MISSION AND VALUES OF COUNCIL

 

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

 

CONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

28 September 2017


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.

 


Minutes – Ordinary Meeting of Council 28 September 2017                                                                   Page 1 of 2

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C Mitchell

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

 

 

 

 

 

 

 

 

 

2016

25 August

 

 

 

 

LOA

 

 

 

 

2016

29 September

 

A

 

 

 

LOA

 

 

 

2016

27 October

 

 

 

 

 

 

 

LOA

 

2016

24 November

 

 

LOA

 

 

A

 

 

 

2016

15 December

 

 

 

 

A

 

 

 

A

2017

23 February

 

 

 

 

 

 

 

 

A

2017

30 March

 

 

LOA

 

LOA

 

 

 

 

2017

27 April

 

A

LOA

A

 

 

 

 

 

2017

25 May

 

 

 

 

LOA

 

 

 

 

2017

29 June

 

 

 

A

LOA

 

 

 

 

2017

27 July

 

A

 

 

LOA

 

 

 

 

2017

7 September

A

 

 

 

LOA

 

 

LOA

 

2017

28 September

LOA

 

 

LOA

 

 

 

LOA

LOA

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

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

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

 

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 28 September 2017

INDEX – Minutes

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations Of Financial Interest / Impartiality. 9

4.               Public Question Time. 10

5.               Confirmation Of Minutes. 11

6.               Announcements By President Without Discussion.. 11

7.               Petitions. 11

8.               Matters For Which The Meeting May Be Closed.. 11

9.               Reports of Officers. 13

9.1      Our People. 14

9.1.1     CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE. 15

9.1.2     PETITION TO BAN SINGLE-USE OF PLASTIC BAGS. 99

9.2      Our Place. 149

9.2.1     ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA.. 150

9.2.2     CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE. 526

9.2.3     PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH.. 540

9.2.4     PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE. 550

9.2.5     SUBMISSION FOR REASSESSMENT OF PLACE 30274 (LSC11) BROOME. 608

9.2.6     REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE. 616

9.2.7     PROPOSED LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017. 635

9.2.8     PROPOSED TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017. 684

9.2.9     RFQ17-81 SUPPLY OF PLANT AND SERVICES - CRAB CREEK ROAD UPGRADE STAGE 2. 716

9.2.10  BROOME BOWLING CLUB PETITION.. 722

9.2.11  CAMEL LEASES - LEASE AGREEMENTS FOR PORTIONS OF RESERVE 52985. 742

9.2.12  COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION. 817

9.3      Our Prosperity. 841

9.3.1     RFT17-03 LEASE OF THE ROEBUCK BAY CARAVAN PARK. 842

9.4      Our Organisation.. 847

9.4.1     MONTHLY PAYMENT LISTING - AUGUST 2017. 848

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT AUGUST 2017. 875

9.4.3     AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS. 988

9.4.4     CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA.. 1000

10.            Reports of Committees. 1001

10.1      YAWURU PARK COUNCIL PROGRESS REPORT - AUGUST 2017 MINUTES. 1002

10.2      MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 14 SEPTEMBER 2017. 1027

11.            Notices of Motion.. 1129

12.            Business of an Urgent Nature. 1129

13.            Questions By Members Of Which Due Notice Has Been Given.. 1129

14.            Matters Behind Closed Doors. 1129

9.4.4  CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA.. 1129

15.            Meeting Closure. 1130

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 28 September 2017 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

21/09/2017

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 28 September 2017, COMMENCING AT 5.00pm.

 

1.         Official Opening

 

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.00pm.

 

2.         Attendance and Apologies 

 

Attendance:               Cr H Tracey                 Deputy Shire President

                                      Cr M Fairborn

                                      Cr E Foy

                                      Cr D Male

                                      Cr P Matsumoto

 

Leave of Absence:              Cr C Mitchell (as granted at OMC 7 September 2017)

 

A written request for a Leave of Absence was received from Cr R Johnston for the Ordinary Meeting of Council to be held 28 September 2017.

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr M Fairborn

That a Leave of Absence for Cr R Johnston be granted for the Ordinary Meeting of Council to be held 28 September 2017.

CARRIED UNANIMOUSLY 5/0

 

A written request for a Leave of Absence was received from Cr B Rudeforth for the Ordinary Meeting of Council to be held 28 September 2017.

 

Council Resolution:

Moved: Cr M Fairborn                                              Seconded: Cr D Male

That a Leave of Absence for Cr B Rudeforth be granted for the Ordinary Meeting of Council to be held 28 September 2017.

CARRIED UNANIMOUSLY 5/0

 

A written request for a Leave of Absence was received from Cr W Fryer for the Ordinary Meeting of Council to be held 28 September 2017.

 

Council Resolution:

Moved: Cr P Matsumoto                                          Seconded: Cr M Fairborn

That a Leave of Absence for Cr W Fryer be granted for the Ordinary Meeting of Council to be held 28 September 2017.

CARRIED UNANIMOUSLY 5/0

 

Apologies:                   Nil

 

Officers:                       Mr S Mastrolembo     Chief Executive Officer

                                      Mr J Watt                     Director Corporate Services

                                      Ms A Nugent               Director Development and Community

                                      Mr S Harding               Director Infrastructure

                                      Mr S Penn                    Media and Promotions Officer

                                      Ms M Wevers              Senior Procurement, Risk and Governance                                               Officer

                                      Ms V Glanville             Senior Administration and Governance Officer

                                      Mr D Forrest                 Manager Governance

 

Public Gallery:            Michelle Teoh            

                                      Glenn Cordingley      Broome Advertiser

                                      Stuart Voce                Zanders

                                      Nancy Kennedy

                                      Tony Hutchinson         Hutchinson Real Estate

                                      Peter Smith                  Shire of Broome

                                      Peter Taylor       

                                      Catherine Marriott     KPCA

                                      Matt Bamford             ABC

                                      Rob Menzies               Broome Airport

                                      Brendon Barwick       WA Police

                                      Georgie Adeane      

                                      Vicki Cobby

                                      Cadel Cobby

                                      Jakeb Waddell           Broome Advertiser

                                      Bruce Rudeforth

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Nil

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr P Matsumoto

9.2.1

ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

Impartiality – Association with Yawuru as a Member and Director PBC Native Title.

Cr E Foy

9.2.1

ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

Impartiality – Association with Yawuru as a Member.

Cr P Matsumoto

9.2.4

PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

Impartiality – Association with Yawuru as a member and PBC Director Native Title.

Cr E Foy

9.2.4

PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

Impartiality – Association with Yawuru as a member.

 

4.         Public Question Time

 

The following questions were received from Michelle Teoh prior to the meeting:

 

Question One:

On 8 June 2017 the DCMG made a submission on the proposed Coastal Park Management Plan (DMP) (Minyirr) in it we detailed some matters that need rectification in relation to the infrastructure improvements at Gantheaume Point and the Reddell Beach car parks. The DCMG has received no response or acknowledgement about the matters raised in our submission nor have we been informed about the ongoing process. A decision has now been made independently of the outcome of the DMP to initiate infrastructure improvements. At both these locations an increasing number of people go to view dinosaur tracks. The DCMG is committed to working with NBY and the Shire of Broome to ensure the 130 million year old dinosaur tracks along the intertidal zone are promoted and protected. Can the Council advise when we will have an opportunity to contribute to any planned upgrades?

 

Response provided by Director Development & Community:

The Yawuru Minyirr Buru Management Plan is still in draft format.  Submissions have been reviewed by the Yawuru Park Council (YPC) Working Group and forwarded to the consultant responsible for finalising the report.  The consultant has requested some additional information for context only. Once the recommended changes have been made to the draft plan, the final plan will be presented to Council for adoption.  At this time, all persons or organisations who made a submission in relation to the draft plan will be advised of the outcome of the process.

 

The Yawuru Minyirr Buru Management Plan indicates that the placement of infrastructure must consider the heritage, environmental and other values of the site before installation, and is reflected in various management arrangements, including those for geomorphology, hydrology, recreation values, visual amenity, and asset management. Consideration of infrastructure is included in the Conservation Estate Recreation Master Plan. Works undertaken to date have been to remove an unsafe timber shelter at Gantheaume Point.  In addition, some conceptual plans are under development for the Reddell Beach car park areas.  These matters are being progressed through the YPC. It should be noted that the YPC Working Group acknowledges the significance of the dinosaur tracks in the intertidal zone abutting the conservation estate.

 

Question Two:

The Dinosaur Coast Management Group Inc. resolved 9 March 2016 “In situ preservation is culturally and scientifically significant and advantageous. DCMG does not support removal of prints or fossils.” The DCMG urge that the 130 million year old dinosaur tracks along the Dinosaur Coast be retained in situ and they not be removed. If such an initiative is considered at any time in the future, will the Council ensure there is consultation across the broader community and with the DCMG?

 

Response provided by Director Development & Community:

The Yawuru Cultural Reference Group are currently working with the DCMG, Dr Salisbury and the research team to develop protocols regarding dinosaur footprints.  At the YPC Meeting on 25th August 2017, the YPC resolved that it does “not agree to the removal of dinosaur footprints as a management strategy unless a detailed submission for such action is presented to the Yawuru Park Council on a case by case basis”.

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr M Fairborn

That the Minutes of the Ordinary Meeting of Council held on 7 September 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 5/0

 

6.         Announcements By President Without Discussion

 

Nil.

 

7.         Petitions

 

Cr E Foy presented a petition from Nadia Rebasti requesting to “reinstate the annual cyclone clean-up of Broome”.

 

The Chief Executive Officer advised that the petition was accepted and an item would be presented to the next Ordinary Meeting of Council.

 

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.

Council Resolution:

Moved: Cr M Fairborn                                              Seconded: Cr D Male

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

9.4.4      CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA

Item 9.4.4 and any attachments are confidential in accordance with  of the Local Government Act 1995 section 5.23(2)(a) as it contains “a matter affecting an employee or employees”, and as it contains “a decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting”.

CARRIED UNANIMOUSLY 5/0

 

 


 

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.

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

The Chief Executive Officer advised that pages 20-21 of Attachment 4 were amended to make the alignment of the laneway more accurately depicted. This has been corrected for the purpose of the Minutes.

 

9.1.1      CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

LOCATION/ADDRESS:                             N/A

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Director Infrastructure

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    16 August 2017

 

SUMMARY:         This report seeks to provide Council with an update on the progress made to date on the delivery of the Chinatown Revitalisation Project (CRP).  This report further seeks Council endorsement to proceed to public consultation on the DRAFT Chinatown Revitalisation Masterplan. 

 

 

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

OMC 25 August 2016                        Item 9.1.6

OMC 27 October 2016                     Item 10.2

OMC 15 December 2016                 Item 9.3.1

OMC 23 February 2017                     Item 9.1.2

OMC 25 May 2017                             Item 9.3.1

 

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

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr B Rudeforth                                                      Seconded: Cr H Tracey

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. 

 

CARRIED UNANIMOUSLY 7/0

 

In accordance with point 6(d) of the above resolution, six monthly updates on the CRP are to be provided to Council and this was last provided at the Ordinary Meeting of Council (OMC) held 23 February 2017. This report seeks to provide Council with a further six monthly update.  It is also noted that Steering Committee meeting minutes have been provided to Council through the Councillor Information Bulletin monthly and feedback sought for project specifics from Councillor workshops.

 

The Financial Assistance Agreement (FAA) between the WA Department of Regional Development (The Department) and the Shire of Broome (The Shire) provides for an investment of $10 million by the State for the delivery of various key projects.  The Shire and Tourism WA have also allocated a further $2 million and $700k respectively, resulting in a total project spend of $12.7 million. These Projects are as follows:

 

Item of Expenditure

Budget

Source of Funds

Gray Street Extension Feasibility & Technical Studies

$1,000,000

Royalties for Regions ($745,000)

Shire of Broome ($255,000)

Roebuck Bay Reconnection and Coastal Protection Feasibility

$1,000,000

Royalties for Regions ($855,000)

Shire of Broome ($145,000)

Cultural Centre Feasibility

$850,000

Royalties for Regions

Tourism WA ($100,000)

Dampier Terrace Renovation

$3,800,000

Royalties for Regions

Carnarvon Street Upgrades

$2,725,000

Royalties for Regions

Frederick Street Lookout

$900,000

Shire of Broome ($600,000)

Tourism WA ($300,000)

Tourist Rest Facilities

$700,000

Shire of Broome

Connection of Dampier Terrace and Terrace Street

$600,000

Shire of Broome ($300,000)

Tourism WA ($300,000)

Enhanced laneways strategy and funding program

$290,000

Royalties for Regions

Chinatown Commercial Liaison Officer (over 2 years) and funding program

$600,000

Royalties for Regions

Administration/Audits/Reporting

$235,000

Royalties for Regions

Total Budget

$12,700,000

 

 

Following the engrossing of the FAA, an amount of $10 million was deposited into the Shire’s account. These funds were then deposited into a Western Australian Treasury Corporation Account (Treasury) and are transferred across in agreed lump sums upon successful achievement of project milestones set out in the agreement. The aforementioned projects have been scheduled across two years with deliverable milestones allocated across this period.

 

The first milestone was the signing of the FAA with the Department which occurred on 27 June 2016 and released $500,000 of funding.  In accordance with the adopted Business Case and the FAA, the first items of expenditure incurred in 2016/17 were the recruitment of a Chinatown Investment and Development Coordinator (CIDC) and the engagement of a Project Director consultancy (DEVMAN).

 

Further to this, the Communications and Engagement consultancy team were also engaged by LandCorp on 12 September 2016.  This was awarded to the partnership of RFF Australia and the Broome Chamber of Commerce and Industry.  The role of this consultancy is to manage all external communications for the suite of projects forming part of the CRP and manage community and stakeholder engagement for the feasibility projects, with the exception of the Kimberley Centre for Culture, Art and Story.

 

The second milestone date was 31 December 2016 and required the submission of finalised project plans for all ten sub-projects and the completion of the CIDC Two Year Activity Plan.  These milestone requirements have been met and further funds of $1.3 million have been released.

 

A team of specialist consultants have also been engaged by LandCorp to deliver the feasibility studies and/or design and construction projects detailed in the Chinatown Revitalisation Business Case.  These consultants include:

Place Making Consultant – The Planning Group (TPG);

Environmental Consultant – Strategen;

Civil Engineer – TABEC;

Public Realm Architecture – UDLA;

Research and Engagement – Simon McArthur & Associates;

Engagement – NBY;

Environmental Assessment – GHD;

Coastal Design – MP Rogers;

Traffic Assessments – DVC; and

Gray St Reclamation Valuation – Colliers.

 

The third milestone date was 30 June 2017 and these milestone requirements have also been met with further funds of $4.75 million currently due for release.  At the OMC held 25 May 2017, Council endorsed proposed amendments to the milestones defined within the FAA.  The amendments related solely to the wording around the deliverables and did not impact milestone dates and payments themselves, resulting in a nil impact on the budget cash flow for the project.

 

The milestones as amended, subject to the FAA and their respective status are detailed in Attachment 1.  A full copy of the FAA is provided in Attachment 2.

 

In summary, the 30 June 2017 milestones are outlined below with the respective amount of funding due for release:

Project

Performance Method

Payment

Gray Street Extension

·    Fatal Flaw Analysis.

Quarterly Reports on progress provided to the Department.

$500,000

·    Confirmation of Costings for Geotechnical Investigation.

Documented evidence provided to the Department.

Roebuck Bay Reconnection

·    Fatal Flaw Analysis.

Quarterly Reports on progress provided to the Department.

$600,000

·    Confirmation of Costings for Geotechnical Investigation.

Documented evidence provided to the Department.

Dampier Terrace Upgrade

·    Preliminary Community Stakeholder Engagement;

·    Functional Design Brief; and

·    Concept Design and Cost Estimates.

Quarterly Reports on progress provided to the Department.

$1,650,000

Carnarvon St Upgrade

·    Preliminary Community Stakeholder Engagement;

·    Functional Design Brief; and

·    Concept Design and Cost Estimates.

Quarterly Reports on progress provided to the Department.

$1,600,000

Kimberley Centre Feasibility

·    Preliminary Investigation into Governance Models;

·    Course Benchmarking of Comparable Facilities;

·    Preliminary Identification of Suitable Sites; and

·    Commence Stakeholder Consultation.

Quarterly Reports on progress provided to the Department.

$400,000

Total Amount Due

$4,750,000

 

This report will provide more detail on the achievement of the milestone tasks to 30 June 2017 and also requests Council consideration of endorsing the DRAFT Chinatown Revitalisation Masterplan for the seeking of broader public comment.  A copy of the minutes of the Chinatown Stakeholder Reference Group meetings held between February and July 2017 are also tabled for Council’s information.

 

COMMENT

 

A six-monthly update is provided below and has been summarised by:

 

1.   CIDC activities;

2.   Design and Constructions Projects;

3.   Feasibility Projects; and

4.   Chinatown Stakeholder Reference Group Minutes

 

1.       Chinatown Investment and Development Coordinator Activities

 

Over the last six months the CIDC has undertaken the following activities (for further detail see Attachment 3):

 

Community & Trader Engagement:

 

·        Trader’s Workshop: Activation in Chinatown 8 February 2017

·        Markets Workshop 24, 28 February 2017

·        Trader’s Workshop: Funding Guidelines Info Session and Project HQ Launch 24 May 2017

·        Trader’s Workshop: Late Night Trading and future Promotions 5 Jul 2017

·        CIDC Towns Walks, General and HQ Correspondence

o Approximately one town walk per month, visiting 70 – 80 traders per visit.

o Correspondence with approximately 20 traders or owners per month (phone, email, meeting)

o Approximately 50 visitors at HQ per week with queries such as requesting project info, trader assistance, general interest and directions.

 

CIDC Initiatives & Tasks:

 

·        Funding Guidelines & Application Packages

·        Easter Promotions and Event

·        Project HQ

·        Laneway Strategy Development

·        Communications

o Assisted with review of Media releases 1 – 4.

o Involved in streamlined internal review process.

o Interviews with Goolari Media, ABC Kimberley and Spirit Radio relating to Grants and Project HQ media releases

·        Sunday music mornings

o 6 August 2017;

o 13 August 2017;

o 20 August 2017; and

o 27 August 2017

·        Friday late night trades:

o 25 August 2017;

o 15 September 2017;

o 6 October 2017; and

o 10 November 2017

 

2.       Design and Construction Projects

Over the past six months there has been significant progress in relation to the conceptual layout that would transform the streetscape and the creation of elements that will revitalise Chinatown. This progress has been undertaken with regard to feedback from workshops with the Chinatown Stakeholder and Community Reference Group, the traders and shop owners of Chinatown and Council. Several rounds of specific stakeholder engagement was undertaken in April and May with group sessions and one-on-one follow-up sessions as required. Follow up stakeholder engagement continued through to August with key stakeholders and project partners.

 

Council, as a key project stakeholder, raised some concerns with regard to some of the earlier concepts presented at Stakeholder sessions and has worked with the project team through from June through to August to develop the DRAFT Chinatown Revitalisation Masterplan as detailed in Attachment 4. The Masterplan, developed by UDLA/TPG, represents an evolution of design ideas and will look to provide an overall plan for the Chinatown precinct. Prioritisation of areas within the plan will be based on the funding available (informed from order of magnitude costings) and the project definitions included within the FAA. Cross sections and conceptual furniture are included for consultation purposes with material palates and detailed design to follow after Council has had an opportunity to review feedback received on the draft Chinatown Revitalisation Masterplan from the broader public.

 

In brief, the Masterplan seeks to reduce bitumen, increase shade and lighting and create ‘day rooms’ or ‘spaces’ for alfresco dining, public art, and street side activation such as busking and spaces for markets. This improved amenity is proposed to encourage patronage to the precinct and stimulate further private sector investment and economic activity.  At the request of Council, further consideration has been placed on identifying alternate locations for reinstatement of any lost car parking and ensuring design outcomes are in accordance with the principles of Crime Prevention Through Environmental Design (CPTED).

 

3.       Feasibility Projects

 

A fatal flaw analysis was undertaken on both the Gray St Extension and Roebuck Bay Reconnection projects. A more in-depth summary of the project fatal flaw reports can be found in Attachment 5, and the summary of each project below highlights those issues considered significant enough to justify project cessation.

 

Gray Street Extension

 

The Gray St Extension project contains potential fatal flaws associated with the activation potential, and costs / returns associated with project implementation. An opinion of probable cost placed the construction of the Gray St Extension project between $6 and $10 million (dependant on the level of land reclamation carried out). Inclusion of a suitable seawall to cater for coastal inundation was in excess of a further $2 million. Potential valuations of land generated from reclamation activities between Short St and the proposed Gray St Extension were not identified to meet the estimated costs. It was further identified that associated traffic demand to warrant the additional access to Chinatown is not expected to be generated until 2031.

 

Roebuck Bay Reconnection

 

The Roebuck Bay Reconnection project contains potential fatal flaws associated with the ability of the project to activate and revitalise Chinatown in a timeframe consistent with project implementation, Native Title, and the construction cost of the project. Many of the tenancies located on the western frontage of Dampier Tce front the street, and reorientation of these buildings to the seaward side would likely occur over a long timeframe. An opinion of probable cost for the construction of a seawall on the coastal side and establishment of a new lot frontage was in excess of $7 million. Further to this, exclusive native title exists in the proposed project area.

 

A submission is to be made to the Department to cease work on the Gray St extension and Roebuck Bay Reconnection projects and withdraw funding allocated to these projects for redistribution across other funded activities of the CRP. Whilst these projects are important in the wider landscape of Chinatown and Broome, it is considered that funding could be spent elsewhere resulting in greater activation and revitalisation benefit. A summary of the findings and decision for the projects subject to the fatal flaw analysis are as follows:

 

Feasibility Project Decision

 

·        It has become clear that with the limited funding available everything proposed in the Broome Chinatown Revitalisation Business Case cannot be completed.

·        It has been agreed that the best use of the funding available is to focus on those revitalisation projects that present the best opportunities to strengthen Chinatown, most of which can be completed in the next 12-18 months.

·        The Steering Committee has endorsed prioritising funding for those projects and put on hold the feasibility studies for the Gray St Extension and the Roebuck Bay Reconnection.

·        The remaining budgets (approximately $1.6 million) will be retained and reallocated at a future time to the priority revitalisation projects.

·        The two feasibility studies included potential seawalls to provide protection for Chinatown from sea level rise in the future. However they are not required for this purpose in the short term. The Shire will continue to investigate the suitability of options to protect Chinatown from coastal hazards through its Coastal Hazard Risk Management and Adaption Plan (CHRMAP) project.

·        This decision needs DPIRD approval.

 

Kimberley Centre for Culture, Art and Story

 

At the Ordinary Meeting of Council held on 25 August 2016, Council resolved as follows:

 

COUNCIL RESOLUTION:

(REVISED REPORT RECOMMENDATION)

 

Moved: Cr C Mitchell                                                         Seconded: Cr H Tracey

 

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 that the goal of the working group is to develop a concept with a sound business case for the development of an iconic cultural centre that is a major new attraction for visitors and locals alike, presenting the full diversity and depth of all Broome’s and the region’s history, art and culture.

 

4.       Requests the Chief Executive Officer to;

(a)    draft Terms of Reference for the Working Group that reflects the above purpose in consultation with the members of the Chinatown Steering Group for Council’s consideration and endorsement at the September Ordinary Meeting of Council; and

b)      include a representative of the WA Museum in the Terms of Reference for the Working Group.

 

5.       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.

 

6.       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.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

Sub-Project 3 of the CRP is the Feasibility and Design of a Kimberley Centre for Culture, Art and Story. This project will comprise community and stakeholder engagement, site services investigation, planning, tenure and detailed analysis of the capital, operational and governance requirements for a Kimberley Centre for Culture, Art and Story. The final task will be to undertake a detailed design and finalise architectural plans and site selection.

 

The Kimberley Centre for Culture, Art and Story Working Group has met on a further six occasions and includes the following membership:

·        Chief Executive Officer – Nyamba Buru Yawuru Ltd (NBY) (Chair);

·        Chief Executive Officer – Shire of Brome;

·        Chief Executive Officer – Kimberley Development Commission;

·        Regional Manager Northern and Goldfields Regions– LandCorp;

·        Director Destination Development and Projects – Tourism WA;

·        Nominee of WA Museum;

·        Representative from Yawuru Native Title Holders Aboriginal Corporation RNTBC;

·        Broome Shire Councillor – Shire of Broome; and

·       Other members as appointed by the Chinatown Steering Committee.

 

Key elements of phase two of the Kimberley Centre for Culture, Art and Story have been completed over the reporting period. These form a Situation Analysis – including investigations to benchmark best practice centres both nationally and internationally; and further studies into potential governance models, sites and funding sources. Engagement conducted to date by NBY with Kimberley- wide indigenous organisations have established broad support for the concept of a Broome based centre that provides a gateway to a deeper cultural experience of the region. As per Council’s resolution at the May Ordinary Meeting, Councillor Matsumoto has been included in the Working Group membership. The Working Group for the project has continued to meet on a monthly basis to monitor progress.

 

Council received a briefing and presentation from Peter Yu, CEO of NBY and the Chair of the Kimberley Centre Working Group, on 4 September 2017 The briefing was attended by Councillors Tracey, Mitchell, Fryer and Fairborn; and included an overview of progress to date, the developing concept and next steps.

 

Councillors were also provided with a revised (proposed) vision for the centre which reflects the evolving nature of the feasibility study into a successful model. The proposed vision will be presented to the Kimberley Centre Working Group at the 20 September 2017 meeting for formal endorsement.

 

4.       Chinatown Stakeholder and Community Reference Group

 

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

 

 

The Chinatown Stakeholder and Community Reference Group was established at the Ordinary Meeting of Council held 27 August 2015.  The first meeting of the Group was held on 4 March 2016 and meetings have occurred for the most part on a monthly basis since then.  Minutes from each meeting for the update period (held in February, April, May, and July) are contained in Attachment 6 of this report and provided for Council’s information.

 

The Terms of Reference state that the purpose of the Chinatown Stakeholder and Community Reference Group is to:

1.   Provide input and feedback to the Project Control Group and Council on the Revitalisation of Chinatown.

2.   Ensure the community and key stakeholders are appropriately engaged in the design and delivery of projects as part of the Chinatown Revitalisation.

3.   Act as a conduit between the Project Working Group and the community and traders and landowners in Chinatown.

 

In brief, the Group has been presented the following information and/or deliberated on the following initiatives:

·    review on the Business Case and process and Governance Structure for delivery of the CRP;

·    updates from the Project Control Group;

·    project information and updates, expected activities for 2017 including:

consultation and engagement;

design;

approvals; and

tender.

·    Presentations from the Communications consultant;

·    Presentation received from the Chinatown Investment and Development Coordinator;

·    Investigation into the clearing of mangroves around Streeter’s Jetty;

·    land tenure queries within the Chinatown precinct;

·    activities workshop and liaison with Japanese, Chinese and European cultural groups for the Kimberley Centre Project; and

·    presentation of concept design for comment and refinement.

 

CONSULTATION

 

Kimberley Development Commission

Landcorp

Nyamba Buru Yawuru Ltd

Chinatown Stakeholder and Reference Group

Chinatown Investment and Development Coordinator

Chinatown Traders

Chinatown Land Owners

Tourism WA

 

STATUTORY ENVIRONMENT

 

Nil

 

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;

 

Total Contracted Expenditure to August 2017 is $1,989,318.

 

Total Actual Expenditure to August 2017 is $827,160.

 

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.

 

The project schedule remains a critical project risk as the CRP moves forward. Current schedules place the CRP up to two months behind target with regard to compilation of tender documentation. Project delays have occurred in the concept design period and options for delivery projects. The final construction completion date of 31 December 2018 is still on target.

 

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

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr M Fairborn

That Council:

1.       Notes the progress achieved to date in the delivery of the Chinatown Revitalisation Project as outlined in this report;

2.       Notes the minutes of the Chinatown Stakeholder and Reference Group meetings as attached; and

3.       Endorses the attached Concept Design Plans for community consultation in accordance with the adopted Stakeholder and Community Consultation Plan.

CARRIED UNANIMOUSLY 5/0

 

Attachments

1.

Chinatown Revitalisation Project FAA Milestones Status

2.

Financial Assistance Agreement

3.

Chinatown Investment and Development Coordinator Update

4.

DRAFT Chinatown Revitalisation Masterplan

5.

Feasibility Study Fatal Flaw Summary Report

6.

CSCRG Meeting Minutes -February 2017- July 2017

  


Item 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

 

 

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Item 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

 

 

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MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.1.2      PETITION TO BAN SINGLE-USE OF PLASTIC BAGS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nancy Kennedy

FILE:                                                           ADM48;LAW004

AUTHOR:                                                   Environmental Health Coordinator

CONTRIBUTOR/S:                                    Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 September 2017

 

SUMMARY: At the Ordinary Meeting of Council held 7 September 2017, Cr Tracey presented a petition from Ms Nancy Kennedy requesting “The Shire of Broome introduce a ban against the provision of soft plastic shopping bags from retail outlets in Broome and settlements on the Dampier Peninsula”.

This report recommends that Council note Ms Kennedy’s petition and subsequent request to introduce a ban against plastic bags in the Shire from retail outlets. It is further recommended that the Shire does not implement a local law in relation to this matter, following a recent announcement by the State Government that it intends to implement regulations to govern the use of plastic bags.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

At the Ordinary Meeting of Council (OMC) held 7 September 2017, Cr Tracey presented a petition from Ms Nancy Kennedy requesting ‘the Shire of Broome introduce a ban against the provision of soft plastic shopping bags from retail outlets in Broome and settlements on the Dampier Peninsula”. A copy of this petition is included as Attachment 1 to this report.

 

After receiving the petition at the September 2017 OMC, officers verified that out of the 519 signatures, 138 are electors in the Shire of Broome and 16 were possible matches. These were checked against the Certified Rolls from the 2015 Election.

 

COMMENT

 

The use of single-use plastic bags has become widespread in Australian Society with over four billion being used by shoppers each year. A single-use bag is generally defined as being less than 35 microns in thickness. They are light, easy to use and transport and are reasonably durable.

 

There is widespread evidence that the use of the bags has a detrimental effect on the environment. The New South Wales Environmental Protection Agency reports that between 40 to 60 million bags enter the environment each year. This in addition to the 10 to 20 million that are cleaned up each year through clean up activities.

 

There is an increasingly large body of evidence to suggest that the release of plastic into the environment is having a detrimental effect on flora and fauna, including marine fauna. Plastic bags move easily in the environment by both wave and wind actions. When exposed to sunlight they break down. The plastic does not however disappear. The micro particles are known to have a detrimental effect on marine fauna throughout the food chain.

 

The retail industry has become heavily reliant on single-use plastic bags to provide convenience to consumers. Any change or ban on single-use bags would require consultation with retailers in order to consider options for the replacement of these bags. It is almost certain that the replacement would have financial implications on retailers and this would be passed on to consumers.

 

Broome is heavily reliant on a vibrant tourism industry. A significant portion of tourists are travellers who are generally self reliant, staying in caravan parks or camping outside of the townsite. The removal of bags supplied at no cost will necessitate a change in practices for tourists. Some tourists may be forced to buy larger heavier plastic bags and use these for a single-use, therefore placing heavier bags into the environment or landfill. However, the financial implications for these tourists are considered to be reasonably low. The environmental impact of an increase in the single-use of heavier plastic bags is considered likely to be insignificant due to the relatively low numbers of affected people.

 

To implement a ban on single-use plastic bags in the Shire of Broome the making of a new local law would be required. The process to make a new local law takes approximately 6 months. However, this process is likely to take longer for a local law of this type due to the research required to inform the local law, and the need to undertake community and Councillor consultation. The legislative process for making a local law is included in the Statutory Environment section below.

 

The petition states that both the City of Freemantle and the Shire of Exmouth have bans in place.  This is not correct.  In 2013 the City of Fremantle Council voted to adopt a new local law that banned the provision of single-use plastic bags by retailers. This local law was disallowed by the Joint Standing Committee on Delegated Legislation. The City of Fremantle resubmitted the local law in 2015 and it was again disallowed. The Shire of Exmouth does not ban single-use plastic bags, however local retailers do not supply them due to a voluntary restriction. There is currently no legislation in Western Australia either at either a State or local level that prohibits the sale, supply or use of plastic bags.

 

On 12 September 2017, the Western Australian Premier the Hon Mark McGowan MLA announced that the State Government will implement a State-wide ban on single-use plastic bags from 1 July 2018. Although the details of how the program will be implemented are still being considered by the State government officers consider that this is the most appropriate mechanism to implement the ban in the Shire of Broome. 

 

It is likely that the State-wide ban will be implemented through a new or amended regulation under the existing Environmental Protection Act 1986. Regulations do not require the passing by both Houses of Parliament, however the Upper House considers regulations and may disallow the provisions.  The State government anticipates that the Senate will allow the law, however this is not a certainty.

 

Even if the Shire were to commence the local law making process almost immediately, it would be unlikely that the local law would be in place before the State-wide ban takes effect on 1 July 2018.  Further, the local law would be subservient to the regulation to the extent of any inconsistencies.  Therefore, any local law is likely to be largely ineffective once the State-wide provisions come into effect.

 

 

CONSULTATION

 

Officers from the City of Exmouth and City of Fremantle were consulted with as part of the preparation of this agenda item.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

3.12.  Procedure for making local laws

      (1)     In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

      (2)     At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

      (3)     The local government is to — 

                 (a)     give Statewide public notice stating that — 

                               (i)     the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and

                              (ii)     a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

                             (iii)     submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

                           and

                 (b)     as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

                 (c)     provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

(3a)  A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.

      (4)     After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

          * Absolute majority required.

      (5)     After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

      (6)     After the local law has been published in the Gazette the local government is to give local public notice — 

                 (a)     stating the title of the local law; and

                 (b)     summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and

                 (c)     advising that copies of the local law may be inspected or obtained from the local government’s office.

      (7)     The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

      (8)     In this section —

               making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

 

POLICY IMPLICATIONS

 

The Shire of Broome does not currently have a policy on the use of single-use plastic bags.

 

FINANCIAL IMPLICATIONS

 

The implementation of a ban on single-use plastic bags is not likely to have a direct financial effect on the Shire of Broome. However, it may have financial implications for local businesses and their customers arising from the need to provide an alternative.

 

RISK

 

Given that the State government has committed to introducing a State-wide ban on single-use plastic bags, there is little risk associated with the Shire not implementing a ban.  There may be a reputational risk to the Shire should the State-wide ban not proceed either at all or by 1 July 2018, but that risk is considered Low. 

 

Alternatively, if the Shire does seek to introduce a local ban on single-use plastic bags, this may cause reputational impacts arising from local businesses and/or consumers dissatisfied with that decision.  This risk is also considered Low.

 

STRATEGIC IMPLICATIONS  

 

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

 

A healthy and safe environment

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.         Notes the petition received from Ms Nancy Kennedy as contained in Attachment 1;

2.         Notes that the Western Australia State government has committed to implementing a State-wide ban on single-use plastic bags by 1 July 2018;

3.         Provides in-principle support for the implementation of the State-wide ban on single-use plastic bags by the State government; and

4.         As a result of the proposed State-wide ban, declines to take steps to introduce a local ban on single-use plastic bags within the Shire of Broome.

 

Council Resolution:

Moved: Cr M Fairborn                                              Seconded: Cr D Male

That Council:  

1.       Notes the petition received from Ms Nancy Kennedy as contained in Attachment 1;

2.       Notes that the Western Australia State government has committed to implementing a State-wide ban on single-use plastic bags by 1 July 2018;

3.       Provides in-principle support for the implementation of the State-wide ban on single-use plastic bags by the State government;

4.       Does not introduce a local law banning single-use plastic bags within the Shire of Broome, as the lead time involved in introducing the local law means that it will not be possible for the local law to be in place prior to 1 July 2018; and

5.       Writes to retail businesses in the Shire encouraging those businesses to phase out the use of single-use plastic bags now, in anticipation of the introduction of the State-wide ban on 1 July 2018.

CARRIED UNANIMOUSLY 5/0

 

Reasons:

-        The additional wording provides the public with details as to why the Shire is not introducing a local law, the State's implementation of a state wide ban will be quicker.

-        The Shire is taking a lead proactive approach on this issue by writing to businesses encouraging them to phase out the use of plastic bag as soon as possible.

 

Attachments

1.

Petition to Ban Single-Use Plastic Bags

  


Item 9.1.2 - PETITION TO BAN SINGLE-USE OF PLASTIC BAGS

 

 

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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 Broome 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.


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.1      ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

LOCATION/ADDRESS:                             Lots 360, 365, 504, 514, 522, 526, 527, 552, 2605 and 2606 Fairway Drive, Bilingurr; Lot 502 Gubinge Road, Cable Beach; Lot 3144 Dora Street, Broome; Pt. Lot 3128 Coucal Street, Cable Beach; Lot 9051 Jigal Drive, Djugun; and Lot 9053 Lorikeet Drive, Djugun

APPLICANT:                                              Nil

FILE:                                                           LPS6/7

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    19 July 2017

 

SUMMARY:         In November 2016 Council resolved to advertise an amendment to Local Planning Scheme No. 6 to allow for the establishment of a Development Contribution Area (DCA) and preparation of a supporting Development Contribution Plan (DCP). The purpose of the amendment is to enable local government to seek monetary contributions from land developers for community and standard infrastructure items that are required to support the orderly development of an area.

Contributions are applied to a designated DCA which is incorporated into the Local Planning Scheme via a Scheme Amendment. The methodology for apportioning contributions and the items to which they will relate are set out in the DCP.

The amendment was advertised for a period of 63 days between 27 January 2017 and 30 March 2017. A total of five submissions were received, including three submissions from the affected land owners. Meetings were subsequently arranged with the affected land owners to discuss their concerns in relation to the suitability of infrastructure items, timeframes and compatibility with the draft State Planning Policy 3.6 Guidelines.

Overall, Shire officers consider there is sufficient planning merit to progress the Scheme Amendment as proposed. However, a number of minor modifications have been made to proposed infrastructure items taking into consideration the concerns of affected land owners and the recent grant funding received for Town Beach.

It is recommended that Council resolve to support the amendment and request that the Shire officers forward on the amendment documentation to the Western Australian Planning Commission in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 October 2010                     Item 9.3.14

OMC 30 July 2015                              Item 9.2.1

OMC 26 November 2015                  Item 9.2.5

OMC 27 October 2016                     Item 9.2.3

OMC 24 November 2016                  Item 9.2.6

SMC 7 June 2017                                Item 6.2.1

 

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

 

In November 2015 Council established its intention to prepare a Scheme Amendment (Scheme Amendment No. 2) to introduce a DCA into the Shire’s Local Planning Scheme No. 6 (LPS6). Since that time, Shire officers have worked to finalise all relevant documentation for Scheme Amendment No. 2 to progress. This included the preparation of two technical studies and additional supporting plans and cost estimates as set out below: 

 

·    A District Traffic Study, which models future traffic generation to 2031 and 2051 and recommends improvements to the road network on the basis of this anticipated future traffic (Jacobs, completed 2016);

·    A Public Open Space Irrigation Options Study, which looks at alternative water supply sources to irrigate Public Open Space in the Broome Townsite and associated infrastructure and costs required to implement the preferred option (GHD, completed 2016); 

·    A Concept Plan and cost estimates for a gymnasium at the Broome Recreation and Aquatic Centre (BRAC) (Laird Tran Studio, completed 2016); and

·    A Concept Plan and cost estimates for two covered outdoor sports courts at BRAC (Sports Surfaces and Auspan, 2016). 

 

Shire officers also forwarded Council’s resolution to the Environmental Protection Authority (EPA) as is required under Section 81 of the Planning and Development Act 2005.  Correspondence was received from the EPA on 24 December 2015 stating that Scheme Amendment No. 2 did not require formal environmental assessment under the Environmental Protection Act 1986. 

 

In November 2016 Council resolved to advertise the Scheme Amendment for 60 days. Advertising closed on 30 March 2017 and five submissions were received; three objections from affected landowners and two non-objections from statutory referral agencies.

 

The submissions from affected land owners raised a number of concerns, including the suitability of infrastructure items, timeframes and compatibility with the draft State Planning Policy 3.6 Guidelines.

 

Officers from the Shire of Broome held meetings with all affected owners in order to understand, in more detail, their concerns regarding the proposed amendment. The submissions received and officers’ response are included in Attachment 3.

 

Overall, Shire officers consider there is sufficient planning merit to progress the Scheme Amendment as proposed. However, a number of modifications have been made to proposed infrastructure items taking into consideration the concerns of affected land owners and the recent grant funding received for Town Beach.

 

COMMENT

 

Council is requested to consider adoption of the Scheme Amendment No 2 to LPS6 to introduce a DCP and DCA following the close of the public comment period. A copy of the DCA is provided in Attachment 1 and a copy of the Scheme Amendment Report is provided in Attachment 2. The DCP Report which includes the projects sought to be funded through developer contributions in addition to the planning rational for the inclusion of the projects is provided in Appendix B to Attachment 2.

 

The agenda item prepared for the Ordinary Meeting of Council on 24 November 2016 provided a detailed overview of the Scheme Amendment Report and DCP Report, including:

 

·    Scheme Amendment process;

·    The land included in the DCA;

·    Content of the DCP;

·    Collection of contributions;

·    Infrastructure items, timing and costs;

·    Cost apportionment methodology;

·    Administrative items;

·    Implementation of the DCP;

·    Review of the DCP; and

·    Linkages to LandCorp voluntary Development Contribution.

 

While the abovementioned comments remain valid, it is not proposed that they are repeated, instead the officer’s comments below will focus on the themes raised in the submissions received during the public comment period. In summary, of the five submissions reviewed, three objected to the adoption of the DCP. Officers have reviewed the DCP based on the submissions and it is proposed that some amendments are made to the projects forming part of the DCP. The proposed changes are set out under the heading ‘Changes to the Amendment and DCP following consultation’ below. 

 

Basis for Development Contributions - State Planning Policy 3.6

 

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

 

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

resources. The collection of development contributions is seen as being one way to reduce these pressures.

 

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

Shire over the next 20-40 years.

 

SPP3.6 sets out the principles and considerations that apply to development contributions for the provision of infrastructure in new and established urban areas:

 

1.   Need and the nexus

The need for the infrastructure included in the development contribution plan must be clearly demonstrated (need) and the connection between the development and the demand created should be clearly established (nexus).

2.   Transparency

Both the method for calculating the development contribution and the manner in which it is applied should be clear, transparent and simple to understand and administer.

3.   Equity

Development contributions should be levied from all developments within a development contribution area, based on their relative contribution to need.

4.   Certainty

All development contributions should be clearly identified and methods of accounting for escalation agreed upon at the commencement of a development.

5.   Efficiency

Development contributions should be justified on a whole of life capital cost basis consistent with maintaining financial discipline on service providers by precluding over recovery of costs.

6.   Consistency

Development contributions should be applied uniformly across a Development Contribution Area and the methodology for applying contributions should be consistent.

7.   Right of consultation and arbitration

Land owners and developers have the right to be consulted on the manner in which development contributions are determined. They also have the opportunity to seek a review by an independent third party if they believe that the calculation of the contributions is not reasonable in accordance with the procedures set out in the draft Model Scheme Text in appendix 2.

8.   Accountable

There must be accountability in the manner in which development contributions are determined and expended.

 

Key provisions of SPP3.6 have been incorporated into the Shire’s LPS6 and provide a statutory framework for adopting DCPs as amendments to the Scheme. The DCP Report contained in Attachment 2 demonstrates how the eight principles of SPP3.6 have been achieved.

 

Draft SPP 3.6, Draft Scheme Text Provisions and Draft Guidelines

 

The Department of Planning, Lands and Heritage (DPLH) has undertaken a review of SPP3.6 which was released for comment in late 2016 (closing on the 25 November 2016). The review included a suite of draft development contribution documents, including:

 

·    Revised SPP 3.6 including modifications to clarify certain matters and provide information in existing appendices in separate supporting documents.

·    Draft Guidelines to provide additional guidance and explanatory information in support of SPP 3.6 to ensure that the policy is interpreted and implemented consistently across local governments; and

·    Draft Scheme Text Provisions to provide consistency in the application of developer contribution plans through local planning schemes.

 

The objections raised to the Shire’s DCP largely relate to the Draft Guidelines, which were not available at the time the DCP was being prepared. The Shire in its submission to the Department (which was endorsed by Council at the Ordinary Meeting of Council on 27 October 2017) highlighted concerns with the Draft Guidelines which included that the Guidelines were largely suited to a metropolitan setting and did not consider regional factors. Given that the submissions received on the Shire’s DCP largely relate to the draft Guidelines, the Shire has sought clarification from the DPLH regarding the status of the Guidelines. At this point, the Shire has not been advised of a timeframe on when the review will be completed and were advised to address each of the submissions received and provide rationale as to why the Guidelines may be inappropriate for Broome, which would be taken into account by the WAPC when considering the Shire’s DCP. 

 

The rationale is set out in the Schedule of Submissions and also in the comments below in response to key themes raised in the submissions.

 

Timeframes are longer than the 5- 10 year timeframes set out in SPP3.6

 

The submissions identified that the DCP timeframe (up to 2031) is outside of the recommended timeframe of five to ten years as set out in SPP3.6.

 

The timeframe is consistent with the horizon used for population projections and growth scenarios under the State Government’s WA Tomorrow Report and the Shire’s Local Planning Strategy (LPS). These projections and scenarios have informed the strategic recommendations of the LPS including the identification of Future Development Areas, which have been used to inform the DCA’s extent.

 

If a shorter timeframe were to be proposed, there would be a risk that developers would defer subdivision in the hope of avoiding making a contribution. This would be detrimental as the majority of available land for greenfield and large infill development in the Broome townsite is captured within the DCA. Neutralising this land from development would lead to stagnation of the residential housing market and would adversely affect housing affordability. The longer timeframe provides certainty to developers and the community that contributions will be required and infrastructure will be delivered as Broome’s population grows.

 

It is considered that the Shire’s DCP should align with the timeframes of its key strategic planning documents and therefore it is recommended that no amendments are made in this regard. It should also be noted, that DCP’s in other local government areas, including Margaret River (15 years) and City of Rockingham (20 years) have timeframes beyond 10 years.

 

DCP items which are excluded under the Draft Guidelines

 

Submissions identified that the SPP3.6 Draft Guidelines exclude regional infrastructure and request that items falling under this category in the DCP be removed.  This would mean that the works identified at the Broome Recreation and Aquatic Centre (BRAC) should not be funded through a DCP.

 

It is acknowledged that certain items in the DCP are identified as regional infrastructure for the purposes of the draft Guidelines. However, it is considered that the facilities that are proposed to be provided at BRAC are in many ways commensurate with what would be provided at a ‘Multi-Purpose District Sports Ground’ in a metropolitan context where contributions can be accepted – i.e. grassed playing surfaces, multi-purpose sports courts, toilets and change rooms.

 

Implying that these facilities cannot be included in a DCP simply because of the ‘regional’ label is not supported in the context of Broome and regional areas generally. There is a substantive difference between ‘regional’ facilities in Perth which may cater for a catchment of a hundred thousand people across multiple local government areas, and ‘regional’ facilities in Broome which cater for the population of Broome (15,000 permanent residents) only.

 

It is considered that the same situation is experienced in many regional local government areas which have smaller populations than their metropolitan counterparts and consolidated recreation facilities which provide for the entire resident population. Upon review of existing DCP in other regional local governments, it is evident that the WAPC has supported ‘regional’ facilities in these areas for this very reason.

 

While the draft Guidelines are a material consideration in determining the suitability of items for inclusion within the DCP, preliminary discussions with the DPLH have identified that items can be supported where there is sufficient planning merit for their inclusion. Therefore, it is not recommended that any amendments are made in this regard.

 

Town Beach Foreshore Works

 

The Draft Guidelines identify that foreshore works are excluded under SPP3.6 except in the case of fragmented lands where it is the only way to facilitate development. Furthermore, the submissions received request that the upgrades at Town Beach be removed on the grounds that the items are more reflective of regional infrastructure, and there is no clear ‘nexus and need’ between the items and the DCA. 

 

In response, Shire officers have reconsidered the inclusion of Town Beach/Jetty-to-Jetty items, and have made modifications to remove these items from the DCP. Officers have concluded that these items do not sufficiently address the ‘nexus and need’ requirements of SPP3.6 and could jeopardise the progression of the amendment if they were to remain in the DCP. It is also important to note that the Shire has received grant funding for some of the items, which consequently places less pressure on the items being funding through development contributions.  

 

Population projections

 

One of the submitters questioned whether the population projections informing the DCP overestimate actual population growth, thus resulting in some of the infrastructure not being required for more than 15 years. 

 

In response, the population projections used for the DCP allow for a moderate growth rate of 2.3%. This is considered to be conservative and a reflection of the changing economic climate as it is considerably lower than the historical Annual Average Growth Rate (AAGR) in Broome from 1976-2013, which was 3.97% and also lower than ‘aspirational’ scenarios of 3%, 4% and 5% considered in the Kimberley Regional Planning and Infrastructure Framework (Department of Planning, 2015).  

 

During the annual reviews of the DCP the Shire will consider whether the projected growth rate needs adjustment on the basis of observed conditions and any recent projections undertaken.

 

Pay twice (DCP and rates)

 

It is contested in the submissions that without a differential rate structure in place to reduce the rate levy for owners within the contribution area, those owners within the DCA would be financially penalised. That is, landowners within the contribution area would pay toward DCP costs through ordinary rate contributions. The landowners would then make additional payment through the DCP.

 

In response, the premise of adopting a DCP and collecting DCP developer contributions is long established in the WA Planning System.  The Shire’s DCP is consistent with the SPP3.6 and how development contributions have been applied and collected in other local government areas throughout the State.

 

The contribution amount under the DCP is paid for by the developer at the time of seeking subdivision clearance and is not paid by the owner of the lot. The justification for developer contributions is that the party which is receiving the benefit from undertaking the development (the developer) is contributing to infrastructure that is required to support the additional residents, rather than that cost having to be met wholly by the local government (and its residents). 

 

It is noted that the subsequent landowners will then be paying rates, however rates are levied for a variety of reasons and not solely for undertaking capital works to meet future population growth, which is the role of a DCP.  

 

Fit for Purpose Water Supply Study - certainty over implementation of the project.

 

It is contested that there is an insufficient level of certainty associated with the proposed water infrastructure identified through the Fit for Purpose Water Supply study to justify inclusion with the DCP. In particular, submitters were concerned that the proposed infrastructure may not eventuate or the Broome North Waste Water Treatment Plant may be decommissioned, with the community not receiving benefits from the contributions. Submitters also expressed that this should not be included in the DCP as it would deliver operational savings to the Shire.

 

The Shire and the Department of Water have identified that the current manner in which public open space (POS) is irrigated will be neither cost-effective nor sustainable as the area of POS in Broome increases. The sustainable irrigation of public open space areas created through the subdivision of land process is required to address the Better Urban Water Management Principles and this is currently not being satisfied in new urban areas in Broome.

 

While it is noted that the implementation of the system may deliver operational savings to the Shire in the long-term, the main emphasis of this project is to achieve sustainability and to ensure that the principles within the Better Urban Water Management Guidelines are achieved for new subdivisions. The potential for operational savings is not the driving factor for inclusion of this item in the DCP. Essentially, given the large capital investment required to build this infrastructure, it is beyond the Shire’s fiscal capacity to build it on its own, and is likely to be beyond the capacity of an individual developer to construct. Given that the facility will ultimately provide water for many developments, the funding of this should be provided through a DCP so all future developments are equally contributing to this new infrastructure.

 

Further, it is not unreasonable to consider the operational costs of infrastructure in determining its suitability.  If infrastructure is established (with or without development contributions) that is not feasible to maintain, then it does not serve its intended purpose. 

 

The Shire is continually working on the implementation of the preferred option, which includes ongoing discussions with the Water Corporation. The Shire is of the view that the project is consistent with the SPP3.6 principles and therefore it is recommended that it remain in the DCP.

 

 

Changes to the Amendment and DCP following consultation

 

As set out in the comments above, upon review of the submissions, it is recommended that the Town Beach and Jetty-to-Jetty items are removed from the Scheme Amendment and the DCP.

 

Officers have also made the following amendments to the DCP:

 

·    All project costings have been updated to reflect Local Government Cost Index (LGCI) increases as of June 2017;

·    Inclusion of decimal places in total project costs;

·    Updates to reflect changes in the Long Term Financial Plan. This has resulted in the Treated Wastewater Infrastructure and Broome North – District Sporting Field and Player Amenities being pushed back one year, and Lighting to Joseph Nipper Oval being brought forward three years.

 

With the above adjustments and removal of the Town Beach and Jetty to Jetty projects, the overall amount of developer contributions has been reduced by $3,584,155. The table below shows a comparison of the per-dwelling contribution for each development area of the original DCP compared with that in the updated DCP.

 

Original DCP: Cost Per Dwelling including Town Beach and Jetty to Jetty items

 

 Area

No of Dwellings

Total Cost per Dwelling

Broome North

2147

$4,792.49

Roebuck Estate Western Triangle

169

$6,408.72

Yawuru Gubinge Road

65

$5,447.08

Roebuck Estate Lot 9053 Lorikeet Drive

750

$3,880.31

Yawuru Clementson

76

$3,880.31

 

Revised DCP: Cost Per Dwelling excluding Town Beach and Jetty to Jetty items

 

Area

No of Dwellings

Total Cost per Dwelling

Broome North

2147

$3,674.89

Roebuck Estate Western Triangle

169

$5,291.11

Yawuru Gubinge Road

65

$4,329.47

Roebuck Estate Lot 9053 Lorikeet Drive

750

$2,762.70

Yawuru Clementson

76

$2,762.70

 

When reviewing the costs in the Shire’s DCP compared to other local government DCPs, while the contributions vary between different areas, the Shire’s contributions are within the ranges adopted in other jurisdictions. The table below provides a brief overview of DCP costs in other local governments:

 

 

Local government area

DCP amount per lot

Margaret River

$1,297.76

Busselton

Minimum charge $1,553.00

Maximum charge $5,060.00

Wanneroo - Yanchep

$2,780.00

Rockingham

Minimum charge $1,860.00

Maximum charge $3,335.00

Cockburn

Minimum charge $3,112.98

Maximum charge $5,506.55

Kwinana - Mandogalup

$7,043.73

Kwinana – Wellard East

$6,573.93

 

Summary comments

 

The Schedule of Submissions included in Attachment 3 considers all the submissions received during the consultation period and provides officer recommendations in respect to each of the submissions. In the main, the submissions did not object to the principle of a DCP, however concerns were raised in respect to the suitability of items and compliance with the draft Guidelines.

 

Officers subsequently met with affected property owners in order to further understand their concerns, and as a result, changes were made to the DCP, removing Town Beach and Jetty to Jetty items. It is understood that the affected property owners welcome this move, however, they are unable to provide their support for the DCP unless extensive work is undertaken to further address their concerns. 

 

In response, it is considered that the DCP report (Attachment 2) and the Schedule of Submissions (Attachment 3) provide sufficient justification to address the concerns of affected land owners and enable the DCP to progress subject to the proposed changes. It is therefore recommended that Council support the proposed Scheme Amendment and DCP subject to the proposed modifications.

 

CONSULTATION

 

SPP3.6 states that ‘Land owners and developers have the right to be consulted on the manner in which development contributions are determined.’ Accordingly, the Scheme Amendment was advertised for a period of 63 days thus satisfying the requirement for a complex amendment under the Regulations. Public advertising included:

 

·    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;

·    letters to public authorities the Shire considers could be affected by the amendment; and

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

 

A total of five submissions were received; three objections and two non-objections. The submissions from affected land owners raised a number of concerns, including the suitability of infrastructure items, timeframes and compatibility with the draft State Planning Policy 3.6 Guidelines.

 

Meetings were subsequently held with all affected land owners to enable Shire officers to work through their submissions. The schedule of submissions included in Attachment 3 provides details of the submissions received and the Shire’s response. An overview of the main issues raised in the submission is provided in the comments section above. Copies of the individual submissions have been included in Attachment 4.

 

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.

 

Planning and Development (Local Planning Schemes) Regulations 2015

41.     Consideration of submissions on complex amendments

 

(1)     In this regulation —

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

(a)     the day that is 90 days after the end of the submission period for the amendment;

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

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

(d)     a day approved by the Commission;

submission period, in relation to a complex amendment to a local planning scheme, means the period for making submissions specified in the notice in respect of the amendment referred to in regulation 38(1).

(2)     The local government —

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

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

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

(a)     to support the amendment to the local planning scheme without modification; or

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

(c)     not to support the amendment to the local planning scheme.

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

 

44.     Information on complex amendment to be provided to the Commission

 

(1)     After passing a resolution under regulation 41(3) the local government must provide the advertised amendment to the local planning scheme to the Commission together with the following —

(a)     a schedule of submissions made on the amendment;

(b)     the response of the local government in respect of the submissions;

(c)     particulars of each modification to the amendment proposed by the local government in response to the submissions;

(d)     if any proposed modification to the amendment was advertised —

(i)      an explanation of the reasons for advertising the modification; and

(ii)     particulars of how the modification was advertised; and

(iii)     a schedule of submissions made on the proposed modifications; and

(iv)    the recommendation of the local government in accordance with regulation 42(7)(c) in respect of each submission;

(e)     a copy of the resolution passed under regulation 41(3);

(f)      if that resolution was a resolution under regulation 41(3)(c) — a summary of the reasons why the local government does not support the amendment to the local planning scheme;

(g)     details of any provision in the local planning scheme as it will be amended that varies or excludes a provision set out in Schedule 1;

(h)     details of any provision in the local planning scheme as it will be amended that supplements a provision set out in Schedule 2;

(i)      any relevant maps, plans, specifications and particulars required by the Commission.

(2)     A schedule of submissions referred to in subregulation (1)(a) and (d)(iii) must include the following -

(a)     the name and address of the person making the submission;

(b)     where it is relevant, a description of the property that is the subject of the submission;

(c)     the submission or a summary of the submission.

(3)     The documents referred to in subregulation (1) must be provided to the Commission-

(a)     in the case of a resolution to support an amendment to a local planning scheme without modification or not to support an amendment to a local planning scheme — within 21 days of passing the resolution; or

(b)     in the case of a resolution to support an amendment to a local planning scheme with proposed modifications —

(i)      if the local government decides not to advertise the proposed modification — within 21 days of passing the resolution; or

(ii)     otherwise — within 21 days of complying with regulation 42(7); or

(c)     if the Commission in any case approves a longer period — within that longer period.

 

 

POLICY IMPLICATIONS

 

State Planning Policy 3.6

 

FINANCIAL IMPLICATIONS

 

The adoption of a DCP commits Council to the expenditure of $14,033,412 on infrastructure by 2031, as set out in the table below. The total cost of the infrastructure items is $26,454,245 and the DCP provides for $12,420,832 to be obtained through development contributions (figures rounded to the nearest dollar).

 

Infrastructure Item

Timing

Capital Cost

Shire contribution

Developer  contributions

Standard Infrastructure – Roads

Intersection Upgrade – Port Drive / Guy Street (roundabout)

2020/21

$968,281

$824,101

$4,148,090

Intersection Upgrade – Frederick Street / Cable Beach Road East

2026/27

$655,474

Carriageway Upgrade – Guy Street from Hunter Street to Port Drive

2026/27

$1,835,523

Carriageway Upgrade –Sandpiper Avenue from Broome Road to Sanderling Avenue

2029/30

$1,512,911

Standard Infrastructure – Water 

Treated Wastewater Infrastructure including tertiary treatment plant, transfer pump station, delivery and distribution pipelines and day storage tanks

2030/31

$9,891,227

$5,675,274

$4,215,952

Community Infrastructure

BRAC – Two Covered Outdoor Sports Courts

2020/21

$1,192,855

$778,691

$419,295

BRAC – Car Parking Upgrades (Stage 1)

2022/23

$1,705,210

$1,108,386

$596,823

BRAC – Lighting to Joseph Nipper Roe Oval

2019/20

$1,192,855

$775,355

$417,499

BRAC – Access improvements and connection to Frederick Street

2024/25

$262,340

$170,521

$91,819

BRAC – Car Parking Upgrades (Stage 2)

2025/26

$464,140

$301,691

$162,449

BRAC – Gymnasium

2027/28

$570,502

$370,826

$199,675

Broome North – District Sporting Field and Player Amenities

2029/30

$6,197,793

$4,028,565

$2,169,227

TOTAL

 

$26,454,245

$14,033,412

$12,420,832

 

The DCP proposes that the Shire’s cost contribution will be met through municipal funding, which may include a combination of sources as appropriate, including revenue from rates, borrowings, and reserve transfers.  It is acknowledged that over time, the Shire may seek and successfully obtain grant funding to assist with infrastructure provision. Future grant funding has not been factored in to the DCP at this time, however, as there is no certainty that this revenue source will be available. A similar rationale has been applied to any future financial assistance which may be provided by the Water Corporation to implement the treated waste water irrigation scheme.

 

Council reviewed the Shire’s Long Term Financial Plan (LTFP) in conjunction with the full review of the Corporate Business Plan, which was adopted by Council at 15 December 2016 Ordinary Meeting of Council, and all the infrastructure projects have been factored into the LTFP as capital works. Costings and timings in the DCP are generally consistent with those in the LTFP to ensure that there will be sufficient funds available to meet the Shire’s obligations under the DCP. As a further conservative measure, the LTFP has not accounted for any revenue from development contributions before 2025-26, meaning that any infrastructure projects that are scheduled for construction before this time will be financed through other sources with costs later recouped through contributions as they are received. 

 

It is noted that whilst the projects identified in the DCP cannot be altered without a Scheme Amendment, the cost estimates are required to be reviewed annually, meaning that the amount of investment from the Shire and developers is likely to change over time. As discussed above, LPS6 contains mechanisms for addressing either shortfalls or surpluses in contributions over the life of the DCP. 

 

There will be costs associated with the administration of the DCP. Scheme Amendment No. 2 identifies the possible sources of these costs, and thereby enables the Shire to levy additional contributions from developers to meet them. As no contributions are currently identified, any costs incurred from administration of the DCP will be met, at least in the first year, by the Shire.  An amount of $15,000 per annum has been included in the LTFP for DCP administration, but this figure will have to be reviewed on an annual basis through adoption of the annual budget.

 

RISK

 

Without a DCP in place, the Shire will not be able to require development contributions for new residential subdivisions in Broome. Whilst voluntary agreements may be entered into, this will be at the discretion of the developer. This could lead to the loss of millions of dollars that can be used help fund the construction of standard and community infrastructure within the town. Risks associated with progressing the DCP are discussed below.

 

One risk in terms of progressing with the DCP is that it commits the Shire to provide the identified infrastructure within 15 years. However, this risk is minimised to a degree as the Shire has the ability to at any time seek a further Scheme Amendment to modify the project list or DCP timeframes. Whilst this will require officers’ time to prepare the relevant documentation and approximately 12 months to progress the amendment through the WAPC, there is still some flexibility to change projects if circumstances warrant. 

 

A further risk is that the cost estimates are inaccurate and will result in too few contributions being collected, leaving the Shire to fund the shortfall. To reduce this risk, cost estimates will be reviewed on an annual basis and the contribution amounts updated accordingly. LPS6 also allows for the Shire to enter into an agreement with landowners to fund any shortfall which may occur once all contributions have been made.

 

Similar to this is the risk that new residential development will not progress at the rate envisaged, meaning that contributions will not be received in time to fund the infrastructure. Whilst the DCP is based upon a moderate growth rate (2.3% per annum, in line with Scenario 2 under the LPS and ‘Band C’ in the State government’s WA Tomorrow projections), this may occur given the current economic climate and associated drop in newly constructed dwellings.

 

As set out above, the working version of the LTFP acknowledges this, and does not factor in any contributions until 2025-26.  This increases confidence that the Shire is not reliant on a certain level of contributions being received before key projects can progress. It is acknowledged that borrowings may be required to fund some of the earlier projects prior to contributions being collected. The DCP allows for interest on borrowings to be recouped from developers as an administrative cost. Furthermore, LPS6 states that if the period of a DCP expires without a landowner’s full contribution being received, the landowner’s liability to pay the contribution continues and is to be carried over into any subsequent DCP prepared.

 

Whilst the introduction of a DCP is not without risk, it is considered that there are adequate mechanisms in place through the Shire’s Integrated Planning Framework, LPS6 and the DCP to reduce these risks to tolerable levels.

 

STRATEGIC IMPLICATIONS

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational 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:

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr D Male

That Council:  

1.       Considers all the submissions received through the public advertising submission period for proposed Amendment No.2 to the Shire’s Local Planning Scheme No.6 in accordance with regulation 41 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.       Supports Amendment No. 2 to Local Planning Scheme No 6 as shown in Attachment 2 in accordance with regulation 41 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015.

3.       In accordance with regulation 44 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, provides the Western Australian Planning Commission with:

a)      a copy of the advertised scheme amendment;

b)      the schedule of submissions including the response of the local government in respect of each submission and particulars of each modification to the amendment proposed by the local government in response to the submissions as shown in Attachment 3;

c)      a copy of the Council resolution; and

d)      a copy of the Development Contribution Area map.

4.       Forwards the amendment documentation to the Western Australian Planning Commission and the Minister for Planning in accordance with regulation 44 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

5.       Acknowledges in writing the receipt of each submission received in accordance with regulation 40 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

6.       Approves the Shire President and Chief Executive Officer to sign the Scheme Amendment Report and apply the Common Seal.

CARRIED UNANIMOUSLY 5/0

 

Attachments

1.

Development Contribution Area

2.

Scheme Amendment Report

3.

Schedule of Submissions

4.

Copies of Submissions

  


Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

 

 



Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.2      CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE

LOCATION/ADDRESS:                             Lot 2789 Cable Beach Road West, Cable Beach

APPLICANT:                                              Georgie Adeane

FILE:                                                           RES 36477

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Manager Planning & Building Services

Events and Economic Development Coordinator

Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 July 2017

 

SUMMARY:         This report seeks Council’s consideration for a proposal to undertake a trial between 1 June 2018 and 1 October 2018 for markets at Cable Beach amphitheatre. The markets will operate on one evening per week during the trial period and will consist of up to 25 food and beverage stalls/food vans and a pop up bar.

It is recommended that Council approve the application as a trial and grant a 4 month market licence under the Shire of Broome’s Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

The applicant initially lodged an application for markets proposing two alternate locations (Cable Beach and the amphitheatre) and an agenda item was prepared for consideration at the Ordinary Meeting of Council on the 27 July 2017. The applicant sought to amend the market proposal resulting in the item being withdrawn from this meeting.

The applicant has since provided an updated proposal which is the subject of this item. Officers have also undertaken consultation with adjacent food businesses and approved trading activities. The outcome of the consultation is set out below.

 

Description of the Proposal

 

The applicant has provided an updated proposal, which seeks to use the Cable Beach amphitheatre to operate weekly markets. The markets will consist of up to 25 food and beverage market stall marquees and vans, including a pop up bar. The markets will operate every Wednesday, between the hours of 4.30pm and 9pm, from mid June 2018 until mid September 2018. The applicant will aim for the markets to be plastic free and ecofriendly, consisting of food and beverage vendors and local musicians to create ambience.

 

Attachment 1 indicates proposed layout and location of the Cable Beach Sunset Markets.

 

COMMENT

 

The applicant has stated that the Cable Beach Sunset Markets aims to create an iconic weekly event at Cable Beach during the busy tourist season. Market stalls and a pop up bar at Cable Beach seeks to create a vibrant dining and socialising opportunity for both tourists and local residents. The applicant believes that the Cable Beach amphitheatre is an appropriate setting for Sunset Markets, with the perfect weather for outdoor dining during the dry season. Council is requested by the applicant to issue a market licence as a trial over four months in 2018. The elements that have been considered by officers in forming a recommendation on this application are set out below.

 

Locations

 

Several options for the location of the proposed markets have been investigated by the applicant. Initially it was proposed that the markets be located on the grassed area between the Surf Lifesaving Club and Zanders Restaurant. However, given the restricted vehicular access and existing functions booked at the Surf Club, Officers advised against this location.

 

The applicant, together with officers, then explored other potential locations within the Cable Beach vicinity to situate the proposed markets. These locations include a portion of the beach, the northern and the southern car parks and the reserve east of the existing ablutions facility. The applicant sought to pursue two options for the markets, being a portion of Cable Beach and the amphitheatre. These two options formed part of the agenda item prepared for consideration at the July 2017 Ordinary Council Meeting. The applicant advised after the agenda was finalised that the location on the beach was unsuitable for varying reasons including concerns with tidal surges, logistics of running the markets in this location and vehicular access limitations. The applicant also sought to amend the positioning and layout proposed in the Cable Beach amphitheatre. As a result, the proposal was withdrawn from the July 2017 Ordinary Meeting to enable the applicant to submit a revised proposal.

 

Since this time, the applicant has updated the proposed market layout and positioning and is seeking approval for this to occur on a portion of the Cable Beach amphitheatre. Attachment 1 shows the proposed layout of the Cable Beach Sunset Markets.

 

The applicant is seeking approval for use of this area as it would have minimal impact on traffic, parking and existing event bookings. Further, the applicant has expressed that for the markets to be successful, it should occur on a lawn surface instead of parking hardstand.

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

The market proposal has been assessed against the Trading, Outdoor Dining and Street Entertainment Local Law 2016 to ensure that all requirements are met. Part 4 of the Local Law details the process and limitations on granting a market licence. The Local Law details the following responsibilities of the market licensee:

 

“4.6.1 The licensee must —

(a)    comply with the conditions of the market licence;

(b)    not permit the operation of the market to extend beyond the portion of a public place specified in the plans and approved as part of the licence;

(c)     prior to setting up or conducting the market, obtain the following further approvals and make arrangements as follows:

(i)    where the market is to be set up or conducted on a public thoroughfare, obtain approval from the local government and Western Australian Police Service for the closure of the public thoroughfare to vehicular traffic or the part of it where the market is to be held during the hours of operation of the market;

(ii)   ensure adequate refuse collection arrangements have been made to the satisfaction of the local government; and

(iii) where appropriate, have the necessary local government approvals under the Health (Public Buildings) Regulations 1992, including a:

A.      certificate of approval under regulation 6 of those regulations; and

B.      certificate of electrical compliance under regulation 10 of those           regulations.

 

4.6.2 During the operation of the market and the setting up and dismantling of the market, the licensee must —

(a)    maintain pedestrian access through and beyond the approved market area;

(b)    maintain access to building entries adjacent to the approved market area;

(c)     retain access to existing or approved outdoor dining areas associated with the building entries referred to in sub-clause (b);

(d)    maintain adequate access for emergency vehicles through any thoroughfare of the approved market area;

(e)     stabilise all stalls, furniture and other equipment provided and used in the operation of the market at all times and remove stalls, furniture and equipment when not in use;

(f)      maintain noise levels from any associated music, announcements and the like, in accordance with any condition of the market licence, so as not to cause a nuisance; and

(g)    maintain the approved market area clean and free from rubbish.

 

4.6.3    The licensee must at the conclusion of the operation of each market, ensure that all stalls, furniture and other equipment used in the operation of the market, are removed and the area returned to the condition it was in before the commencement of the market, and to the satisfaction of the local government”

 

The applicant has advised the onsite manager will arrive at the approved location at 1pm to begin preparing the site for the market. The additional ablution facilities will arrive on site at 1.30pm and stallholders will arrive from 2.30pm. Trade will commence at 4.30pm and will end at 9pm, with all equipment removed from the site by the stallholders and the site being cleaned by 10pm. The applicant has confirmed all stallholders must have an ABN number, temporary food licence, certificate of currency and food registration prior to trading.

 

It should be noted that the issue of a market licence does not give the licensee exclusive possession or use of the approved market area. Furthermore, a condition will be included on the approval that the market is to comply with the all relevant local laws.

 

Cable Beach Development Strategy

 

The Cable Beach Development Strategy (2016) sets out medium to long term strategic planning objectives for Cable Beach and its surrounds, articulates development control provisions for new land use and development and identifies actions the Shire can take to achieve its stated objectives. With regards to public trading activities, the Strategy states:

 

“Promote Public Trading Activities

The seasonal nature of Broome’s tourism industry is a barrier to encouraging enterprise development in the Precinct. Allowing dedicated areas for mobile public traders, who can activate the area in the peak season and cease or scale back operations in the off-peak season, is one way to address this constraint. A number of locations may be suitable for public traders.”

 

“Kiosk /Mobile Trader on Cable Beach

 

There is an opportunity for a mobile trader to be established on Cable Beach selling snack food and beverages. Opportunities to serve alcohol in a designated area can also be considered.”

 

The markets will assist in the activation of Cable Beach precinct during the busy tourist season by allowing mobile public traders to operate from the amphitheatre. The markets are considered suitable for public traders as they will create an iconic event with a good ambience, whilst having minimal impact on Shire infrastructure.

 

Draft Events Attraction Strategic Development Plan

 

At the February 2017 Ordinary Meeting of Council, Council endorsed the recommendation of the Economic Development Advisory Committee to explore attracting more events to Broome, including food and wine focussed events. Further to this recommendation, Officers worked with a consultant to identify the types of events that would be best suited to Broome. The draft Events Attraction Strategic Development Plan (EASDP) was presented at the June 2017 Councillor’s workshop.

 

In the EASDP it was identified that events that are unique to the region would have greater potential to be successful and sustainable. Food markets overlooking Cable Beach would be a unique experience for visitors and locals alike. The EASDP also noted that events would be best suited if they meet the needs of the target market of tourist visiting the region being the Grey Explorer, the Dedicated Discoverer and the Aspirational Achievers. Markets would appeal to all of these groups bringing vibrancy to an area that attracts many to watch the sunset. Furthermore, it will add depth to the visitor experience and has the potential to encourage tourists to extend their stay in the region.

 

Local Planning Policy 8.30 Minor Development

 

Table 1 of the Local Planning Policy 8.3 Exempt Development, identifies that development

approval is not required for the use of any land that is approved through a licence or permit issued under the local law. The policy also requires that the activity does not involve

alterations to the land or the construction of permanent structures. Furthermore, it specifies

that the activity must not be exclusive use.

 

A market licence is issued under the Local Law and will not provide the licensee with exclusive use of the proposed market site. There will be no alterations to the site nor will any permanent structures be constructed. Therefore, in accordance with Local Planning Policy 8.30 Exempt Development, the markets are considered to be a temporary use and not an exclusive use, and deemed exempt from requiring development approval.

 

Liquor Licensing

 

With respect to the pop up bar element of the proposal, the applicant must ensure that all liquor licensing requirements set out by the Department of Racing, Gaming and Liquor are complied with, and appropriate licences are obtained prior to operation.

 

Non-Competition

 

Council’s Trading in Public Places Policy 4.2.15 restricts a trading activity being undertaken within 300 metres of a permanent business that it would be directly competing with. However, it should be noted the Local Law does not restrict markets trading within a certain distance of a competing business.

During the public comment period, Zanders lodged an objection to the proposed markets, with the objection largely focused on the loss Zanders will incur if the markets are approved. Similarly, while the Cable Beach Club does not object to the proposed market, concerns were raised as to the potential impact markets could have upon sales. It should be noted the markets are proposed to operate one day per week for four months during the dry season, and will allow a different offering to existing restaurants in the area by providing international cuisine food experiences. The offerings at the markets will be food ready for consumption, as opposed to existing surrounding restaurants which offers a restaurant dining experience and a differing food product. Whilst concerns from adjacent food premises are noted, place activation resulting from the markets could in turn benefit these businesses, as it would attract customers seeking a sit-down meal experience.

 

Furthermore, the previous lease for Zanders Restaurant, which commenced on 1 August 2000 included a covenant that no other tearoom or kiosk or restaurant; or any person, body or group other than the Lessee or assignee or successor to the Lessee, is to commence operations of a tearoom kiosk or restaurant on the Cable Beach Reserve. However, this covenant was removed in the most current lease dated 1 September 2012 for a term of 21 years.

 

Conclusion

 

In conclusion, the proposal is supported by the Cable Beach Development Strategy and the draft EASDP, and complies with the Local Law. It is considered that the Cable Beach amphitheatre is an appropriate location for the operation of the markets and if successful will increase the use of the precinct and offer an additional visitor experience to Broome.  

 

It is also recommended that the market licence be issued for a 4 month trial only. This gives the Shire the ability to review whether the proposed location is appropriate and whether the markets achieve positive outcomes for the Cable Beach precinct.

 

It is further recommended that after the four month trial, should further approvals be granted, that adjacent businesses be offered an opportunity to provide further comment. This will provide an opportunity for these businesses to demonstrate any impact the operation of the markets have upon their activities.

 

CONSULTATION

 

Whilst consultation is not required under the Trading, Outdoor Dining and Street Entertainment Local Law, Zanders, the Cable Beach Club and the Beach Hut were given 14 days to provide comments on the proposed markets.

 

Attachment 2 outlines the submissions received within the consultation period.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.30 – Minor Development

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The applicant has provided the Shire with a draft risk management plan, which examines public relations and operational risks associated with event operations for the Cable Beach Sunset Markets activities established within the Cable Beach amphitheatre. A final risk management plan is required to be provided to the Shire, to the satisfaction of the Chief Executive Officer, 30 days before the first market event.

 

STRATEGIC IMPLICATIONS 

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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 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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

motion:

(Report Recommendation)

Moved: Cr E Foy                                                        Seconded: Cr M Fairborn

That Council: 

1.       Grants a market licence to Georgie Adeane in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 for a trial period of 4 months from 1 June 2018 until 1 October 2018, between the hours of 4.30pm and 9pm, every Wednesday from mid-June until mid-September, on the Cable Beach amphitheatre, subject to the following conditions:

a)   Compliance with all local laws, State and Federal Acts and Regulations related to the Market activity.

b)   A risk management plan to the satisfaction of the Chief Executive Officer, being submitted to the Shire thirty days prior to the first markets event being held, and adhered to thereafter.

c)   When not travelling on gazetted roads, vehicles must display headlights and hazard warning lights to increase visibility whilst in motion.

d)   Vehicles are to travel the most direct route through the prohibited area and are to give way to, or maintain a safe distance from members of the public at all times.

e)   The permit holder shall comply with all relevant legislation and Shire local laws.

f)     Public liability insurance cover to the value of $10,000,000 ($10 Million) at all times must be held by the applicant and produced to the Shire of Broome prior to operation.

g)   Ablutions and any additional infrastructure or facilities must be provided as directed by the Shire.

h)    The licence can be cancelled at any time at the discretion of the Chief Executive Officer, if circumstances warrant.

i)     Temporary signage must be installed by the applicant, during the market operating hours, advising patrons the facilities at Cable Beach Club Resort (including Sunset Bar) and Zanders are only available to customers of those businesses.

2.       Authorises the Chief Executive Officer to vary the market licence in relation to the location and day of the markets if necessary at any time throughout the 4 month trial.

3.       At the conclusion of the market trial period, if a new market licence application is submitted, adjacent businesses be provided with an opportunity to comment and outline impacts that may have occurred during the market trial period.

 

The mover proposed an amendment to the substantive motion to delete a pop-up bar within the market stalls. The seconder did not accept the proposed amendment. Cr E Foy then proposed a formal amendment.

 

AMENDMENT:

Moved: Cr E Foy                                                        Seconded: Cr P Matsumoto

That the pop-up bar be deleted from the application.

LOST 2/3

 

The substantive motion was then put.

 

Council Resolution:

(Report Recommendation)

Moved: Cr E Foy                                                        Seconded: Cr M Fairborn

That Council: 

1.       Grants a market licence to Georgie Adeane in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 for a trial period of 4 months from 1 June 2018 until 1 October 2018, between the hours of 4.30pm and 9pm, every Wednesday from mid-June until mid-September, on the Cable Beach amphitheatre, subject to the following conditions:

a)   Compliance with all local laws, State and Federal Acts and Regulations related to the Market activity.

b)   A risk management plan to the satisfaction of the Chief Executive Officer, being submitted to the Shire thirty days prior to the first markets event being held, and adhered to thereafter.

c)   When not travelling on gazetted roads, vehicles must display headlights and hazard warning lights to increase visibility whilst in motion.

d)   Vehicles are to travel the most direct route through the prohibited area and are to give way to, or maintain a safe distance from members of the public at all times.

e)   The permit holder shall comply with all relevant legislation and Shire local laws.

f)     Public liability insurance cover to the value of $10,000,000 ($10 Million) at all times must be held by the applicant and produced to the Shire of Broome prior to operation.

g)   Ablutions and any additional infrastructure or facilities must be provided as directed by the Shire.

h)    The licence can be cancelled at any time at the discretion of the Chief Executive Officer, if circumstances warrant.

i)     Temporary signage must be installed by the applicant, during the market operating hours, advising patrons the facilities at Cable Beach Club Resort (including Sunset Bar) and Zanders are only available to customers of those businesses.

2.       Authorises the Chief Executive Officer to vary the market licence in relation to the location and day of the markets if necessary at any time throughout the 4 month trial.

3.       At the conclusion of the market trial period, if a new market licence application is submitted, adjacent businesses be provided with an opportunity to comment and outline impacts that may have occurred during the market trial period.

CARRIED 3/2

 

Attachments

1.

Site plan

2.

Comments received on market proposal

  


Item 9.2.2 - CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE

 

 

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Item 9.2.2 - CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE

 

 

 


COMMENTS RECEIVED ON MARKET PROPOSAL

 

#

Name

Date

Comments received

Officer Comment

Recommendation

1.

Zanders

08.08.17

The following comments were received:

1.     I cannot stress enough how disappointing it is that the Shire of Broome are even considering a proposal of this nature.

2.     The owners of Zanders absorb significant losses for 7 months of the year.  They do this in order to provide a service to the local residents of Broome and to provide a place for tourists to enjoy a meal with a drink at Cable Beach in the quiet season. 

3.     It would make more commercial sense to close Zanders for these months, however the venue remains open with the knowledge that these losses will be somewhat mitigated by increased revenue during the tourist season.

4.     The addition of night markets, with 25 food and beverage market stall marquees and vans, including a pop-up bar right on our doorstep will significantly impact our business. 

5.     Zanders will no doubt be subject to members of the public attempting to use our facilities which are already at capacity from restaurant patrons – again at a cost to our business.

6.     To allow pop up markets to sell alcohol and food at a significantly lower price point – which they can, due to the lack of overheads like rent and rates is, quite frankly, insulting to the Owners who have been rent and rate payers to the Shire for many years.

7.     If these markets were to take place we would be at a significant disadvantage and it would no doubt irreparably harm our business and take away the few months of profitability which we wait 7-8 months of the year to see.

8.     If the Shire are keen on having live music and casual food and beverage options on the beach, Zanders are more than happy to provide this service and it would be very much appreciated if we were given the opportunity to discuss this prior to the application being granted.

9.     If this is not an option, Zanders would ask the Shire to consider that this type of offering be placed somewhere (like Gantheume Point) much further away from the tenants on Cable Beach so as not to hurt the business which we have fought so hard to keep afloat for the last few years.

10.  Zanders has paid rent and rates to the Shire for over 10 years now and has remained open to the public all year round. However if Zanders’ business in the peak season is to be cannibalised by food stalls with a mobile bar such as is being proposed, then we will be left with no choice but to seriously consider the legal avenues open to us to protect our business. 

11.  I understand from your email that the application does not need community consultation and we all agree that that Broome needs more attractions to bring in tourists. However these attractions cannot and should not be at the detriment of local businesses like Zanders, a tenant of the Shire of Broome which has operated for the benefit of local Broome residents all year round even when it has not been commercially viable to do so.

12.  It will be of significant detriment to Broome businesses that are fighting hard to stay afloat in these challenging economic times.

13.  In an ideal world Zanders would operate for five months a year and would show a significantly higher annual profit.

14.  I cannot stress enough how disappointing it is that the Shire of Broome are even considering a proposal of this nature.

 

1.     Objection noted.

2.     The Shire supports Zanders remining open all year round and a market trial between June and October is considered unlikely to impact upon operations in the tourism shoulder periods referenced.

3.     The Shire supports Zanders remaining open all year. At this point it is proposed that the market is approved for a trial period only between June and October.

4.     The concerns about the impact that the markets might have upon existing businesses are noted. However it is proposed that this application be approved for a trial period only, allowing for any impacts to be considered at the conclusion. The intention of holding markets is to bring additional people to the Cable Beach precinct. The type of food offerings and experience available at the markets are different to the restaurant experience offered at Zanders. As markets are likely to draw additional people to the precinct it is likely to bring additional potential customers to the adjacent restaurants.

5.     The markets will be required to bring their own toilets. The toilets will be within the footprint of the markets and it is unlikely that patrons would choose to walk a greater distance to access toilets at Zanders.

6.     Markets traditionally offer different type of food products and experience to that expected in a restaurant. While it is noted that food at markets are perceived to be cheaper than a restaurant, it is a different type of offering and as set out above, is not in direct competition to the level of service available at Zanders or adjacent restaurants.  

7.     The markets are a trial for a four month period for one night of the week (a total of 16 markets). As set out above, the food product available in a market is different to that in a restaurant and it is hoped that drawing additional people to the precinct will also increase patronage at the adjacent restaurants.

8.     The Shire is open to conversations with Zanders about potential live music events. The approval of the markets is not seen to prevent this from occurring.

9.     The markets are proposed to be approved for a four month trial period only. At the conclusion of the period, the Shire can review potential impacts on adjacent premises.

10.  The Shire’s intention in giving consideration to allowing markets at Cable Beach is to increase the amount of people accessing the precinct and also providing a greater range of tourist activities, thus leading to extended length of stays. It is hoped that with additional people visiting the area that this will also have a positive impact on adjacent, already established restaurants.

11.  As per comments above.

12.  As per comments above.

13.  As per comments above.

14.  As per comments above.

It is recommended that the markets be approved for a four month trial period.

 

At the conclusion of the trial period and if an extension is sought to the market licence, it is recommended that adjacent operators be invited to comment and relay any impacts that may have been experienced during the trial.

 

Cable Beach Club

18 July 2017

Whilst the Cable Beach Club Resort advised they have no objection to the proposed markets, they have provided a submission registering the following concerns:

1.   Loss of restaurant and bar and food beverage revenue.

2.   Amphitheatre not being available to book for events for an extended period of time.

3.   Concerns regarding guests not understanding the Amphitheatre and our facilities are not linked.

4.   Guests buying beers from Cable Beach Club Resort and going to the markets is a concern.

5.   Use of in house facilities - in particular the Sunset Bar toilets.

6.   We would need security on the market evenings to uphold liquor licence restrictions.

7.     Set up blocking the view from the Sunset Bar for guests.

1.     The food offerings and experience available at a market are different to that in a restaurant. It is envisaged that markets would increase the amount of people visiting the Cable Beach precinct which is likely to have a positive impact on adjacent restaurants, with more potential customers in the area.

2.     There are no existing event bookings over the period the market trial is proposed. 

3.     The markets will have to provide toilet facilities to cater for customers visiting the markets. The toilets will be in the market footprint and it is unlikely that people attending markets will choose to travel further to use toilets.

4.     It is noted that the markets may be an attractor for patrons drinking at the Cable Beach Club, however this is something that the management of at the Club must address.

5.     As per comments in 3 above. 

6.     The liquor licencing is monitored by the Department of Racing Gaming and Liquor, however it has been advised the applicant of the Markets is to provide security for the pop-up bar to satisfy Liquor Licencing requirements.

7.     The markets have been proposed approximately 20m north of the Sunset Bar to not obstruct its view.

It is recommended that the markets be approved for a four month trial period.

 

At the conclusion of the trial period and if an extension is sought to the market licence, it is recommended that adjacent operators be invited to comment and relay any impacts that may have been experienced during the trial.

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.3      PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH

LOCATION/ADDRESS:                             Lot 481 (29) Wirl Buru Gardens, Cable Beach

APPLICANT:                                              Colin Lonsdale

FILE:                                                           WIR-1/29

AUTHOR:                                                   Manager Planning & Building Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    28 August 2017

 

SUMMARY: An application for Development Approval has been received for a ‘Bed & Breakfast Accommodation’ land use to be undertaken at 29 Wirl Buru Gardens, Cable Beach. In accordance with Council’s Local Planning Policy 8.23 Public Consultation – Planning Matters, the proposal was advertised to landowners within proximity to the site. A number of written objections were received, and as such the application is being referred to Council for determination. 

Based on a review of the submissions received and the merits of the proposal, it is recommended that the application is refused.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Site Context

 

The subject property is located on the corner of Wirl Buru Gardens and Bubur Crossing, and is zoned ‘Residential – R17.5’ in Local Planning Scheme No 6 (LPS6). Existing development on the property consists of a two-storey dwelling comprising of a main residence on the ground floor (four bedrooms and two bathrooms), and an ancillary dwelling (two bedrooms and one bathroom) on the upper floor. Adjoining land use and development consists of single dwellings to the north, east and south. Reserve land comprising native vegetation is opposite the subject site to the west.

 

The Proposal

 

The applicant proposes to undertake a ‘Bed & Breakfast Accommodation’ (B&B) land use activity from the existing dwelling, involving the use of two ground-floor bedrooms for the B&B use. The upper-floor of the dwelling, which is the ancillary dwelling, will be occupied separately. Two car parking bays are available on-site for use by the resident(s) of the dwelling, with an additional one parking bay available on-site for the ancillary dwelling and two parking bays available for the B&B activity.

 

Compliance

 

The subject application is the result of an ongoing compliance matter at the subject site. On 6 October 2014, a Direction Notice was issued by the Shire for the unapproved use of ‘Residential Building’. At this time, the site was being occupied by more than six unrelated people which is a Residential Building land use as opposed to a Single Dwelling. Following the issue of the Direction Notice, in December 2014 a site inspection was undertaken by Officers, which revealed the dwelling was no longer used as a ‘Residential Building’. As a result, it was deemed that the Direction Notice had been complied with.

 

In April 2016, an application was lodged for a B&B at the subject site. However, the application form was not signed by all owners of the property and despite three requests from Officers, this information was never provided to the Shire. Subsequently, on 12 July 2016 the application was cancelled.

 

More recently, Officers became aware that the property was again being made available for short-stay accommodation with website advertising material indicating that up to five bedrooms were available for short-stay rental. As a result, an investigation was undertaken and a letter sent to the owner on 20 July 2017 requesting that the use of the property for short-stay accommodation cease.  The owner was advised that if they wished to continue using the property for short-stay accommodation, an application must be lodged for the B&B. An application for a B&B was subsequently lodged on 20 July 2017, with this application being the subject of this report.

 

COMMENT

 

A B&B is a ‘D’ or ‘Discretionary’ land-use within the ‘Residential’ zone, which means that the use is not permitted unless the local government has exercised its discretion by issuing Development Approval. LPS6 defines a ‘B&B’ and Council has adopted LPP 8.27 - Bed and Breakfast Accommodation (LPP 8.27) to provide guidelines for the establishment of B&Bs within the Shire (see below).

 

The application submitted anticipates development that is consistent with the definition of a B&B land use as contained in Schedule 1 of LPS6. Under LPS6, B&B means: “A dwelling, used by a resident of the dwelling, to provide accommodation for persons away from their normal place of residence on a short term commercial basis and includes the provision of breakfast.” The provisions of LPP 8.27 further set out that only two bedrooms within a dwelling can be used for a B&B activity.

 

The advertising material that was available on the internet indicates that up to five rooms on the property are available for short-stay rental, including the ‘Bali Hut’ at the front of the property which is not approved for human occupation. This type of land use activity would be classed as a ‘Residential Building’ as it involves more than six unrelated persons occupying the residence. As set out in the background section of the report, compliance action has previously been initiated against the landowner for this land use.

 

It should be noted that while a Residential Building is an ‘A’ land use in the Residential zone, if approval was being sought for this activity, LPP 8.24 – Forms of Residential Accommodation other than Single House would apply. However, the proposal would not meet the Policy requirements as additional parking bays required to support the land use must be positioned behind the building and out of view of the street. The objective of this requirement is to prevent the dominance of cars on the street view and to maintain a typical residential streetscape. This requirement cannot be met on the subject site.

 

Submissions received from adjoining landowners also raise concerns with the ongoing use and occupation of the site, outlining that it is being used more intensively than a B&B and it is having amenity impacts which includes additional parking out on the street, increase noise and an influx in movement of people to and from the property, including at unusual hours, which is beyond that which would normally be expected in a residential area.

 

While the application currently submitted for a B&B does meet with the requirements of LPS6 and LPP 8.27, concern is raised that given the site already has approval for a single dwelling and an ancillary dwelling, that the additional use of the property for a B&B would have amenity impacts which is beyond a scale expected in a residential area. 

 

Based on existing approvals issued, the property can be occupied in the following manner:

 

·    Ground floor is approved as a single dwelling, which enables it to be occupied by a family or no more than six unrelated persons on a permanent basis; and

·    First floor is approved as an ancillary dwelling, which enables it to be occupied on a permanent basis to another party. Under the Health Local Laws, given the size of the rooms, up to four people can be accommodated in the ancillary dwelling.

 

If the B&B is approved, it would allow for two of the bedrooms on the ground floor to be occupied by up to four people on a short-stay basis.

 

Ultimately, this could allow for the property to be occupied by up to 14 persons at any one time. This represents a number well above the average occupancy of dwellings in Broome and beyond the level of occupancy expected reasonable in a residential area. It is therefore considered that based on the merits of this application and the existing approvals issued for the site that the proposed land use activity is not appropriate for this property and therefore should be refused.

 

From a car parking perspective, under Schedule 9 of LPS6 two parking bays are required for the single dwelling, one bay is required for the ancillary dwelling and one bay is required per B&B room (a total of five bays). While there is physically room on site to accommodate the parking of these vehicles, one of the bays for the B&B land use is in tandem with another bay which is not practical in this case, especially given that the ancillary dwelling can be occupied independently of the main dwelling.

 

The parking arrangement proposed will essentially result in the accommodation of five vehicles all being parked within the street setback area of the dwelling. This is considered inconsistent with the objectives of LPP 8.27, which is ‘protect the amenity and character of residential streetscapes’. The continual parking of five vehicles is considered to distract from the residential streetscape, and given that some of the bays are in tandem, it is likely to lead to parking on adjacent verges, which is not an acceptable outcome for an ongoing land use activity, particularly in a residential area.

 

Furthermore, information provided by the submitters and the advertising material available on the internet show that the property is not being used in accordance with the approvals issued. Despite previous compliance action by the Shire, the landowner has continued to use the property not in accordance with the approvals issued. Concern is also raised that while the applicant is seeking approval for two rooms to be used for short-stay accommodation, that more rooms will be used for this purpose. In short, the land uses that have occurred on the property over time mean that the property has been used more as a commercial operation rather than as a B&B, which is an incidental use associated with a residential premises. Therefore, it is likely that the proposed use of the property will not be compatible with the site’s residential zoning or the amenity of the locality.

 

Given the above, it is recommended that the application is refused.

 

CONSULTATION

 

The application was advertised to adjoining landowners, for a period of 14 days as required under LPP 8.23. Two submissions were received during the consultation period, in which concerns relating to the potential for detrimental amenity impacts were raised (refer Attachment 2 – Schedule of Submissions).

 

STATUTORY ENVIRONMENT

 

Planning and Development Act (2005)

 

Planning and Development (Local Planning Schemes) Regulations (2015)

 

Local Planning Scheme No. 6

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.27 – Bed and Breakfast Accommodation

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

There is a risk that the property will continue to be used, otherwise than in accordance with the approvals issued.  Given the previous compliance matters with the subject site, it is considered necessary for Shire officers to monitor the site to ensure that the property is being used in line with approvals issued.

 

STRATEGIC IMPLICATIONS  

 

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

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr P Matsumoto

That Council refuses the application for Development Approval 2017/59 for ‘Bed and Breakfast Accommodation’ at Lot 481 (29) Wirl Buru Crescent, Cable Beach, submitted by Colin Lonsdale, for the following reasons:

1.       Given the site’s existing approval for use as a single dwelling and ancillary dwelling, a Bed and Breakfast land use would represent an intensification of land use which:

a)      is not compatible with the Residential zoning of the property or the site’s setting;

b)      will impact on the amenity of the locality and the character of the locality; and

c)      would result in additional vehicles parked within the setbacks of the property, inconsistent with the character of the residential streetscape. 

CARRIED UNANIMOUSLY 5/0

 

Attachments

1.

Site and Ground Floor Plan

2.

Schedule of Submissions

  


Item 9.2.3 - PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH

 

 

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Item 9.2.3 - PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH

 

 

 

 

SCHEDULE OF SUBMISSIONS

 

#

Name

Date

Submission

Officer Comment

Recommendation

1.

Gary Davies

04.08.2017

The submission registered the following comment:

1.     We object to the proposal;

2.     The dwelling has been used for short-term accommodation for a number of years;

3.     Recently there was an Airbnb post on social media advertising the residence;

4.     There has been for many years, people coming, staying a night or two then leaving the residence;

5.     There is often vehicular congestion and unsafe parking of cars;

6.     There has been numerous nights of loud music, bright lighting and party noise late into the evening and until the early hours of the morning. Language and unruly behaviour have also been noted with police attending the address at least on one occasion;

7.     When I purchased my block of land, Landcorp had strict conditions for the sale of the land parcels through the ballot system, and I believe that the land parcels were not to be used for commercial applications;

8.     Currently the lower storey east room on Bubur Crossing is being used for short-term accommodation, with guests coming and going from the location regularly;

9.     Guests park in the garden in front of the lower story room;

10.  I am of the belief that the upper floor on the east Bubur Crossing side is also being used for accommodation and this room is not listed as a B&B room on the application;

11.  On the Wirl Buru/Buru crossing corner there is a thatched type room on stilts that has recently been fitted with an air-conditioner and have witnessed lighting and people inside late at night;

12.  Will the owner be residing at the residence?

13.  This type of commercial activity tends to dilute the attentiveness of those who live in the area in regard to activities that are out of character for the suburb. With constant coming and going of short stay travellers to the residence at all hours of the day and night, it becomes difficult to determine what is unusual behaviour for the property owners surrounding the residence;

14.  Does the massage practice have approval to be running from the subject dwelling?

15.  There are enough B&Bs in Broome already.

1.     Objection is noted.

2.     This has been investigated by the Shire and this application is the result of the operation of an unauthorised land use.

3.     Noted.

4.     Noted.

5.     Concerns over the availability of parking on site is noted. Shire officers similarly have concerns over the adequacy of parking given the existing approved land uses on site and the inadequacy of tandem parking arrangements given that the ancillary dwelling can be occupied independently of the main dwelling.

6.     Noted.

7.     While this application is seeking approval as a B&B, it is noted that the property in the past has not been used in accordance with approvals issued, with up to five rooms being made available for short-stay use. The type of activity being undertaken from the site is more commercial in nature rather than being incidental to a residential use. 

8.     Noted.

9.     Noted.

10.  The upper floor is approved as an ancillary dwelling and can therefore operate separate to the main residence and the B&B activity.

11.  The ‘thatched type room’ is an additional non-habitable room approved by the Shire. The landowner has been advised by Shire officers on several occasions that this room is not approved for human habitation.

12.  If the application were to be approved, a condition of the B&B will be for a permanent resident to reside at the property.

13.  Concerns over the amenity and character impacts are noted and it is one these grounds that the proposal is recommended for refusal.

14.  No approvals exist from the Shire for a massage business.

15.  The number of B&Bs permitted in Broome is not limited under the provisions of LPS 6 and LPP 8.27.

That the submission be noted.

 

It is recommended that application be refused for the following reasons:

 

1. Given the site’s existing approval for use as a single dwelling and ancillary dwelling, a B&B land use would represent an intensification of land uses which:

a)   is not compatible with the Residential zoning of the property or the site’s setting;

b)   will impact on the amenity of the locality and the character of the locality; and

c)   would result in additional vehicles parked within the setbacks of the property, inconsistent with the character of residential streetscapes. 

 

 

 

 

2.

Gareth Jenkins

09.08.2017

The submission registered the following comment:

1.     We strongly oppose the application;

2.     The plans do not represent what is currently constructed on site;

3.     There is currently a ‘cabana’ constructed on the north west corner of the lot that is being rented out as an air-conditioned guest room;

4.     The building setbacks nominated do not represent the current construction and a staircase and landing is constructed on the southern side of the existing structure;

5.     We view the ‘cabana’ as a detached dwelling, which is not permitted under local planning policy and the construction of the cabana is unlikely to be compliant with the National Construction Code (NCC) for example for Section J (Energy Efficiency), which is required for an air-conditioned space.

6.     The external staircase built on the southern boundary of the property directly overlooks our entertaining and pool area and permits no privacy for us either inside or outside our property. We have undertaken extensive landscaping in an attempt to screen it out. We question if this was an approved construction and if any screening was required or nominated on the approved plans;

7.     An unapproved hostel/backpacker style accommodation has been operating at the subject site for a number of years;

8.     Some areas of the property have been advertised for lease using commercial real estate agents in addition to the owner advertising via social media.

9.     We have seen the ‘cabana’, upstairs apartment and individual downstairs bedrooms advertised on separate occasions.

10.  This illegal use of the property has detracted from the amenity of the area due to, at times, excessive number of cars parked along the street verge, and illegal camping along the road and excessive waste stockpiled out the front of the property;

11.  Occupants frequently dump plant waste either over our fence, on the verge in front of our property or over the road in the Shire’s Drainage and Recreation reserve;

12.  The level of maintenance to the landscaping is poor with a number of plant species identified in the Shire of Broome publication as “Weeds of Broome”;

13.  In our view, the floor plan has sufficient features to be classified as a ‘Residential Building’, including a kitchen provided on the ground and first floor; independent access to portion of the building, namely, access independently to the second storey via the external staircase; the ratio of bathrooms and toilets to the number of bedrooms; the provision of separate outdoor living areas; and the amount of car parking provided. This is inconsistent with the approval as a dwelling and reclassification is appropriate in the consideration of the approval as a B&B accommodation;

14.  We question whether the landowner will remain as a permanent resident and continue to reside at the dwelling; and

15.  We request the Shire of Broome undertake a compliance review of the current construction of the property in comparison with the approved Planning and Building Approval documents to investigate the possible illegal construction.

1.     Objection is noted.

2.     The plans have since been updated; and a site inspection undertaken by Shire Officers on 31 August 2017, reveals the most recent plans correctly reflect what is currently constructed on site.

3.     The ‘cabana’ has been approved as a non-habitable addition. The owner has been advised on several occasions that this addition cannot be used for habitable purposes.

4.     A site inspection undertaken by Shire Officers on 31 August 2017, revealed the setbacks and buildings indicated on the plan to be correct.

5.     The ‘cabana’ was approved as a Class 10a non–habitable structure. Part J does not apply to this class of building as it is non-habitable.

6.     As per the Residential Design Codes of WA, the staircase does not require privacy screening as it is not considered to be a habitable space.

7.     This has been investigated by the Shire and this application is the result of an unauthorised land use. It is noted that the owner has been advertising that up to five rooms are available for short-stay use.

8.     Noted.

9.     Noted.

10.  Concerns over the availability of parking on site is noted. Shire officer’s similarly have concerns over the adequacy of parking given the existing approved land uses on site and the inadequacy of tandem parking arrangements given that the ancillary dwelling can be occupied independently of the main dwelling. The activity would result in up to five vehicles regularly being parked in the front setback area, which is  not deemed consistent with a residential streetscape.

11.  Illegal dumping is not a consideration under Clause 67 of the LPS6 and is a matter to be investigated separately.

12.  Noted.

13.  The property consists of a main residence on the ground floor and an approved ancillary dwelling on the upper floor. It is noted that the property in the past has been used as a Residential Building.

14.  As per LPP 8.27, if the application were approved a condition of the B&B will be for a permanent resident to reside at the property.

15.  A site inspection was undertaken by Manager of Planning & Building Services, Building Surveyor and Planning Officer on 31 August 2017, which revealed the property is compliant with existing approvals granted by the Shire.

That the submission be noted.

 

It is recommended that application be refused for the following reasons:

 

1. Given the site’s existing approval for use as a single dwelling and ancillary dwelling, a Bed and Breakfast land use would represent an intensification of land uses which:

a)   is not compatible with the Residential zoning of the property or the site’s setting;

b)   will impact on the amenity of the locality and the character of the locality; and

c)   would result in additional vehicles parked within the setbacks of the property, inconsistent with the character of residential streetscapes. 

 

 

 

 

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.4      PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

LOCATION/ADDRESS:                             Lot 2 Broome Road, Skuthorpe

APPLICANT:                                              Edge Planning & Property on behalf of Grahame Wilcox

FILE:                                                           BRO-1/LT2

AUTHOR:                                                   Senior Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    29 August 2017

 

SUMMARY:         An application has been received to amend Local Planning Scheme No.6 (LPS6) to change the land-use definition of ‘Transport Depot’ and to add transport depot as an additional use over a portion of Lot 2 Broome Road, Skuthorpe. The proposed additional use is to facilitate the establishment of a truck storage facility on a portion of the lot for storage and refuelling of ‘Direct Haul’ liquid natural gas tankers.

The amendment proposal is not consistent with the land use objectives of the Shire’s Local Planning Strategy or LPS6 for the ‘Rural Small Holdings’ zone.

This report recommends that Council resolve not to initiate the scheme amendment.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 24 July 2008                              Item 9.3.11

OMC 19 February 2009                     Item 9.3.9

 

Site and Surrounds

 

Lot 2 Broome Road (sized 42.05ha) is located approximately 29 kilometres east of the Broome townsite and 4 kilometres west of the Great Northern Highway (refer Attachment 1). Formerly part of reserve land designated for ‘Public Purpose – Water Supply’, in 2005, Amendment No. 21 to Town Planning Scheme No. 4 (TPS4) saw the lot zoned ‘Rural Agriculture’. With the gazettal of Local Planning Scheme No. (LPS6) in 2015, the zoning changed to ‘Rural Small Holdings’.

 

The subject lot (see site plan in Attachment 2) is bound by land comprising a turf farm to the west, uncleared crown land vested with Department of Lands to the east and crown land vested for the purpose of ‘Environment and Aboriginal Cultural and Heritage Corridor’ adjoins the lot to the north. ‘General Agriculture’ land is located adjacent to the lot across Broome Road to the south which is the Roebuck Plains Station.

 

Approximately 21 hectares (50%) of the property is utilised for a rural activity, (i.e. grazing of cattle) and approximately 15 hectares (35%) at the rear of the lot remains as native vegetation. A 6.5 hectare (15%) portion of the lot along the eastern boundary has been cleared for use by Main Roads WA as a temporary laydown and storage facility, however land use approval has not previously been obtained from the Shire for this activity.

 

Previous Approvals issued for the site

 

Development Approval for ‘Temporary Workers Accommodation’ was granted by Council for the site in July 2008. The approval was issued for a period of 10 years, (subject to a 5 year review), however the workers accommodation facility was never constructed and the approval has since lapsed.

 

In considering the 2008 application for workers accommodation, Council resolved to approve the development for the reason that the facility would temporarily address what was then considered to be a critical shortage of available accommodation for workers employed in the hospitality industry in Broome. Support for the application was also based on the development having a limited impact on the rural amenity of the location, not changing the predominant horticultural use of the property, and for the reason that such a facility could not at the time be alternatively provided on more appropriately zoned land in the Broome townsite.

 

A consideration in the determination of the 2008 application of relevance to the assessment of the currently proposed additional use was that Council had in 2007 approved a temporary workers accommodation facility at Lot 1653 Broome Road. The facility was intended to provide housing for workers employed in the construction of the Broome Boulevard shopping centre; a key development project with implications for the local economy. Though inconsistent with the land use objectives of what was then the ‘Rural Living’ zone under the former TPS4, the application was supported for the reason that affordable accommodation for workers could not alternatively be provided in a more appropriately zoned location at the time.

 

An application for ‘Dog Kennels’ at the site was refused by Council in February 2009 and an application for a ‘Small Helicopter Service Facility & Horticulture’ was refused under delegated authority in June 2012.

 

In June 2014 two separate land use applications were determined by the Shire. While an application for ‘Transport Depot & Additional Accommodation’ was refused, development approval was granted for ‘Rural Industry and Workers Accommodation’.

 

The Proposal

 

The amendment application has been submitted to facilitate the landowner’s intention to establish a truck storage facility on approximately 3.3 hectares (7.8%) of the site. The truck storage facility would cater for the operational needs of Direct Haul, which transports LNG via road trains between Karratha, Broome and the Kimberley region. The application estimates that there will be eight truck movements (four-in and four-out), and eight employee daily trips entering and exiting the site. Activities to be undertaken on-site would consist of servicing and refuelling vehicles, and coupling and de-coupling tankers.

 

As a transport depot is currently an ‘X’ use in the Rural Small Holdings zone, the activity is not permitted in accordance with LPS6.  Therefore, the scheme amendment application as detailed in Attachment 3, seeks to add the additional use of ‘transport depot’ to a portion of Lot 2 Broome Road. The additional use is not sought over the entire lot, it is only proposed over the intended development footprint.

 

The amendment also seeks to alter LPS6 by deleting the existing definition of ‘transport depot’, which is defined under Schedule 1 as:

 

‘Means any land or buildings used for the garaging or parking of motor vehicles used or intended to be used for carrying of goods or persons, or for the transfer of goods or persons from one motor vehicle to another of such motor vehicle and includes maintenance, management and repair of the vehicles used, but not of other vehicles.’

 

It is proposed that the definition be replaced with the following definition of transport depot as contained in the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations):

 

‘Means premises used primarily for the parking or garaging of 3 or more commercial vehicles including –

 

(a) Any ancillary maintenance or refuelling of those vehicles; and

(b) Any ancillary storage of goods brought to the premises by those vehicles; and

(c) The transfer of goods or persons from one vehicle to another.’

 

The proponent has explained that the revised definition of transport depot will ensure consistency with the current land-use definitions in the Regulations. A discussion of the implications of this change on the Shire’s planning framework follows.

 

COMMENT

 

In determining a request to amend LPS6, the following matters must be considered:

 

Consistency with Local Planning Strategy and Local Planning Scheme No.6

 

Lot 2 Broome Road is located within the Skuthorpe Rural Small Holdings zone, an area designated for horticultural and agricultural land use activity under the Local Planning Strategy (Strategy). Further to the direction of the Strategy, LPS6 sets out the purpose of land use and development within the Rural Small Holdings zone as follows:

 

‘The purpose of the Rural Small Holdings zone is to provide for the sustainable use of land for animal husbandry, crops, horticulture and to protect the long-term productive capacity of agricultural land from incompatible land-uses (including subdivision).’

 

In line with the above, the objectives of the Rural Small Holdings zone under 3.11.2 of LPS6 are to:

 

a)         Ensure that land is maintained for productive agriculture/horticulture activities    with associated rural industry activities;

b)         Allow activities which may be associated with a rural small holdings activity;        and

c)         Limit the intensity of subdivision and development to protect the groundwater   supply.

 

Taking into account the above objectives for the zone; the use of the property by road-trains for parking, refuelling and storage of tanker trailers does not represent a rural land use activity or industry associated with rural industry. It can reasonably be anticipated that the activity will generate adverse impacts upon the rural amenity and character of the locality through generation of vehicle noise, traffic and dust. Essentially, the transport depot use would be more suitably located in either the light and service industry zone or industry zone. The initiation of an amendment to allow for such an additional use would not be in keeping with the objectives for the zone under LPS6, which as set out above, call for the need to ‘ensure that land is maintained for productive agriculture/horticulture activities with associated rural industry activities.’ Essentially, the proposed transport depot land use is not a land use activity that complements the strategic direction or objectives for the Rural Small Holdings zone under the Shire’s planning framework.

 

While it is recognised that development approval was previously granted to the property in 2008 for a land use that was inconsistent with the Shire’s planning framework, it should be noted that this approval was granted on a temporary basis and for the reason that there was a strategic need for the development at the time with no suitable alternative location being available.

 

In contrast, the current application to amend LSP6 would ascribe a permanent, ongoing, land use permissibility to the lot for a land use that is not consistent with the objectives of the Shire’s planning framework.  There is not a current strategic need for a transport depot in the subject location to warrant the granting of an additional use, and significantly, there is currently an abundance of appropriately zoned land available within the Shire to cater for such a facility. 

 

Furthermore, in considering implications for future development on-site in the event that the Scheme was amended, future development applications would have to be considered against Clause 67 of the Deemed Provisions, Matters to be Considered. The suitability of a future development application with reference to Clause 67 shows that a transport depot use would be:

 

a)      Contrary to the aims and provisions of the Scheme - for the reason that a   transport depot is not a form of agricultural/horticultural activity;

b)      Inconsistent with the requirements of orderly and proper planning - as the   provisions of LPS6 and the Strategy require land use and development     within the Rural Small Holdings zone to be for agricultural or horticultural      purposes;

m)     Incompatible with its setting including the relationship of the development to     development on adjoining land or on other land in the locality including, but      not limited to, the likely effect of the height, bulk, scale, orientation and       appearance of the development – on the basis that the depot additional use     will facilitate additional shed floor-space and built-form development that will not be related or incidental to agriculture, horticulture or rural industry. The depot use would allow for development of refuelling facilities on a scale that is       inconsistent with the scale of such facilities that currently exist on rural small   holdings zoned properties; and

(n)     Incompatible with the amenity of the locality including the following:

                   (i)      environmental impacts of the development;

(ii)      the character of the development - for the reason that a transport depot will likely cause adverse impacts on amenity through generation of noise, dust and traffic. Additionally, and with consideration for potential amenity and environmental impacts, it is noted that a transport depot facility would need to satisfy separation distances applicable under relevant legislation.

 

The Environmental Protection Authority’s ‘Guidance Statement No.3, Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses’ (2005) sets out minimum buffer distances (of 200m) to be achieved between a transport depot within proximity to sensitive land uses such as a dwelling, with consideration for potential gaseous, dust and noise emissions. While there may not be sensitive land uses within proximity of the site currently, this is expected to change given the objectives and permissibility’s for the zoning of adjoining land. Industrial in nature, a transport depot involving fuel storage facilities would therefore be more appropriately located in an industrial area, where separation distances between sensitive land uses can be controlled and potential offsite impacts are not a consideration.

 

Further to the above, the State Rural Planning Guidelines (2016) (Guidelines), provide guidance for assessment of scheme amendment proposals relating to rural land including Rural Small Holding zoned land. Under the Guidelines, consideration should be given to the type and scale of land use to be permitted, with Part 4.5 setting out that ‘there should be genuine demand for potential land uses’ before land is allocated through a scheme amendment. The Guidelines state that assessment of amendment proposals should be guided by existing land supply to prevent development and land use that is ad-hoc. As discussed above, there is currently an abundance of industrial zoned land within the Shire (and within proximity to the subject site at the Broome Road Industrial Estate) available for development of a transport depot. Current land use demand does not support the need for a transport depot on the site and to allow for such an additional use would be both ad-hoc and contrary to the strategic land use direction of the Shire’s planning framework.

 

Overall, given that there is adequate industrial land to cater for the proposed development in a more suitable and appropriately zoned location, and as the proposed land use is inconsistent with the objectives of the Rural Small Holdings zone; the proposed amendment is deemed inconsistent with the principles of orderly and proper planning and therefore it is recommended that the amendment is not initiated.

 

Proposed Revised Land-Use Definition and Additional Use

 

The proponent has requested that an amended land use definition of ‘transport depot’ should be included in LPS6, explaining that revising the definition will ensure consistency with the Regulations. While the current definition allows for garaging, parking, maintenance and repair of vehicles, (and transfer of goods or persons between such vehicles); the definition of transport depot under the Regulations makes distinct provision for ‘storage’ of goods. Such a use is something that is currently accounted for in LPS6 under the separate use class of ‘storage facility / depot / laydown area’.  A ‘storage facility / depot / laydown area’ is not a permitted use in the rural small holdings zone and is a permitted use within the ‘Industry’ and ‘Light & Service Industry’ zones.

 

Essentially, the revised land use definition as proposed seeks to make provision for a land use activity that is both contrary to the objectives for the Rural Small Holdings zone and encouraged under LPS6 as a permitted use within Industry zoned land. On this basis, the proposed revised land use definition of transport depot is not supported.

 

Classification of the Scheme Amendment under the Planning and Development Regulations

 

The Regulations require the Shire to classify Scheme Amendments as one of three ‘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 proposal. 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 Strategy;

·        Whether the amendment is consistent with the objectives identified in LPS6 for the relevant zone or reserve;

·        Whether the amendment will have a significant impact on other land in the scheme area or significant environmental, social, economic or governance impacts.

 

Each of these criteria is addressed below.

 

·    The amendment is not consistent with the objectives for the Rural Small Holdings zone in the Strategy, under which land should be used for agricultural or horticultural purposes;

·    The amendment is not consistent with the objectives applicable to the zone under LPS6 which requires land use and development to be for agricultural or horticultural purposes and incidental rural industry;

·    The amendment as proposed can reasonably be anticipated to have an impact on the locality and land within proximity with consideration for adverse amenity and character impacts.

·    In relation to potential environmental impacts, the applicant has not detailed how fuel storage associated with the depot use would be implemented to mitigate risk of fuel spill. Though the application has stated that fuel tanker movements will be managed to ensure that noise, dust and traffic impacts are minimal, the application (see Attachment 3) has not included a noise, traffic or environmental impact assessment report demonstrating how such impacts will be contained to the site.

 

Following from the above points, should Council resolve to initiate the amendment it will need to be advertised as a complex amendment.  This would require the application to be advertised in a local newspaper for a minimum of 42 days inviting public comment on the basis that the proposal is not consistent with the Shire’s planning framework and is anticipated to impact adversely on the amenity and character of the locality and adjoining properties.

 

Conclusion - Suitability of Proposal

 

Pursuant to Section 75 of the Planning and Development Act 2005, the Regulations provide Council with the discretion to initiate or to not proceed with a scheme amendment giving consideration to orderly and proper planning. The amendment application is seen to be inconsistent with the strategic direction and land use objectives for the Rural Small Holdings zone under the Shire’s planning framework. Accordingly, it is recommended that Council resolve not to proceed with the amendment.

 

CONSULTATION

 

Should an application to amend a local planning scheme be supported by a local government and the amendment is initiated for the purposes of public consultation, the Regulations set out the requirements by which consultation is to be undertaken. However, as the current application is recommended for refusal, consultation is not required. 

 

STATUTORY ENVIRONMENT

 

Planning & Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Local Planning Strategy (2014)

 

Local Planning Scheme No.6 (2015)

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The Planning and Development Act 2005 allows for an applicant to request the Western Australian Planning Commission review the refusal of an application to amend a local planning scheme. However, the recommendation in this report has been made with reference to relevant planning considerations and the matters to be considered under the Regulations.  Accordingly, the risk of such a review or appeal being successful is considered low.

 

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:

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

 

REPORT RECOMMENDATION:

That Council resolves not to proceed with the amendment submitted for Lot 2 Broome Road for an additional use as a transport depot, for the following reasons:

1.         The amendment is inconsistent with the Local Planning Strategy;

2.         The proposed additional use is inconsistent with the purpose and objectives for the Rural Small Holdings zone; and

3.              The Shire’s planning framework already provides for and has zoned land for the proposed additional use.

 

COUNCIL RESOLUTION

Moved: Cr D Male                                                    Seconded: Cr M Fairborn

That Council:

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

a.        Deleting the definition of ‘transport depot’ in Schedule 1 – Dictionary of defined works and expressions and adding the development of ‘transport depot’ from the Model provision for local planning scheme from the Planning and Development (Local Planning Schemes) Regulations 2015.

b.        Including Lot 2 Broome Road, Skuthorpe on Deposited Plan 49128 as Additional Use No. 27 in Schedule 2 as follows:

No.

Description of Land

Additional Use

Conditions

A27

Lot 2 Broome Road, Skuthorpe

Transport Depot

1.   The Additional Use is subject to development approval as a ‘D’ use in accordance with Clause 4.17.2 (b) of the Scheme.

2.   The Council may impose conditions on the development approval including those relating to revegetation and length of approval.

3.   The predominant use of the site of the be for agricultural purposes.

c.        Amend the Scheme Map by delineating portion of Lot 2 Broome Road with the red dashed line, which depicts the ‘Additional Use’ notation of the Scheme Map Legend and allocating the symbol ‘A27’ over a portion of Lot 2 Broome Road, Skuthorpe.

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

·         Under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 a complex amendment is defined as including ‘an amendment that is not consistent with a local planning strategy for the scheme that has been endorsed by the Commission.’

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

4.         Upon receipt of advice from the Environmental Protection Authority reference in point 3 above, pursuant to Section 37(1)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to proceed to advertise Amendment No. 8 to Local Planning Scheme No. 6 as set out in Attachment 3; 

5.         Requests the Chief Executive Officer to forward this resolution and two copies of the Attachment 8 to the Western Australian Planning Commission; and

6.         Subject to the advice of the Western Australian Planning Commission that the amendment is suitable for advertising, requests the Chief Executive Officer to advertise the amendment for 60 days as per the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED 4/1

 

Reasons:

-        Direct Haul’s current lease is coming up for renewal and the requirement to hold a fuel tank is not an option for current lease

-        It’s a unique industry that can’t just be located anywhere due to the venting of the gas tanks and the proximity to other industries

-        Currently there are no blocks for lease in the new industrial estate that could accommodate the area and space required.

-        If not successful in securing a lease in Broome that can accommodate the company, they will move their operations to Port Hedland which would leave Broome employees without a job and the 8 houses leased through the company vacant.

 

Attachments

1.

Location Plan

2.

Site Plan

3.

Scheme Amendment Report

  


Item 9.2.4 - PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

 

 

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Item 9.2.4 - PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

 

 

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Item 9.2.4 - PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

 

 

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MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.5      SUBMISSION FOR REASSESSMENT OF PLACE 30274 (LSC11) BROOME

LOCATION/ADDRESS:                             Broome

APPLICANT:                                              Nil

FILE:                                                           ACT02, PLA97

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 September 2017

 

SUMMARY:         Following a decision in the Supreme Court in 2015, the Aboriginal Cultural Material Committee (ACMC) was required to undertake a review of 35 sites previously recognised as not meeting the requirements of section 5 of the Aboriginal Heritage Act 1972 (AH Act)

On 2 November 2016, the Shire received notification from the Department of Aboriginal Affairs (DAA) that the ACMC would be reviewing Place 30274 (LSC11) and two other Places on the Dampier Peninsula, to include on the Register of Places and Objects (Register) under the AH Act.  On 30 November 2016, the Shire lodged a submission with the Department of Aboriginal Affairs for the ACMC’s consideration.

The DAA subsequently delayed the reassessment to allow more time to work with the Aboriginal community and other key stakeholders, including Yawuru and Goolarabooloo people.  The Shire has now received advice that the ACMC will undertake its reassessment of LSC11 at its meeting on 14 November 2017, and that submissions can be made in relation to this matter by 2 October 2017.

This report recommends that Council supports the Shire lodging a submission for the ACMC’s consideration in its reassessment of LSC11 on 14 November 2017.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 24 November 2016             Item 12.1 (Confidential)

 

Following a decision in the Supreme Court in 2015, the Aboriginal Cultural Material Committee (ACMC) was required to undertake a review of 35 sites previously recognised as not meeting the requirements of section 5 of the Aboriginal Heritage Act 1972 (AH Act)

 

On 2 November 2016, the Shire received notification from the Department of Aboriginal Affairs (DAA) that the ACMC would be reviewing Place 30274 (LSC11) and two other Places on the Dampier Peninsula, to include on the Register of Places and Objects (Register) under the AH Act.

 

LSC11 covers an area of approximately 1,000km2 within the Shire of Broome, and includes the entire townsite of Broome, extending approximately 72km to the north of Broome to incorporate Coconut Wells, James Prices Point and concludes just north of Coulomb Point.

The Shire sought legal and anthropological advice to draft a submission of the Shire’s behalf as inclusion of LSC11 on the Register would have significant and serious implications for Broome. 

 

At the 24 November 2016 Ordinary Meeting of Council, Council resolved the following:

 

1.       Request the Chief Executive Officer to make a submission to the Aboriginal Cultural Material Committee (ACMC) on the reassessment of Aboriginal Place DAA 30274 (LSC11) addressing the following key points:

(a)     In the Shire’s view, DAA 30274 (LSC11) does not meet the necessary criteria under the Aboriginal Heritage Act 1972 (WA) (AH Act) and is therefore not an Aboriginal site that requires protection under the AH Act.

(b)     The Shire urges the ACMC to:

(i)      properly consider all the information provided to it by the Department of Aboriginal Affairs (DAA) (not simply the Place Summary prepared by the DAA); and

(ii)     determine that DAA 30274 (LSC11) is not an Aboriginal Site.

(c)     In the Shire’s view, DAA 30274 (LSC11) is incapable of being a sacred site of importance and special significance, for the following reasons:

(i)      The large areas of land in between the already identified 52 registered sites within the Ullallong song cycle (DAA 30274 (LSC11)) cannot, by operation of section 5(b) of the AH Act and under Aboriginal custom and tradition, be of equal importance and special significance to Aboriginal people.

(ii)     The proposed registration of this site over the town of Broome is incompatible with both traditional and contemporary Aboriginal beliefs and cultural practises concerning sacred sites.

(ii)     There is no clear or logical explanation provided as to why the proposed boundary of DAA 30274 (LSC11) has been selected ahead of several other potential boundaries identified in reports.

(d)     The DAA does not appear to have presented any new information since this place was last assessed by the ACMC on 21 November 2012 to justify a change in status of DAA 30274 (LSC11).

(e)     The Shire believes that procedural fairness has not been afforded to all interested parties for the following reasons:

(i)      the Public Notice did not refer to DAA 30274 (LSC11) by reference to its geographical location in the Shire of Broome;

(ii)     not all affected parties have been given an opportunity to be heard to ensure that the ACMC has before it all relevant information to enable it to make a properly informed decision;

(iii)     the insufficient time given to the Shire and affected parties to consider material provided by the DAA and to make a submission; and

(iv)    the DAA’s decision to notify only a select number of affected parties in Broome, rather than all interested parties, including landowners,

and that the consideration of DAA 30274 (LSC11) by the ACMC at the 14 December 2016 meeting should be deferred.

(f)      The Shire has expressed concerns that the ACMC proposes to undertake an assessment of DAA 30274 (LSC11) in absence of an anthropological expert despite the large volume of anthropological material provided to the ACMC for review as part of the reassessment process.

(g)     The Shire has queried whether the DAA has provided the Shire with all of the source material held by the DAA on file regarding DAA 30274 (LSC11), including all restricted information.

(h)     Until such time as the DAA confirms that it has provided the Shire with all relevant information, including all of the source material held by the DAA on file regarding DAA 30274 (LSC11), it follows that the Shire’s submission is preliminary only. Once such confirmation has been received from the DAA, or all outstanding information provided, the Shire will reconsider its position and determine whether a further submission is required. This includes consideration of whether the ACMC lacks power to reassess DAA 30274 (LSC11) in the absence of any new information since the ACMC last assessed this site in November 2012.

2.       Endorses the draft submission in Attachment No 3.

3.       Authorises the Chief Executive Officer to make minor amendments to the draft submission in Attachment No 3 if required, including in response to additional information received prior to 30 November 2016.

 

On 30 November 2016, the Shire’s submission was lodged with the DAA (a copy of the final submission is provided in Attachment 1).

 

The DAA ultimately delayed the reassessment to allow more time to work with the Aboriginal community and other key stakeholders, including Yawuru and Goolarabooloo people.  In 2017 the then DAA (now Department of Planning, Lands and Heritage (DPLH)) commissioned Anthropologist, Dr Brendan Corrigan to review the heritage surveys and information held by the DAA on the Place LSC11, and to meet with traditional owners to discuss LSC11 and its importance and significance to Aboriginal people.

 

Based on consultation with Yawuru, Bardi and Jawi, Goolarabooloo and Jabirr Jabirr people, Dr Corrigan formed the conclusion that the site registration should not proceed.

 

COMMENT

 

While the DAA officers originally were recommending to the ACMC that the place become a registered site, since the close of the public comment period mentioned above, further consultation has occurred with traditional owners and an anthologist has been engaged. An updated Place Summary has been prepared which is provided in Attachment 2. The Place Summary concludes that following the consultation and a review of the anthropological report, it is recommended that the site does not become a registered Aboriginal site under the AH Act. An overview of the Place Summary is set out below.

 

Place Summary for ID 30274 (LSC11)

 

In 2017, as part of the reassessment process, the then DAA commissioned Anthropologist, Dr Brendan Corrigan to review the heritage surveys and information held by the DAA on the Place LSC11 and to meet with traditional owners to discuss LSC11 and its importance and significance to Aboriginal people.

 

The Place Summary report for LSC11 was prepared applying the principals set out in the Supreme Court decision (Robinson v Fielding [2015] WASC 108).  The section 5 guidelines endorsed by the ACMC are no longer considered relevant to the ACMC’s assessment of Aboriginal sites under the AH Act.

 

Dr Corrigan identifies native title interests in the area of the Place by reference to the Yawuru determination (WAD6006/1998) (Rubibi Community v State of Western Australia) and the evidence heard by the Federal Court in relation to the native title claims within the proposed boundaries of the Place, being the combined claims of the Jabirr people No. 3 (WAD357/2013), the Goolarabooloo people (WAD374/2013) and the Bindunbur people (WAD359/2013).

 

Corrigan (April 2017) also refers to the role of neighbouring senior Bardi men (Bardi Jawi determination (WAD49/1998)), who are specifically referred to in previous Aboriginal heritage survey reports, recounting the ceremonial practices and values of the area of LSC11.

 

On this basis, consultation was undertaken by Dr Corrigan between 30 May 2017 and 2 June 2017 with the relevant Aboriginal groups.

 

At a meeting on the 2 June 2017, the Yawuru, Bardi and Jabirr Jabirr Law Bosses provided a statement titled the “Record of the consensus decisions of a meeting of Bardi Yawuru and Jabirr Jabirr Law bosses and Law men”.  This statement confirmed that the groups do not support listing the Place as a sacred site under the AH Act.

 

Yawuru Native Title Holders Aboriginal Corporation RNTBC provided the Registrar of Aboriginal Sites with a submission dated 30 June 2017 in support of the decisions made by the Yawuru, Bardi and Jabirr Jabirr Law Bosses regarding the reassessment of the Place, and as provided in their statement.  The submission refers to the Yawuru native title determination (Rubibi WAD6006/1998) and subsequent obligations of the Yawuru people to care for, maintain and protect the land and waters of their country in accordance with customary law.  The submission states that only the Yawuru have a common law right to protect places of significance within the Yawuru determination area which includes the protection of Aboriginal sites and places of significance.  The submission further attests that the members of the Goolaraboolooo have no enforceable right to speak for Yawuru land or places of significance.

 

Based on consultation with Yawuru, Bardi and Jawi, Goolarabooloo and Jabirr Jabirr people, Corrigan formed the conclusion on the basis that the overwhelming preponderance of senior Aboriginal men with traditional authority, responsibilities and obligations to protect and maintain the ceremony and landscape in question have instructed that the site registration not proceed.

 

Reassessment – 14 November 2017

 

On 6 September 2017, the Shire received correspondence from the DPLH advising the ACMC’s reassessment of LSC11 as to whether of not Place 30274 (LSC11) meets the requirements of an Aboriginal site under section 5 of the AH Act is scheduled for 14 November 2017.

 

The Shire has the opportunity to make written submissions for AMCM’s consideration in its assessment of LSC11, and submissions must be provided in writing by 2 October 2017.

 

It is recommended that the Council lodge a submission that it supports the updated Place Summary and that the application to register the Place as a sacred site should not proceed.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Aboriginal Heritage Act 1972

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

If LCS11 is included on the Register, it will have financial implications for the broader Shire of Broome.  The Shire would be required to seek section 18 consents for ground disturbing activities, which would consume significant staff resources and could also lead to delays in the delivery of projects.

 

To date, approximately $18,000 have been spent on the preparation of the previous submission (November 2016).  In the event the ACMC recommends that LCS11 be included on the Register, it is likely to lead to further consultant costs in the event the Shire were to seek a review of the decision.

 

RISK

 

Registration of LCS11 could present the following risks:

 

·     Reputational impact – Broome would be the first townsite which is covered in its entirety by a mythological site. This could lead to increases in the costs of ‘doing business’ in Broome and would greatly affect development confidence.

·     With such an expansive area forming part of the Place, the ability of the DPLH and ACMC to consider and respond to the large number of section 18 consents would add delays to the development process.

·     There would be no guidance afforded to landowners wanting to make a section 18 consent as the information is culturally sensitive and the actual locations or mythological areas are not easily identifiable. Also, areas of significance are not mapped or represented spatially. Therefore landowners do not have guidance as to whether a development or activity is acceptable, making development in the Broome townsite uncertain.

·     The lack of certainty as to what activities could be deemed as damaging a ‘site’ under the AH Act particularly as the sites significance is mythological. Concern is raised that there is no clear interpretation of what could constitute damage to a mythological site, and whether this could extend to vehicle and public access to particular areas, licenced activities and so on.

Should the ACMC decide to recommend that LCS11 be included on the Register, the Shire will need to consider legally challenging the decision of the ACMC.  This would give rise to legal costs, potentially significant, being incurred by the Shire

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr H Tracey

That Council requests that the Chief Executive Officer make a submission to the Aboriginal Cultural Material Committee on the reassessment of Aboriginal Place DAA 30274 (LSC11) as shown in Attachment 3.

CARRIED UNANIMOUSLY 5/0

 

Attachments

1.

Shire of Broome submission dated 30 November 2016 (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)

2.

2017 Place Summary (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

3.

Draft Shire of Broome submission

  


Item 9.2.5 - SUBMISSION FOR REASSESSMENT OF PLACE 30274 (LSC11) BROOME

 

 

 

 

 

 

 

 

Your Ref:       PLH0207-2017A/01

Our Ref:        PLA97

 

 

29 September 2017

 

 

Department of Planning, Lands and Heritage

PO Box 3153

EAST PERTH  WA  6892

 

 

Attention: Tanya Buttler

 

Dear Tanya

 

RE:     ABORIGINAL CULTURAL MATERIAL COMMITTEE’S REASSMENT OF DAA 30274 (LCS11)

 

Thank you for your letter dated 8 September 2017 in relation to the upcoming review by the Aboriginal Cultural Material Committee (ACMC) of DAA 30274 (LSC11).

 

The Shire of Broome notes the updated Place Summary.  The Shire supports the Department of Planning, Lands and Heritage recommendation that the place is not a place to which section 5 of the Aboriginal Heritage Act 1972 applies and that the registration of the place should not proceed.

 

The Shire of Broome would like to reaffirm its previous submission made on the registration of the place, which was provided on 30 November 2016 (see enclosed).

 

The Shire would appreciate notification of the outcome following the ACMC meeting.

 

Should you have any queries or would like to discuss this matter further, please contact the undersigned by telephone on 9191 3456.

 

Yours faithfully

 

 

 

Sam Mastrolembo

Chief Executive Officer

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.6      REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           PLA22

AUTHOR:                                                   Manager Planning & Building Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 September 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 25 May 2017, a review of all Local Planning Policies was finalised which resulted in a number of minor amendments to Local Planning Policies being adopted. At this meeting, it was identified that changes were required to Local Planning Policy 8.28 – Tourist Developments (other than Caravan Parks) in the Tourist Zone which were beyond minor changes. Therefore, the proposed amendments were adopted for the purposes of seeking public comment.

The updated Policy, now titled Local Planning Policy 8.28 – Strata Titling of Tourist Developments in the Tourist Zone, was advertised for public comment.

No submissions were received and it is recommended that Council resolve to adopt Local Planning Policy 8.28 – Strata Titling of Tourist Developments in the Tourist Zone.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                     Item 9.2.2

OMC 30 July 2015                              Item 9.2.3

OMC 17 December 2015                 Item 9.4.3

OMC 28 July 2016                              Item 9.2.6

OMC 25 August 2016                        Item 9.2.5

OMC 29 September 2016                 Item 9.1.3

OMC 15 December 2016                 Item 9.2.2

OMC 30 March 2017                         Item 9.2.6

 

COMMENT

 

The proposed amendments to Local Planning Policy 8.28 - Tourist Developments (other than Caravan Parks) in the Tourist Zone (LPP) were considered by Council at the Ordinary Meeting on the 25 May 2017. The amendments to the LPP are summarised below:

 

·    Deletion of provisions which are now incorporated as development controls in the Cable Beach Development Strategy or clauses in Local Planning Scheme No. 6 (LPS6).

·    As the LPP now provides guidance on Strata Titling of developments in the Tourist Zone, it is recommended that the Policy title is updated to reflect this.

·    An additional clause 1.10 is included into the LPP setting out that where a tourist development is recommended for approval, certain conditions are likely to be incorporated to ensure that the tourist development is operated and continues to run as a resort. While the LPP requires the preparation of a legal agreement, of which the strata company by-laws form an annexure, it has been found that once the legal agreement has been entered into it may not be adequate in protecting the Shire’s interests and objectives (which is to ensure that the development operates as a resort). The inclusion of conditions of development approval addressing the management arrangements for the tourist development will mean that the Shire has potential recourse (through breach of condition of development approval under the Planning and Development Act 2005) if future strata owners do not meet with the obligations under the legal agreement.

 

A copy of the LPP showing the changes as tracked changes is provided in Attachment 1 and a tracked changes accepted version is provided in Attachment 2

 

Subsequent to Council’s consideration of the amendments to the LPP, the LPP was advertised for public comment with no submissions received. As such, it is recommended that Council adopt Local Planning Policy 8.28 – Strata Titling of Tourist Developments in the Tourist zone.

 

CONSULTATION

 

LPP 8.23 – Public Consultation Planning Matters sets out that Local Planning Policy Development/Review should undergo Level D consultation. The proposed amendments to the LPP were advertised for a period of 28 days, commencing on 15 June 2017 when a notice appeared in the Broome Advertiser and concluded on 13 July 2017. Copies of the LPP was also made available for inspection at the Shire Administration and the Shire’s website. At the conclusion of the public comment period, no submissions were received.

 

STATUTORY ENVIRONMENT

 

Local Planning Policies

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Schedule 2 – Deemed provisions for local planning Schemes

3.       Local planning policies

(1)     The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)     A local planning policy —

(a)     may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b)     may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3)     A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4)     The local government may amend or repeal a local planning policy.

(5)     In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

 

4.       Procedure for making local planning policy

 

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

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

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

(ii)     the objectives of the proposed policy; and

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

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

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

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

 

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

 

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

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

(b)       resolve to —

(i)        proceed with the policy without modification; or

(ii)        proceed with the policy with modification; or

(iii)       not to proceed with the policy.

 

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

 

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

 

(6)     The local government —

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

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

 

5.       Procedure for amending local planning policy

 

(1)     Clause 4, with any necessary changes, applies to the amendment to a local planning policy.

 

(2)     Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Reviews of policies are important to ensure that provisions contained therein are adequate and reflective of legislative changes. There is a potential risk that if the policy review is not completed, the planning framework will not be consistent with Council’s strategic direction.

 

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

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr D Male

That Council, pursuant to Clause 3(4) and Clause 4(3) of Schedule 2 (Deemed Provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, amend Local Planning Policy 8.28 - Strata Titling of Tourist Developments in the Tourist Zone as shown in Attachment 2.

CARRIED UNANIMOUSLY 5/0

 

Attachments

1.

LPP 8.28 - Strata Titling of Tourist Developments in the Tourist Zone - tracked changes shown

2.

LPP 8.28 - Strata Titling of Tourist Developments in the Tourist Zone - tracked changes accepted

  


Item 9.2.6 - REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

 

 

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Item 9.2.6 - REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

 

 

LOCAL PLANNING POLICY                                      8.28

 

TITLE:

STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

ADOPTED:

OCM 17 December 1996 – Page 42

REVIEWED:

OCM 20 March 2001 – Pages 54 - 55

OCM 4 February 2003 – Pages 48 - 51

OCM 13 April 2004 – Pages 19 – 24

OMC 30 July 2015 – Pages 28 – 40

OMC 17 December 2015 – Pages 110-121

ASSOCIATED LEGISLATION:

Planning & Development Act 2005

Local Planning Scheme No 6 (LPS6)

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Director Development Services

DELEGATION:

Delegations are exercised in accordance with delegation granted in terms of Section 5.42 of the Local Government Act 1995 as amended or other statutes as applicable to specified officers.

APPLICATION:

This policy applies to all development within the Tourist zone within LPS6.

Previous Policy Number 4.1.10

 

Background:

 

Clause 3.14.2 of LPS6 lists the objectives for development in the ‘Tourist’ zone which includes the following:

 

          ensure that short term tourist and holiday accommodation are the     predominant land uses in this zone;

 

Clause 3.42.1 establishes the site and development requirements within the Tourist zone. At the Ordinary Meeting of Council on the 28 July 2016, the Cable Beach Development Strategy 2016 was adopted. The Strategy also contains development controls for Tourist Developments in the Cable Beach precinct.

 

This Policy has been prepared to guide the Strata Titling of tourist developments in the Tourist Zone.

 

Objective:

 

1.         To guide the strata titling of Tourist Developments in the Tourist zone.

 

2.         Ensure that the Tourist Developments which are strata titled are managed and maintained to provide a positive tourist experience.

 

3.         Ensure that when Tourist Developments are strata titled the purpose and objectives of the Tourist zone in LPS6 are maintained. 

 

Policy:

 

Any tourist development which seeks approval for a strata subdivision within a Tourist zone shall comply with the objectives and provisions of this policy.

 

1.1        No stand-alone residential development/subdivision and/or strata titling shall be approved.  

 

1.2        Each tourist development unit shall contain at least a bedroom and bathroom.  If laundry and clothes drying areas are not provided for each unit / apartment, laundry facilities shall be provided in a common area of the development.

 

1.3        Car parking for long stay/permanent residential accommodation units and the tourist orientated commercial developments shall be located as close as possible to that particular use and shall be clearly delineated at all times.

 

1.4        The development shall include a caretaker/managers residence or reception area being situated in a location, which facilitates suitable management of the resort. 

 

1.5       The Strata Titling of a Tourist Development may only be supported where: 

 

(a)     the development standards, site and development requirements of the Local Planning Scheme and Cable Beach Development Strategy have been satisfied;

(b)     the condition(s) of development approval have been complied with; and

(c)     The visitor amenities/tourist facilities for the tourist development, or stage thereof, as shown on the approved plans are completed including leisure facilities (such as common swimming pool, gymnasium and tennis courts), reception facilities and caretakers accommodation

 

1.6       The creation of vacant survey strata lots will not be supported. 

 

1.7       The planting of landscaping and the installation of reticulation shall be carried out in accordance with an approved landscaping plan prior to the approval of a Strata Plan.

 

1.8       Management Requirements

 

The applicant/developer shall enter into a formal legal agreement with the Shire (at no cost to the Shire) prior to the issue of Strata Title approval undertaking to:

 

(a)     Establish and operate a management system which ensures the development is run as a resort.

 

(b)     The management system to be an annexure to the formal agreement with the Shire and be approved by the Shire and the Australian Securities and Investment Commission (ASIC) if appropriate.

 

(c)     The management system will incorporate the provision of those features and facilities which identify the development as a resort, eg. common or uniform furnishings to all units and a common maintenance, gardening and cleaning service.

 

(d)     The management system will be achieved via a management agreement and the body corporate by-laws established between the developer and purchasers of the units and to embody the following specific provisions:

 

·     A requirement by way of a deed of agreement that the purchasers of units shall allow their units to be rented out, by the resort manager and/or their agents, to the general tourist sector

 

·     The deed of agreement to be an annexure to the formal agreement with the Shire.

 

·     The purchasers of the units shall receive a financial return from the rental of their units less outgoings for matters such as booking fees, managers fees, laundry service, electricity charges, cleaning service, body corporate fees, maintenance and replacement of furniture, refurbishment reserve etc. These financial matters would be resolved and agreed upon between the developer and the purchasers.

 

(e)     Agree to amend and expand the Strata Title Company By-laws as set out in Schedule 1 of the Strata Titles Act 1985 to incorporate any requirements determined necessary by the Shire.

 

(f)      Agree to carry out the development in accordance with approved plans, specifications and all conditions of approval in all respects to the satisfaction of the Shire.

 

(g)     Agree to develop facilities, managers accommodation and amenity buildings as part of the first stage of any staged development. The number of units to be built in the first stage to be determined by the Shire. Upon completion of a first stage to the Shire’s satisfaction, a Strata Plan may be registered. The Shire shall, however, require the lodgement of a Caveat on all vacant Strata Lots, which will not be removed until each unit and associated services has been developed.

 

(h)     Agree to ensure that before any person becomes the registered proprietor of any Strata Lot, that:

 

·     The By-laws (referred to in point (d)) as endorsed by the Shire have been adopted by the Body Corporate.

 

·     Such unanimous and other resolutions as may be required under the Strata Titles Act 1985 have been adopted by the Strata Company so that the whole of the development may be completed and the developer is able to comply with the provisions of the legal agreement with the Shire.

 

·     The Strata Lot is fully serviced and fit for occupation to the satisfaction of the Shire.

 

·     The applicant/developer shall agree not to transfer, mortgage, charge, assign or encumber the land or any Strata Lot without the written consent of Council and without first having obtained from the person securing an interest in the land their agreement to abide by the provisions of the agreement with Council.

 

1.9       The legal agreement between developer and the Shire, must contain the         following:

 

(a)    Management system to be put in place (annexure to agreement).

 

(b)    Strata Company By-laws to be put in place (annexure to agreement).

 

(c)    Agreement to carry out development in accordance with approvals.

 

(d)    Agreement to provide amenities as part of Stage One.

 

1.10     If a Tourist Development is recommended for approval, conditions of development approval are likely to be incorporated addressing the following:

 

(a)     A manager must be appointed to oversee the operation of the development;

(b)     All units, unless approved as permanent residential accommodation, must be used for short-term accommodation only and units must be made available for rent through a common rental pool, controlled by the manager.

(c)     All units, unless approved as permanent residential accommodation, must be fitted out to a consistent standards and be maintained by the manager.

(d)     All common landscaping areas and common facilities are to be maintained by the manager.

SHIRE OF BROOME LOCAL PLANNING SCHEME No. 6 (LPS6) – LOCAL PLANNING POLICIES

This Policy is a Local Planning Policy adopted under the provisions of Clause 2.4 of LPS6. LPS6 is administered by the Shire of Broome as the responsible authority under the Scheme. LPS6 was gazetted and came into operation on the 30 January 2015.

Planning policies adopted under LPS6 may be amended or rescinded after the procedures set out in Clause 2.4 and 2.5 have been completed.

 

 


MinutesOrdinary Meeting of Council 28 September 2017                                                                               Page 1 of 2

 

 

9.2.7      PROPOSED LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S: