined by the appropriate Local Government Authority.

 

3. Buildings allowed and converted accommodation vehicles

The proposal states that unless owned by the owner of the facility, any buildings and associated structures on that facility would need to be transportable and compliant with the Building Act. This would include park homes and ensure park homes will still be allowed in Holiday Parks.

The discussion paper outlines that existing converted accommodation vehicles will not be captured retrospectively to comply with The Building Code of Australia (BCA) provisions but basic safety standards will apply as per the recommendation.

Shire of Broome officers have raised concerns on the practicality and achievability for new accommodation vehicles to be assessed as an entire structure and approved under the Building Act as a habitable building while remaining as a transportable building.

Transportable or demountable type buildings such as park homes are structures that are manufactured in a factory under a suitable quality assurance process that ensures Building Act requirements are met. This is particularly relevant for cyclone prone regions where a suitable structural tie down system needs to be incorporated into the design. However, vehicles are not permanent buildings and are constructed according to separate standards, applying BCA requirements to new converted accommodation vehicles is not appropriate and is impracticable. 

Apart from temporary facilities on a building site (site office, storage and ablutions) or temporary structures proposed to be located no longer than one month on site, the WA Building Act, Regs & BCA only applies to permanent buildings and structures.

It would be highly unlikely to achieve this particularly in cyclonic region. Notwithstanding this, there are some provisions in the BCA that could be developed as suitable standard/guidelines for converted accommodation vehicles.                                               

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

 

A.  Supports that the legislation is not applied retrospectively to existing converted accommodation vehicles; however, basic minimum standards such as smoke detectors and RCDs are fitted within 12 months or earlier when converted accommodation is being sold, rented, leased or hired out.

B.   Whilst it supports all accommodation vehicles and new park homes on sites to be constructed as transportable buildings, it is not deemed practical that proposed converted accommodation vehicles (while remaining a transportable building) will be able to comply with the BCA as a habitable building especially in cyclonic areas.  Council would require specific guidance material to be developed to assist in the assessment of converted accommodation vehicles under the BCA should this be an outcome of the review.

C.  While rigid structures such as hard annexes attached to accommodation vehicles such as caravan and buses can reasonably be assessed under BCA, the vehicle itself cannot.

D.  Supports that non converted accommodation vehicles in holiday parks to which the BCA does not apply should be licensed under the Road Traffic Act 1974 to allow evacuation if required. That industry standards/ guidelines for tying down these in cyclonic regions be further developed with the intention to apply where evacuation is not to occur.

 4.Camping at a place other than approved facility

Under the Caravan Parks Regulations, a person may camp for up to three nights in any period of 28 consecutive days on land with the approval of the owner. To camp for longer than this period of time, approval must be sought. Such approval can be granted by the local government for up to three months or by the Minister for Local Government (the Minister) for longer than three months and up to 12 months.

The Shire of Broome policy 4.2.10 (Approval to camp up to 3 months in areas other than caravan parks & camping grounds) provides guidance in the application of the Regulations. Officers continue to support this policy including the need of a request by the applicant to the State Minister for an extension after 3 months. This also reduces the lengthy administrative process to go to SAT with requests of renewal.

The Shire of Broome could continue to support applications for extension over 3 months by providing letters of support to the Minister where appropriate. This would provide a level of flexibility across regional and urban areas to allow for local conditions.

The consultation paper proposes Local governments can grant unlimited approvals to the landowner to offer a campsite for an accommodation vehicle and/or tent for up to 3 months at the time subject to appropriate consultation and risk assessment.

 

Accordingly, officers recommend that council provide the following feedback:

 

A. Whilst it supports that Local Governments can grant approval to camp outside of an approved facility, it does not support the approval for more than 3 months by Local Government. The Shire of Broome recommends the status quo is maintained and requests to camp more than 3 months are determined by the Minister.

5. Licensing regime

1.   Variety of licence categories and their standards

The Caravan Park Regulations currently provide for seven licence categories. These are: Caravan park licence; Camping ground licence; Caravan park and camping ground licence; Park home park licence; Transit park licence (stay of no longer than three consecutive nights);Nature based park licence, and Temporary licence.

With evolving mixed-use facilities, the existing licence types may not reflect the actual accommodation being provided at each facility. It has been noted that there are difficulties in distinguishing between categories, particularly between natures based parks and transit parks, which may create some confusion and inconsistency in the application of the legislation. The second consultation noted these challenges and proposes four different options with new categories. Officers see some benefits in each option.

Due to the varying nature of use, camping experience and ability to provide a set level of amenities each category should be treated with their own separate set of minimum requirements. Officers support 3 levels of categories: holiday parks, nature based and events approval but do not support operating all three under the same set of standards.

Holiday park approval would be for facilities providing a range of accommodation whereas a nature based park approval would be for minimal facilities in a non built up area. A nature based site without running potable water could not be expected to provide showering facilities or laundering facilities, whilst a Holiday park would have these as a basic standard. For these reasons a combination of the presented option (ii) and (iv) is supported by officers. Have 3 categories: holiday park, nature based and events approvals but with a set of minimum standards for each category. This would be an improvement to current categories while providing clarification between Holiday park and Nature base facilitating assessment from a Local Government perspective.

Event approvals on the same property should not be limited to 4 per year. This decision should be left for each Council to address according to regional needs. Some towns might have a limited number of suitable properties to be used for events and if only 4 approvals could be granted this could be exhausted in peak season and therefore would limit potential activity during the shoulder season.            

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

 

A. Whilst it supports three categories Holiday Park, Nature Based and Events approvals, it does not support them to operate under one set of minimum standards. It supports each approval category to have its own set of minimum standards.

B. Whilst it supports events as an approval category that cannot be issued for any period greater than seven days , it does not support limits to 4 approvals per year.

 

2.   Management plan

The discussion paper proposed the introduction of management plans. These plans would be prepared to document essential details on how a facility is to be designed and managed and the type of facilities to be provided. The plan should outline how the operator will meet the minimum standards for a category and address any risks specific to that facility.

In the first consultation, feedback was sought on whether management plans would be a suitable model for licensing facilities and overall, 78 per cent of respondents were supportive of the introduction of management plans. Adverse feedback received related to the financial impact the development of the plans may have. The Shire of Broome also raised concerns in the first consultation over the nature and extent of the functionality of the document.

Generally, guidance material for nature based park management plans available is broad and lacking technical guidance leaving the applicant with little technical evidence to support their application. The lack of specific skills and experience of nature base applicants in preparing management plans has the potential to lead to application of poor quality.

The quality of the application and management plan is critical and therefore should have more detailed guidelines to assist and streamline preparation of such plans and assessment by Local Government.

Furthermore, to prevent confusion for the applicant, a different set of standards for each category with a specific template should be used as opposed to requiring operators to propose how they can meet a minimum set of standards. The management plan should not be used as a tool to vary the minimum set of standard of a category.

Small facilities might be less financially able to obtain specialist advice and this highlights the importance of creating clear guideline documents, examples and templates that are clear and request specific information based on each category.

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

 

A. That whilst it supports the use of management plan to form part of an application of an approval, further guidance material should be available to assist operators to determine which category of approval they would need to apply for and what supporting information they need to include in their application.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

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

Reference is also made to the Building Act 2011, Traffic Act 1974, Health Act 1911 and Food Act 2008

 

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

 

Nil

 

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

 

A healthy and safe environment

 

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 endorses the submission  attached as Attachment 2 and requests the Chief Executive Officer to lodge the submission on the Consultation Paper prepared by the Department of Local Government and Communities on the Proposal for Caravan Parks and Camping Grounds legislation.

 

 

Attachments

1.

Proposal for Holiday Parks & Camping Grounds Legislation

2.

Submission Proposal for Holiday Parks and Camping Grounds Legislation

  


Item 9.3.1 - PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION

SECOND CONSULTATION

Proposal for Holiday Parks & Camping Grounds Legislation

 

 

Myriad graphicConsultation Paper

Proposal for Holiday Parks
and Camping Grounds Legislation

Myriad graphicSecond Consultation – August 2015

Consultation Paper
Proposal for Holiday Parks and Camping Grounds Legislation – Second Consultation

28 August 2015

Prepared by:

Department of Local Government and Communities

Gordon Stephenson House

140 William Street

PERTH 6000

GPO Box R1250

PERTH WA 6844

Telephone: (08) 6551 8700

Fax: (08) 6552 1555

Freecall (Country Only): 1800 620 511

Email: caravan@dlgc.wa.gov.au 

Website: www.dlgc.wa.gov.au/CPCG-Consultation-Paper-2/

All or part of this document may be copied. Due recognition of the source would be appreciated.

Translating and Interpreting Service (TIS) telephone: 13 14 50

Disclaimer: Although every care has been taken to ensure accuracy in the preparation of this paper, the information has been produced as general guidance for persons wishing to make submissions to the review. The contents of the paper do not constitute legal advice or legal information and they do not constitute government policy. This paper should not be used as a substitute for a related act or professional advice.

This publication is free. The Department of Local Government and Communities has no objection to copying all or part of this document. Due recognition of the source would be appreciated.


 

Contents

Executive Summary. 4

Introduction. 6

1.... Structure of the Paper 7

2.... Effect of Proposed Amendments on Permanent Park Residents. 7

3.... Rationale for Proposed Development of New Legislation. 7

4.... Terminology and Definitions. 9

5.... What Will the Legislation Apply To?. 12

5.1..... Application of the legislation to facilities. 12

5.2..... Camping at a place other than an approved facility. 18

5.3..... State government and local government facilities. 24

5.4..... What will not be covered by the proposed legislation. 29

6.... Licencing of Facilities. 30

7.... Licence Categories. 35

8.... Conditions for Approval to Operate. 41

9.... Penalties. 46

10.. Prerequisites of Accommodation Vehicles. 49

11.. Advisory Committee. 53

12.. Transitional Provisions. 56

12.1... Holiday parks and camping grounds. 56

12.2... Converted accommodation vehicles. 59

14.. Regulations. 64

Appendix 1. 65

Summary of proposed options and suggested provisions. 65

Appendix 2. 73

 

Acronyms

Caravan Parks Act                               Caravan Parks and Camping Grounds Act 1995

Caravan Parks Regulations                 Caravan Parks and Camping Grounds         Regulations 1997

Building Act                                          Building Act 2011

The Minister                                          Minister for Local Government

Road Traffic Act                                   Road Traffic Act 1974

Food Act                                               Food Act 2008

SAT                                                      State Administrative Tribunal


Item 9.3.1 - PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION

SECOND CONSULTATION

Proposal for Holiday Parks & Camping Grounds Legislation

 

 

Executive Summary

The purpose of this paper is to put forward proposed options for inclusion in new caravan and camping legislation in Western Australia. The objectives to be achieved from developing new legislation are as follows:

·    Clarity in the interpretation of the legislation

·    Consistency in the application of the legislation by local governments and state government agencies, and

·    Flexibility of prescribed requirements for existing and new developments.

The responses to the first Consultation Paper have identified that the necessary changes to the legislation are significant. Given the extent of the changes necessary, it is intended that the existing Caravan Parks Act and Regulations be repealed, and new legislation be developed in their place.

The paper proposes a raft of recommendations to achieve the objectives. These recommendations are:

1.   That the current Caravan Parks Act and Regulations are repealed and a new Act and Regulations are developed in their place. 

2.   A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Sites predominantly for the purpose of long-term residence, such as park home parks, must provide at least 10 designated short-stay campsites for accommodation vehicles and/or tents, or a prescribed percentage of such sites, to be eligible for an approval to operate. 

3.   Any person making available a campsite for an accommodation vehicle and/or tent will need approval if it will be available for use for any more than three nights in any 28 day period.

4.   An emphasis will be placed on the development of management plans that address the operator’s target market.

5.   Unless it is owned by the landowner, any building on a facility must be, and remain at all times, transportable.

6.   Any permanent structure on a facility that is not registered under the Road Traffic Act is to be assessed as a building.

7.   A set of minimum standards will apply to all facilities operating under the Caravan Parks Act.

8.   The Caravan Parks and Camping Grounds Advisory Committee will be abolished in favour of consultation with relevant stakeholders.

9.   All penalties will be increased.

10. Transitional arrangements will be put in place for existing facilities and vehicles.

The department is seeking submissions on the proposed recommendations presented in this consultation paper. A summary of the proposed recommendations, including suggested provisions and options for implementation, can be found at Appendix 1 to this paper.

Submissions close on 30 November 2015.


 

Introduction

The state government is undertaking a review of the Caravan Parks and Camping Grounds Act 1995 (Caravan Parks Act) with a view to developing new legislation which provides a clear framework for operators, regulating authorities and users. In 2009 the Economics and Industry Standing Committee (EISC) conducted an inquiry into the caravan park and camping ground industry in Western Australia.

The EISC reports are available on the Parliament website, which can be found at www.parliament.wa.gov.au/parliament/commit.nsf/WebReportsByName. Following that inquiry, a group of government agencies developed the Western Australian Caravan and Camping Action Plan 2013-2018, with the goal of improving the supply, delivery and promotion of caravan and camping experiences through the implementation of 11 recommendations. This review is a response to Recommendation 1 of the Action Plan, which is that the Caravan Parks Act and Regulations be reviewed. The full Action Plan can be viewed on the Tourism WA website at www.tourism.wa.gov.au/Industry/Infrastructure_Growth/Caravan-Camping/Pages/Action-Plan-Strategy.aspx.

Since the introduction of the Caravan Parks Act, there have been significant changes to the industry, together with a desire for legislation that would reduce red tape and allow operators more flexibility. As one of the key objects of the legislation is to protect the health and safety of users and the environment, the review has focused on these aspects. Consideration of these factors, along with the overall objectives of the review, has guided the development of the options and proposed recommendations.

A first Consultation Paper was released by the department in May 2014 for public comment. The consultation period ended on 1 September 2014 and more than 120 submissions were received. Respondents were from a range of stakeholder groups, including caravan park and camping ground users, local governments, park operators, peak bodies and state government agencies. A breakdown of feedback received by stakeholder group can be found at Appendix 2 to this paper. The feedback received in response to the first Consultation Paper has been used to inform the development of options in this second paper. Reference is made to the general content of feedback throughout this paper. The first Consultation Paper, and submissions received in response, can be found on the department’s website at www.dlgc.wa.gov.au/CPCG-Consultation-Paper.  


 

1.   Structure of the Paper

This paper is divided into a number of parts dealing with the key themes of proposed items for inclusion in the new Caravan Parks Act. The document outlines the relevant background information for each topic and recommends the option considered most appropriate to address the specific issue, along with other key options considered. Where possible, the benefits, potential costs and other impacts that may flow from the recommended options have been identified.

Feedback received through consultation undertaken in 2014 has been analysed and has assisted in forming the options and recommendations presented in this paper.

Please note the detailed mechanics of implementation and operation does not form part of this paper; however, feedback on these areas is welcome during the consultation period. Where possible, suggested means of implementation have been identified and included in this paper (see Appendix 1). Guidance questions at the end of each section seek comment on suggested implementation methods, as well as on general matters. This will be taken into account in the review of the regulations.

2.   Effect of Proposed Amendments on Permanent Park Residents

Feedback received in the previous round of consultation highlighted concerns that the new Caravan Parks Act may have significant impacts on current permanent residents in caravan parks.

Sections 10 and 12 address proposed amendments to converted accommodation vehicles, including recommended transitional provisions to implement the legislation.

3.   Rationale for Proposed Development of
New Legislation

The Caravan Parks Act is the overarching legislative framework binding park operators, regulating authorities and consumers to ensure the health and safety of users of caravan parks and camping grounds.

Since the Caravan Parks Act took effect in 1997, no substantial amendments have been made. The result is that some provisions are no longer relevant to the current market or consumer expectations. In addition to being overly prescriptive, regulatory failure has resulted in the legislation being applied inconsistently by local governments. As a result of the feedback received on the recommendations proposed in the first Consultation Paper and the significant nature of the changes required to the Act, it has been determined that the existing Caravan Parks Act should be repealed and a new Act developed to replace it.

The new legislation will aim to provide a more flexible operating environment, which will provide more opportunities for operators and greater choice for consumers. This should allow operators to more readily respond to specific market segments which drive this aspect of the tourism industry.

The intention of this review is to develop a new Caravan Parks Act which will improve the following:

·    Interpretation of the legislation

·    Consistency in the application of the legislation by local governments and state government agencies, and

·    Flexibility of prescribed requirements for existing and new developments.

The key principles that have guided the review and development of the options for the new regulatory framework are to:

·    Protect the health and safety of users and lower the environmental risk as a result of caravan parks and camping grounds

·    Introduce a minimalist regulatory approach to reduce red tape while continuing to manage the risks associated with the operation of facilities

·    Allow for a sustainable, market-driven approach to product mix and park design

·    Provide a flexible operating environment to meet the changing needs and expectations of users of facilities, and

·    Promote a consistent approach to administration and enforcement of the legislation across the state.

Consideration of the above principles has driven the recommended options presented in this paper.

·   

Recommendation:

·    That the existing Caravan Parks and Camping Grounds Act 1995 and Regulations be repealed and a new Holiday Parks and Camping Grounds Act and Regulations be developed to replace them. 

4.   Terminology and Definitions

Before consideration is given to addressing the range of issues to be dealt with in the new legislation, the current terminology needs to be reviewed. It is important that the definitions and terminology are appropriate given the context of today’s tourism environment, particularly since caravan parks have evolved to cater for a large variety of travellers, including the provision of cabins and chalets, not just campsites. Contemporary usage of the term ‘caravan’ has also evolved, with trailers, recreational vehicles and buses all being used for accommodation. The term ‘caravan park’ is therefore no longer reflective of modern facilities.

Issues

The issue is that the current terminology and definitions used in the Caravan Parks Act and Regulations are not reflective of the different accommodation types and services provided for users and occupiers of caravan parks and camping grounds.

Objective

The objective is to clarify and update terminology so it is reflective of the diverse nature of accommodation types and facilities and will remain applicable into the future.

Consultation feedback

Previous consultation proposed a raft of changes to the terminology currently used throughout the Caravan Parks Act and Regulations. A key proposal was to change the definition of ‘caravan park’ to ‘holiday park’, with the view that this term more accurately reflected the different types of accommodation provided by a facility.

Of the submissions received, 64 per cent were supportive of the term ‘holiday park’; however, concern was noted that it may imply that residential use is not allowed.

Changes to other terminology were uniformly supported.

Options

(i)         Status quo

This option proposes that terms defined under the Caravan Parks Act and Regulations will not change.

Some of the definitions worth noting include:

‘camp’ means any portable shed or hut, tent or tent fly, awning, blind or other portable thing used as or capable of being used for habitation and includes a vehicle of a prescribed type or in prescribed circumstances.

‘caravan’ means a vehicle that is fitted or designed for habitation, and unless the contrary intention appears, includes an annexe.

‘caravan park’ means an area of land on which caravans, or caravans and camps, are situated for habitation.

‘vehicle’ means a conveyance (other than a train, vessel or aircraft) capable of being propelled or drawn on wheels.

(ii)        Update definitions to reflect current terminology

This option proposes that some definitions are changed to more appropriately reflect terminology which encompasses the range of accommodation types that may be provided under the legislation.

If this option is preferred, it is suggested that the following definitions are adopted:

·    ‘Holiday park’ will mean an area of land on which accommodation vehicles and/or tents are situated for habitation, primarily by short-stay occupiers. In accordance with section 2, zoning and local planning schemes will dictate what buildings are allowed on the land.

·    ‘Accommodation vehicle’ is the term used to reflect all types of vehicles used or capable of being used for habitation. This includes caravans and campervans.

·    ‘Vehicle’ is any vehicle as defined under the Road Traffic (Administration) Act 2008.  The current definition is:

·    vehicle includes —

     (a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means, and  

     (b) where the context permits, an animal being driven or ridden.

·    ‘Facility’ will mean a holiday park or camping ground.

·    ‘Camp’ (noun) will be replaced by ‘tent’ to mean any portable tent which, apart from any rigid support frame, has walls and a roof of canvas or other flexible material.

·    ‘Camp’ (verb) will mean to stay or lodge in a tent, or other accommodation vehicle. This definition will be based on the definition in the Conservation and Land Management Regulations 2002.

·    The legislation is to be titled the Holiday Parks and Camping Grounds Act.

This option is not expected to have a significant impact on users, local governments or private operators.

Discussion

Option (ii) proposes a change in a number of definitions to bring the terminology into line with current practices and recognise the mixed uses of caravan parks and camping grounds.

The reason for the proposed change in terminology from ‘caravans’ to ‘accommodation vehicles’ is because ‘caravan’ does not capture the range of vehicles that may be used for habitation, including buses, campervans, caravans and recreational vehicles (RVs).

A park home will no longer be considered to be a caravan and will instead need to be compliant with, and be regulated under, the Building Act 2011 and associated Regulations.

It is proposed to replace the term ‘caravan park’ with ‘holiday park’. Caravan parks and camping grounds have the primary intention of being for short-stay occupiers and to encourage tourism. As part of encouraging tourism, operators should consider providing a range of accommodation types to suit a variety of tourists and budgets. Parks today are much more than places where only caravans are located and the Caravan Parks Act and Regulations should reflect this.

Whilst the term ‘holiday park’ may imply that residential use is not allowed, this will not be the case. Residential use will continue to be permitted, subject to zoning and local planning schemes.

It is not expected that a change in terminology to the term ‘holiday park’ will affect the marketing of facilities, as operators have previously, and will continue to be able to, title their facilities as they see fit. Therefore, there will be no financial impact on operators as a result of option (ii).

As it is proposed to develop a new Act rather than amend the existing one, it is important to ensure that terminology and definitions are reviewed and updated and, as much as possible, will remain relevant into the future, which is why option (ii) is recommended.

Where appropriate, this paper will refer to the definitions proposed in option (ii).

Recommendation

·    Option (ii)      Update definitions to reflect current terminology.

 

Guidance questions

·    Question 1:   Are there any additional definitions or terms that should be updated as part of the review? What are they?

·    Question 2:   Do you support the proposed changes to the terminology? Why or why not?

·    Question 3:   Can you identify any significant costs or benefits that would result from a change in terminology? What are they?

5.   What Will the Legislation Apply To?

5.1 Application of the legislation to facilities

Since the Caravan Parks Act took effect in 1997, there have been substantial changes to traditional caravan parks and what is required by users of these facilities. Caravan parks and camping grounds have evolved in recent years towards being mixed-use, including for residential and higher tourism use. Nature based parks are also being established which offer a range of facilities, from lower level basic facilities to higher end luxury safari camps.

Issues

The issue is that the current provisions have resulted in anomalies that do not allow the objects of the Caravan Parks Act to be met. Different planning policies, zoning, building legislation and the complexities of the Caravan Parks Act have created confusion on the legality of placing certain types of accommodation in caravan parks.

A specific example of the complexities is that the current definition of ‘caravan’ includes ‘park homes’. This has meant that land which should be used to improve and promote caravanning and camping (in accordance with the objects of the Caravan Parks Act) has been available for the development of residential, long-stay park home parks. Long-term use will continue to be permitted in holiday parks under the new legislation. 

Objective

The objective is to ensure that the scope of the Caravan Parks Act is appropriate for the needs of the industry and provides protection to both users and the environment now and into the future.

Consultation feedback

In the first round of consultation, it was proposed that the new legislation should focus on holiday parks and relevant holiday accommodation, rather than long-stay park home parks. It was also proposed that park homes and rigid annexes should be regulated under the Building Act rather than the Caravan Parks Act.

Approximately 68 per cent of submissions supported the proposal for park home parks to be recognised as residential developments rather than holiday parks. Most submissions also supported park homes coming under the jurisdiction of the Building Act, although it was noted that park home owners could lose their park homes if the homes were treated as fixtures if a facility goes into receivership. While these concerns are noted, the new legislation is not expected to change how park homes are treated in these circumstances. Security of tenure in long-stay parks is regulated by the Residential Parks (Long-Stay Tenants) Act 2006. That Act is currently being reviewed by the Department of Commerce – Consumer Protection. Documentation related to the review of that Act can be accessed on the Department of Commerce’s website at www.commerce.wa.gov.au/consumer-protection/residential-parks-review-2012.  

Feedback received noted that it should not be the responsibility of the Caravan Parks Act to determine what buildings are allowed on land designed for caravans or camping; rather, this should be determined through the planning process. This is consistent with the objects of the Review, which include increased flexibility for operators.

Options

(i)         Status quo

This option proposes no changes to what is covered under the existing legislation.

In accordance with the Caravan Parks Act, a facility, which means a caravan park or camping ground, cannot operate without a licence.

Under the current Caravan Park Regulations, a park home is considered a caravan, enabling park home parks to be established on caravan park land. Park homes are allowed on a licensed caravan park, but chalets and/or cottages are not.

Stopping on the road in roadside rest areas for up to 24 hours will continue to be permitted under other legislation. The management of roadside rest areas is discussed further in this paper at Section 5.

(ii)        A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of such sites, to be eligible for an approval to operate

This option proposes that for the purpose of simplifying when the legislation applies, if a facility has two or more sites designated for short-stay accommodation vehicles and/or tents, the facility would be considered a holiday park and an approval to operate would be required.[1] An approval to operate would take the place of a licence. Park home parks and other residential developments consisting mostly of park homes for the purpose of long term residential living, which do not provide at least 10 designated short-stay sites for tents and/or accommodation vehicles, will not be considered holiday parks for the purposes of the Caravan Parks Act. Alternatively, a required percentage of sites must be designated for short-stay accommodation vehicles and/or tents for a residential park home park to qualify for an approval to operate under the Caravan Parks Act.

It is proposed that holiday parks and camping grounds would have to obtain an approval to operate (in the form of a certificate which must be publically displayed in the office – this is addressed under Section 6), and prepare a management plan (addressed under Section 8). The legislation will not specify the mix of accommodation allowed on the facility; rather, it will focus on the health and safety of users and protecting the environment. The approval of buildings provided on a facility will be determined through the planning process. The mix of accommodation will be a matter for local planning schemes and regulated at the local government level.

This option also proposes that all buildings on a facility, including transportable buildings, must be compliant with the Building Act, and would therefore be regulated under that Act rather than captured by the Caravan Parks Act. This includes accommodation vehicles which have been converted into buildings for the purposes of permanent habitation (refer to Section 10).

If this option is preferred, it is suggested that the following provisions are adopted:

·    Any facility that provides two or more sites designated for accommodation vehicles and/or tents requires an approval to operate

·    Any residential development consisting mostly of park homes for the purposes of long-term residential living must provide 10 designated sites for short-stay accommodation vehicles and/or tents, or a prescribed percentage of such sites, to be eligible for an approval to operate

·    Residential parks already established on caravan park or tourism zoned land will continue on that land; however, proposed new residential park developments should not access caravan park or tourism zoned land in the future

·    Land zoning, local planning schemes and other planning instruments will determine the types of accommodation allowed on a park, with the mix of accommodation types forming part of the approved management plan (see Section 8)

·    Unless owned by the owner of the facility, any buildings and associated structures on that facility must be transportable

·    All buildings, including transportable buildings, must be compliant with the Building Act, and

·    Park homes are to be treated as buildings under the Building Act and must comply with the relevant provisions of that Act. Park homes will no longer be considered caravans or captured under the Caravans Act.

Discussion

Under the current Caravan Parks Act, there are a range of provisions which do not appear to align with its objects, including to promote caravanning and camping and to protect the health and safety of users. If option (i), to maintain the status quo, is adopted, it will allow these inconsistencies to continue. This includes allowing park home parks to be built on caravan park-zoned land, which should be used for the purposes of encouraging caravanning and camping through the provision of caravan parks. Additionally, in accordance with the current legislation, park homes are required to have wheels, which are an unnecessary and costly impost to builders when there is never an intention for them to be readily moved. Nor is there an identifiable added safety benefit in making park homes transportable.

The overarching principle of option (ii) proposes an entirely different set of guidelines to support holiday parks and camping grounds. The general principle is that any facility making available two or more campsites for accommodation vehicles and/or tents requires an approval to operate. If a park home park facility, such as a development consisting predominantly of park homes for the purposes of residential living, does not provide 10 or more short-stay sites for accommodation vehicles and/or tents, then it is not classed as a holiday park under the Caravan Parks Act. It may also be an option for the legislation to prescribe a set percentage of sites be designated for short-stay accommodation vehicles and/or tents rather than a set figure. Prescribing a percentage of sites relative to the size of the facility may be more flexible for the range of different facilities provided across the state. Alternatively, if a smaller facility, such as a farm stay, wished to provide short-stay camp sites and provided two such sites, it would be captured under the legislation and have to comply with the minimum standards. This option would create a simple framework which easily allows facilities to determine if they need to be approved under this legislation. It also ensures that people staying in temporary accommodation that is not a building have health and safety protection.

Option (ii) also proposes that anything on a facility that is not a licensed vehicle or tent must be compliant with the Building Act. The Building Act already contains provisions applicable to transportable buildings, and therefore it is appropriate for these buildings to be captured under those existing provisions rather than requiring potentially onerous and expensive retroactive changes to such buildings in order to make them compliant with the Caravan Parks Act.

As owners of buildings in a park (other than the park owner) have no rights to the land on which they are located, these buildings will be required to be transportable and remain transportable. This protects the asset and title of the owner, allowing them to be relocated if the park closes or is redeveloped. The owner of a facility will be able to provide a flexible range of accommodation types subject to planning requirements and their approved management plan.

A significant impact as a result of option (ii) is that park home park developers will lose the ability to access land zoned for caravan parks. Although it is ultimately a decision for each local government to allow park home park developers access to caravan park and tourism zoned land (provided such use is consistent with the local planning scheme), such use of the land should be discouraged. The argument is that these parks provide a low cost accommodation solution. However, the object of the Caravan Parks Act is not to provide low cost accommodation options, but to encourage caravanning and camping. Option (ii) will address this. The availability and zoning of low cost land for these developments should be addressed by alternative means, but is not within the scope of this review. Parks intended primarily for long-stay, residential or non-tourism purposes should be accessing land zoned for Special Use – Park Home Park.

It is important to note that under option (ii), existing park home parks would remain on the land they are already established on, regardless of the zoning discrepancy. However, proposed new park home park developments should no longer be able to access caravan park or tourism zoned land in the future. If option (ii) were adopted and park home parks were no longer captured by the Caravan Parks Act, this would apply to existing and potential new developments. Given that park homes are likely to be seen to be ‘buildings’, subject to the removal of the current ‘park home’ exemption in the Building Regulations, they would require a building permit under the Building Act. It is expected that, for the purpose of ensuring compliance with the Building Code of Australia, future buildings located in park home park developments going forward could be assessed and regulated under the Building Act rather than the Caravan Parks Act.

To ensure that the Caravan Parks Act encourages and supports caravanning and camping in Western Australia, it is recommended that option (ii) is adopted. The new legislation will focus on protecting the health and safety of users and the environment, and address the interaction between these users and other accommodation types provided on a facility.

Recommendation

·    Option (ii)      A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of the sites, to be eligible for an approval to operate.

 

Guidance questions

·    Question 4:   Are there any circumstances where this recommendation will not capture facilities that should be licenced? Please provide examples.

·    Question 5:   Is it appropriate for residential park home park developments to be regulated under the Building Act and Code rather than the Caravan Parks Act? Why or why not?

·    Question 6:   Do you agree that a residential park home park must provide a set number (for example, 10) of designated short-stay sites to be eligible for an approval to operate under the Caravan Parks Act? Why or why not?

·    Question 7:   Should residential park home parks instead set aside a prescribed percentage of the facility for short-stay use? What should that percentage be?

·    Question 8:   Can you identify any additional costs or benefits arising from this option? What are they?

5.2 Camping at a place other than an approved facility

It is a requirement under the Caravan Parks Act that a facility making available sites for accommodation vehicles and/or tents is approved; however, there are circumstances where camping also occurs on land outside of a recognised facility (such as on private property).

Under the Caravan Parks Regulations, a person may camp for up to three nights in any period of 28 consecutive days on land with the approval of the owner. To camp for longer than this period of time, approval must be sought. Such approval can be granted by the local government for up to three months or the Minister for Local Government (the Minister) for longer than three months.

 

 

Issues

It is important to acknowledge that people camp on private property for a range of reasons and for different lengths of time. In addition to potentially disturbing neighbours, camping of this type may have a significant impact on the environment and the health and safety of the campers may not be assured, especially if there is limited access to necessary health and hygiene facilities such as toilets, water or dump points.

One significant area of demand is the requests to camp for extended periods of time outside holiday parks due to land owners needing accommodation on their property while they are building a home. This is particularly prevalent in rural and remote areas where local accommodation options are limited and there is a need to supervise or personally undertake the building work.

Objective

The objective is to ensure the health and safety of people who are staying in accommodation vehicles and/or tents outside of approved facilities.

Consultation feedback

No consultation has been undertaken on this matter.

Options

(i)         Status quo

Under this option, a person is allowed to camp on land outside of a holiday park or camping ground for three nights in any 28 day period if they have the approval of the land owner. For periods greater than this length of stay, a local government may grant an application for up to three months, or for longer periods, the Minister may grant approval.

(ii)        Local governments can grant unlimited approvals to the landowner to offer a campsite for an accommodation vehicle and/or tent for up to three months at a time subject to appropriate consultation and risk assessment

Under this option, it is proposed that if a person wants to camp outside of an approved holiday park or camping ground (for example, on private property) for any period greater than three nights in any 28 days, approval can be sought from the local government. Approval will also be required if a landowner intends to make their property available to campers for more than three nights in any 28 day period.

This option is not intended to allow for multiple accommodation vehicles and/or tents to camp outside of holiday parks or camping grounds. It is proposed that allowing more than one accommodation vehicle and/or tent on a site would require a different class of approval to operate – this would be known as an event approval. This is discussed further at Section 7.

A local government will be able to grant an approval for up to three months at a time, subject to consultation with any affected neighbours and a thorough risk assessment of the conditions. Consideration will also need to be given to the feasibility of staying in an approved facility rather than camping outside of one.

Applications must be submitted by the landowner, who will need to prepare a simplified management plan to address basic health and safety concerns, including access to water, waste management and reducing the environmental impact of the stay (refer to Section 8 for more information on management plans). Applications will need to be accompanied by a fee to cover the administration and inspection cost involved.

It is proposed that local governments can grant unlimited renewals; however, each renewal will require a complete review of the circumstances. If a local government refuses an application, the applicant will be able to appeal directly to the State Administrative Tribunal (SAT).

If this option is preferred, it is suggested that the following provisions are adopted:

·    A person may camp for up to three nights in any 28 day period on land where the landowner has given permission

·    A landowner may apply to the local government seeking approval for a person to camp longer than three nights but not more than three months. This includes if the intention is to make their property available for more than three nights in any 28 day period

·    Applications will need to be accompanied by a prescribed fee

·    Only one accommodation vehicle and/or tent is allowed on the property at any time without an event approval

·    A local government must consult with the affected neighbours, consider the health and safety of users, impact on the environment and feasibility of staying in an approved facility before an approval can be granted

·    A local government can continue to renew an approval; however, a full assessment is required with each renewal

·    A management plan must be submitted with each application which addresses basic health and safety concerns, including waste management and access to water, and

·    If a local government refuses an application, the applicant can appeal to the SAT.

(iii)       Local governments can grant approval to camp up to three months at a time subject to appropriate consultation and risk assessment. An extension can only be approved four times, following which a request for approval may be made to the Minister or CEO of the department

This option is similar to option (ii); however, it provides that a local government can only approve an application four times, following which an application can be made to the Minister, or CEO of the department, for a further extension. This would effectively allow a person to camp for up to 12 months at a time before Ministerial or departmental approval is required.

It is expected that 12 months is a sufficient period of time in the majority of cases and that Ministerial or departmental approval would only be necessary in exceptional circumstances.

If this option is preferred, it is suggested that the following provisions are adopted:

·    A person may camp for up to three nights in any 28 day period on land where the owner has given permission

·    A landowner may apply to the local government seeking approval for a person to camp for longer than three nights but not more than three months. This includes if the intention is to make their property available for more than three nights in any 28 day period

·    Applications will be accompanied by a prescribed fee

·    Only one accommodation vehicle and/or tent is allowed on the property at any time without an event approval

·    A local government must consult with the affected neighbours, consider the health and safety of users, impact on the environment and feasibility of staying in an approved facility before an approval can be granted

·    A management plan must be submitted with each application which addresses basic health and safety concerns, including waste management and access to water

·    A local government can only renew an extension three times (for a total stay of 12 months), and

·    Following four approvals by the local government, an application can be made to the Minister, or the CEO of the department, for approval.

Discussion

All three options recognise that a person may need to seek approval to camp for a period of time outside the scope of the legislation. Under option (i), the applicant is the person who wants to camp, whereas in options (ii) and (iii), the applicant is the landowner, who bears the onus of seeking that approval.

Options (ii) and (iii) reflect the emphasis placed on protecting the health and safety of users and the environment, as they propose a range of factors that must be considered before approval can be granted. Such considerations are not mandatory in option (i), which is not in line with the objectives of the review.

It is acknowledged that there are times when a person may need to camp in an accommodation vehicle or tent for an extended period of time. However, in these circumstances, it is important that the occupier’s health and safety is protected and there is no significant impact on neighbours or the environment. It is appropriate that landowners who allow such camping on their property take greater responsibility for and ownership of the process.

Option (ii) gives local governments the autonomy to make decisions on whether a person should be allowed to camp on private property and for how long. The legislation will, however, provide guidelines around what a local government must consider before granting approval. This would ensure that the objectives of the new Caravan Parks Act are met. Additionally, approvals can only be granted for three months at a time, following which a full review of the circumstances is required. Even though this places an administrative burden on both applicants and local governments, it is important that the circumstances are reviewed after three months to ensure there are no significant impacts on the neighbours or environment and that there is still a genuine requirement to camp outside of a facility.

Option (iii) operates in the same manner as option (ii); however, a local government can only approve an application four times (for a total of 12 months’ stay on the land), following which an application must be made to the Minister or CEO of the department. The purpose of this is to introduce a second party to critically review applications. This process will place an administrative burden on the department to assess applications. To simplify the process and reduce the expectation that applications are automatically approved, guidance material such as a policy and application form would be prepared by the department.

Under option (ii), if a local government refuses an application, the applicant can appeal to the SAT. Under option (iii), if a local government declined any of the four allowable applications, applicants could seek review of that decision by the Minister or CEO of the department. It is important to ensure that applicants have an alternative means for their application to be reviewed; however, when considering applications to the Minister or CEO of the department for an extension of time to camp outside of an approved facility (greater than the already approved 12 month period), the department would contact the local government for background and comment. This does not necessarily allow for the independent review that the SAT provides.

There is a financial burden on local governments under options (ii) and (iii) to undertake inspections before approving an application; however, this will be addressed through the imposition of an appropriate fee. The cost to the applicant is likely to be significantly less than the cost of staying in an approved facility for the same length of time.

There has recently been an increase in landowners making their properties available to campers on both a paid and unpaid basis. To ensure that this practice does not impose undue inconvenience on neighbours, which is especially applicable in suburban areas with closer living quarters, and that the user’s health and safety is protected, options (ii) and (iii) propose that if the intention is to have a property available for more than three nights in any 28 days, approval must be sought from the local government. Requiring approval is a cost to the landowner, which may not be offset if the landowner is offering free accommodation; however, it is important to protect both the users and neighbours.

It is arguable that even though there is an impact on landowners and local governments, an application process is crucial to ensure the necessary objects of the legislation are met. As option (ii) gives local governments the discretion to determine what is best for their district without Ministerial or departmental intervention, this is the recommended option.

Recommendation

·    Option (ii)      Local governments can grant approval to camp for up to three months at a time subject to appropriate consultation and risk assessment.

 

Guidance questions

·    Question 9:   Is it appropriate to ask applicants who wish to make their property available for camping to provide a management plan outlining basic health and safety requirements (refer Section 8 for more information)? Please provide reasons why or why not.

·    Question 10: Is it appropriate for local governments to undertake a complete review of the circumstances every three months? Why or why not?

·    Question 11: Should local governments have the autonomy to decide how long a person is allowed to camp on private property in their district? Why or why not?

·    Question 12: What are the potential costs and benefits of allowing people to camp outside of approved facilities for extended periods of time?

5.3 State government and local government facilities

Holiday parks and camping grounds are not only owned or operated by private operators. Local governments and state government agencies, such as the Department of Parks and Wildlife (DPaW), operate their own facilities. DPaW owns approximately 300 facilities, directly operating around 260 of those facilities, and are the biggest park provider in the state. Under the current Caravans Park Act, facilities operated by public sector bodies are exempt.

This exemption applies only to a public sector body as defined in the Public Sector Management Act 1994, and not to local governments. This means that, if a local government operates a facility, it must ensure compliance with the prescribed standards, but a state government agency is not under this same obligation.

Caravan parks and camping grounds operated by DPaW are already managed under the Conservation and Land Management Act 1996 (CALM Act) and associated regulations. In accordance with the CALM Act, DPaW has introduced a management regime which includes issuing lessees a lease for approximately 40 years based on a comprehensive management plan submitted by the lessee. The development and operation of camping grounds on CALM land are governed by the Conservation Commission of Western Australia.

Issues

The exemption of public sector bodies from the provisions of the Caravan Parks Act has resulted in a perception that different standards apply to facilities on Crown land compared to private and local government facilities, notwithstanding the significant regulation of DPaW sites under the CALM Act.

Consideration must also be given to how a local government or state government facility is licenced and how compliance could be enforced.

Objective

The objective is to ensure that all facilities, regardless of who owns or operates them, have minimally acceptable standards for the health and safety of users and protection of the environment.

Consultation feedback

Feedback has previously been sought on the proposal that all caravan parks, regardless of the operator, should be required to comply with the same health and safety standards.

A majority of respondents supported this approach. Concerns were raised however that it may increase red tape and reduce the ability of the state to deliver low-cost caravanning and camping options if DPaW facilities, which are predominantly nature-based parks, are required to be upgraded to achieve the health and safety standards specified in the Caravan Parks Act for holiday parks.

Options