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

 

25 August 2016

 


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 25 August 2016                                                                        Page 4 of 8

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C MIthcell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

2015

17 December

 

 

 

 

 

 

 

 

 

2016

25 February

 

 

 

 

A

 

 

 

 

2016

31 March

 

 

 

 

LOA

 

 

 

 

2016

28 April

 

LOA

A

LOA

LOA

 

 

 

 

2016

26 May

 

 

A

 

 

 

LOA

 

 

2016

30 June

 

LOA

 

 

 

 

 

 

LOA

2016

28 July

 

 

 

 

 

 

 

 

 

 

·       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 25 August 2016                                                                                     Page 5 of 8

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 25 August 2016

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. 8

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

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     SHORT TERM INTINERANT CAMPING FACILITY FEASIBILITY. 12

9.1.2     DRAFT COMMUNITY SAFETY PLAN FOR ENDORSEMENT FOR PUBLIC COMMENT. 70

9.1.3     APPOINTMENT OF COUNCIL MEMBERS AND MEETING DATES FOR THE ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE. 112

9.1.4     FEE CONCESSION FOR WASTE DISPOSAL CHARGES. 125

9.1.5     BRAC TRADING HOURS - AMENDMENT FOR AQUATIC UPGRADE. 126

9.1.6     CHINATOWN REVITALISATION PROJECT - CULTURAL CENTRE WORKING GROUP AND AUTHORITY OF THE CHIEF EXECUTIVE OFFICER. 129

9.2      Our Place. 135

9.2.1     DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE. 136

9.2.2     PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA.. 159

9.2.3     APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS. 227

9.2.4     SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015. 236

9.2.5     REVIEW OF LPP 8.23 - PUBLIC CONSULTATION - PLANNING MATTERS. 282

9.2.6     WALLAL DOWNS STATION GROUP - REQUEST FOR COMMENT FROM STATE HERITAGE OFFICE ON AMENDMENTS TO THE INTERIM REGISTRATION AND POSSIBLE PERMANENT REGISTRATION.. 299

9.2.7     SHIRE OF BROOME MUNICIPAL INVENTORY OF HERITAGE PLACES - ANNUAL UPDATE. 333

9.2.8     BROOME SURF LIFESAVING CLUB 2017-2018 CSRFF ANNUAL FORWARD PLANNING GRANT APPLICATION.. 355

9.2.9     PETITION TO STOP MULTI-STOREY DEVELOPMENTS NEAR CABLE BEACH.. 362

9.2.10  EVENTS APPROVAL - SHINJU MATSURI 2016. 391

9.3      Our Prosperity. 399

9.3.1     Proposed Amendment to Broome Growth Plan Partnership. 400

9.4      Our Organisation.. 434

9.4.1     MONTHLY PAYMENT LISTING - JULY 2016. 435

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016. 458

9.4.3     APPLICATION TO CHANGE IN METHOD OF VALUATION FROM UNIMPROVED VALUE TO GROSS RENTAL VALUE BROOME ROAD INDUSTRIAL ESTATE SUBDIVISION AND PARTIAL WRITE OFF OF 2015/2016 INTERIM RATES AND PENALTY INTEREST FOR ASSESSMENT A306429. 571

9.4.4     REVIEW AND AMENDMENTS TO POLICY 2.1.3 RATES DEBT RECOVERY. 580

9.4.5     2016/2017 CHRISTMAS CLOSURE. 587

10.            Reports of Committee. 592

10.1      YAWURU PARK COUNCIL PROGRESS REPORT - JUNE 2016 MINUTES. 593

11.            Notices of Motion.. 607

12.            Business of an Urgent Nature. 607

13.            Questions by Members Of Which Due Notice Has Been Given.. 607

14.            Matters Behind Closed Doors. 607

9.1.4  FEE CONCESSION FOR WASTE DISPOSAL CHARGES. 607

15.            Meeting Closure. 607

 


AgendaOrdinary Meeting of Council 25 August 2016                                                                                     Page 7 of 8

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 25 August 2016 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

K R DONOHOE

Chief Executive Officer

 

18/08/2016

 


AgendaOrdinary Meeting of Council 25 August 2016                                                                                     Page 8 of 9

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 28 July 2016 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:

9.1.4      FEE CONCESSION FOR WASTE DISPOSAL CHARGES

Item 9.1.4 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 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”.

 

 

 


 

 

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 25 August 2016                                                                                 Page 12 of 13

 

9.1.1      SHORT TERM INTINERANT CAMPING FACILITY FEASIBILITY

LOCATION/ADDRESS:                            Road Reserve, cnr Broome and Gubinge Roads

APPLICANT:                                              Nil

FILE:                                                           LPA01

AUTHOR:                                                   Manager Community Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 August 2016

 

SUMMARY:         This report presents a Feasibility Assessment prepared by KPP Business Development regarding an Itinerant Visitor Campground Facility, recommends Council’s endorsement and seeks approval to proceed with the development of a Business Case for such a facility.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 16 April 2009                        Item 12.1

OMC 29 October 2009                 Item 9.1.3

OMC 1 September 2011              Item 12.3

OMC 16 February 2012                Item 9.1.1

OMC 24 July 2014                          Item 12.1

OMC 27 November 2014             Item 9.2.1

 

At the Ordinary Council Meeting held on 27 November 2014, it was resolved;

That Council:

1)      Authorises the Chief Executive Officer to approach the Department of Lands and Main Roads Department to consider the development of a Visitors Camping area at the Intersection of Broome Road and Gubinge intersections

 

2)      Requests the Chief Executive Officer to prepare a site plan for the Visitor Camping area in consultation with Yawuru, Commonwealth and State Agencies to determine infrastructure needs and levels of service to be provided at the Visitor Camping area inclusive of cost determinations and report back to Council at the earliest possible opportunity.

 

3)      Authorises the Shire President to write to Minister’s Scullion and Collier expressing the Councils’ dire concern that the closure of Indigenous communities in the Dampier Peninsula and wider Kimberley Region will have consequences on regional communities and requests what mitigation strategies inclusive of housing developments are being contemplated by the Commonwealth and State to ensure that Homelessness does not escalate in Broome as a result of the Governments decisions.

4)      Writes to the Nyamba Buru Yawuru Ltd thanking them for their offer for the development of a Short Stay Hostel Accommodation facility to be developed on Dickson Drive Broome.

 

5)      Writes to the Director General of the Department of Housing identifying the Short Stay Hostel Accommodation facility offer from Nyamba Buru Yawuru Ltd on Dickson Street, Broome to be a suitable location for the future development of a managed Short Stay Hostel similar to the facility developed at Derby as its preferred option.

 

The Shire approached the Department of Lands and Main Roads Department in accordance with Item 1 of this resolution and received a letter of support with some conditions (see attached correspondence).  With regard to Items 3, 4 and 5, the relevant correspondence was sent and Council would be aware that the Short Term Hostel initiative is progressing with funding from the State Government and managed by the WA Housing Authority.

 

With regard to Item 2 above, following this resolution, an action was identified in the Corporate Business Plan to undertake a feasibility and business case for the development of a short term itinerant camping facility.  A scope was developed in collaboration with the Department of Indigenous Affairs and quotations were sought from suitably qualified consultants in accordance with the Shire’s procurement policy.  In April this year, KPP Business Development (KPP) was engaged to undertake this work. 

 

The project scope was broken down into two stages;

1.       Feasibility – including marketing analysis, an overall plan incorporating land tenure, concept plan (including services, layout, infrastructure) and cultural considerations, and an assessment of the financial viability of the project.  This stage also required a risk assessment and identification of any fatal flaws.

2.       Business Case – detailed design brief, costings, asset management considerations, operational modelling and consultation with service providers.

It was envisaged that the Feasibility would be the determinant regarding the progression of a detailed business case.  Therefore, this report presents the feasibility study developed by KPP for consideration and seeks Council’s direction with regard to progressing this initiative further.

  

COMMENT

 

The attached Feasibility outlines the methodology used to determine the viability of the project and includes;

-        Review of previous reports, correspondence and information and preparation of a draft concept;

-        Identification of and consultation with key stakeholders to test the draft concept and proposed site, refine plans and develop options for operation and management; 

-        Preparation of detailed plans, data analysis and recommendations.

 

The following excerpt from the Executive Summary provides an overview of KPP’s findings;

 

Overall, the project is considered to be feasible, subject to funding being available for construction and ongoing operations. There are a number of site constraints but none of them are considered ‘fatal flaws’.

 

The feasibility assessment has found that the Campground targets a specific cohort of people who do not access other accommodation and services already provided in Broome; The Campground is considered to be an important element needed to improve the social and wellbeing outcomes for the most marginalised of Indigenous people who visit Broome. It is predicted that the Campground would achieve its best outcomes if it was linked to a Return to Country program, a service that is also currently needed but not funded.

 

The feasibility assessment involved a desktop review of previous reports and data relating to Indigenous homelessness and transience within Broome. The desktop review reveals that of approximately 100 people involved in drinking in public places around Broome on an average day, around 30 to 40 of these individuals are Indigenous visitors with no private place to stay, are not utilizing the Sober Up shelter and are sleeping ‘rough’ around Broome. This cohort come to Broome from across the Kimberley for various reasons, and often find it difficult to return to their home communities.

 

A draft concept plan and proposed site for the Campground was presented to a range of key stakeholders, including Government, non-government service providers and members of the targeted cohort for the Campground. Overwhelmingly the project was supported and no ‘fatal flaws’ were identified by key stakeholders. However, it was noted the site has some constraints including location, difficulty of access to water and sewerage services, visibility of the site at ‘the gateway’ to Broome, proximity to the mangroves (and sandflies), and difficulty of access for foot and vehicle traffic. It was agreed by stakeholders that the site should only be available to adults, and all families with children would need to utilize the planned short term hostel.

 

Centacare was identified as the most likely service provider capable of, and interested in, running the Campground facility. Their breakfast program clientele form the core cohort of people who are being targeted by the Campground and they have a good track record of working with local Indigenous people. They have also been key drivers of a Return to Country program, which should be funded as part of service delivery for the Campground. Centacare have advised they would only agree to operate the Campground if adequate funding is committed and there is widespread support from other key stakeholders.

 

Recommendation

KPP considers the project to be feasible subject to sufficient funding being secured for both the capital and operational costs of the facility, and a contract being entered into with Centacare for the management of the facility.  In addition, KPP recommends that Centacare’s “Return to Country” program is included as an integral component of the facility in order to better realise social and community outcomes.  A list of KPP’s recommendations intended to guide the development of a business case can be found on Page 30 of the attached Feasibility.

Therefore, Officers are proposing that Council endorses the Feasibility as attached to this report and authorises the Chief Executive Officer to proceed with Stage 2 of the project: to develop a detailed business case that can be used to advocate for and secure funding for an Itinerant Visitor Campground.

 

CONSULTATION

 

The Shire’s 2015 Community Perceptions Survey identified antisocial behaviour including street drinking, drunkenness and violence, itinerants and rough camping as issues of significant concern to the community.  In addition, local businesses have contacted the Shire and Police regarding issues affecting their clients and the general amenity of the town.

The scope of the project included the following stakeholder engagement requirements.

 

The consultant will be required to meet with key internal and external stakeholders to review the existing provision of services and to identify specific needs. It is envisaged that such stakeholders will include but may not be limited to;

·        Councillors, Executive staff and relevant Shire Officers

·        Government agencies including Department of Aboriginal Affairs, Department of     Housing, Department of Child Protection, WA Police,       Department of Justice,      Department of Health

·        Nyamba Buru Yawuru, Kimberley Institute, Broome Regional Aboriginal Medical         Service

·        Non-government Service Providers including Kullarri Patrol, Centacare, Milliya Rumara and Broome Sober Up Shelter, Men's Outreach, Marnja   Jarndu Women’s        Refuge

·        Community groups and individuals (ie Broome Homelessness Action Group, Broome           Alcohol Management Group)

 

KPP consulted the following stakeholders during the development of the attached Feasibility;

-        Department of Aboriginal Affairs

-        Sober Up Shelter

-        Department of Child Protection

-        Homelessness Action Group

-        Shire of Broome

-        Women’s Refuge

-        WA Police

-        Kullarri Patrol

-        Centacare

-        Men’s Outreach Services

 

Further stakeholder engagement is anticipated to take place during the development of the Business Case.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Subdivision 1 — Performing executive functions

3.18.  Performing executive functions

      (1)     A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

      (2)     In performing its executive functions, a local government may provide services and facilities.

      (3)     A local government is to satisfy itself that services and facilities that it provides — 

                 (a)     integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body; and

                 (b)     do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

                 (c)     are managed efficiently and effectively.

 

POLICY IMPLICATIONS

 

5.1.10         Community Engagement

 

FINANCIAL IMPLICATIONS

 

KPP provides the following commentary regarding proposed costs of the facility (full details can be found on Pages 27-28 of the attachment);

 

The full scale version as drawn in the Concept plan is estimated at $2.5M and would cater for up to 70 people. However, based on desktop analysis, Stakeholder input and anecdotal evidence it is recommended the smaller scale pilot be proposed in the Business Case. In this case, the total construction cost for a pilot project is estimated at $1.8M, providing capacity for up to 40 people per night.

 

Operational costs are estimated to be in order of $650,000 per annum and involve a full time site presence and 24 hour security. The Campground is projected to service around 1100 individuals (staying approximately 10 nights on average) over the course of a year.

 

The table below outlines the costs incurred to date to develop the Feasibility and the proposed cost to develop the Business Case:

 

Description

Cost (excl. GST)

GL account

Feasibility Study

$37,541

 

23450

 

Business Case

$17,127

Travel and disbursements

$ 1,546

Total

$56,214

Costs incurred to date are $37,541.  Should Council agree to progress to a Business Case, additional costs of $18,673 will be incurred in accordance with the agreed price quoted in KPP’s response to RFQ 16/01.  This project was budgeted in 2015/16 and the outstanding amount has been identified as a carryover within the 2016/17 budget.

 

RISK

 

The scope of the project included a requirement for a Strategic Risk Assessment to be undertaken as part of the Feasibility which can be found on Page 29 of the attachment.  KPP has identified four key risk areas;

-     Funding

-     Management responsibility

-     Achievement of social and community outcomes

-     Negative public perception

 

KPP has outlined potential management strategies to address these risks and proposes that the Business Case should address these in greater detail.

 

Initial consultation indicates that there is general support for the concept of a short term camping facility for those ‘sleeping rough’ in Broome.  Should Council choose not to proceed to the development of a Business Case, it is likely that the Shire will be subjected to public criticism and the incidence of related social issue will continue to increase.  Furthermore, the development of a business case will provide the Shire with evidence to support its advocacy and funding efforts.  

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

Council is able to mobilise resources to deliver municipal service to indigenous communities that are compliant, effective and within Council’s capacity.

 

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:

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives the Feasibility Assessment prepared by KPP Business Development as attached to this report.

2.       Requests the Chief Executive Officer to proceed with the development of a Business Case for an Itinerant Visitor Campground Facility for Council’s consideration and to be used for the purposes of securing capital and operational funding.

3.       Requests the Chief Executive Officer to ensure that Stakeholder Engagement is undertaken during the development of the Business Case in accordance with Council’s Community Engagement Policy.

 

Attachments

1.

Itinerant Visitor Campground Feasibility Assessment

2.

Correspondence

  


Item 9.1.1 - SHORT TERM INTINERANT CAMPING FACILITY FEASIBILITY

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                                 Page 70 of 71

 

9.1.2      DRAFT COMMUNITY SAFETY PLAN FOR ENDORSEMENT FOR PUBLIC COMMENT

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Nil

FILE:                                                           CDE42

AUTHOR:                                                   Youth and Community Development Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    2 August 2015

 

SUMMARY:         This report presents a draft Community Safety Plan for the Shire of Broome for Council’s consideration. Officers are seeking Council’s endorsement of the draft plan to be advertised for public comment for a period of six weeks. A Community Safety Plan will guide the actions undertaken by the Shire in partnership with community organisations, government agencies and the community to reduce the risk of crime and anti-social behaviour and improve community perceptions of safety.

 

BACKGROUND

 

Previous Considerations

 

OMC 20 January 2004                  Item 9.1.3

OMC 23 March 2004                    Item 9.1.2

OMC 17 August 2004                    Item 9.1.5

OMC 30 November 2004             Item 9.1.5

OMC 16 April 2004                        Item 9.2.1

OMC 7 July 2011                            Item 9.3.6

OMC 27 February 2014                Item 9.1.2

OMC 15 October 2015                 Item 9.1.3

OMC 26 November 2015             Item 9.4.5

OMC 25 February 2016                Item 9.1.2

 

At the Ordinary Meeting of Council (OMC) held on 15 October 2015, it was resolved to establish a Community Safety Working Group to develop a Community Safety Plan for the Shire of Broome.  At the OMC held on 26 November, it was further resolved;

 

Council Resolution:

Moved: Cr R Johnston                                             Seconded: Cr B Rudeforth

That Council:

1.         Establishes the Community Safety Working Group in accordance with the attached Terms of Reference,

2.         Nominates Cr M Croft to the Community Safety Working Group and Cr W Fryer be nominated as Deputy. 

3.         Requests the Chief Executive Officer to invite representation on the Community Safety Working Group from the following agencies:

 

·   1 x Broome Police

·   1 x Chamber of Commerce

·   1 x Nyamba Buru Yawuru

·   1 x Liquor Accord

·   1 x Kullarri Patrol

·   1 x Broome Youth and Families Hub

·   1 x Taxi services

·   1 x Broome Visitor Centre

 

4.         Updates the Terms of Reference accordingly.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

 

The first meeting of the Community Safety Working Group (CSWG) took place on 15 December 2015 where the group discussed the objectives of the CSWG, the community safety issues that have been identified and what is currently being done to address these issues.  It was agreed that representation from the Broome Hospital and the Department of Justice would be beneficial, so in accordance with the Terms of Reference, the Chief Executive Officer extended an invitation to both organisations who nominated representatives to join the group.

 

At the Ordinary Meeting of Council (OMC) held on 25 February 2016 an update was provided to Council on the activities of the Community Safety Working Group and progress towards the development of a Community Safety Plan. At this meeting Council resolved the following:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

That Council notes:

1.   The progress and activities of the Community Safety Working Group to date; and

 

2.   That the draft Community Safety Plan will be presented for Council’s endorsement prior to public consultation.

CARRIED UNANIMOUSLY 7/0

 

 

The Community Safety Working Group have continued to meet monthly to inform the development of the Plan.

 

COMMENT

 

The Plan will enable the Shire to work in partnership with key stakeholders to apply for funding and take advantage of opportunities to;

·    Increase community participation in crime prevention

·    Reduce anti-social behaviour and criminal activity

·    Increase community safety and the perception of community safety

·    Encourage and promote community pride and interaction

·    Improve community well-being

 

The Working Group has identified 4 priority areas for action from 2016-18.  These have been informed by recent community consultations, discussions with service providers, information provided at Community Safety Working Group meetings and research into community safety.

These priorities are to:

Priority 1:  educate and inform the community about community safety and crime prevention

Priority 2:  prevent actions and/or behaviours that impact negatively on community safety

Priority 3:  increase community engagement in and support for community safety approaches and activities

Priority 4:  investigate and implement ways that planning and infrastructure can impact positively on community safety and crime prevention.

 

For each priority area, desired outcomes have been articulated and used to inform the development of sustainable strategies and achievable actions to realise the outcomes desired. Some actions are aimed at resolving immediate problems, others seek to foster longer term change.

 

The Plan is intended to inform the upcoming review required under the Integrated Reporting Framework with consideration of the actions in the Plan for inclusion in the Shire’s Corporate Business Plan, Strategic Community Plan and annual budget process.

 

CONSULTATION

 

The Community Safety Plan has been developed in consultation with the Community Safety Working Group, with representatives from the following key stakeholders:

·    WA Police

·    Nyamba Buru Yawuru

·    Taxi services

·    Broome Chamber of Commerce

·    Broome Liquor Accord

·    Department of Justice

·    Kullarri Patrol

·    Broome Youth and Families Hub

·    Broome Visitor Centre

 

A community engagement plan has been developed in line with the Shire’s Community Engagement Framework to guide community consultation. In line with the framework the level of community engagement required for this project has been determined to be involve.

 

The establishment of the Community Safety Working Group is a key strategy in ensuring community engagement in this project and this group has been actively involved in the development of the draft plan.

 

It is recommended the draft Community Safety Plan is advertised for a period of six weeks to seek community feedback. The following strategies will be implemented to ensure adequate community engagement during the community consultation period:

·    Information on website/social media

·    Media Release

·    Promotional materials

·    Article in Shire news

·    Advertising – Shire News, WAFM

·    Canvass community views – email, face-to-face

·    Briefing session – Broome Community

·    Briefing session – Government agencies and community organisations

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Alcohol Management Policy

 

FINANCIAL IMPLICATIONS

 

An allocation of $30,000 has been included in the 2016/17 budget for the implementation of the Community Safety Plan with a further $25,000 to be sought in grant funding. Actions are prioritised for staged implementation in line with the timeframes outlined in the plan and will be implemented within available resources and budget.

 

RISK

 

The following table outlines the key risks identified with this project and the mitigation strategies proposed to address these risks in accordance with the Shire’s Risk Management Policy.

 

Risk

Type

Rank

Mitigation

Council does not adopt plan

Operational

High

Community engagement plan developed

Plan includes prioritised actions for staged implementation

Negative community feedback to plan

Reputational

High

Working group established

Community engagement plan developed

 

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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:

 

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

 

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

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council

1.       Endorses the DRAFT Community Safety Plan for the Shire of Broome for public consultation and requests the Chief Executive Officer to advertise the plan for a period of three weeks to seek community feedback. 

 

2.       Requests the Chief Executive Officer to provide a report to Council on submissions received through public consultation and present the final Community Safety Plan to Council for adoption.

 

Attachments

1.

Draft Community Safety Plan for the Shire of Broome

  


Item 9.1.2 - DRAFT COMMUNITY SAFETY PLAN FOR ENDORSEMENT FOR PUBLIC COMMENT

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 112 of 113

 

9.1.3      APPOINTMENT OF COUNCIL MEMBERS AND MEETING DATES FOR THE ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Nil

FILE:                                                           RCS12

AUTHOR:                                                   Manager Community Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    4 August 2016

 

SUMMARY:         This report requests Council to appoint Councillors and deputies to the Arts, Culture and Heritage Advisory Committee and seeks endorsement of the proposed meeting dates for the purposes of public advertising.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 6 September 2012              Item 9.1.2

OMC 1 November 2012               Item 9.1.2

OMC 21 November 2013             Item 9.4.6

OMC 2 June 2015                          Item 9.1.1

OMC 25 June 2015                        Item 9.1.1

OMC 26 November 2015             Item 9.4.5

OMC 28 July 2016                          Item 9.1.1 

 

At the Ordinary Meeting of Council held on 28 July 2016, Council resolved the following:

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

 

That Council re-appoint members to the Arts, Culture and Heritage Advisory Committee and endorse the Terms of Reference as attached to this report.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

 

This report seeks appointment of Councillors and Deputies to the Arts, Culture and Heritage Advisory Committee and endorsement of the proposed meeting dates for the purposes of public advertising.

 

COMMENT

 

The Terms of Reference adopted by Council pursuant to the above resolution provide for 3 Councillors and 3 Deputies to be appointed to the Committee and Council could choose to appoint Council members in accordance with the current Terms of Reference. However, at the Ordinary Meeting of Council held 25 November 2015 when Council reviewed its membership of Committees, the number of Councillors and Deputies appointed was reduced in most cases.  Therefore, officers are proposing that the Terms of Reference are amended (see attached) to reflect the appointment of 2 Council members and 1 Deputy to the Arts, Culture and Heritage Advisory Committee.

 

Regulation 12 of the Local Government (Administration) Regulations 1996 requires that where meetings are proposed to be open to the public, the Local Government is to publicly advertise the dates, times and place of the proposed meetings annually.  Therefore, officers seeks Council’s approval of the following meeting dates for public advertising;

 

Wednesday 21 September 2016 at 3.00pm

Wednesday 16 November 2016 at 3.00pm

Wednesday 15 February 2017 at 3.00pm

Wednesday 17 May 2017 at 3.00pm

 

It is proposed that all meetings are held in the Shire Committee or Function Room.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Division 2 – Council meetings, committees and their meetings and electors’ meetings

Subdivision 2 — Committees and their meetings

5.8.    Establishment of committees

A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

* Absolute majority required.

5.9.    Committees, types of

      (1)     In this section — 

               other person means a person who is not a council member or an employee.

      (2)     A committee is to comprise — 

                 (a)     council members only; or

                 (b)     council members and employees; or

                 (c)     council members, employees and other persons; or

                 (d)     council members and other persons; or

                 (e)     employees and other persons; or

                   (f)     other persons only.

5.10.  Committee members, appointment of

      (1)     A committee is to have as its members — 

                 (a)     persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and

                 (b)     persons who are appointed to be members of the committee under subsection (4) or (5).

               * Absolute majority required.

      (2)     At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

      (3)     Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.

      (4)     If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.

      (5)     If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish — 

                (a)      to be a member of the committee; or

                (b)      that a representative of the CEO be a member of the committee,

the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.

5.11A.        Deputy committee members

      (1)     The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.

* Absolute majority required.

      (2)     A person who is appointed as a deputy of a member of a committee is to be —

                 (a)     if the member of the committee is a council member — a council member; or

                 (b)     if the member of the committee is an employee — an employee; or

                 (c)     if the member of the committee is not a council member or an employee — a person who is not a council member or an employee; or

                 (d)     if the member of the committee is a person appointed under section 5.10(5) — a person nominated by the CEO.

      (3)     A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.

      (4)     A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.

[Section 5.11A inserted by No. 17 of 2009 s. 20.]

5.11.  Committee membership, tenure of

      (1)     Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

                 (a)     the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

                 (b)     the person resigns from membership of the committee; or

                 (c)     the committee is disbanded; or

                 (d)     the next ordinary elections day,

               whichever happens first.

      (2)     Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

                 (a)     the term of the person’s appointment as a committee member expires; or

                 (b)     the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

                 (c)     the committee is disbanded; or

                 (d)     the next ordinary elections day,

               whichever happens first.

 

5.25.  Regulations about council and committee meetings and committees

      (1)     Without limiting the generality of section 9.59, regulations may make provision in relation to — 

                 (g)     the giving of public notice of the date and agenda for council or committee meetings; and

 

Local Government (Administration) Regulations 1996

12.     Meetings, public notice of (Act s. 5.25(1)(g))

      (1)     At least once each year a local government is to give local public notice of the dates on which and the time and place at which —

                 (a)     the ordinary council meetings; and

                 (b)     the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,

               are to be held in the next 12 months.

      (2)     A local government is to give local public notice of any change to the date, time or place of a meeting referred to in subregulation (1).

 

POLICY IMPLICATIONS

 

Policy 5.1.2         Broome History Collection

Policy 5.1.9         Shire of Broome Shinju Matsuri Acquisitive Art Prize

Policy 5.1.6         Public Art

Policy 5.1.12       Broome Civic Centre Programming

LPP 8.6                Municipal Heritage Inventory

LPP 8.20              Provision of Public Art

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

While Section 5.9(f) of the Local Government Act 1995 provides for committees comprising only of ‘other persons’ (i.e. not council members), officers are recommending that Council appoints at least two Councillors to the Arts, Culture and Heritage Advisory Committee to ensure transparency.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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:

 

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

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Establishes the Arts Culture and Heritage Advisory Committee in accordance with    the attached Terms of Reference and with the appointment of the following membership:

·   Cr ________________, and Cr ________________ as members;

·   Cr ________________ appointed as Deputy;

·   Heritage Organisation delegate – Ms Sarah Keenan (Broome Historical Society)

·   Arts Organisation delegate – Ms Sandy Darrington (Nagula Jarndu)

·   Cultural Organisation delegate – Ms Sarah Yu (Nyamba Buru Yawuru)

·   Community delegate – Ms Eunice Yu

·   Community delegate – Ms Vanessa Margetts

·   Community delegate – Ms Gwen Knox

·   Community delegate – Ms Rani Middleton

2.       Requests the Chief Executive Officer to publicly advertise the following meeting        dates in accordance with Regulation 12 of the Local Government (Administration)     Regulations 1996;

·    Wednesday 21 September 2016 at 3.00pm

·    Wednesday 16 November 2016 at 3.00pm

·    Wednesday 15 February 2017 at 3.00pm

·    Wednesday 17 May 2017 at 3.00pm

(Absolute Majority Required)

 

Attachments

1.

ACHAC Terms of Reference 0816

  


Item 9.1.3 - APPOINTMENT OF COUNCIL MEMBERS AND MEETING DATES FOR THE ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE

 

 

 


Arts, Culture and Heritage Advisory Committee

 

This Committee is currently under review

 

At the OMC 26 November 2015, Council Resolved:

 

Council Resolution:

 

Moved: Cr R Johnston                                         Seconded: Cr B Rudeforth

 

That Council not appoint members to the Arts Culture and Heritage Committee at this time and request the Chief Executive Officer to undertake a review of Committee costs and objectives and report back to Council in March 2016.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

 

3 x Councillors

(including Deputy)

-

Cr____________

Cr ___________

Cr ___________           (Deputy)

 

7x Community Delegates

 

 

 

 

 

 

 

 

 

 

 

Chairperson/Deputy

 

 

 

-

 

 

 

 

 

1 x         Heritage Organisation

             Ms Sarah Keenan, Broome Historical Society

1 x         Arts Organisation

             Ms Sandy Darrington – Nagula Jarndu

1 x         Cultural Organisation

             Ms Sarah Yu, Nyamba Buru Yawuru

4 x         Community Representatives

             Ms Eunice Yu

             Ms Vanessa Margetts

             Ms Gwen Knox

             Ms Rani Middleton

 

                            (Chairperson);

                               (Deputy Chair)

 

Officer Responsible

-

Deputy Chief Executive Officer/Director Community and Economic Development

 

Standing Ex-Officio Members

 

Deputy Chief Executive Officer/Director Community and Economic Development

Manager Community Development

Meeting Schedule

-

Quarterly and other meetings as required

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Five (5) voting members as per Section 5.19 of the Local Government Act 1995

 

Delegated Authority

-

Nil

 

FUNCTIONS:

 

1.0        NAME

 

The name of the Committee is the Arts, Culture & Heritage Advisory Committee.

 

2.0        DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0        VISION / PURPOSE

 

To provide advice to Council on matters of Arts, Culture and Heritage.

 

4.0        STATUTE

 

Shire of Broome Standing Orders Local Law 2003

The Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) apply.

 

Shire of Broome Policies:

 

Policy 5.1.6     Public Art

 

Policy 5.1.9     Shinju Matsuri Acquisitive Art Prize

 

Various legislative instruments may apply including but not limited to:

 

Heritage of Western Australia Act 1990

 

Aboriginal Heritage Act 1972

 

Museum Act 1969

 

Copyright Act 1968

 

Copyright Amendment (Moral Rights) Act 2000

 

5.0        ESTABLISHMENT

 

Established by Council Resolution on 6 September 2012.

 

6.0        OBJECTIVES

 

1.   Provide advice to Council on matters relating to the Shinju Matsuri Festival such as;

a.   the scope of financial and in kind support provided to the festival; and

b.   participation in the Shinju Matsuri Acquisitive Art Prize.

 

2.       Provide advice to Council to guide the implementation of the Shire of Broome Public Art Policy and Local Planning Policy 8.20 and to make recommendations to Council relating to public art regarding the:

a.   commissioning model to be used for public art projects;

b.   selection of artist(s);

c.   approval of concepts and design.

 

3.       Provide input and advice regarding the allocation of funds for arts, culture and heritage activities for the Shire’s annual budget process.

 

 

7.0        MEMBERSHIP

 

7.1      General

Council will appoint three two elected members as Delegates and three one elected members as Deputies Deputy to the Committee.

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Arts, Culture and Heritage Committee the person’s membership of the Committee continues until —

 

·    The person no longer holds office by virtue of which the person became a member.

·    The person resigns from membership of the Committee.

·    The Committee is disbanded.

·    The Council removes the person from the Committee by resolution of Council.

·     For elected member Delegates, the next ordinary elections day

 

Officers may be appointed and removed from the Committee by the Director/s of the functional area responsible for the Committee.

 

8.0        DELEGATED AUTHORITY

 

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

 

9.0        COMMITTEE

 

9.1 Chairperson

The Chairperson and Deputy Chairperson to be elected by the Committee members.  The Chairperson is _________ and the Deputy Chairperson is __________.

 

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Committee membership.

 

9.2 Secretariat

This role is to be fulfilled by a Shire officer from the Community Development Directorate.

 

9.3 Standing Ex-Officio Members

Deputy Chief Executive Officer/Director Community and Economic Development, Manager Community Development or their delegate(s) will be standing ex-officio members.  Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.

 

10.0      MEETINGS

 

10.1    Annual General Meeting

N/A

 

10.2    Committee Meetings

The Chief Executive Officer will call meetings every three months and as required.

Committee meetings will be advertised as per statutory requirements.

 

10.3    Quorum

Five members including one elected member delegate.

 

10.4    Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.5     Minutes of Meetings

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

 

The Meeting Minutes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Minutes have been confirmed by members they are to be submitted to the Council Secretary be posted on the Shire’s website.

 

Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.6        Who Acts if No Presiding Member

If, in relation to the presiding member of the Committee:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7     Members Interests to be Disclosed

Members of the Arts, Culture & Heritage Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 125 of 126

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 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”.

9.1.4      FEE CONCESSION FOR WASTE DISPOSAL CHARGES

LOCATION/ADDRESS:                            A107120

APPLICANT:                                              RATE PAYER

FILE:                                                           MAR-1/2; RES 40813.9

AUTHOR:                                                   Waste Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Chief Executive Officer

DISCLOSURE OF INTEREST:                     NIL

DATE OF REPORT:                                    10 August 2016

 

SUMMARY:         This report considers an application to waive waste disposal charges for all waste relating to the demolition of the dwelling at A107120. The report is an exceptional provision based on financial hardship. The report recommendation finds in favour of the applicant and recommends a 50% fee concession in line with the current Shire Policy.

 

Attachments

1.

Letter to CEO re waiving of tip fees (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 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”.

2.

Additional information regarding property owner (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 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”.

3.

Policy 3.1.17 Fee Concessions at Waste Management Facility

  


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 126 of 127

 

9.1.5      BRAC TRADING HOURS - AMENDMENT FOR AQUATIC UPGRADE

LOCATION/ADDRESS:                            Cable Beach Road East, Broome WA 6725

APPLICANT:                                              Nil

FILE:                                                           TBA

AUTHOR:                                                   Manager Sport and Recreation

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 August 2016

 

SUMMARY:         The Broome Recreation Aquatic Centre (BRAC) Aquatic Upgrade commenced on 15 August 2016. This report requests an amendment to the trading hours of BRAC during the construction period to reflect the reduced operating capacity while the pool is closed for public works.

 

 

BACKGROUND

 

Previous Considerations

 

At the Ordinary Meeting of Council held on 28 July 2016, Council awarded the tender for the construction of the BRAC Aquatic Upgrade to local company Colin Wilkinson Developments Pty Ltd (CWD). The BRAC aquatic space was closed on 14 August 2016 with work commencing on 15 August 2016. The project schedule indicates a construction period of up to 26 weeks, with an expected completion date of 27 January 2017.

 

When at full operations, the ordinary trading hours of BRAC are as follows:

Day

Aquatic centre

Recreation centre

Monday - Thursday

0545 - 1930

0545 - 2100

Friday

0545 - 1830

0545 - 1930

Saturday - Sunday

0900 - 1700

0900 – 1700

Public holidays

1000 - 1700

1000 - 1700

 

COMMENT

 

The BRAC aquatic area is the primary reason for the centre opening at 5:45am each weekday morning. There is very limited activity or customers that attend the centre other than lap swimmers, Broome Barracudas Swim Club training or those taking part in the BRAC adult swim squad.

 

To save on rostering of staff to operate BRAC at times where there will be very few, if any, customers it is proposed that the opening times for the centre during the period of the aquatic closure for upgrade be amended to 7:00am on weekdays.

This opening time has been proposed as there are times that the squash courts and tennis courts are used for early morning activity, and there has been no instances of this occurring prior to 7:00am during the past financial year.

 

Closing times will remain as they currently are due to the large amount of midweek, after work social and competition use that takes place within the recreation centre.

 

The proposed hours of operations for BRAC during the closure period for aquatic upgrade are as follows:

Day

Aquatic centre

Recreation centre

Monday - Thursday

Closed for upgrade

0700 - 2100

Friday

Closed for upgrade

0700 - 1930

Saturday - Sunday

Closed for upgrade

0900 – 1700

Public holidays

Closed for upgrade

1000 - 1700

 

CONSULTATION

 

Internal consultation has been undertaken with BRAC staff. External advertising will be under taken via the Shire website, print and social media and physical signage at the BRAC premises.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Salary costs have been reduced within the 2016/17 financial year due to reflect the fact that the BRAC aquatic space will be closed for a significant period of time, requiring less staff hours.

 

Salary GL account

2015/16 expenditure

2016/17 budget

Difference

117002 – BRAC lifeguard salaries

$162,740

$47,470

$115,270

117057 – BRAC customer service salaries

$108,217

$79,735

$28,482

TOTAL

$270,957

$127,205

$143,752

 

RISK

 

Risk

Risk rating

Risk mitigation

Customers requesting early morning access to facilities prior to opening time.

Rare/Insignificant = Low

Advertising of amended opening times at centre and via social/print media.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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:

 

Core asset management to optimise Shire’s 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

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Approves the change to BRAC trading hours during the construction phase of the Aquatic Upgrade;

2.       Authorises the Chief Executive Officer to reinstate regular operating hours following completion of the BRAC aquatic upgrade.

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 129 of 130

 

9.1.6      CHINATOWN REVITALISATION PROJECT - CULTURAL CENTRE WORKING GROUP AND AUTHORITY OF THE CHIEF EXECUTIVE OFFICER

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Manager Community Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    16 August 2016

 

SUMMARY:         This report seeks Council’s delegation of authority to the Chief Executive Officer to make decisions and execute documents in relation to the Chinatown Revitalisation Project on behalf of the Shire.  The report also provides information regarding the establishment of a Cultural Centre Working Group for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 June 2014                            Item 9.3.1

OMC 30 April 2015                             Item 9.2.7

OMC 2 June 2015                              Item 9.2.5

OMC 27 August 2015                        Item 9.3.1

OMC 26 November 2015                 Item 9.4.5

SMC 17 June 2016                             Item 6.2.1

 

At the Special Meeting of Council held 17 June 2016, Council resolved the following;

That Council:

1.      Thanks the State of Western Australia for the $10 million grant funding for the Chinatown Revitalisation Project. 

2.      Thanks Tourism Western Australia for confirmation for the Tourism Demand Driver Infrastructure Grant of $300,000 to be applied towards the Frederick Street/Dampier Terrace Lookout Facility, which forms part of the Chinatown Revitalisation Project.  

3.      Endorses the Draft Financial Assistance Agreement with the Department of Regional Development and authorises the Shire President and Chief Executive Officer to engross the final documentation as required.

4.      Endorses the updated Memorandum of Understanding between the Shire of Broome, Landcorp and Kimberley Development Commission and authorises the Shire President and Chief Executive Officer to engross the documentation as required.

5.      Endorses the Chinatown Revitalisation Steering Group Terms of Reference and Governance structure and appoints the Chief Executive Officer to be the Shire’s representative on this group.

6.      Requests the Chief Executive Officer to:

(a)    Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to the          Chinatown Revitalisation Project.

(b)   Commence procurement of the relevant consultancies together with the project collaborative group in line with the project documentation.

(c)   Ensure incentives are included within project tender specifications to encourage submissions from and/or involvement of local businesses where appropriate.

(d)   Provide six monthly updates on the project for Council’s information. 

 

While all Items except 6(d) have progressed, Item 5 above requires further clarification.   With regard to this Item, Council has endorsed the Terms of Reference for the Chinatown Revitalisation Project (CRP) Steering Group (attached for Council’s information) and appointed the Chief Executive Officer to represent the Shire on the group. However, there was no delegated authority for the Chief Executive Officer to make decisions on behalf of the Shire in relation to the project.

 

Furthermore, while the Steering Group has approved the establishment of a working group for the Cultural Centre Feasibility as part of the CRP that includes inviting the Chief Executive Officer of Nyamba Buru Yawuru to chair the group, no delegation of authority currently exists to allow for this decision to have Council’s support.

 

Therefore, this report seeks Council’s delegation of authority for the Chief Executive Officer to make decisions and execute documents relating to the CRP on behalf of the Shire in accordance with Sections 5.42 and 9.49A (4) of the Local Government Act 1995.

 

COMMENT

 

During consideration of the governance structure for the CRP, the following structure was endorsed:

 

 

It was further noted that:

It is likely through the course of the project that a number of project specific reference groups or working groups will need to be created to include relevant stakeholders. It is envisaged that the groups will still:

a)      be required to report to the Project Steering Group; and

b)      contain members of the Project Working Group (officers from Shire of       Broome, KDC and Landcorp).

 

It is proposed that a working group is established to progress the Cultural Centre Feasibility.  The proposed membership recommended by the Project Working Group was presented to the Steering Group on 14 July 2016 and included:

·    Chair – Yawuru

·    Shire of Broome

·    Kimberley Development Commission

·    LandCorp

·    Tourism WA

·    WA Department of Culture and Arts

·    WA Museum

 

The following is an excerpt from the Minutes of the Steering Group meeting:

1.      Cultural Centre Working Group Membership

The proposed governance diagram and Cultural Centre Working Group (CCWG) membership was discussed as was the importance of the first meeting where a workshop could be held covering the vision, examples of other major centres to highlight what are the possibilities and defining terms of reference for the CCWG. The likelihood of the CCWG membership increasing during the course of the project to include key stakeholders was noted.

Agreed

·     Remove WA Museum from the group.

·     SG members to be the representatives of each of the project partners

·     CEO NBY be invited to Chair the group

·     Invitation to be sent to Tourism WA requesting a nomination.

·     The CCWG be given authority to co-opt further members as required.

·     Invitations to include a proposed first meeting date and option to
       have one further support staff member attend meetings.

·     Once CEO NBY has accepted chairmanship, PWG to meet with him
       to agree the content of the first meeting.

 

It is envisaged that a stakeholder reference group will be engaged to provide input to the CCWG which may include but not be limited to representatives from;

·    Pearling Industry

·    Dampier Peninsular TO’s

·    Artists and Administrators from a cross section of the arts and culture community

·    Other participants as identified

In light of there being no delegation in place to approve the establishment of the CCWG, this information is provided for Council’s information and endorsement.

 

Finally, Anthea Demin who is a Community Representative on the Chinatown Stakeholder and Community Reference Group has informed the Shire that she is unable to continue to participate in the Group.  Officers propose that public Expressions of Interest are sought for the vacancy and that those community members who expressed interest but were not appointed initially be specifically invited to confirm their interest.

 

CONSULTATION

 

Kimberley Development Commission

Landcorp

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

5.42.  Delegation of some powers and duties to CEO

      (1)     A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under —

                 (a)     this Act other than those referred to in section 5.43; or

                 (b)     the Planning and Development Act 2005 section 214(2), (3) or (5).

               * Absolute majority required.

      (2)     A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

               [Section 5.42 amended by No. 1 of 1998 s. 13; No. 28 of 2010 s. 70.]

 

9.49A.        Execution of documents

      (4)     A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

At the SMC held on 17 June 2016, Council resolved to:

(a)    Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to the          Chinatown Revitalisation Project.

 

The Terms of Reference for the Steering Group includes responsibility;

-     To approve and manage the release of funds in accordance with agreed budget, process, timelines and milestones within each project and within standard government accountability guidelines;

 

It should be noted that any budget amendments required to reflect the terms of the Funding Assistance Agreement entered into with the Department of Regional Development will be brought to Council for approval via the quarterly Financial and Costing Review process.

 

Nyamba Buru Yawuru has been successful in attracting funding of $100,000 towards the investigation of a cultural centre in Broome which requires matching funding.  It is proposed that this funding is incorporated into the Feasibility for the Cultural Centre to provide the required matched partner funding and to ensure the involvement of the primary native title holders of the town in the project. To secure this funding the Shire may need to enter into a funding agreement with Tourism WA and Nyamba Buru Yawuru.

 

RISK

 

The Governance Agreement and Terms of Reference for the CRP have been developed with high regard for the risks associated with the project as outlined in the report considered by Council at the SMC held 17 June 2016.  Seeking authority for the Chief Executive Officer to act on behalf of the Shire is a mitigation strategy to ensure that the Shire can meet its obligations in relation to not only the Funding Assistance Agreement but also the MOU with the Kimberley Development Commission and Landcorp and the endorsed Governance Structure for the project.

 

The proposal to form a Cultural Centre Working Group is intended to ensure the engagement of appropriate stakeholders and the integrity of the feasibility process. The invitation for the CEO of Nyamba Buru Yawuru to chair this group is considered appropriate given these considerations.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

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:

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Delegates authority to the Chief Executive Officer to make decisions and execute documents on behalf of the Shire in relation to the Chinatown Revitalisation Project in accordance with;

(a)     Sections 5.42 and 9.49A (4) of the Local Government Act 1995;

(b)     The Funding Assistance Agreement with the Department of Regional           Development;

(c)     The MOU with Kimberley Development Commission and Landcorp; and

(d)     The approved Governance Structure for the project.

2.       Notes the intended establishment of a Cultural Centre Working Group and its proposed membership and endorses the decision to invite the Chief Executive Officer of Nyamba Buru Yawuru to chair the working group.

3.       Notes the resignation of Anthea Demin as a Community Representative on the           Chinatown Stakeholder and Community Reference Group and thanks her for her           contribution to date.

4.       Requests the Chief Executive Officer to advertise publicly for expressions of interest to           fill the vacancy on the Chinatown Stakeholder and Community Reference Group for           Council’s consideration.

 (Absolute Majority Required)

 

Attachments

Nil  


 

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 25 August 2016                                                                             Page 136 of 137

 

9.2.1      DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PLA97

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 August 2016

 

SUMMARY:         The Shire of Broome is recognised as having a rich cultural heritage, with significant Aboriginal cultural heritage present in the Shire. As the Shire performs a number of functions which can interact with Aboriginal cultural heritage, a policy has been drafted to guide how and when the Shire would consult with key stakeholders in this regard. This is proposed to ensure that Aboriginal cultural heritage is taken into account when both planning for and undertaking works.

It is recommended that Council adopts the Policy as a draft for the purposes of seeking comment.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

History

 

At the Ordinary Meeting of Council in May 2014, Council adopted a Local Planning Policy – Public Consultation Planning Matters (LPP). This LPP was prepared to guide when the Shire will undertake public consultation on planning matters and also the form of advertising that should be undertaken. At this time, the Council agenda item noted that the LPP does not deal with consultation regarding Aboriginal Cultural or Heritage Matters and that a separate Policy would be prepared in this regard.

 

Since this time, Officers have been researching and investigating with a view to developing a corporate Policy which sets out the process for consulting with regard to Aboriginal Heritage.  As a result, the draft Consultation – Aboriginal Heritage policy has been developed (Policy). The objectives of the Policy are to:

 

·    guide where the Shire will advise and consult with the Aboriginal community to gauge whether a Development Strategy, Public Works or Shire Development proposal may impact upon Aboriginal heritage;

 

·    establish the process the Shire will follow when a Public Works or Shire Development proposal is to be referred for consultation and how comments received will be considered; and

 

·    detail the requirements for consultation based on the level of interaction with Aboriginal heritage.

 

This Policy has been prepared further to Action 2.1.1.1 in the Corporate Business Plan which requests that a policy be developed regarding cultural heritage consultation with traditional owners and other stakeholders.

 

COMMENT

 

The Shire of Broome’s Strategic Community Plan 2015-2025 recognises that history, identity and culture is the third most highly valued aspect of living in the Shire of Broome and this relates to a living Indigenous culture and traditions and the connection to country. Further, the Shire of Broome Local Planning Strategy (Strategy) recognises that the Shire has a rich cultural heritage encompassing many different cultural groups, including Aboriginal culture. The Strategy acknowledges that it is important to protect and manage the significant heritage of the Shire which is valuable to the region’s inhabitants and acknowledged both nationally and internationally.

 

In response to the recognised importance of Aboriginal cultural heritage to the Shire, Council through the Corporate Business Plan has requested that a policy be prepared regarding cultural heritage consultation.  Shire Officer’s have prepared the draft Policy as set out in Attachment No 1.

 

The preparation of the Policy was informed by the following:

 

·    attendance at a discussion forum held by the Department of Premier and Cabinet, Department of Aboriginal Affairs and other government departments on Native Title and Aboriginal heritage;

·    review of State publications including the Aboriginal Heritage Due Diligence Guidelines, Government Standard Heritage Agreements and the Guidelines for the Engagement of Aboriginal Heritage Monitors;

·    discussions with the Shire’s operational areas as to existing operational practices in place with respect to Aboriginal heritage;

·    review of the draft Policy by the Shire’s solicitors; and

·    feedback from the Department of Aboriginal Affairs.

 

Given that the majority of the Shire’s works are undertaken within the townsite of Broome, Shire Officers also sought to engage with Yawuru, the determined Native Title Holders, and forwarded a copy of the Policy to Nyamba Buru Yawuru Ltd for consideration. It is recognised that there are several other Native Title holders or registered Native Title claimant groups within the Shire of Broome that need to be consulted prior to the adoption of the Policy.

 

The proposed Community Engagement Framework is set out in Attachment No 2 and outlines that the draft Policy will be referred to all determined Native Title holders and registered Native Title claimant groups for their consideration. It is also proposed to extend the normal Policy consultation period from 21 days to 60 days. This is proposed to give sufficient time for the draft Policy to be considered at Native Title Holders’ Prescribed Body Corporate meetings, if required. 

 

With regard to the structure and content of the draft Policy, it has been prepared to cover the following Shire activities that could potentially interact with Aboriginal heritage:

 

·    preparation of strategic land use plans or development strategies – such as the Local Planning Strategy and the Cable Beach, Chinatown and Old Broome Development Strategies, etc;

·    undertaking of public works which can include road construction/maintenance, drainage, construction of recreation facilities, waste facilities, etc; and

·    Shire developments, which are works the Shire will undertake that are not public works such as office developments, establishment of camping grounds, etc.

 

Strategic land use plans or development strategies (Development Strategies) are higher level planning documents which are used to guide development opportunities or concepts for improvements to an area. The preparation of Development Strategies can lead to funding being allocated for the Shire to then undertake public works or Shire developments. Development Strategies differ from public works and Shire developments, in that they do not result in ground disturbing activities. While Development Strategies do not present an immediate risk to Aboriginal heritage, given that they provide the foundations/strategic direction for future development activities, it is important that Aboriginal cultural heritage is considered in the early phase of the planning process. 

 

Therefore, the Policy is proposed to be set out into two parts. The first part establishes the consultation framework with regard to the preparation of Development Strategies and the second part establishes consultation that would be undertaken prior to commencing a public work or Shire development.

 

Part 1 regarding the preparation of Development Strategies proposes that the Shire engage with and seek comments from determined Native Title holders and registered Native Title claimants prior to the preparation of a Development Strategy and again once the Development Strategy has been prepared. In undertaking this consultation, the Shire will seek feedback with regard to Aboriginal heritage sites and any areas that are known to have Aboriginal cultural significance. The outcomes from the consultation will be incorporated into the Development Strategy as far as reasonably practicable to avoid impacts upon Aboriginal heritage sites or areas of Aboriginal cultural significance. Further, this consultation can also lead to the incorporation of interpretative concepts which seek to promote awareness of Aboriginal heritage.

 

Part two of the Policy seeks to provide direction on consultation undertaken when the Shire carries out public works or a Shire development. It is proposed that consultation be undertaken in two phases. For works which are not ‘limited discretion works’ (limited discretion works are works where there is limited discretion available as to how or where the works can be carried out i.e. an extension to a footpath or road) at the concept phase, the Shire will seek comments from determined Native Title holders and registered Native Title claimants on whether the concept plans could potentially impact upon an Aboriginal Heritage Site.  Based on comments received and as far as practicable, the plan would be amended to avoid impacts.  The Shire will also seek comments with the intent to incorporate interpretative or design elements to promote awareness of elements of Aboriginal heritage (this would be subject to budgetary considerations). An example of a type of project that could undergo this level of consultation would be the Jetty to Jetty walk.

 

At the design phases of the public works or Shire development, it is proposed that if the works fall within a registered Aboriginal Heritage Site that the Shire first consult with the Department of Aboriginal Affairs (DAA). Then depending upon the response received from DAA, it is proposed that the Shire undertakes the consultation following the process set out in the Policy, which is also visually represented in the Flow Chart attached to the Policy. This section also provides direction on when consideration would be given to the engagement of a heritage monitor and when a Heritage Survey may be required.

 

Overall, the Policy has been prepared to guide the Shire in its operations, and is not intended to apply to the activities of other government Departments who undertake public works/developments. Further, the Policy does not address consultation with respect to Development Applications (also referred to as Planning Applications). Development Applications have not been included for the following reasons:

 

·     While the Shire is the approval body for the majority of the Development Applications submitted under Local Planning Scheme No 6, it is not responsible for administering the provisions of the Aboriginal Heritage Act 1976 (AH Act). It is the applicant’s responsibility to ensure that any proposed development complies with the AH Act. The Shire will continue its practice of including an advice note on all approvals issued, clearly establishing that the granting of Development Approval is not clearance under the AH Act and that the landowner/applicant will need to make its own enquiries in this regard.

 

·     The Shire has strict timeframes in which it is to determine an application for Development Approval. As consultation with respect to Aboriginal heritage can be complex and may take time, it puts the Shire at risk of not meeting these statutory timeframes, which could give rise to applicants seeking a review with the State Administrative Tribunal.

 

·     The Shire of Broome’s Local Planning Scheme No 6 and LPP 8.23 – Public Consultation Planning Matters establishes the consultation that the Shire will undertake when Development Applications are submitted.

 

·     The Shire of Broome will be preparing a planning information sheet to make landowners/applicants aware of their obligations under the AH Act and to encourage all applicants to apply sound consultation practices. 

Overall, the Policy is considered to be strong guiding document for the Shire and its stakeholders in relation to how the Shire will mitigate the risk of its works or activities impacting on Aboriginal heritage.  The processes established in the Policy are considered robust and reasonable in terms of allowing for meaningful consultation, while being achievable taking into account Shire resources.  It is therefore recommended that Council adopt the draft Policy for a 60 day public consultation period in accordance with the proposed Community Engagement Framework. CONSULTATION

 

In preparing the draft Policy, Officers have consulted with the Shire’s Infrastructure Services section and also sought preliminary comments from the Shire’s solicitors and the Department of Aboriginal Affairs.

 

As set out above, the Shire has also provided Yawuru with a copy of the draft Policy for consideration.  The 60 day period for public consultation is seen as appropriate to allow Yawuru, all other determined Native Title holders and registered Native Title claimants and other stakeholders to provide feedback.

 

The submissions received will then be tabled for consideration by Council, prior to the adoption of the Policy.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

            

2.7. Role of council

 

(1)         The council –

(a)         governs the local government’s affairs; and

(b)         is responsible for the performance of the local government’s functions.

 

(2)         Without limiting subsection (1), the council is to -

(a)         oversee the allocation of the local government’s finances and resources; and

(b)         determine the local government’s policies.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

As set out in the comments above, the Shire is recognised as having rich Aboriginal heritage which is greatly valued by the community. This Policy is considered to reduce the risk that Shire operations could have a detrimental impact upon Aboriginal heritage by ensuring that an appropriate level of consultation is undertaken. Further, the Policy will establish clear direction to the relevant Officers at the Shire as to the level of consultation expected to be undertaken, which allows for more informed project management and reduces the risk of delays in the delivery of projects.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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

 

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

 

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

 

Council is able to mobilise resources to deliver municipal service to indigenous communities that are compliant, effective and within Council’s capacity.

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopts the draft Policy – Consultation – Aboriginal Heritage, as set out in Attachment No 1 for the purposes of seeking public comment for a period of 60 days.

2.       Adopts the Community Engagement Framework as set out in Attachment No 2 to guide the consultation to be undertaken during the public comment period. 

 

Attachments

1.

Draft Policy

2.

Community Engagement Framework

  


Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 159 of 160

 

9.2.2      PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA

LOCATION/ADDRESS:                            Various properties, Broome Townsite

APPLICANT:                                              Nil

FILE:                                                           LPS6/5

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 July 2016

 

SUMMARY:         In June 2016 Council received a Coastal Vulnerability Study for the Broome townsite which identified that portions of the townsite are at risk of coastal inundation and coastal erosion in the period to 2110. State Planning Policy 2.6 – State Coastal Planning Policy requires that Coastal Hazard Risk Management and Adaptation Planning be undertaken where the risk of coastal hazards has been identified.

To identify the area where these requirements will apply, this report recommends Council adopt for advertising purposes an amendment to Local Planning Scheme No. 6 to introduce a ‘Coastal Hazard Risk Area’ Special Control Area, which will include all land that will be subject to coastal hazards, and which will ultimately be covered by the Broome townsite Coastal Hazard Risk Management and Adaptation Plan. It further recommends that the amendment be classified as a ‘standard amendment’ under the Planning and Development (Local Planning Schemes) Regulations 2015 for the reasons set out in this report.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 30 June 2016                            Item 9.2.2

 

COMMENT

The Coastal Vulnerability Study (CVS) was undertaken to investigate the combined potential impacts of storm surge, coastal inundation, tidal movement, shoreline stability, stormwater drainage and the interactions of surface and groundwater on the townsite of Broome. The CVS identified that a number of areas within the townsite are predicted to be affected by coastal inundation (caused by a combination of storm surge and sea level rise) and/or coastal erosion in the period to 2110. Under State Planning Policy 2.6 – State Coastal Planning Policy (SPP 2.6), Coastal Hazard Risk Management and Adaptation Planning (Adaptation Planning) is required to be undertaken prior to new development in locations where the risk of coastal hazards has been identified.

 

The Shire of Broome is currently preparing a Broome Townsite Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) in accordance with the Western Australian Planning Commission’s CHRMAP Guidelines. The CVS comprises the initial stages of the CHRMAP (establish the context, vulnerability assessment and risk identification) and the subsequent stages of the CHRMAP will analyse and evaluate the risk and identify and prioritise adaptation options with input from key stakeholders and the broader community.

 

It should be noted that the Broome townsite CHRMAP will represent a much more detailed and complex level of Adaptation Planning, compared with what would be required for an individual property subject to coastal hazards for which Adaptation Planning is required in accordance with SPP 2.6.

 

Whilst Adaptation Planning is a requirement of SPP 2.6 and hence must be a consideration when assessing development proposals, at present the Shire’s Local Planning Scheme No. 6 (LPS6) does not provide any information as to which areas of the townsite this requirement applies. The proposed Scheme Amendment will rectify this through establishing a ‘Special Control Area’ (SCA) which will include all land subject to coastal hazards.

 

Identification of land subject to coastal hazards

 

In accordance with SPP 2.6, land is considered to be ‘at risk of coastal hazards’ if in a 100 year timeframe it is subject to:

 

·     The maximum extent of storm inundation, defined as the peak steady water level plus

wave run-up, with the storm event based on ocean forces and coastal processes that

have a 0.2 percent or one-in-five hundred year probability of being equalled or exceeded in any given year (500 year ARI event); and/or 

·     Erosion based on ocean forces and coastal processes from a tropical cyclone storm event which have a one percent or one-in-one hundred probability of being equalled or exceeded in any given year (100 year ARI event).

 

Coastal Erosion

 

The CVS utilised the formula in SPP 2.6 to determine the coastal processes allowance for erosion, which requires consideration of erosion generated from a 100 year ARI event at present day (as outlined above), historic shoreline movement, sea level rise and an uncertainty allowance. The coastal processes allowance for various time periods was captured on a series of ‘coastal processes maps’ which were included as Appendix G of the CVS. The map showing the coastal processes allowance for 2110 (depicted as a red line) in included as Attachment 1 to this report. Any lots which are seaward of the coastal process line in Attachment 1 are considered to be at risk of coastal hazards over the planning timeframe and will be included in the SCA.

 

It is noted that on the Roebuck Bay side of the Broome peninsula, the coastal processes allowance line in the CVS only extends as far north as Gray Street. The Shire’s appointed consultants for the CHRMAP used the data obtained through the CVS to further extend this line around Dampier Creek, and this line was used as the basis for the SCA.  

 

Coastal Inundation

 

The coastal processes map in Attachment 1 depicts the combined level of inundation that is predicted from a 500 year ARI coastal inundation event and  a 100 year ARI catchment flooding event (essentially, stormwater runoff as a result of a 100 year ARI rainfall event). This presents a ‘worst case scenario’ of two extreme events happening simultaneously, as could occur during a cyclone which crosses the coast on a high spring tide. Whilst this is useful as a reference, it does not strictly meet the SPP 2.6 criteria as it includes areas that will only be impacted by overland flooding from stormwater runoff, rather than by coastal processes.

 

For much of the Broome peninsula the coastal dune system is of sufficient height to protect adjoining land from the impacts of coastal inundation and in these areas the inundation shown on Attachment 1 is a result of overland flows. This is not the case, however, for those portions of the townsite that are adjacent to Dampier Creek, as these are located at a lower elevation without protective barrier dunes. 

 

To separate the coastal and stormwater inundation extents, the Shire’s appointed consultants compared the outputs of the CVS modelling to the outputs of the District Stormwater Management Strategy (currently in progress), which considered overland flooding only. The difference between the two data sets was used to generate the extents of the SCA, as the area that would be affected by a 500 year ARI storm event. 

 

In undertaking this ‘difference plot’ the Shire’s consultants noted that in some areas (parts of Old Broome, Roebuck Estate, Broome North and Sunset Park) the ability of the existing drainage system to cope with rainfall events will be constrained by an increase in water level by 2110 (due to 0.9m of sea level rise). Were a 500 year ARI storm event to occur at that time scale (which is the planning period under SPP 2.6), stormwater will be unable to discharge at all for a period of time, and will ‘back up’ through the drainage network and exacerbate the inundation experienced in a rainfall event. For this reason, some areas   adjacent to roads and drainage reserves will experience flooding which can be partially attributed to ‘coastal inundation,’ despite being located some distance from the coast. The Shire’s consultants liaised with staff from the Department of Planning and Department of Transport and confirmed that this approach is consistent with SPP 2.6.

 

Based on the above, the extents of the SCA have been defined and are included as Attachment 2 to this report.

 

Attachment 1 – Coastal Processes Map 2110 (Cardno, 2015)

Attachment 2 – Proposed Extents of ‘Coastal Hazard Risk’ SCA 

 

Key components of proposed scheme amendment

 

Officers have prepared a Scheme Amendment Report for Council’s consideration, which is included as Attachment 3 to this report. Key components of the proposed scheme amendment are summarised below. 

 

·     The scheme amendment will create a ‘Coastal Hazard Risk’ SCA over land identified in the CVS to be at risk of coastal inundation or erosion until 2110.

 

·     LPS6 already requires all development within a SCA to obtain Development Approval, and this will continue in the ‘Coastal Hazard Risk’ SCA. However, should a lot be only partially included in the SCA, the requirement to obtain development approval will not apply for development that is otherwise exempt from the need to obtain development approval, if the development is located on a portion of the site that is wholly outside the extent of the SCA. For instance, if a portion of the front setback is included in the SCA, a shed built to the rear of the lot will not require approval if it is otherwise exempt under the Scheme.  

 

·     Further, the scheme amendment will allow for certain exemptions to the requirement to obtain development approval for development that is considered to be of low risk, such as:

temporary or non-permanent structures not used for human habitation;

extensions to existing single, grouped, or multiple dwellings where the gross floor area of the extension is no more than 50m2; and

a change of use to a ‘P’ (permitted) use where no new structures are proposed.

 

These exemptions will only apply in circumstances where development is otherwise exempt from requiring approval under LPS6.

 

·     The scheme amendment will require Adaptation Planning to be undertaken in accordance with the methodology set out in SPP 2.6 for all new development in the SCA that does not fall within one of the exemptions outlined above. The Broome Townsite CHRMAP, once completed, will meet this requirement.  However in the interim, the responsibility will be on development proponents to demonstrate that they have considered the risk of coastal hazards identified in the CVS, and have designed the proposed development to avoid, accommodate or mitigate those risks. To provide guidance to proponents in this regard, it is envisaged that officers will prepare a Local Planning Policy setting out minimum standards for development specific Adaptation Planning, and this will be provided to Council for consideration in due course.

 

·     Once the Broome Townsite CHRMAP has been adopted, proponents will retain the ability to request variations to it on a case by case basis, should they demonstrate through an Adaptation Planning process an alternative solution that can satisfactorily manage the hazard risk.

 

·     Council will have the right to refuse any Adaptation Planning proposal if it considers the adaptation strategies proposed will lead to adverse impacts on the occupiers or users of the development, the inhabitants of the locality, the functionality of any reserve in the locality or the likely future development of the locality.

 

Attachment 3 – Scheme Amendment Report 

 

Classification of amendment under the Planning and Development (Local Planning Schemes) Regulations 2015

 

In August 2015 the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) came into force. The Regulations changed the process to amend local planning schemes by introducing three ‘tracks’ of amendments. Amendments must now be classified by the Shire as one of the tracks – ‘basic’, ‘standard’ or ‘complex’. The assessment process and timeframe varies according to what classification is selected.

 

A ‘basic’ amendment is generally intended to correct an administrative error in the scheme or to amend the scheme in a way that is consistent with another piece of legislation, which is not applicable to this proposed scheme amendment. In determining whether the amendment is ‘standard’ or ‘complex,’ the Regulations require Council to consider the following criteria:

 

·     whether the amendment is consistent with the Shire’s Local Planning Strategy;

·     whether the amendment will have a significant impact on other land in the scheme area not subject to the amendment; and

·     whether the amendment will result in any significant environmental, social, economic or governance impacts on land in the scheme area.

 

Each of these criteria is addressed below.

 

Consistency with the Local Planning Strategy

 

The Local Planning Strategy contains the following objective and actions in Section 2.4.12 – Natural Resource and Environment Management:

 

3. (Objective):  Incorporate adaptation strategies to ensure mitigation against coastal vulnerability and climate change. 

o (Action): Prepare a coastal vulnerability study to inform management practices for coastal foreshore areas;

o (Action): Determine the appropriate foreshore reserve required to accommodate coastal processes as per State Planning Policy 2.6.

 

The SCA will articulate the area that will be affected by coastal processes, which is directly based on the outcomes of the CVS. Further, by requiring development within the SCA to be consistent with approved Adaptation Planning, the SCA will ensure development proposals incorporate adaptation strategies to mitigate against coastal vulnerability and climate change.

 

Potential Impacts of the scheme amendment

 

The addition of the SCA is considered to have minimal impact on other land in the scheme area not subject to the amendment, as the provisions of the SCA will only apply to affected land. 

 

The amendment could potentially result in some economic and social impacts on some properties that are included in the SCA. However, as the requirement to undertake Adaptation Planning is established in SPP 2.6 (which applies throughout Western Australia), the SCA is not adding any new requirements.  Instead, it is clearly indicating the land to which the existing state planning framework applies.   

 

For the reasons outlined above, officers recommend that the amendment be classified as a ‘standard amendment.’

 

CONSULTATION

 

As required under the Regulations, should Council adopt the proposed standard amendment for advertising purposes, public advertising will be undertaken for a period of 42 days. Public advertising will consist of:

 

·     publication of a public notice in a newspaper circulating in the scheme area;

·     display of a copy of the notice in the Shire administration office and on the Shire website;

·     display of a copy of the scheme amendment documentation for public inspection;

·     providing the notice to any public authority the Shire considers will be affected by the amendment; and

·     providing the notice to any landowners whose property is proposed to be incorporated into the SCA.

 

Any submissions received during the public advertising period will be presented back to Council for its consideration.

 

Community engagement into the development of the Broome Townsite CHRMAP will be wide ranging in accordance with the Community Engagement Strategy for the project received by Council in June 2016.

 

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 Regulations 2015

 

34.     Terms used

standard amendment means any of the following amendments to a local planning

scheme —

(a)     an amendment relating to a zone or reserve that is consistent with the  objectives identified in the scheme for that zone or reserve;

(b)     an amendment that is consistent with a local planning strategy for the scheme

that has been endorsed by the Commission;

(c)     an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a

basic amendment;

(d)     an amendment to the scheme map that is consistent with a structure plan, activity centre plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme does not currently include zones of all the types that are outlined in the plan;

(e)     an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment;

(f)      an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area;

(g)     any other amendment that is not a complex or basic amendment.

 

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.

 

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.

 

POLICY IMPLICATIONS

 

State Planning Policy 2.6

5.5     Coastal hazard risk management and adaptation planning

 

(i)         Adequate coastal hazard risk management and adaptation planning should be undertaken by the responsible management authority and/or proponent where existing or proposed development or landholders are in an area at risk of being affected by coastal hazards over the planning timeframe. Coastal hazard risk management and adaptation planning should include as a minimum, a process that establishes the context, vulnerability assessment, risk identification, analysis, evaluation, adaptation, funding arrangements, maintenance, monitoring and review, and communicate and consult.

 

(ii)        Where a coastal hazard risk is identified it should be disclosed to those likely to be affected. On consideration of approval for subdivision and/or development current and/or future lot owners should be made aware of the coastal hazard risk by providing the following notification on the certificate on title: VULNERABLE COASTAL AREA –This lot is located in a area likely to be subject to coastal erosion and/or inundation over the next 100 years.

 

(iii)       Where risk assessments identify a level of risk that is unacceptable to the affected community or proposed development, adaptation measures need to be prepared to reduce those risks down to acceptable or tolerable levels. Adaptation measures should be sought from the following coastal hazard risk management and adaptation planning hierarchy on a sequential and preferential basis:

 

(1)  Avoid the presence of new development within an area identified to be affected by coastal hazards. Determination of the likely consequences of

coastal hazards should be done in consideration of local conditions and in

accordance with the guidelines provided in Schedule One.

(2)     Planned or Managed Retreat or the relocation or removal of assets within an area identified as likely to be subject to intolerable risk of damage from coastal hazards over the planning time frame.

(3)     If sufficient justification can be provided for not avoiding development of land that is at risk from coastal hazards then Accommodation adaptation measures should be provided that suitably address the identified risks. Such measures would involve design and/or management strategies that render the risks from the identified coastal hazards acceptable.

(4)     Where sufficient justification can be provided for not avoiding the use or development of land that is at risk from coastal hazards and accommodation measures alone cannot adequately address the risks from coastal hazards, then coastal Protection works may be proposed for areas where there is a need to preserve the foreshore reserve, public access and public safety, property and infrastructure that is not expendable.

 

5.11   Precautionary principle

(i)         Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason to postpone measures to prevent environmental degradation.

(ii)        The onus is on any proponent to show that development does not pose any likelihood of serious or irreversible harm to the environment.

(iii)       If the proponent cannot demonstrate there is not a likelihood of such harm, the onus is on the development proponent to show that the harm can be managed.

 

FINANCIAL IMPLICATIONS

 

As the Shire is preparing the scheme amendment, there will be minor costs associated with undertaking public advertising. It is estimated these costs will not exceed $800 and will be accommodated within the existing operational budget.

 

There may be future financial implications on landowners located within the SCA, as there is the possibility that development on some lots may be restricted through the required Adaptation Planning. However, as SPP 2.6 applies regardless of whether a SCA is in place, these restrictions can be imposed through the subdivision and/or development application processes in any event. By undertaking a CHRMAP for the Broome Townsite, the Shire is endeavouring to provide a coordinated, holistic approach to managing coastal hazards that will eliminate the need for affected landowners to undertake site-specific assessments, and incur costs associated with this, when new development is proposed. However, the proposed scheme amendment does allow for landowners to exercise this option, should they wish to undertake non-exempt development in the interim before the Broome Townsite CHRMAP is finalised, or as a variation to the CHRMAP once it is adopted.  

 

With respect to potential implications on property insurance, it is noted that most domestic insurance policies do not currently cover damage caused by actions of the sea, or only cover storm surge if it coincides with damage caused by other hazards during a storm event (such as freshwater flooding or winds). Additionally, most domestic insurance policies generally exclude covering loss of land or damage to structures due to coastal erosion – land owners bear the risk of these hazards themselves. Domestic insurance typically does not cover damage related to sea level rise.

 

RISK

 

By undertaking the CVS the Shire recognised that coastal hazards are an ongoing risk which need to be recognised, evaluated and ultimately managed. Risk identification in the CVS was undertaken in accordance with SPP 2.6 and the precautionary principle, which minimises the risk of future liability to the Shire.  The preparation of the Broome Townsite CHRMAP will further reduce risk by providing a series of targeted actions that can be undertaken to manage, or adapt to, the identified risks.

 

Notwithstanding this, a risk of future liability to the Shire remains should it fail to take into account the outcomes of the CVS in making planning decisions.  The proposed SCA will reduce the chance of this occurring as it will ensure that areas at risk of coastal hazards under the CVS are clearly identified to Shire staff, Councillors, landowners and community members through LPS6. The SCA will provide a trigger for those undertaking and assessing development that the recommendations of the CHRMAP must be taken into account. 

 

It is noted that the proposed SCA captures all properties that will be impacted by coastal hazards (as defined and discussed in the above sections), and does not differentiate between levels of risk. For instance, some properties in the SCA may be subject to over 1 metre of coastal inundation, as well as the risk of erosion, whilst others may be subject to inundation as a result of a temporary backup in the stormwater discharge system caused by a storm surge event, with minimal depth of flooding lasting for a short duration. The CHRMAP will consider the variations in risk likelihood and consequence and the preferred adaptation options will be designed accordingly. 

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

 

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 for the purpose of public advertising by:

(a)     Amending Clause 6.1.1 to insert subclause ix. as follows:

(ix.)      Coastal Hazard Risk Area (SCA9)

(b)     Inserting a new Clause 6.2.9 as follows:

6.2.9         Coastal Hazard Risk Area (SCA9)

6.2.9.1      Objective:

                 To ensure new development adequately considers the risk of coastal                                     hazards.

6.2.9.2      The provisions of this SCA9 do not apply where a development is proposed on land entirely outside the mapped SCA9 extent, even if a portion of the lot upon which the development is proposed is included in the SCA.

6.2.9.3      Coastal hazard risk management and adaptation planning is required to be undertaken for all new development within SCA9 in accordance with State Planning Policy 2.6 and any endorsed local planning policy, to the satisfaction of the local government, prior to the granting of development approval.

6.2.9.4      Notwithstanding the provisions of Clause 6.1.3 and 6.2.9.3, development approval is not required within SCA9 for the following development, if such development is otherwise exempt from requiring development approval under the Scheme: 

                 (a)     temporary or non-permanent structures not used for human                                            habitation;

(b)     extensions to an existing single, grouped, or multiple dwelling    where the gross floor area of the proposed extensions is no                 more than 50m2; and

                                      (c)   a change of use to a ‘P’ use where no new structures are                                                proposed.

6.2.9.5      The local government may refuse to support coastal hazard risk management and adaptation planning proposals where it is considered the proposal will lead to adverse impacts on the occupiers or users of the development, the inhabitants of the locality, the functionality of any reserve in the locality or the likely future development of the locality.

(c)     Amending the Scheme Maps by:

(i)      Inserting a new Special Control Area in the legend, to be labelled ‘SCA9 – Coastal Hazard Risk Area (See Scheme Text)’; and

(ii)      Inserting SCA9 on Maps 10, 23, 24, 27, 28, 29, 30, 31, 32, and 33 as set out in Attachment 2.  

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

(a)     It is consistent with the Shire’s Local Planning Strategy, particularly the provisions  in Section 2.4.12 – Natural Resource and Environment Management;

(b)     It is consistent with State Planning Policy 2.6; and

(c)     It will have minimal impacts on land in the scheme area that is not subject to the amendment.         

3.       Requests the Chief Executive Officer to forward this resolution and the amendment documentation to the Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005; and

4.       Subject to the advice of the Environmental Protection Authority under Section 48A of the Environmental Protection Act that the amendment is not subject to formal environmental assessment, requests the Chief Executive Officer to advertise the amendment for 42 days as per the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Attachments

1.

Coastal Processes Map 2110 (Cardno, 2015)

2.

Proposed Extents of 'Coastal Hazard Risk Area' SCA

3.

Scheme Amendment Report

  


Item 9.2.2 - PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA 

 

 

 

 



Item 9.2.2 - PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA 

 

 

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Item 9.2.2 - PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA 

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 227 of 228

 

9.2.3      APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

LOCATION/ADDRESS:                            Lot 269 (No.24) Tokumaru Bend, Blingurr

APPLICANT:                                              Lee Jones

FILE:                                                           TOK-2/24

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil.

DATE OF REPORT:                                    22 July 2016

 

SUMMARY:         An application for Development Approval for a ‘Home Business – Beauty Therapy’ has been received by the Shire. The application proposes to utilise parking in the road reserve for client parking.

Clause 1.5 of Local Planning Policy 8.16 – Provision of Parking (LPP 8.16) requires Council determination of any application proposing off-site parking within the road reserve. The application is therefore presented to Council for its consideration.

This report recommends that the application be approved, subject to conditions.

 

 

BACKGROUND

 

Previous Considerations

 

None.

 

Site Context

 

The subject lot, No.24 Tokumaru Bend, is located on the northern side of Tokumaru Bend, with adjoining development consisting of single dwellings. A 6m wide hard-sealed cross-over provides vehicular access to the property, with two (2) parking spaces available within the existing carport for residents of the dwelling.  A footpath providing pedestrian connection in an east-west direction along the northern side of Tokumaru Bend intersects the cross-over to the subject property.

 

Four (4) parking bays are located within the Dalmatio Street road reserve approximately 40 metres to the west of the property. Three (3) parking bays were also constructed within the road reserve adjacent to the subject site as part of the Broome North subdivision.  However, these bays became unusable following the construction of the vehicle cross-overs for numbers 24 and 22 Tokumaru Bend (see the Location Plan in Attachment 1).   

 

The Proposal

 

The applicant proposes to undertake a Home Business activity involving the provision of beauty therapy services from the property. The applicant has detailed the activity as follows:

 

-     The activity will occupy one room of the dwelling (<50sqm);

-     The proposed hours of operation will be Monday to Friday 9am to 5pm;

-     The Home Business will be undertaken by appointment only, catering to one (1) client at a time;

-     One (1) person (the applicant), a resident of the dwelling, will be employed in association with the activity.

 

Submitted plans (refer Attachment 2) show the availability of two (2) parking spaces within the existing carport. A minimum of two (2) parking bays are required for the dwelling as per clause 5.3.3 of Local Planning Scheme No.6 (LPS 6) and the Residential Design Codes 2013 (R-Codes). Further to LPP 8.16 – Provision of Parking; Schedule 16 of LPS 6 specifies the need for a minimum of one (1) parking bay to be provided for clients in addition to the minimum bays required under the R-Codes. As the carport is positioned 4 metres from the lot boundary, there is inadequate space to accommodate an additional parking bay on-site (sized 2.7m x 5.5m as per Schedule 16).

 

The application therefore seeks approval for the Home Business with the assessment of parking to be based upon the availability of public parking bays within proximity to the site.

 

COMMENT

 

Local Planning Policy 8.16 – Provision of Parking

 

LPP 8.16 allows for the consideration of parking to be provided off-site, setting out under clause 2.4 the following requirements:

 

a)   The location of the off-site parking is convenient to the subject development;

b)   Safe and well lit pedestrian access can be provided between the off-site parking and the development;

c)   The customers and patrons of the development can be reasonably expected to use the off-site parking.

 

The design principles of clause 2.4 as set out above primarily relate to situations where approval is sought for the construction of parking bays (and parking areas) off-site, which is not proposed in the case of the current application. However, the emphasis within clause 2.4 upon adequacy and safety of access to off-site parking bays is a relevant consideration in determining whether the currently proposed parking arrangements are appropriate.  

 

With reference to the subject site, the parking spaces within the Dalmatio Road reserve are located approximately 40 metres from the property, with pedestrian connection available via the existing footpath. There are four bays available for general public use within reasonable distance of the proposed home business. On this basis it is reasonable to conclude that the bays are conveniently located and safely accessible for clients of the home business.

 

Further, the applicant has advised that generally during the day there is only one vehicle parked within the carport leaving a space available for clients to park. Given this, and as there are a further four bays available for public use in proximity to this site, it is recommended that Council support a variation to the need to have three on-site parking spaces. To prevent the scenario whereby clients may seek to park on the crossover and obstruct the footpath; it is recommended that approval be conditioned to specify that parking in association with the Home Business shall at no times obstruct the footpath adjoining the property.

 

Local Planning Scheme No.6 – Clause 67 Matters to be Considered

 

Parts (i) and (u) of Clause 67 require consideration to be given to the compatibility of a proposed use with its setting, and whether adequate provision of has been made for pedestrian access. As set out above, it has been demonstrated that there is adequate pedestrian connection available to allow clients of the Home Business to safely utilise parking bays on Dalmatio Street. It is recognised that there are a limited number of parking bays within the road reserve within proximity to the location, and on this basis, it is recommended that approval be conditioned to limit the number of clients that may visit the property at any one time in association with the Home Business activity.

 

Part (y) of Clause 67 - Matters to be Considered requires that adequate consideration be given to concerns raised in any submissions received on the proposal during consultation period with adjoining land-owners. One submission was received (refer Attachment 3 - Schedule of Submissions) during the fourteen day consultation period, in which concerns were raised in relation to the availability of parking. With a view to addressing these concerns and to ensure that the potential for adverse impacts on amenity are mitigated; it is recommended that the Home Business be approved inclusive of conditions relating to hours of operation, numbers of clients, and control of parking as detailed in the recommendation of this report.

 

Given the above and as the application satisfies all other provisions of LPS6, it is recommended that the application be approved with conditions.

 

CONSULTATION

 

Further to the provisions of Local Planning Policy 8.23 – Consultation Planning Matters, the application for a Home Business was advertised via letter to land-owners within proximity, being (100m), inviting comment/registration of objection to be provided to the Shire within 14 days. One submission (refer Attachment 3 – Schedule of Submissions) was received by the Shire during the consultation period 4 July 2016 – 18 July 2016.

 

STATUTORY ENVIRONMENT

 

Local Planning Scheme No.6

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.16 – Provision of Parking

 

Local Planning Policy 8.23 – Consultation Planning Matters

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil.

 

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:

 

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

 

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 grants Development Approval for a ‘Home Business – Beauty Therapy’ at Lot 269 No.24 Tokumaru Bend, Broome, subject to the following conditions:

1.         Development must be carried out in accordance with the plans and       documentation listed below and endorsed with Council’s stamp, except where          amended by other conditions of this consent:

            Plans and Specifications

            P1 (Site Plan & Floor Plan) received by the Shire 20 June 2016.

2.         The applicant is to ensure that client parking at no times encroaches onto the             crossover outside of the property boundary and that the pedestrian footpath             remains free of obstruction at all times.

3.         The ‘Home Business – Beauty Therapy’ the subject of this approval is approved to             operate between the hours of 9am to 5pm Monday to Friday only.

4.         A maximum of one (1) client may visit the property at any one time in association    with the approved ‘Home Business – Beauty Therapy’ activity.

5.         No person(s) other than the occupant(s) of the dwelling may be employed on-site in association with the ‘Home Business – Beauty Therapy’ activity.

 

 

Attachments

1.

Attachment 1 - Location Plan

2.

Attachment 2 - Site & Floor Plan

3.

Attachment 3 - Schedule of Submissions

  


Item 9.2.3 - APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

 

 

LOCATION PLAN – NO.24 TOKUMARU BEND, BROOME

 


Item 9.2.3 - APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

 

 

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Item 9.2.3 - APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

 

 

 

#

Name

Date

Submission

Staff Comments

Recommendations

1

 Landowner – Tokumaru Bend

19 July 2016

1.    There are already 4 cars parked at the property, with 1 car parked on the footpath. I do not think they have reasonable car parking for their customers.

 

2.    There is already a vehicle & trailer parked on the property already as part of a gas and plumbing business.

 

3.    Beauty Therapy business is already running from the property. Why are they getting permission for a second business?

 

4.    The Beauty Therapy business is already running on weekends. Customers park their cars on the curb and footpath. The customer parking is a traffic hazard and safety hazard for children.

 

5.    Due to their being no signage on the property for the Home Business, people looking for the property often knock on the door of neighbours and this is disruptive and upsetting.

 

6.    There are too many similar Home Business activities in the street and some houses also have trade-persons parking their vehicles outside the properties meaning the street is over crowded with business vehicles and trailers.

1.    The applicant has confirmed to Planning Officer that there are two (2) vehicles parked at the property for residents of the dwelling.

 

2.    It is permissible for residents to park a work vehicle and trailer (with total tonnage less than 3.5 tonnes) within the boundary of a property. It is understood the vehicle is for work purposes off-site.

 

3.    A Home Business or Home Occupation has not previously been approved for the property.

              The application is for           retrospective approval.

 

4.    The application is not seeking approval to operate on weekends and approval is recommended to be conditioned to specify approved hours of operation. The safety issues associated with a lack of parking space on-site are noted and will inform assessment.

 

5.    The applicant has been advised of the need for signage and has provided written confirmation to the Shire that they will display a sign sized less than 0.2sqm. Based on discussion with applicant regarding the need for signage, the applicant confirmed via email that appropriately sized and located signage will be displayed during hours of operation.

 

6.    The concerns for the number of Home Businesses / Home Occupations activities are noted. There is no limit under current Shire policy applicable to numbers of such activities within the residential zone. Shire Planning Services has written to landowners in the subject street seeking clarification regarding land-use activities being undertaken on their properties. 

 

 

 

 

 

 

 

 

That the submission is acknowledged, noting the following recommendations further to points raised:

 

1.    That approval be conditioned to specify that no more than one (1) client may visit the property at any one time in association with the Home Business.

 

2.    No recommendation.

 

3.    No recommendation.

 

4.    Approval is recommended to be conditioned to limit hours of operation to between 9am – 5pm Monday to Friday.

 

5.    No recommendation.

 

6.    No recommendation.

 

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 236 of 237

 

9.2.4      SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA25

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    28 July 2016

 

SUMMARY:         The Department of Planning is undertaking a post-implementation review of the Planning and Development (Local Planning Schemes) Regulations 2015. The Department wrote to all local governments on 16 June 2016 with a list of possible amendments and requested feedback by the 18 July 2016.

As an extension to the comment period was not granted, Officers made an officer level submission on the post-implementation review.

This report recommends that Council endorses the submission made by Shire Officers.

 

 

BACKGROUND

 

Previous Considerations

 

SMC 29 January 2015                        Item 9.2.2

OMC 25 February 2016                     Item 9.2.3

 

The Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regulations) came into operation on the 19 October 2015 and replaced the Town Planning Regulations 1967. The LPS Regulations resulted in the following changes of note:

 

·    Introduction of deemed provisions which apply automatically to all Local Planning Schemes across the State and have effect as it they were a part of the Scheme. Amendment No 4 to Local Planning Scheme No 6 (LPS6) was recently approved by the Minister to remove the provisions of LPS6 which have been replaced by the deemed provisions.

 

·    Inclusion of model provisions which are similar in function to the previous Model Scheme Text, however are more prescriptive as they set the types of land use zones and objectives for each zone. The Shire will be required to amend LPS6 to be consistent with the model provisions by 2020.

 

·    Introduction of changes to the scheme amendment process to allow for three tracks of scheme amendments (basic, standard and complex).

 

·    Inclusion of the structure plan adoption and approval process into the deemed provisions to the effect that the Western Australia Planning Commission (WAPC) is the sole approval body for a structure plan (previously it was a dual approval between the local government and the WAPC). Also, specific timeframes have been incorporated in which the local government must assess and accept a structure plan for advertising, the period of advertising and the period the local government has to prepare a report for consideration by the WAPC.

 

As the LPS Regulations have been operational for nine months, the Department is undertaking a post-implementation review and have prepared a list of possible amendments to address issues raised with respect to the implementation of the Regulations. The amendments proposed by the Department are set out in Attachment No 1 and can be categorised into the following:

 

·    proposed amendments to correct administrative errors;

·    proposed amendments to clarify the original intent of clauses or provisions where unintended outcomes have resulted from the drafting process;

·    proposed amendments to vary clauses or provisions where implications for the planning system were not anticipated or misunderstood; and

·    proposed amendments to zones and reserves.

 

COMMENT

 

In the main the amendments proposed are administrative in nature and are generally supported. The WA Local Government Association (WALGA) also reviewed the proposed amendments and circulated a draft response (Attachment No 2). The response prepared by WALGA reflected the Shire officers’ review of the amendments proposed.  As such, the submission made by Shire officers supports the response provided in the WALGA submission. A copy of the officers’ submission is provided in Attachment No 3.

 

WALGA also raised that additional issues should be addressed in the post-implementation review (refer to the final page of Attachment No 2). Officers supported the views of WALGA that the post-implementation review should provide clarity on the issue ‘Connection to SPP requirements’ and specifically, how to ensure local governments have planning discretion in relation to single residential dwellings on lots that have been identified as potentially subject to coastal hazards (and other hazards addressed in SPPs).

 

As Council would be aware, SPP 2.6 – State Coastal Planning now obliges local governments to identify hazards areas and show due regard for this information in the amendment and development of Local Planning Schemes and the assessment of development applications. However there is little clarity in the Regulations (or other planning Guidelines) on how to achieve this.

 

In the Shire’s case a Coastal Vulnerability Study has been prepared consistent with SPP 2.6 which identifies the coastal risk and lots which are likely to be impacted by coastal processes, however an amendment to the Scheme to introduce a Special Control Area has not been finalised. Therefore if single house construction was proposed on a residential lot, even if the CVS identified it being at risk, the development approval may not be required, pursuant to Clause 61 of the deemed provisions – development for which development approval not required. Given the potential risks and liability for the Shire and also given this is a State wide issue, the officers supported the view of WALGA that this should be addressed as a part of the post-implementation review of the LPS Regulation.

 

Overall, it is recommended that Council support the amendment prepared by Officers.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council endorses the submission on the post-implementation review of the Planning and Development (Local Planning Schemes) Regulations 2015 as set in Attachment No 3 of this report.

 

Attachments

1.

Attachment No 1 - Department of Planning's List of Amendments

2.

Attachment No 2 - WALGA submission

3.

Attachment No 3 - Shire of Broome Submission

  


Item 9.2.4 - SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

 

 

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Item 9.2.4 - SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

 

 

Proposed amendments to Planning and  Development

(Local Planning Schemes) Regulations 2015

 

 

Proposed amendments to correct administrative errors

Regulation / Clause

Proposed change

Justification

WALGA response

Regulations

 

All of Regulations

Change the reference to ‘sections’ at the top of each page to ‘regulations.’

Rectify drafting error.

 Support

Model  Provisions

 

cl.7(1) - Contents of scheme

Add additional subclause to the effect ‘the supplemental provisions to the deemed provisions contained in Schedule A of the scheme (if any).’

When undertaking scheme ‘conversions’ to bring local planning schemes into conformity with the new Regulations, planning officers at the Department of Planning have been encouraging local governments to consolidate all of their scheme provisions that are ‘supplemental’ to the deemed provisions into a separate section of the scheme called ‘Schedule A’ for clarity and ease of reference. Accordingly, this proposed change to model provision 7(1) will ensure that it is clear to users of those schemes that the supplemental provisions contained in ‘Schedule A’ form part of the scheme.

7(1) states “In addition to the provisions set out in this document (the scheme text)” so isn’t this just a double up?

 

Without seeing the exact wording, this may still cause confusion.

 

 

Deemed Provisions

 

cl.28(3) - Commission may extend period of approval of a structure plan

Remove words ‘or the conditions attached to the approval.’

This phrase does not have any utility as the Commission does not have the ability under the deemed provisions to approve a structure plan subject to conditions.

Conditional support (would need to see the final text to provide full support for this change).

Suggest that “if there are no changes to the terms of the plan” could also be deleted given the provisions of 29(4)

 

 

 

Proposed amendments to clarify the original intent of clauses or provisions where unintended

outcomes have resulted from the drafting process

 

Regulation / Clause

Proposed change

Justification

WALGA response

 

r.8(1)(c) - contents of local planning scheme

Amend r.8(1)(c) to match the wording used in cl.7(1)(a) of the deemed provisions.

To avoid confusion about deemed provisions being incorporated into schemes.

Assuming that the proposed change refers to cl.7(1)(a) of the  model  provisions rather than the deemed provisions.

If yes, then this change is conditionally supported (would need to see the final text to provide full support for this change).

 

r.15(1) - timeframe for  LG to refer documents to Commission to endorse local planning strategy

Change timeframe for Commission to endorse local planning strategy from 60 days to 120 days.

Change to 120 days will ensure that the process for endorsing a strategy is consistent with the timeframes in the equivalent process for new schemes and complex amendments.

If the justification is to ensure consistency, why not change the timeframes for new schemes and complex amendments to 60 days rather than increasing this timeframe?  This would also assist in the State’s Planning Reform agenda to streamline the planning process and reduce delays.

 

r.22(4) - advertising timeframes

Reduce ‘submission period’ for new schemes and each stream of scheme amendments by amending r.22(4)(a) to 60 days, r.38(4) to 42 days and r.47(4) to 28 days.

There proposed reductions to minimum submission periods reflect the original intent of Regulations. The original intention was to reduce advertising times for new schemes from the previous Regulations, that complex amendments have a timeframe that is the same as the previous scheme amendment process and that standard amendments have a timeframe that is shorter than the previous amendment process. Under the current version of Regulations complex amendments are advertised for longer than the single track amendment process was under the previous Regulations.

‘To reflect the original intent’ is a not a proper justification for change. A more robust justification is needed here. Otherwise the reduced consultation timeframes may be perceived as another way to remove the community from the process, and may further disenfranchise many community members.

 

r.34 - definitions of ‘complex’ amendment

Remove details of ‘complex’ amendment definition and replace with ‘any amendment that does not fall within the definitions of ‘standard’ or ‘basic’ amendment’ or remove the criteria in the ‘complex’ amendment definition which is likely to conflict with the ‘standard’ amendment criteria and clarifying the intent of the ‘complex’ amendment stream

An amendment currently may currently fall within two of the amendment stream definitions. For example, the amendment may be consistent with a region planning scheme (a ‘standard’ amendment) but also be inconsistent with a local planning strategy for the area because the strategy is out of date (a ‘complex’ amendment). It is the intention that the ‘complex’ amendment stream be the ‘default’ stream in that any amendment that does not fall within the definitions of ‘standard’ amendment or ‘basic’ amendment are automatically a ‘complex’ amendment. The intent  of the ‘complex’ amendment stream is to capture amendments that do not comply with the endorsed strategic planning framework; may have significant external impacts; identify or amend a Development Contribution Plan; or any other amendment that does not fall within the ‘standard’ or ‘basic’ amendment definitions.

Conditional Support (would need to see the final text to provide full support for this change).

 

r.34(a) - definition of ‘basic’ amendment

Add to definition of ‘basic’ amendment an amendment that is purely administrative in nature.

The definition of ‘basic’ amendment currently includes amendments that are a result of an ‘administrative error.’ However, local government may have very basic administrative changes (re-numbering for example) that has not resulted from an ‘error’ per se but it would be appropriate for them to be progressed as a ‘basic’ amendment.

 

Conditional Support (would need to see the final text to provide full support for this change).

 

r.34(b) - definition of ‘basic’ amendment

Add to definition of ‘basic’ amendment an amendment to the scheme map for consistency with Schedule 3.

Currently the definition of ‘basic’ amendment only references amendments that bring the scheme into consistency with Schedules 1 and 2 of the Regulations (the model and deemed provisions) but does not capture the zones names and colours listed in Schedule 3.

Conditional Support (would need to see the final text to provide full support for this change).

r.34(b) - definition of ‘basic’ amendment

Add to definition of ‘basic’ amendment an amendment to remove or amend scheme provisions that conflict with the Regulations.

Currently the definition of ‘basic’ amendment only references amendments that bring the scheme into consistency with Schedules 1 and 2 of the

Regulations (the model and deemed provisions) but does not capture changes to the scheme that need to be removed or amended for consistency with the Regulations themselves.

Conditional Support (would need to see the final text to provide full support for this change).

r.34(c) - definition of ‘basic’ amendment

Add to paragraph (c) of the definition of ‘basic’ amendment, an amendment to the scheme text to delete or amend provisions that have been superseded by the deemed provisions.

Currently, paragraph (c) of the definition of ‘basic’ amendment refers to an amendment to the scheme text to ‘delete’ provisions that have been superseded by the deemed provisions. However, in many cases current scheme provisions just need to be reworded so that they are not inconsistent with the deemed provisions rather than deleted in their entirety.

Therefore, it is proposed that a proposal to ‘amend’ a scheme provision as a result of the deemed provisions to be a ‘basic amendment.’

Conditional Support (would need to see the final text to provide full support for this change).

r.34(d) - definition of ‘complex’ amendment

Remove subclause (d) from the definition of ‘complex’ amendment and include a new provision which provides that where the Minister orders a local government to amend their scheme as a result of under s.76 or 77A of the Act, then the Minister is to determine which amendment stream is appropriate for progressing the amendment. This new provision could be located in r.7, which provides that the Regulations apply to a scheme amendment that has resulted from an order under section 76 or 77A.

Currently paragraph (d) of the definition of ‘complex’ amendment includes an amendment made to comply with an order made by the Minister under section 76 or 77A of the Act. However, it is not necessarily the case that because the Minister has ordered a local government to amend their scheme under one of these sections that it is ‘complex’ in nature. For example, it may be the case that the Minister orders a local government to amend their scheme for consistency with a region planning scheme that applies to the area. In this scenario, it is likely that the amendment could be progressed as a ‘basic’ amendment.

Conditional Support (would need to see the final text to provide full support for this change).

r.37(5) - resolution to proceed to advertise ‘complex’ amendment

Amend r.37(5) to make it clear that if the  local government resolves not to proceed to advertise a scheme amendment under r.37(1) (c), then the local government must provide a copy of that resolution to the Commission within 21 days. Also clarify that if the Local government resolves not to proceed to advertise a complex amendment then the scheme amendment process stops there (i.e. the Commission does not need to consider it and the Minister does not need to make a decision on the amendment).

Currently, the ordering of the provisions under r.37 suggest that the a local government can resolve to proceed to advertise a scheme amendment, but then refuse to make the modifications requested by the Commission under r.37(4).

Also there appears to be confusion as to whether, under cl.37, a local government resolves not to proceed to advertise the scheme amendment that the scheme amendment does not progress any further.

Conditional Support (would need to see the final text to provide full support for this change).

r.38(3) - advertising ‘complex’ amendment - copy at office of WAPC

Remove requirement for a ‘complex’ amendment to be made available for inspection at the office of the Commission under r.38(3)(b).

Currently, under r.38(3), during the advertising of a ‘complex’ amendment, the local government must make sure that the amendment is available for inspection at the office of the local government and the Commission. However, under r.47(3) a ‘standard’ amendment only needs to be made available for inspection at the office of the local government.

Therefore, removing the requirement for a ‘complex’ amendment to be made available for inspection at the office of the Commission will ensure consistency with the ‘standard’ amendment process.

Conditional Support (would need to see the final text to provide full support for this change).

 

The justification should also acknowledge that it was unreasonable to expect that any local government could have control over the public advertising display space at the Commission’s office.

 

r. 47(2)(c) - advertisement of a ‘standard’ amendment

Amend r.47(2)(c) to provide that when the local government provides a copy of the notice of the ‘standard’ amendment to each public authority that is likely to be affected by the amendment, the local government is also to provide a copy of the notice to the Commission (for its information not for assessment).

For a new schemes and ‘complex’ amendments the Commission is sent a copy of the proposal before it is advertised. However, this is not the case with a ‘standard’ amendment because there is no second resolution to proceed to advertise the amendment. Currently for a ‘standard’ amendment the Commission does not become aware of the proposed amendment until it is submitted to the Commission for assessment.

Not supported.  It could be clearer to add in a new section r.47(2)(f) which just required the local government to send the Commission a copy of the notice.

Attaching it to clause r.47(2)(c) may cause more confusion, as it implies that the Commission wants to see all of the notices sent to the public authorities. If the Commission just wants to be aware of the amendment, then one copy of the notice would be easier for the administration of this requirement.

 

r.67(1) - decision of Commission on LPS review

Amend r.67(1) to provide that if the Commission disagrees with the recommendation in the report of review, the Commission can direct to undertake such steps as the Commission sees fit.

Under s.92(1)(b) of the PD Act, the Minister can either approve the review and recommendations with respect to the Scheme or require the local government to take any further action directed by the Minister before the review is resubmitted for the

Minister’s approval (i.e. if the recommendation is that a new scheme should not be prepared, the Minister can direct a new scheme to be prepared). This option is not available to the Commission under r.67(1). Therefore, it is suggested that r.67(1)(a) be amended so that if the Commission disagrees with the local government’s recommendation then it can direct the local government to do what the Commission thinks is necessary.

Not Supported.

This is a major change in the ‘power’ of the WAPC, and could provide the WAPC with the same powers of the Minister, in being able to direct a LG ‘to do what the Commission thinks is necessary’. And without clear governance being proposed to accompany this regulation change, these powers may not be used correctly.

It may be more appropriate to clarify that the Commission may forward the report on the review of a local planning scheme to the Minister to consider, who can then consider the use of the provisions of s.92(1)(b).

 

r.77 - definition of ‘planning instrument’

Move definition of ‘planning instrument’ contained in r.77 to r.3 so that the definition applies to the Regulations in their entirety, including the deemed provisions.

The SAT case of Terra Spei Ltd v Shire of Kalamunda noted that this definition of ‘planning instrument’ only applies for the purpose of Part 9, and cannot be applied to the reference to ‘planning instrument’ in cl.67(b) of the deemed provisions.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

Model  Provisions

WALGA response

cl.18(2) - definition of ‘P’ use

Replace the word ‘any’ with ‘all’.

This amendment will clarify that in order for a use to be considered a ‘P’ use, it much comply with all of the development standards and requirements in the scheme which apply to the proposed use.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.18(7) - explanation of how to deal with an application for

development approval in an urban development zone

Move cl.18(7) to cl.27 of the deemed provisions (and equivalent clauses for activity centre plans and local development plans).

Moving cl.18(7) to the deemed provisions is intended to provide clarification how to determine a planning application where land use permissibilities are contained in a structure plan, as this has cause considerable confusion.

Conditional Support as without seeing the exact wording, this may just add further confusion

cl.20 - restricted uses

Replicate the legislative note in cl.4.6 of the previous MST in cl.20 of the model provisions. This legislative note says ‘ a restricted use is the only use or uses that  is permitted on a specific portion of land and other uses that would otherwise be permissible in the zone are not permitted.’

There is currently some confusion with respect to how the restricted uses table is to be used. Clause 14 of the model provisions (which is based on the 1999 MST) provides that only the uses listed in the restricted use table are permitted on the site. This is the most common way the table is used. However, the local planning manual suggests that the table is to be used to list uses that are prohibited on the site, notwithstanding that the use may be listed as permitted in the zoning table. This proposed amendment will clarify that the restricted use table should be used to identify the only uses that are permitted on the identified site.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.25(4) - when the R-Codes apply

Amend cl.25(4) to clarify that the R-Codes apply to an area if it has a coding number superimposed on the scheme map or in a  provision of the scheme that applies the  R-Codes.

In some cases scheme provisions, rather than the scheme map, identify the R-Coding for an area. E.g. a scheme provision may say that residential development in a rural zone is to be in accordance with the R10 coding. The intention of this proposed amendment is to ensure the R-Codes apply where such provisions are used.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.34 - variations to site and development standards

Broaden cl.34 to allow for variation to any site or development standard contained in the scheme. Also, add a provision similar to cl.5.5.1 of the previous MST to clarify that this clause does not apply with respect to development to which the R-Codes apply.

It is common for site and development standards to be disbursed throughout the scheme text. For example, many schemes include site and development standards in under the zone objectives. Therefore, it is preferred that cl.34 be broadened to allow for variation to any site and development  standards contained in the scheme, rather than only those contained in cl.32 and cl.33 of the model provisions. Adding a provision similar to cl.5.5.1 of the previous MST will ensure that cl.34 does not allow for variation to the requirements of the R-Codes (as the R-Codes have their own in built variation mechanisms).

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

cl.34 - variations to site and development standards

Move cl.34 to the deemed provisions.

Clause 34 is considered to be of great importance and it has been suggested that it be moved to the deemed provisions.

Not Supported.

‘of great importance’ is not sufficient justification to warrant moving this clause to the deemed provisions.  And who has actually suggested moving the clause?

Greater consultation on this clause would be needed with all stakeholders prior to moving it to the deemed provisions as it will affect all 140 Local Governments Local Planning Schemes

 

 

cl.38 - definition of animal husbandry - intensive

Amend definition as follows: ‘Premises used for keeping, rearing or fattening of alpacas,  beef and dairy cattle, goats, pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production), sheep or other livestock in feedlots, sheds or rotational pens.

Outcome of review of SPP 2.5.

Doesn’t ‘other livestock’ already cover these additional animals?

 

cl.38 - definition of aged care

Add definition for aged care facility/ nursing home to mean ‘a premises used to provide accommodation and personal or nursing care for the aged and may include recreational, health or laundry facilities and services for residents of the facility.’

Concerns have been raised by City of Nedlands that if a local government wanted to allow for aged care/ nursing homes in residential areas the closest existing definition in the model provisions is a ‘hospital.’ However, it was argued that allowing for a ‘hospital’ in a residential zone may not be appropriate. This proposed definition is currently contained in the Victorian model planning provisions.

WALGA has undertaken some preliminary

research into this issue, and spoken with

several Local Governments and Aged Care

providers as to what definition may be more

appropriate. The new definition WALGA

puts forward for discussion is:

 

Aged Care Accommodation: means a facility

which encompasses residential aged care;

a premises in which persons receive medical

and domestic care due to illness or disability,

and retirement villages; or a development

containing accommodation for aged persons.

 

NOTE: Aged Care Accommodation could also include ancillary services, including respite care or small commercial operations e.g. a small café or hairdresser, which can be accessed by the residents and possibly the wider public. 

 

While the wording of this definition will need further discussion, WALGA has taken the advice of its members and Aged Care providers and provided a definition which incorporates the direction that aged care facilities are taking, in encouraging ageing in place through the co-locating of residential aged care and retirement villages. This definition includes other accommodation types such as supported accommodation, transitional care and respite care, as well as ancillary facilities which are available to both residents and the wider community.

 

 

cl.38 - definition of bulky goods showroom

Amend definition by changing the ‘or’ between subclause (a) and (b) to an ‘and’ and clarify that the list of products in subclause

(a) is not exhaustive.

Currently, small shops which sell party supplies, for example, would be classed as a ‘bulky goods showroom’ even though the premises does not require a large area or a bay for collection of goods.

What is a definition of a large area? Suggest a size threshold might be more appropriate as per the size threshold for large and small liquor stores outlined in WALGA’s  Alcohol Management Guide.

 

cl.38 - definition of fast food outlet/ lunch bar

Separate the definitions of fast food outlet and lunch bar, retaining the current definition for fast food outlet and adopting the definition for lunch bar from the previous Model Scheme Text.

There is concern that there may be zones where a lunch bar is appropriate but not a fast food outlet like McDonalds.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.38 - definition of freeway service centre

Amend definition to add the underlined text: ‘Premises that has direct access to a freeway and which provides all the following services or facilities and may provide other associated facilities or services but does not provide bulk fuel services -

(a)     service station facilities;

(b)     emergency breakdown repair for vehicles;

(c)     charging points for electric vehicles;

(d)     facilities for cyclists;

(e)     restaurant, café or fast food services, excluding the sale or consumption of  alcohol under the Liquor Licensing Act  19 88;

(f)      take-away food retailing, without a drive- through facility;

(g)     public ablution facilities, including provision for truckers, disabled access and infant changing rooms;

(h)     parking for passenger and freight vehicles;

(i)      outdoor rest stop facilities such as picnic tables and shade areas; and

(j)      dump points for the disposal of black  and/or grey water from recreational  vehicles.’

Outcome of review of DC 1.10.

Support.

 

 

cl.38 - definition of industry cottage

Add back in the definition of industry cottage from previous Model Scheme Text.

This will allow people to make crafts at their home and then sell them from their home, which is common in rural areas.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.38 - new definition for ‘renewable energy facility’

Add a new definition for ‘renewable energy facility’ to replace the ‘wind farm’ definition with the following definition: “renewable energy facility means premises used to generate energy from a renewable energy source and includes any building or other structure used in, or in connection with,  the generation of energy by a renewable resource. It does not include solar panels or

a wind turbine located on a lot with a single house where the energy produced only supplies that house or private rural use or anemometers.”

To capture solar facilities and wind farms.

Suggest the definition is made clearer, particularly the definition of a renewable energy source – for example does this definition include energy from waste facilities?

 

cl.38 - definition of road house

Change ‘road house’ to ‘roadhouse’ and amend definition by adding the underlined text: ‘Premises that has direct access to a State road other than a freeway and which provides the services or facilities provided by a freeway service centre and may provide any of the following facilities or services:-

(a)     a full range of automotive repair services;

(b)     wrecking, panel beating and spray painting services;

(c)     transport depot facilities;

(d)     short-term accommodation for guests;

(e)     facilities for being a muster point in response to accidents, natural disasters and other emergencies; and

(f)      dump points for the disposal of black and/or grey water from recreational vehicles.

Outcome of review of DCP 1.10.

Support.

 

 

cl.38 - definition of ‘service station’

Change the ‘or’ between subclauses (a) and

(b) of the definition to ‘and/or’.

Currently, the ‘or’ between subclauses (a) and (b) of the definition of ‘service station’ means that a

service station can sell petrol but cannot undertake minor mechanical repairs to vehicles. Concern has been raised that a large number of service stations, as well as selling petrol, also offer mechanical repairs, tyre repairs and greasing and the way the definition is currently drafted would prevent this. This proposed amendment will, for example, allow a service station to sell petrol and provide services for minor mechanical repairs. Alternatively it will allow the service station to sell petrol without offering mechanical repairs.

Support.

 

cl.38 - definition of ‘shop’

Revise the definition of shop to address land uses like department stores and supermarkets.

Currently the definition of ‘shop’ would include a supermarket and department stores. There may be zones where a small shop is appropriate but not a supermarket or department store.

How will this be achieved, by size?

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.38 - new definition for ‘repurposed dwelling’ and ‘second hand dwelling’

Add new definitions for ‘repurposed dwelling’ and ‘second hand dwelling’ as follows: ‘repurposed dwelling’ ‘means a building or structure not previously used as a single house which has been repurposed for use as a dwelling.’ ‘second hand dwelling’ ‘means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does  not include a modular home or transportable dwelling.’

Amenity concerns have been raised by various stakeholders with respect to relocatable and transportable dwellings being exempt under the Regulations as they would currently fall within the definition of a ‘single house’ which are normally listed as ‘P’ uses in schemes. To address this issue it is proposed that separate land use definitions for ‘repurposed dwellings’ and ‘second hand dwellings’ into the model definitions and then local governments can control the location of these dwellings through the zoning table.

 

Not supported as it is not the best outcome and adds an additional administrative layer onto those local governments affected.

Creating two additional landuses may be more confusing and requiring every Local Government to include these clauses into their Scheme is time-consuming and an unnecessary administrative burden.

WALGA has advocated for the reinstatement of Local Planning Policies (LPP’s) created under the RCodes, as the streetscape and amenity issues for these types of dwellings can be controlled through LPP’s prepared under the Rcodes. 

How does this address concerns with respect to relocatable and transportable dwellings such as factory made modular homes? Or are they just considered a being just a new ‘single house’? And would this new definition affect modular two storey additions to a single house?

 

cl.3(1) - where a local planning policy may be prepared

Amend cl.3(1) to make it clear that a local government can only make local planning policies with respect to matters which it has discretion to determine (i.e. development). Further, if a local government wishes to create a local planning policy which is a matter of Commission discretion (i.e. Public Open Space), then the local planning policy will require the Commission’s approval to ensure that it is consistent with the State Planning framework (i.e. SPPs and Liveable Neighbourhoods).

There have been calls to introduce a mechanism whereby the Commission can intervene in the process for preparing a local planning policy where the Commission has a firm policy position. However, rather than introducing a formal right to intervene, it is thought more appropriate to ensure that

Commission approval is sought for any local planning policy which relates to matters which the Commission determines.

Not supported as the final text is required in order to properly consider this change.

Local Planning Policies (LPP’s) carry no statutory weight, so what is the purpose of seeking WAPC approval for LPP’s?

What approval processes will be in place for the approval of LPPs?

Will there be a more streamlined options available like the Local Planning Scheme adoption/amendment process?

And what happens to existing LPPs with respect to matters which is a matter of Commission discretion (ie existing POS policies, if there are any). And how many currently exist?

 

cl.4(1) - advertising of a local planning policy

Amend cl.4(1) to clarify that the Commission can waive the advertising of a local planning policy.

As this clause is currently drafted it could be argued that the Commission can only agree to a different method of advertising rather than having the ability to waive advertising altogether.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.8(3) - advertising/ notification requirements for heritage list

Include a provision which provides that where the owner applies for their own property to be added to the heritage list, the LG may waive the requirement to notify the owner under cl.8(3)(a).

The City of Perth have advised that many people ask for their own property to be added to the heritage list and in such cases it seems impractical to advise the owner of the proposal to include the property on the heritage list under cl.8(3).

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.8(3) - interim heritage listings

Add a provision which provides that if it is proposed that a property will be entered on the heritage list and the local government complied with cl.8(3)(a) (has notified the owner in writing of the proposal) then the property is automatically considered to be on the heritage list for a period of 1 year or until a resolution under cl.8(3)(d) is made, which ever occurs first.

Local government have requested a mechanism to protect interim heritage places from planning exemptions until assessment and formal listing occurs. It is intended that once the land owner has been notified in accordance with cl.8(3)(a) the property will be considered to be on the heritage list for the purpose of the exemptions in cl.61 of the deemed provisions.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.9(2)(b) - heritage significance of area

Add to cl.9(2)(b) that the local planning policy designating the heritage area must include

a statement about the heritage significance of the area and the objectives of the heritage area.

 

Surely the objectives of a heritage area are covered off by cl 9.(1) that states the purpose of designating a heritage area. What is the purpose of requiring additional details that are already covered by the regulations?

Justification? Objectives like ‘preserving heritage’, ‘increasing awareness’?

cl.15(a) - when a structure plan may be prepared

Replace the ‘and’ between cl.15(a)(i) and 15(a)

(ii) to an ‘or’ so that a structure plan may be prepared if located in a zone identified in the scheme as an area suitable for urban or industrial development or is located in an area that the Scheme identifies as requiring a structure plan before subdivision or development is undertaken.

Further, add an additional provision to clarify that a structure plan may be prepared in support of an amendment to rezone land to urban or industrial development (in accordance with cl.15(a)(i)).

Allows for a structure plan to be prepared once the scheme amendment to rezone the land to urban or industrial development has been initiated. Also allows for the structure plan and the associated scheme amendment to be advertised concurrently. However, in accordance with the requirement of cl.15(1)(a) the scheme amendment will need to be given final approval by the Minister before the WAPC can resolve to approve the structure plan.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.17 - action by local government on receipt of application for a structure plan

Add a provision which allows an applicant to withdraw its application for a structure plan at any stage in the structure plan approval process.

Currently there is a degree of uncertainty whether an applicant can withdraw a structure plan application when it is part of the way through the approval process.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.22(2) - Commission may direct readvertising

Remove the words ‘before a decision is made under subclause (1)’ and amend provision to provide that where the Commission makes a decision to require modifications to the structure plan under cl.22(1)(b), and these modifications are considered to be ‘major’ then the Commission may require the local government to readvertised the required modifications before making the modifications and resubmitting the structure plan to the Commission for approval.

 

Provide that, if the Commission requires modifications and those modifications are readvertised, then the Commission has 60 days from the structure plan being resubmitted to approve the structure plan.

 

Also, include a provision which clarifies that when modifications are readvertised, the local government is required to resubmit another report in accordance with cl.20 of the deemed provisions with respect to the outcome of submissions.

Currently, if the Commission requires modifications to be advertised, there is no stop the clock on the 120 day deemed refusal period under cl.22(5) as a

decision under cl.22(1)(b) has not yet been made. Also, there is no guidance with respect to how the local government is to process the amendment once it has been readvertised. This causing some confusion.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.22(5)(a) - deemed refusal period for structure plans (also cl.41 and cl.54)

Add a provision which clarifies that where the Commission requires modifications to a structure plan (stopping the clock on the deemed refusal period) the Commission must provide a timeframe in which the modifications need to be made and resubmitted to the Commission before the structure plan is deemed to be refused.

Proposed timeframe is 28 days, or as otherwise provided by the Commission.

Currently when the Commission requests modifications to a structure plan, if the applicant refuses to make these modifications then the timeframe for deemed refusal stops indefinitely under cl.22(5) unless the Commission refuses the application.

Is 28 days long enough to make the modifications required?  Does this timeline factor in any requirement for the structure plan to go back to a full Council meeting for endorsement?

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.25 - SAT review of structure plan (also cl.41 and 51)

Add an express right of review to SAT for situations where the Commission requires modifications to a structure plan under cl.22(b) and the applicant disagrees with those modifications.

Currently cl.25 only provides a right of review to SAT of a decision by the Commission ‘not to approve a structure plan.’ This has caused some confusion as to whether an applicant has a right of review to SAT with respect to a Commission’s decision to require certain modifications to be made and the structure plan be resubmitted for approval.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.29(3) - process for minor structure plan amendment (also cl.45 and cl.59)

Amend cl.29(3) to provide that where the local government has waived the advertising of a minor amendment to the structure plan, cl.19 (local government consideration of submissions) also does not apply. Also include a provision which provides, to the effect, that where the local government and the Commission agree that an amendment to a structure plan is a ‘minor amendment’ the Commission’s assessment timeframe under r.22(5) is 42 days rather than 120 days.

In line with intention to reduce red tape in planning processes.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.47 - when a local development plan may be prepared

Add a provision to cl.47 to provide that a local development plan may be prepared where the scheme requires one to be prepared.

Many schemes include provisions which require local development plans to be prepared before development occurs in certain areas.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.58 - when local development plan can be revoked

Add to cl.58 that all or part of a local development plan may be revoked if a new one is prepared over the same area. Also give the local government the ability to revoke a local development plan if the local government considers that the plan has been complied with or is no longer required. Also add a requirement that before the local government is able to revoke a local development plan it must notify the landowners covered by the plan.

Currently the effect of cl.58 is that a local development plan can only be revoked if the development to which the plan relates becomes a non-conforming use.

Notifying landowners of the intention to revoke a local development plan (LDP), could be problematic if the LDP covers a large area. The administrative costs for local government to comply with this could be excessive for larger sites (ie letters and postage costs).  If the plan has been complied with or is no longer required, couldn’t something be included in the 10 year life span of a LDP and remove the need for ‘notification’? (Clause 57)

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(a) - exemption for works wholly located in a regional reserve

Provide clarification, perhaps in the form of a legislative note, that where a development is partially located on a region scheme reserve and partially on zoned land, the development requires approval of the local government for the zoned portion (the WAPC will be responsible for granting approval on the reserved portion of the development).

Clause 60 of the deemed provisions provides that all development requires approval except if it is exempt under cl.61. Under cl.61(1)(a) the carrying out of works that are wholly located on a regional reserve are exempt from development approval under the local scheme. It follows that a development located partially on a regional reserve and partially on land zoned under the scheme requires approval. However, the exemption does not clarify that it is only the portion of the development which is on the zoned portion of land which needs approval from the local government (as per the case of Paintessa Development Pty Ltd v Town of East Fremantle [2014] WASAT 81).

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(b) - exemption for internal building work - heritage

Amend cl.61(1)(b) to reverse the heritage default so that if a property is on the heritage list then the exemption does not apply  unless the heritage list specifies that the interior does not have heritage significance.

This change has been suggested as, in many cases, a property may be on the heritage list but the heritage significance of a building’s interior may not yet have been assessed.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(c) - single house exemption

Add the word ‘renovation’ after ‘extension.’

This change will clarify that the single house exemption includes ‘renovations’ in the sense of, for example, replacing window frames or re-roofing.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(c) and (d) - development on ‘small lots’

Amend cl.61(1)(c) and (d) by adding a new subclause (iv) to provide that the exemption does not apply if the R-codes state that approval is required. Alternatively, this clause could be added to cl.61(3).

This amendment will clarify that cl.2.3 of the R-codes, which provides that planning approval is required for the erection of a single house on a lot smaller than 260m2, continues to apply notwithstanding the exemptions contained in cl.61 of the Regulations.

For the purposes of clarity should cl. 61(3) which refers to cl.61(1) not be contained in cl.61(1)? 

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(e) - demolition of a single house

Amend cl.61(1)(e) to exclude single houses that have been converted to consulting rooms or some other commercial use.

Currently, the demolition exemption in cl.61(1)

(e) would capture single houses that have been converted to consulting rooms. This is because the definition of single house in the R-Codes refers to a dwelling. A dwelling is defined as ‘a building or portion of a building ‘used, adapted, or designed or intended to be used for the purpose of human habitation.’ A single house converted to and being used for consulting rooms would arguably still fall

within the definition of ‘dwelling’ as the building was designed for human habitation.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(h) - exemption for erection or installation of a sign

Amend cl.61(1)(h) to provide that a class of sign to which the exemption applies may be specified in a local planning policy, local development plan or the scheme.

Many schemes include exempt classes of signs in a schedule to the scheme, which should be captured for the purposes of cl.61(1)(h).

Any change needs to also state that the exemption is only provided when the sign complies with the Scheme provisions, not just that it is within the class of sign exempted in a schedule to the scheme.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(4) - local development plan, activity centre plan or local planning policy ‘made under the R-Codes’

Add words to the effect ‘made under the R-Codes’ after ‘local planning policy’ in cl.61(4)(c).

Under cl.61(4)(a) development is taken to satisfy a deemed to comply requirement of the R-Codes if it complies with a requirement in a local development plan or an activity centre plan made ‘under the

R-Codes’ that amends or replaces the deemed to comply requirement. The ‘made under the R-Codes’ component is important because variation of certain deemed to comply requirements under a local development plan, activity centre plan or a local planning policy requires the endorsement of the Commission under cl.7.3.2 of the R-Codes. However, cl.61(4)(c) only refers to an LPP, not an LPP ‘made under the R-Codes’ so arguably the requirement for Commission endorsement of LPPs that amend certain deemed to comply requirements is not captured.

Providing the wording also ensures connection to Local Planning Policies made under cl.7.3.1 (a) and 7.3.1 (b) of the RCodes, then this should resolve our members concerns about the current loss of connection to existing streetscape and amenity local planning policies.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(5) - instant start provision

Remove cl.61(5).

It has been requested that cl.61(5) be removed  until the Building Commission’s instant start reform initiative is implemented as this clause is causing confusion. Many developers and local governments have assumed that a single house verification form needs to be submitted to the local government before claiming the exemption, which is incorrect.

This change also needs to ensure the removal of the Single House Verification form itself (Form 6), as the form has numerous inaccuracies.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.66(3) - consultation with other authorities with respect to a development application

Amend cl.66(3) to provide that the time in which a public authority has to provide comments is the same amount of time as the public is given to make submissions.

Proposed change based on concerns raised by local governments that 42 days is too long for a statutory authority to provide comments. Currently the WAPC’s delegation to local governments to determine development applications under the MRS only allows statutory authorities 30 days to provide comments otherwise it will be assumed that the statutory authority has no objections.

The proposed change should refer to the MRS referral times rather than the ‘amount of time as the public is given to make submission’ given that is what the justification says.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.67(b) - relevant planning considerations - orderly and proper planning

Amend cl.67(b) to provide that any proposed local planning scheme or amendment or any other proposed planning instrument that has been advertised is to be given ‘due regard’ in planning decision making.

In the case of Terra Spei Ltd v Shire of Kalamunda attention was drawn to the fact that a local government is to have due regard to a scheme or amendment if it has been advertised, but must have due regard to all other planning instruments (i.e. structure plans) only once these instruments become a seriously entertained proposal.

Conditional Support as without seeing the exact wording, this may just add further confusion.

 

cl.86 - application form for development  approval

Add ‘bushfire prone area’ check box.

For consistency with recent bushfire reforms.

Support.

 

cl.86 - application form for development  approval

Provide clarification in cl.86 that an applicant may submit MRS form 1 (application for development approval under the MRS) where development approval is required under the MRS and the local scheme.

Submitting MRS Form 1 will be considered to be an application under the MRS and the local scheme (without the applicant needing to submit the form in cl.86 as well).

Many local governments only require MRS form 1 to be submitted where approval under the region scheme and the local scheme is required. It is considered impractical for applicants to submit 2 forms that contain essentially the same information.

Support.

 

 

 


 

Proposed amendments to vary clauses or provisions where implications for the planning system were not anticipated or were misunderstood

 

 

Regulation / Clause

Issue / Change

Justification

WALGA response

Regulations

 

 

r.51 - LG may advertise proposed  modifications

Remove r. 51 (and the equivalent provision for new schemes and complex amendments). Then broaden r.50(3)(b) to remove the requirement that any proposed modifications must be in response to issues raised in submissions. Make the same amendments to cl.19(1)(d) and cl.19(2).

The final decision on schemes/ amendments rests with the Minister, so it is proposed that a local government should not readvertise proposed modifications as the Minister may not ultimately agree with them.

Without seeing the exact wording, this is not clear and cannot be supported.

 

r.66 - report of review

Amend r.66 to provide that if a new scheme is being prepared when a scheme is due to be reviewed in accordance with r.65, the Commission may waive the requirement to prepare the report of review under s.66 if the local government has resolved to proceed to advertise the scheme under r.21.

Local government have argued that it is unnecessary to undertake a review if a new scheme is already being prepared.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

Model  Provisions

WALGA response

 

 

cl.25 - application of R-Codes

Add a new exemption to cl.61(1) which provides that the erection or extension of a single house in an urban development zone is exempt if the development is in accordance with an endorsed structure plan and an approved subdivision.

As the R-Codes do not apply in an urban development zone, currently the single house exemption does not apply in those zones (in the absence of a local planning policy which extends the single house exemption to these areas). This was not an intended outcome.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

Deemed Provisions

WALGA response

 

 

cl.9(3)(b) - advertising of a heritage area

Amend cl.9(3)(b) to provide that the designation of a heritage area may be advertised in ‘one or more ‘ of the ways listed in subclauses (i) to (iii).

Requested by local governments. This amendment will also ensure consistency with the advertising requirements in cl.64(3) of the deemed provisions.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

cl.61 - protection of significant trees

Add a provision or a legislative note to cl.61 which provides that notwithstanding the exemptions, approval is required for the removal of any trees identified on a significant tree register.

There is currently some confusion that the single house exemption allows for the removal of ‘significant trees’ without approval. This is not the case. Although there is an exemption for the erection of a single house, development approval is still required to remove significant trees.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

cl.79 - entry and inspection powers

Amend cl.79 of the deemed provisions so that it is consistent with s.100 of the Building Act 2011.

It has been requested that the power of entry powers in cl.79 be broadened to allow for police to assist.

Section 100(2) of the Building Act 2011 allows for entry with the consent of the owner or under the authority of an entry warrant.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

Proposed amendments to zones and reserves

 

 

Regulation / Clause

Issue / Change

Justification

WALGA response

Model  Provisions

 

cl.16 - ‘urban development zone’

In the fourth dot point of the objectives replace the reference to the metropolitan region scheme with ‘a region planning scheme.’

 

Support.

 

Schedule 3

WALGA response

 

‘special purpose reserve’

Remove the word ‘reserve’ from the reserve name in cl.1 of Sch 3 and from the zone name listed in cl.14 of the model provisions.

For consistency with the other reserve names listed.

Support

 

‘Rural townsite zone’

Remove the word ‘zone’ from the zone name in cl.2 of Sch 3 and from the zone name listed in cl.16 of the model provisions.

For consistency with other zone names listed.

Support

 

‘Special use zone’

Remove the word ‘zone’ from the zone name in cl.2 of Sch 3 and from the zone name listed in cl.16 of the model provisions.

For consistency with the other zone names listed.

Support

 

‘private clubs, institutions and place of worship zone’

Rename zone name to ‘private community purposes’ in cl.2 of Sch.3 and cl.16 of the model provisions.

 

 Support

 

‘foreshore reserve’

Add a new ‘foreshore reserve’ with the following objectives listed in the reserve objectives table in sch.1 cl.14 :

1.      To set aside areas for foreshore reserved abutting a body of water or water course, particularly those required pursuant to State Planning Policy 2.6 State Coastal Planning Policy and any other Commission policy.

2.      To provide for the protection of natural values, a range of active and passive recreational uses, cultural and community activities, activities promoting community education of the environment and/or uses that are compatible with and/ or support the amenity of the reservation.

 

To ensure protection of foreshore areas.

Support

‘and any other Commission policy’ may need to be refined as its could be too broad, should only be for State Planning Policies, not Development Control policies or guidelines etc.

 

 

‘priority agricultural zone’

Add a new ‘priority agricultural’ zone with following objectives:

•     To identify land of State, regional or local significance for food production purposes;

•     To retain priority agricultural land for agricultural purposes

•     To limit the introduction of sensitive land uses which may compromise existing, future and potential agricultural production.

 

Outcome of review of SPP 2.5.

Support


 

‘rural enterprise zone’

Add a new ‘rural enterprise’ zone - Definition from SPP 2.5 - A predominantly light industrial zone that provides for light industrial land uses and an ancillary residential dwelling on one lot, with lot sizes in the order of one to four hectares. May also be known as rural industry or composite zones.) with the following objectives:

•     To provide for light industrial and ancillary residential development on one lot.

•     To provide for lot sizes in the range of 1 ha to 4 ha.

•     To carefully design rural enterprise estates to provide a reasonable standard of amenity without limiting light industrial land uses.

To notify prospective purchasers of potential amenity impacts from light industrial land uses.

Outcome of review of SPP 2.5.

 

 

 

 

 

 

 

 

 

 

 

 

Support

 

 

‘cultural and natural resource zone’

Add new ‘cultural and natural resource zone’ with the following objectives:

•    Provide for development associated with the extraction of mineral and natural resources.

•    Ensure the preservation of Aboriginal heritage and culturally significant areas

•    Provide for the conservation of significant landscape and environmental areas and values.

•    Allow for low impact tourism development including limited tourist accommodation and camping areas.

•    Allow land uses associated with Aboriginal heritage, traditional law and culture.

This zone would typically cover Aboriginal Land Trust land where a variety of land use rights and interests apply over the land as part of indigenous land use agreements under the Native Title Act 1993, such as traditional hunting and camping, management of land and economic ventures. The creation of this zone was originally requested by Traditional Owners on the Dampier Peninsula. The zone was approved by the then Minister for Planning, and noted by Cabinet in early 2015 in relation to the Dampier Peninsula Planning Strategy, just prior to the release of the new Planning and Development (Local Planning Schemes) Regulations 2015. The ‘cultural and natural resource’ zone has been used in the Kimberley Regional Planning and Infrastructure Framework, Dampier Peninsula Planning Strategy, and the Shire of Broome’s Local Planning Strategy and Local Planning Scheme No.6.

Support

 

‘ ‘Local centre zone’

Add new ‘local centre’ zone with the following objectives:

(a)    Provide services for the immediate neighbourhoods, that are easily accessible, which do not adversely impact on adjoining residential areas.

(b)   Provide for neighbourhood and local centres to focus on the main daily household shopping and community needs.

(c)    Encourage high quality, pedestrian- friendly, street-orientated development.

(d)   Provide a focus for medium density housing.

(e)   Ensure the design and landscaping of development provides a high standard of safety, convenience and amenity and contributes towards a sense of place and community.

 

 Support

‘District centre zone’

Add a new ‘district centre’ zone with the following objectives:

(a)    Provide a community focal point for people, services, employment and leisure that are highly accessible and do not adversely impact on adjoining residential areas.

(b)   Provide for district centres to focus on weekly needs and services for a wider district catchment.

(c)    Provide a broad range of employment opportunities to encourage diversity within the Centre.

(d)   Ensure a mix of commercial and residential development, which provides for activity and accessibility at the street level and supports the provision of public transport and pedestrian links.

(e)   Provide for a wide range of different types of residential accommodation, including high density residential, to meet the diverse needs of the community.

 

 Support

‘Regional centre zone’

Add a new ‘regional centre’ zone with the following objectives:

(a)    Provide a range of services and uses  to cater for both the local and regional community, including but not limited to specialty shopping, restaurants, cafes and entertainment.

(b)   Ensure that there is provision to transition between the uses in the regional centre and the surrounding residential areas to ensure that the impacts from the operation of the regional centre are minimised.

(c)    Provide a broad range of employment opportunities to encourage diversity and self-sufficiency within the Centre.

(d)   Encourage high quality, pedestrian- friendly, street-orientated development that responds to and enhances the key elements of the Regional Centre, to develop areas for public interaction and support the provision of public transport.

(e)   Ensure the provision of residential opportunities within the Regional Centre including high density housing and tourist accommodation that supports the role of the regional centre and meets the needs to the community.

 

 Support

Issues not included in this review – but should be considered

 

Ease of use – The usability of a Local Planning Scheme with the inclusion of the ‘deemed provisions’, and ease of reading against the remaining supplementary provisions, has not been addressed in this review.

 

P’ use exemption - Agree with the principle of development being exempt from development approval if it is a permitted use.  However this is on the basis that the proposed use complies with all relevant development standards, in particular car parking provisions.  Different land uses have significantly different parking requirements under relevant Schemes/Policies.  .  For example in the Town of Victoria Park’s District Centre zone (Albany Highway being the best example) both a Showroom and a Shop are permitted uses, with respective parking requirements of 1 bay per 50m2 (equivalent) and 1 per 10m2.  In the case of a 100m2 tenancy, a Showroom would require 2 bays and a Shop would require 10 bays.  It is recommended that the exemption only apply where the use is permitted and does not impact upon car parking requirements under the Scheme/Policies.

In a situation where there is the ability to construct additional on-site car parking, then this would fall under the definition of ‘works’ and therefore planning approval would need to be obtained for both the works and change of land use. However in the context of a mainstreet environment such as Albany Highway, with existing buildings with either no or limited on-site car parking, and with no opportunity to provide any additional on-site car parking due to site constraints, this would not require planning approval which is of significant concern.  It was suggested in the training sessions that if additional on-site car parking is required then this would constitute a ‘work’ and therefore planning approval would be required.  However, with respect, if there no actual construction of additional car bays (because they can’t be accommodated on-site) then that would not fall under the definition of a ‘work’.

 

In response to this matter, DoP Officers have responded as follows, however this should be clarified as the words in the Regulations are open to interpretation:

“The Regulations do not expressly differentiate between a work that can be physically be carried out and one that cannot. Therefore, irrespective of whether the required works can be physically carried out, the requirement for additional car parking bays would still fall into the category of ‘works.’ Therefore, the requirement for additional car parking bays would trigger the requirement for development approval. Obviously, in a practical sense, because the additional car parking bays cannot be physically constructed due to the restrictions”

 

Connection to SPP requirements

There is a need for further clarity on how to ensure planning discretion over single residential dwellings that are proposed on lots that have been identified as potentially subject to coastal erosion or coastal inundation.  SPP 2.6 now obliges management authorities to identify hazard areas and show due regard for this information in the amendment and development of schemes, and the assessment of development applications. However there is very little clarity in the regs on how to achieve this, despite this being a state level issue, i.e. any inclusion in a scheme to ensure discretion over single residential dwellings would require state level approval yet there's not guidance available on how to achieve this. Further, the use of special control areas to ensure discretion is inflexible to the refinement of coastal hazard areas as new information (such as revised sea level rise scenarios), data (such as detailed marine bathymetry, beach profiles, etc) and resources (for collecting data and improving certainty in the hazard projections) becomes available. The City of Karratha's recent removal of their inundation SCA from their scheme, apparently endorsed by the DoP, is an example of this. State level guidance, through the regs or some other means that accompanies the regs (amendments to MST or a model local planning policy) is highly desirable and would ensure a uniformed approach across the state. 

 

The above commentary can also be applied to properties that are located in an RCoded area, but maybe subject to bushfire, flooding, Airport ANEF standards, transport noise policy’s or SCA’s, require referral to Main Roads, subject to buffers or over ground water protection areas. 

 

Additional Forms

Several new forms are required as outlined in Clause 86 of the Deemed Provisions: -

·           Additional Information for Development Approval for Advertisements;

·           Notice of Public Advertisement of Planning Approval;

·           Notice of Determination on an Application for Development Approval


Item 9.2.4 - SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 282 of 283

 

9.2.5      REVIEW OF LPP 8.23 - PUBLIC CONSULTATION - PLANNING MATTERS

LOCATION/ADDRESS:                            Nil