Attachments of Ordinary Meeting

Item 9.2.1 - Proposed Amendment No. 3 to Local Planning Scheme No. 6 - Inclusion of an Additional Use on Lot 222 (No. 51) Lullfitz Drive, Billingurr

PROPOSAL TO AMEND A LOCAL PLANNING SCHEME

1. LOCAL AUTHORITY : Shire of Broome

2. DESCRIPTION OF SCHEME : Local Planning Scheme No. 6

3. TYPE OF SCHEME : District Zoning Scheme

4. SERIAL NUMBER OF

AMENDMENT : Amendment No. 3

5. PURPOSE : Apply to Schedule: Additional Uses an additional use classification to lot 222.

SCHEME AMENDMENT REPORT

1. Introduction

1.1 Purpose

The purpose of this Planning Report is to justify the proposed health and well being retreat within the planning scheme context so as to support the Advertising of the proposal in accordance with clause 21, Division 2, of the Planning Regulations 2015.

1.2 Aim

The aims of this Submission to the Shire of Broome is to:

· describe the characteristics of the site, proposed development and context;

· respond to the requirements of the Local Planning Scheme No. 6; and

· demonstrate support for the proposal and illustrate its benefits and merits.

This Planning Report explains the background and supports a proposed Scheme Amendment to enable the future development of Lot 222 (shown on Diagramme DP 58885) number 51, corner of Fairway and Lullfitz Drives, Bilingurr for the purposes of ‘The Mango Retreat’ health and well being yoga retreat facility. The proposed scheme amendment will enable the development of short term, self contained, accommodation, ancillary uses and Caretaker’s Dwelling for the purposes of a high-end yoga, meditation, health and exercise and music programme retreat.

This Submission is on behalf of the Wise Earth Syndicate Pty., owners of the site.

2. Site Description and Context

The subject site is number 51, corner of Lullfitz and Fairway Drives, measures 1.96 hectares and is currently classified Rural Residential Zone under Planning Scheme No. 6. The site is adjacent Special Control Area 7 Landscape Protection Area and falls within a flood prone land Special Control Area 4 (refer to Figure 1).

The site is unique, entirely separate from all other freehold land to the north and south. The Billingurr rural residential area is approximately 750 metres north and further south is the Cable Beach tourism area.

The site is on Pindan Soils, west of the Cable Beach coastal dunes, the confluence of which creates an interface for groundwater recharge significant. The surrounding contours grade from the west to east with stormwater drainage flowing south along the eastern boundary of the site.

With the exception of the eastern margin, the whole site is thickly vegetated with a variety of vegetation species providing a secluded microclimate environment especially suited to the proposed yoga and meditation retreat. Amongst the vegetation is a grove of Mango trees from which the proposed retreat draws its name.

Figure 1: Section of the Scheme Zone Map

2.1 Background

2.1.1 Subject Land and History

The eastern margin of the subject land was previously a road reserve. This road reserve (former Lot 500 on DP 173777) was closed (circa 2008) and amalgamated with the parent parcel Lot 2222 to create Lot 222, the subject of this proposed amendment (refer to Figure 2). As part of the amalgamation, the previous owner was required by the Shire of Broome to augment drainage in the former road reserve and create two detention basins either side of the existing Lullfitz Drive access to the site. The detention basins are noted as Area ‘A’ at Enlargement C on the Title Diagram. Accordingly, the detention basins and stormwater flow path are to remain unobstructed with the flow path being constructed as a driveway on the eastern edge of the site to accommodate possible floodwaters that might occur in the SCA 4.

Figure 2: Title Diagram

Title diagramme.jpg

2.1.2 Tourism Context

Tourism Western Australia undertook an accommodation future needs analysis (2006: 26) and forecast a number of aspects:

· People will generally take more frequent and shorter stay holidays

· Shorter stay holidays will create a demand for higher service levels

· Shorter breaks will command an exponential increase in air travel visitation

· The proximity and interest of Asian neighbours is likely to increase the level of high-yield and low impact visitors.

As a consequence of Australia’s changing demographics, there will be a higher number of singles and couples visiting the region compared to families. Accordingly, the future needs analysis estimates:

· 35% of the total visitor market will be looking for high quality 5 star accommodation

· 30% of visitors will be staying in 4 – 5 star full service accommodation

The intention of the proposed Scheme Amendment is to satisfy this tourism format: a high end, low impact, and short stay visitation with a focus on quiet meditative retreat.

3. Development Description

The proposed Mango Retreat health and well being facility is proposed as a low impact tourism development comprising purpose-built, luxury premises for short-stay guest accommodation. The site, secluded by its natural situation and setting with a backdrop of Bilingurr promotes a site for a high quality retreat for the purposes of yoga, meditation, health and exercise and music programmes. The facilities may be used by tourism organisations for local or cultural tourism purposes. The proposed accommodation units are sited amongst clusters of existing vegetation to take advantage of the secluded ambiance of the environment and to avoid excessive site clearing (refer to Figure 3).

The proposal comprises:

· maintenance of the existing house for purposes of Caretaker’s Dwelling;

· Four individual Villas;

· Five clusters of five Unit accommodation units each with associated common rooms;

· Renovation of existing shed to a communal yoga and performance room;

· on-site leisure facilities including one swimming pool to each of the five cluster of Units; and

· a tennis court.

Each of the proposed building units is to be constructed as a pod elevated from ground level by approximately 1.2 meters so as to assist air flow, mitigate possible flooding and avoid banking of floodwaters. The scullion roof is elevated above the wall structures to improve airflow through each building unit. All buildings are to be single storey. Built form site coverage is estimated at approximately 14 percent.

Figure 3: Site Plan

CD01 Site Plan.jpg

This low impact built form and site coverage reflects the purpose and objectives of the Rural Residential Zone that encourages low impact tourism development. This accords with the land use and development ethos of the proposal:

“ to satisfy a high end, low impact, short stay visitation with a focus on quiet meditative retreat”

Accordingly, this is in keeping with the rural ambience of the locality.

3.1 Villa Units

Four individual Villa units are proposed at the northern part of the site, separated by a landscaped setting. The Villas are designed as two rooms separated by breezeway decking; the bedroom and ensuite also have flow through ventilation. The Villas are provided specifically for couples involved in the yoga, mediation and exercise programmes. There are no cooking facilities to the Villas.

3.2 Unit and Common Room Clusters

The Unit clusters are essentially attached single bedroom units with ensuite, each with a deck. A swimming pool separates the cluster of units from the Common Room that is established as a cooking, dining and internal and external sitting room facility. These clusters are provided for corporate type client groups seeking mediation and exercise programmes.

3.3 Communal Yoga and Performance Room

The existing shed is to be renovated for the purposes of the communal yoga, meditation and performance venue.

3.4 Caretaker’s Dwelling

The existing house is proposed to be renovated to accommodate a long term permanent Caretaker to manage the operation of the site on behalf of the Strata Unit Body.

3.5 Proposed Approach to Operation

It is proposed to work in collaboration with existing major hospitality outlets in the tourism industry in Broome and create an accommodation facility that supplements or provides extra patrons for existing tourist facilities that supply services, food and beverage that are not going to be provided the Mango Retreat management. In this manner the retreat provides a market that is a separate niche and is not an overt competitor to existing hospitality outlets.

3.6 Access and Parking

The main entrance to the site is from Lullfitz Drive that is currently in use. An internal circuitous driveway links the Caretaker’s dwelling and each of the accommodation units and the discrete parking area to each of the unit clusters. The internal driveway on the eastern edge of the site acts as a flow path for possible floodwaters.

A secondary access currently exists to the southern boundary. With the realignment of Fairway Drive, this secondary access will be removed.

It is proposed to provide a minibus service for use by the Mango Retreat patrons for transport to other existing services, facilities and hospitality outlets in Broome. Transport modes are to be controlled with individual car usage discouraged as much as possible. Accordingly parking bay provision is proposed to be of a conservative number. This approach emulates the theme of the Mango Retreat to encourage a relaxing stay with a focus on physical and mental health relaxation and rejuvenation.

3.7 Existing Services

On the eastern margin of the site is a 2.5 metre wide easement for a 32 kilovolt electrical power transmission servicing the rural area. This easement is noted as Area ‘B’ at Enlargement D on the Title Diagram. A 150 millimetre water mains exist to the site as derived from the mains reservoir tank on the opposite side Fairway Drive. A licensed bore reticulates the grounds.

The Hybrid toilet system, with a grey water diversion device, is accepted by the WA Dept of Health. The system comes in a micro-flush and non-flush options, will suit a 1.2m raised villa structure and can have either an effluent disposal area or a zero discharge with final holding tank for disposal. The very low flush water demand means final effluent volumes are low estimated at 1/L/person/day – refer Hybrid information.

A grey water diversion unit for dispersal and or reuse of the grey water would supplement this toilet system. Department of Health require an overflow discharge system for any surplus grey water and this will in turn require that the grey water system be connected to the Hybrid’s disposal area or the holding tank if zero discharge is required. Kitchen grey water from the communal facilities can also be handled this system consequent.

With these arrangements the site can be zero discharge for wastewater management by the use of holding tanks with pump as required.

The tanks are elevated to avoid contamination with stormwater and groundwater. Treated black water from the self contained elevated system is to placed in a holding tank for removal from site to avoid possible groundwater contamination.

4. Corporate Strata Unit Management Structure

4.1 Overall owner of the land, main house and general community facilities:

Wise Earth Syndicate Pty. Ltd. (existing Lot Owner). Common land to be subject to a long-term Head lease and management agreement between Wise Earth Syndicate P/L and the proposed new strata owner/investors and any delegated manager of the facility. The management agreement will ensure the composite and coordinated management of the strata.

4.2 Owner of the Villa and Unit Strata clusters:

Wise Earth Pty. Ltd. as trustee for the Vitality Trust with binding rental agreement for the use of the common land by the strata owners along with management rights delegated by the Land owner, Wise Earth Syndicate Pty. Ltd. to Wise Earth Pty. Ltd.

4.3 Property Managers:

Wise Earth Pty. Ltd. as Trustee for the proposed Vitality Trust along with an Advisory Council appointed by the Vitality Trust Investors. On Site Caretakers, Grounds and Garden Maintenance Management to be undertaken by the Caretaker and supplementary local contractors.

5. Planning Context and Justification

5.1 Local Planning Strategy

The subject site is situated in Bilingurr Rural Living Precinct 13 essentially comprising rural residential development, located east of Lullfitz Drive.  

Of relevance to the proposed scheme amendment are the Local Planning Strategy’s Objectives for Precinct 13:  

a. To provide for a residential /rural living area that allows rural lots for lifestyle purposes, small scale home business and/ or rural pursuits, rural industry, of 1 hectare, subject to the availability of water.  

b.   To ensure that future development proceeds in an environmentally sustainable manner that maintains the rural amenity of the precinct.

The proposed Mango Retreat health and well being facility is proposed as a small scale, low impact tourism development. The design of the buildings comprises high quality sustainable built form construction. The accommodation style provides for purpose-built, short-stay, luxury premises that are self contained and share communal facilities within the retreat. A full time caretaker will continuously manage the site. The site, secluded by its natural situation and setting with a backdrop of Bilingurr, promotes a site for a high quality retreat that maintains the rural amenity of the locality suitable. Accordingly, the site is suitable for the purposes of yoga, meditation, health and exercise and music programmes.

Accordingly, the proposed uses and development are consistent with the objectives of Precinct 13 and rural living pursuits appropriate to the Rural Residential Zone. What is required to enable the proposal is an Additional Use classification.

Section 2.4.7 of the Local Planning Strategy addresses tourism. This section suggests that the Broome tourism market is currently experiencing an increased demand in business tourism with a down turn in leisure tourism. The Strategy recommends that future planning needs to consider and manage current and anticipated tourism demand that is essential to the continued economic growth of the Shire.

The intention of the proposed Scheme Amendment is to satisfy a tourism format of high quality, low impact, and short-stay visitation with a focus on quiet meditative retreat. Accordingly, the proposed land uses in the retreat respond to the demands pursued in the Local Planning Strategy. These uses are compatible with the site and situation of the proposed Mango Retreat that is secluded by its natural setting with a backdrop of Bilingurr. Attention to detail of the siting and style of the accommodation buildings ensures the surrounding environmental and cultural values will not be impacted.

The proposed uses are consistent with the tourism objectives as the facility will be suitable for the corporate and business short term accommodation market while being available for the leisure tourism market.

5.2 Development Plan No. 3

The site’s seclusion is further enhanced with the advent of Local Development Plan No. 3 recently adopted by the Shire of Broome. The Local Development Plan enables the placement of an east west Environmental Cultural Corridor connecting Bilingurr to Roebuck Bay. The concept of Environmental Cultural Corridors was previously introduced into Planning Scheme No. 3 in response to specific consultation undertaken with the Traditional Owners to:

o further conserve Country;

o recognise and protect the cultural significance of Bilingurr;

o provide a corridor linking Bilingurr to Roebuck Bay; and

o separate urban development cells. ^{^[1]}

The creation of the ECC in LDP 3 causes the realignment of the intersection of Lullfitz and Fairway Drives to the south resulting in a greater separation to the subject land from proposed neighbouring development and district distributor road access. This aids in enhancing the secluded nature of the proposed use.

Single vehicular access to the site will continue to be gained from Lullfitz Drive.

5.3. Rural Residential Zone Purpose and Objectives

The purpose of the Rural Residential Zone, given at clause 4.3.1 of the Planning Scheme, is to provide for residential use in a rural environment.  

Clause 4.3.2 states the objectives of the Rural Residential Zone. Those relevant are:  

(b) retain the visual and environmental amenity of the rural landscape in a manner consistent with a rural environment.  

(c) ensure the siting and scale of dwellings and structures minimises the visual impact to adjoining properties and the surrounding area.  

Accordingly, the proposed uses and development are consistent with the purpose and objectives of applied to the Rural Residential Zone. The pursuits of the proposal are in keeping with the rural living pursuits appropriate to the Rural Residential Zone. The visual and environmental amenity of the surrounding landscape is retained and the siting and scale of dwellings amongst the existing vegetation has minimal visual impact.

5.4. Tourism Accommodation Policy

A Tourism Accommodation Policy exists for the Tourist Zone south at Cable Beach. While that policy does not apply to the Rural Residential Zone, there are some principles that can be applied to the subject site.

The Aim of the Tourism Accommodation Policy is to:

encourage the development of high quality low rise tourist accommodation with associated facilities and to limited permanent residential accommodation in a Tourist Zone

Obviously, permanent accommodation does not apply to the subject site but the policy emphasis on high quality low rise tourism is pertinent to the proposed development espoused in this scheme amendment.

In relation to the Policy Objectives, the following principles are relevant:

· To protect and foster the local tourism industry.

· To ensure that there is an adequate supply of short and long stay tourist accommodation, but with a focus on short stay accommodation.  

· To ensure that the needs of short and long stay holidaymakers and permanent residents are met.  

· To enhance Broome's popularity as a holiday destination.  

· To encourage a range of tourist accommodation types.  

· To ensure high quality tourist accommodation with a complete architectural and landscape theme / form which enhances the area and reflects the character of Broome.  

· To encourage tourist developments to have sufficient on site recreational facilities and associated tourist commercial opportunities to make holidaying in Broome more attractive in the off peak season.  

The proposed scheme amendment satisfies all of these policy objectives.

Further, the Tourism Accommodation Policy has a number of Development Requirements. Those of relevance to the subject site include:

A plot ratio or dwelling bonus of up to 20% may be granted where a developer provides the following facilities:

· meeting /conference room/s; 

· recreational facilities such as swimming pool/s, tennis court/s,  games room/s, a gymnasium and a sauna  

Each Short Stay holiday unit or apartment shall contain at least a living area and bathroom. If kitchen, laundry and clothes drying areas are not provided for each unit / apartment, facilities of this nature shall be provided in a common area of the development.  

In the instance of the proposed scheme amendment, the accommodation composition and associated facilities meets the development requirements normally applied to the Tourist Zone.

5.5. Aboriginal Heritage Significance

The subject site is situated outside the SCA 7. The SCA 7 is located 300 metres west of the site within what is colloquially known as Hidden Valley. Because of the steep contour of the landscape, Hidden Valley is not visible from the site nor is it possible to view into Hidden valley from the site.

However, there are specific scheme requirements that relate to prevention of potential off site impacts. The objective of clause 6.2.7.1 of the local planning scheme is to ensure the landscape protection area is preserved and conserved in recognition of its cultural and environmental assets. Any proposal must seek prior approval of Council for land that is not within the SCA 7. Further, no works are permitted that might have off-site impacts on the SCA 7. As the scheme amendment advances to a development phase, another application for Council’s consideration will be prepared.

In relation to specifics about sites of significance, the Department of Aboriginal Affairs has confirmed there are two registered sites of significance in the locality:

· One known as Illangarami (DAA Number 12886) a place that is yet to be determined whether it is protected under the Aboriginal Heritage Act. The exact location for this place is not known and is mapped on DAA systems using a boundary that exceed the area of cultural significance.

· Another known as Billingurru (DAA Number 12839) a registered Aboriginal heritage site protected under section 5 of the Aboriginal Heritage Act

Specific details of their respective significance are not reported for reasons of respect of culture.

Figure 4: Site Analysis

5.6. Cultural and Environmental Landscape Protection

Lot 222 is in the Bilingurr locality and 300 metres west of Special Control Area 7 (SCA 7) an area of cultural significance to the Traditional Owners and environmental significance identified as a Yawuru (Coastal) Conservation Estate.

The dunal margins of the Billingurr Landscape Protection Area are the southernmost extent of sub tropical endemic coastal vegetation that coincides with groundwater recharge at the dunal margins. This is in part coincident with Special Control Area 4 (SCA 4). Refer Figure 4: Site Analysis.

The area adjacent the site has three distinctive vegetation types. What follows is an extract from Yawuru Cultural Management Plan (2015) as described in the Yawuru Country classifications, samples of vegetation that surround the site:

· Pindan Plain: (Bundurrbundurr).

· Coastal Dunes: west of the site (Niyammarri).

· Vine Thicket behind dunes: a small band exists along part of the western boundary

(Mayingar manja balu).

Pindan Plain: Bundurrbundurr

The subject site is situated on the fine grained clayey soils of the Pindan Plain. The Pindan Plain is where Yawuru hunt for warli or meat and collect most of the mayi bush food according to the seasons. Certain varieties provide wood for spears and boomerangs. Most of the cultural fruit and medicine trees are found over the Pindan Plain.

From a cultural management perspective Pindan country burns in the dry season and hot fires are prone to damage old trees. In preference, early ‘cool’ fires are best management practice as they creep through burning the grass and leaving the trees relatively undamaged. Fire management strategies are required to burn Country with cool burns so as to manage flora and fauna reproduction.

Plant Species found on the Pindan Plain in the vicinity of the subject include:

· Sorghum Spp. / Spear Grass - Yurrgulu

· Brachychiton diversifolius / Kurrajong - Darlab

· Persoonia falcate / Wild Pear - Ngaliwany

· Planchonia careya / Cocky Apple - Guyarabi

· Ventilago viminalis / Medicine Bark - Biny

· Lysiphyllum cunninghamii / Bauhinia tree - Yigily

· Sersalisia sericea / Wild Prune - Minyjuru

· Acacia colei / Soap Bush - Lirrirn-girn

· Terminalia cunninghamii / bush quandong or Pindan walnut - Lamindalngarru

· Corymbia flavescens / Ghost Gum - Gunurru

· Acacia eriopoda / Spear or Pindan Wattle - Yirragulu

· Marsdenia viridiflora / Bush Banana - Magabala

· Hakea macrocarpa / Jarridiny

· Gyocarpus americanus / Helicopter Tree

· Corymbia dampieri / Ochre or Dampier’s Bloodwood - Birlawal

Buffel Grass and Mint Bush is the prevalent ground cover.

Coastal Dunes: west of the site (Niyammarri).

Immediately abutting the western boundary of the subject site is the exposed Holocene coastal dunes that run parallel along Cable Beach.

The fore dunes are sparsely vegetated. On the more established sand hills, pockets of vegetation such as the Beach Bean creeper (Lysiphyllum cunninghamii) root systems reduce sand drift. There are dense shrub lands occur in hollows on the back slopes of the dunes. This is where Vine Thickets can occur (refer below).

Significant plant species found on the Cable Beach dunes in the vicinity of the subject are:

· Corymbia Polycarpa / Long-fruited Bloodwood - Grdgu

· Acacia bivenosa / Dune Wattle - Nirliyangarr

· Ptilotus exaltatus / Mulla mulla - Bardirlbardirl

· Lysiphyllum cunninghamii / Bauhinia tree - Yigily

· Crotalaria cunninghamii / Green Birdflower Flowers - Minmin

Vine Thickets: Mayingar manja balu

The vine thickets can be found in Minyirr Park and Hidden Valley in the shelter of the coastal dunes behind Cable Beach, where they form narrow belts of thick vegetation, rich in bush fruits. This vegetation community is vulnerable and accordingly has been classified as a Threatened Ecological community.

Yaminyarri (Terminalia ferdinandiana) are found from the sand dunes down to the beach, and behind the dunes and the root systems assist in consolidating potential sand drift.

Plant Species in select pockets at the foot of the dunes usually include:

· Carissia lanceolata / Conkerberry - Gunggara

· Abrus precatorius / Crab’s Eye Bean Creeper with red and black poisonous seeds, very toxic – Jinjalgurany, used only for decoration.

· Mallotus nesophilus / Yellow Ball Flower that fruits June to August with edible, sweet pearly berries with yellow skin - Badar-badar.

· Persoonia falcate / Wild Pear  - Ngaliwany

· Terminalia petiolaris / Blackberry Tree - Narwulu

· Marsdenia viridiflora / Bush Banana - Magabala

· Terminalia ferdinandiana / Kakadu Plum - Yaminyarri

From a cultural perspective, the vegetation in this locality provide food, wood and medicine, essential to Aboriginal culture and traditionally people camped and sheltered in these areas and would harvest the berries, fruits, seeds and gum of plants to eat (e.g. narwulu / Blackberry tree); for medicine (e.g. yaminyarri bark used to treat rheumatism and sores, and gunggara / konkerberry leaves used as a smoke medicine to cure diarrhoea or sores); to make jewellery and for ornamentation.

5.7. Bushfire Vegetation Classification

The adopted Fire Danger Index for Western Australia is FDI 80 derived from AS 3959. The subject site falls within a northern subtropical climatic zone influenced by the dry desert conditions to the west rather than the tropical conditions of the Kimberley to the north. As noted above, there are two large and distinct soil and vegetation classes (or land units) applied to the bushfire hazard level assessment: the Pindan Plain and coastal dune communities, with four other minor classes of vegetation clusters; namely acacia shrubland, palm grove, mango grove and vine thickets. Transects of the surrounding 100 metre hazard assessment area were undertaken to achieve accurate vegetation classification.

The coastal dunes slope upwards west of the site and are rated as a zero degree slope; equally the Pindan Plain has zero slope.

The Pindan Plain to the north, south and east of the site comprises Pindan soils with very low infiltration rate and corresponding fertility. Accordingly, the semi arid conditions result in grassy understorey of Buffel Grass with low shrubs and sparse trees including and Pindan Wattle, Cocky Apple and Pindan Walnut. Specific species occurring in this land unit are given above in Section 5.6. The vegetation is classified as Open Shrubland (reference to AS 3959). To the east of the subject site the Pindan is dissected by Fairway and Lullfitz Drives. The bushfire hazard level assigned to the Pindan Plain Open Shrubland is Moderate.

The adjoining coastal dunes comprise littoral silicus sands with poor fertility and no moisture retention capability. Specific species occurring in this coastal land unit are given above in Section 5.6 and essentially comprise sparse coastal heath vegetation with the exception of two clusters: one being a cluster of acacias occuring north of the subject site and the other a Thicket west of the site boundary. The vegetation is classified as Open Heath (reference to AS 3959) comprising coastal heath and one to two metre shrubs of Muall mulla and dune wattle. The bushfire hazard level assigned to the coastal dunes Open Heath is Low, with the exception of a cluster of acacia shrubs that is rated at Moderate bushfire hazard level.

Significant clusters of trees approximating 2,500 square metres in the subject site consist of a mango grove, palm grove, vine thickets and previously mentioned acacia cluster in the dunes. The mango grove is ranked at Low bushfire hazard level as these trees are not highly flammable. The palm grove and the vine thickets are ranked High bushfire hazard level because of the nature, type and density of the vegetation class.

Fortunately the Minyirr Yawuru Coastal Park, adjacent the subject site, is managed co-jointly by Nyamba Buru Yawuru and the Shire of Broome in consultation with the Department of Parks and Wildlife. These authorities are in the process of compiling a management plan for the Yawuru Coastal Park inclusive of a Bushfire Management Plan; this is yet to be released. In accordance with cultural pursuits, it is anticipated the management approach will have an emphasis on cool burn fire management techniques applied to the coastal park. For the purposes of the subject site, it is proposed to apply a performance based approach to fire management. A suitable fire management plan will be detailed in subsequent development proposals commensurate with the bushfire analysis for the cultural coastal park undertaken by those authorities.

Figure 5: Bushfire Hazard Level

5.8. Summary

Consequent to the scheme amendment and proposed development, there are measures in place and others to be enhanced to prevent off-site impacts:

· containing development within the subject site that is 300 metres west of sites of cultural significance;

· effluent disposal will be in a self contained treatment system with a holding tank to avoid contamination of ground water;

· existing fencing along the boundaries will be increased in height to prevent pedestrian access into the landscape protection area.

· Access and egress to the site will be from Lullfitz Drive;

· existing stormwater flow path that flows south along the eastern margins of the site will not be altered, so as to avoid impingement of stormwater flow and ground water infiltration;

· the existing detention basins between the site and the road reserve will be maintained; and

· proposed building development will be raised approximately 1.2 metre above the ground so as to avoid impingement of stormwater flow and ground water infiltration.

6. Conclusion

This Planning Report justifies the proposed health and well being retreat to support the Advertising in accordance with clause 21, Division 2, of the Planning Regulations 2015.

Lot 222 is a unique parcel, entirely separate from all other freehold land to the north and south. The Billingurr rural residential area is approximately 750 metres north and further south is the Cable Beach tourism area. Site of cultural significance are located 300 metres west of the site. The steep contour of the landscape means Hidden Valley is not visible from the subject site nor is it possible to view into Hidden Valley from the subject site.

The intention of the proposed Scheme Amendment is to satisfy the tourism format demanded by corporate and leisure tourists alike: a high end, low impact, short-stay visitation with a focus on quiet meditative retreat.

In the instance of the proposed scheme amendment, the accommodation composition and associated facilities meets the aim, objectives and development requirements of the Tourism Accommodation Policy normally applied to the Tourist Zone.

The existing house is proposed to be renovated to accommodate a long term permanent Caretaker to manage the operation of the site on behalf of the Strata Unit Body.

Sewerage disposal is proposed by means of self contained effluent disposal system comprising a series of three elevated tanks to avoid contact with potential stormwater flow.