Minutes of Ordinary Meeting - 7 September 2017

Minutes – Ordinary Meeting of Council 7 September 2017 Page 25 of 1404

9.1.1 BRAC 1 YOUTH BIKE PRECINCT MASTERPLAN

LOCATION/ADDRESS: Res 42502

APPLICANT: Nil

FILE: RCS24

AUTHOR: Club Development Officer

CONTRIBUTOR/S: Manager Sport & Recreation

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 9 August 2017

SUMMARY: This report presents the public feedback received on the draft BRAC 1 Youth Bike Precinct Masterplan for Council’s consideration. The report recommends that Council note the feedback, and endorse the Masterplan as an informing document for the implementation of youth/recreation infrastructure at the BRAC 1 Youth Bike Precinct.

BACKGROUND

Previous Considerations

OMC July 2016 Item 9.2.5

OMC November 2016 Item 9.2.2

OMC June 2017 Item 9.1.3

At the November 2016 Ordinary Meeting of Council, Council adopted the Broome Recreational Trails Masterplan and Marketing Plan as informing strategies to the Shire’s Integrated Planning and Reporting Framework. It also agreed to consider recommendations in the Masterplan to inform future investment decisions. One of the recommendations arising from the Recreational Trails Masterplan was the development of a Youth Precinct at BRAC.

As a result, Council reallocated $40,000 from the 2016/17 Annual Budget GL account – 113394 towards developing a Masterplan for the BRAC 1 Youth Precinct.

Consultants were appointed in January 2017 with a focus on four key areas.

1. Consult with the community around what is desired at the site with the focus on key youth activities including running, cycling/bike groups and youth groups including the Shire of Broome Youth Advisory Council.

2. Detailed plans for the potential recreational facilities at the site with a focus on youth related activities.

3. Site assessment and recommendations into feasibility of permanent infrastructure on the reserve.

4. A long term maintenance/management plan.

At the June 2017 Ordinary Meeting of Council, Council agreed to receive the draft BRAC 1 Youth Bike Precinct Masterplan and requested that the Chief Executive Officer advertise the document to seek community feedback for a period of four weeks, and present any submissions to Council for future consideration.

The Masterplan includes a proposed staging plan, costings, funding options and a maintenance and management plan, and recommends priority projects for the BRAC 1 Youth Bike Precinct site.

It is widely acknowledged there is currently no bike related facility for local youth in Broome, despite the activity being one of the most popular. The Masterplan has been broken down into three stages with a focus on activating the site as soon as possible to meet the growing demand.

COMMENT

The draft Masterplan was prepared by UDLA and informed by extensive community engagement. The Masterplan proposes that the following items be included in the BRAC 1 Youth Bike Precinct in stages:

· Mountain bike pump track – of asphalt construction and on the higher ground in the site;

· Mountain bike trail – located on higher ground in the site, approximately 1 km in length;

· Mountain bike skill component – variations to the riding surface incorporated at different points of the bike trail;

· Walk path – to encircle the site near its boundary;

· Informal jump area – designated area for the creation of a jumps course, to be created by the community;

· Youth Precinct car parking – formalised car park to service the Youth Precinct, constructed as an extension to the existing BRAC car park;

· Shade shelter – mountain bike trail head and pump track facilities – combined facilities and rest area for cross country trail and pump track;

· Shade shelter – BBQ and picnic area – provision of general amenity such as shade, seating areas, BBQs and drink fountains, centrally located to service users of various recreational elements;

· Open lawn for temporary events and recreation – open lawn area for events, pop up traders, food vans, workshops, exercise groups, casual kick about, etc;

· Stage and hardstand for event use – proposed stage and linear hardstand area adjacent to lawn to accommodate temporary events such as shows, pop up vans, etc;

· Street sports courts – can accommodate multiple sports on the one court (eg. basketball ring and soccer goal) with one being a caged court to contain balls within the space;

· Kids safety bike track and play elements – close to lawn and site entrance, separated from access road, including play elements such as logs, rocks, slides, etc;

· Art opportunity at high profile entrance points and near rest areas – opportunity for inclusion of public art;

· Low key mountain bike loops through drainage area – opportunity to extend the trail length by including low key loops through the drainage areas;

· New dual use path along Frederick Street – inclusion of footpath along the northern side of Frederick Street and along access road to encourage walking and cycling to the site and between BRAC and The Boulevard;

· Internal access roads – creation of an inviting, safe access way connecting the site, BRAC and Frederick Street;

· BMX track and spectator facilitates – track of asphalt and concrete construction large enough to host events and formalised 8 person races; and

· Gates for connection with the BRAC oval – addition of a series of gates through the current garrison fence.

The draft Masterplan includes a detailed implementation plan, which stages the implementation of the elements of the precinct and includes probable costings. Information on the estimated costs of implementing Stage 1 is included under the Financial Implications heading below. It also includes a maintenance and management plan for the precinct.

The Masterplan was released for public comment from 7 July - 4 August 2017. A survey was developed to assist with focussing feedback on key questions related to the site, and the draft Masterplan was promoted through local media, Shire news and social media. Three separate media interviews (ABC, Goolarri Media and Spirit FM) were undertaken promoting the Masterplan, and the public feedback forms and information display boards were placed in both the Shire Administration building and Broome Recreation and Aquatic Centre. Emails were also sent to all people engaged in the consultation process during the development of the Masterplan.

Following the feedback period, the response was overwhelmingly positive. The feedback is summarised below and in Attachments 2 and 3 to this report. As a result, officers consider it necessary to make only a minor amendment to the draft Masterplan, this being to include lighting of the facility in Stage 1 of the Masterplan (rather than stage 2). This change is recommended to ensure safety and security at the site and is in response to feedback received regarding the importance of lighting being provided in the early stages of the Precinct’s development.

Therefore, it is recommended that Council endorse the Masterplan as shown in Attachment 1 as an informing document for the implementation of youth/recreation infrastructure at the BRAC 1 Youth Bike Precinct.

CONSULTATION

There were 35 responses to the BRAC 1 Youth Bike Precinct Masterplan survey. The following responses were received.

Are you supportive of the BRAC 1 Youth Bike Precinct?

Yes: 34 respondents

No: 1 respondent

There was one comment provided for this question:

- It will create a hang out for the delinquents that are over running the town. It won’t be safe to go there if they hang out in gangs. How long until they destroy or burn everything. Don’t waste rate payers money.

Is there anything you would like to change on the plan?

Yes: 12 respondents

No: 22 respondents.

There were 11 comments provided for this question:

- It would be a major shame to build this and not include a skate park, including a ramp and bowl. As I used to own the skate shop at the Boulevard I can assure you there is a huge interest not only from the local youth but the many young tourists and the kids that come with their parents. There is not a huge amount for kids to do whilst the parents are busy. Being able to bring their own skateboard or scooter on holidays knowing that Broome has a quality park would be a huge attraction.

- Proper skate park.

- I would like more grass for families to play on while bigger kids ride their bikes. If #10 is for toddlers I think this needs to be bigger and possibly not next to the car park.

- Don't build it.

- Add fitness equipment corresponding to walking track. Community garden to be included. Water fountains along walk track and at each site. Native trees to include bush food. Art opportunity to incorporate places for Shinju art for after Shinju. Disability access to all areas to be considered.

- Adding a skate track, or a path without edges so skating on blades or quads is

smooth.

- Design needs to be cross purpose ...great for the community ...and attraction for visitors.

- LED Lighting for security and evening use.

- Consideration has not been given to the significant barrier that Frederick St and Cable Beach Roads pose to people accessing the site on foot/bike. There is heavy traffic, no islands on CB Rd, a small awkward island to the Boulevard and a larger safer island opposite Jewell St, but too far away to be of use. There needs to be islands opposite the skate park and Miller Park, and bring forward from stage 2 to stage 1 your footpath.

- Is there a safe area for kids aged under 5 where they will be at less risk of the bigger kids zooming past?

- More shade.

What components listed below should be constructed as a priority?

MTB Pump Track 25

33% or 11 respondents listed as no 1 priority.

2a MTB Trail 29

45% or 15 respondents listed as no 1 priority.

2b MTB Skill component 19

3% or 1 respondent listed as no 1 priority.

Walk/run path 13

6% or 2 respondents listed as no 1 priority.

Informal jump area 9

9% or 3 respondents listed as no 1 priority.

Youth Precinct Car parking. 5

6% or 2 respondents listed as no 1 priority.

Would you like to be involved in the development or management of the site?

Yes: 12 respondents

No: 23 respondents

There were 14 other comments received in the survey responses regarding the proposed plan.

- Would be good to also use site for xtreme water park in the season, currently xtreme water park operates in summer in Perth could relocate to Broome in winter.

- Place lots of lights and security cameras or have it regularly patrolled.

- I think the proposed upgrades to Town Beach, Cable Beach and adjacent the Boulevard are Great Ideas. I also believe the Frederick St upgrade could include an off-leash dog park. If done correctly it would encourage responsible dog owners to interact together and socialise their pets in a friendly area other than at the beach, therefore reducing some of the issues faced currently at the beach. I would love to be involved in this as I have a great reputation in Dog Management at an interstate Council and helped implement some successful strategies.

- I would like to see a new skate park added to the site as the current one is too small, for the amount of people who use it. One like the skate park in the Fremantle Youth precinct is ideal as caters for all ages and skill level. I am also supportive of a Parkour area as a great gross motor and sensory activity for older children who have grown out of the traditional playgrounds. Otherwise it looks fantastic.

- Great idea. Worked with group that was involved with the trails around Mundaring and Kalamunda, WA, and it has done a lot to revitalise the area and feel it would be really good for the local area, Will be attractive to people of all ages.

- I'm not happy for my rates increasing & services cut from my home yet money is available to waste on some place for kids to hang out together in gangs. I wouldn't feel safe taking my children there. Have you factored in the cost of replacing everything that gets burnt down? You are welcoming antisocial behaviour and paying for it with rate payers money.

- Great idea

- Possible fencing along Boulevard and Park connection to only allow access at rear and front of Boulevard as loading truck use that road often. Possible hazard with kids using it as a short cut.

- Bike Riders love Broome, Numbers are big and all age groups, do it soon ok.

- I don't know if the shire is planning to add more skate facilities in its upcoming developments, but it would be wonderful if more could be done in that area, especially for the bigger kids and teenagers, within this area or at town beach.

- Native plants and shade trees, improve visual amenity and access along Frederick St in first stage, consider dust management for areas waiting next stage development.

- There appears to be a big focus on mountain biking which is great but possibly represents the views of who was at the meetings. I believe that there needs to be more thought given to the young, growing and facility poor Broome North suburb as this will be an area that requires things for young people to do in the future. It would be good to see a proper oval there for footy or cricket with nets, and even a pavilion which could be a real community focal point in this area. This is something that is missing there and it could be used in a myriad of ways.

In addition, two emails were received from the key stakeholders with the following feedback:

Krissie Dickman, LGSCI Regional Manager

- The project ranks as a high program priority as it is a new physical activity space and I believe that the Shire of Broome would be able to demonstrate a strong need with the appropriate supporting information in the grant application. The funding strategy is technically eligible, but in a competitive process it may come up against similar ranking project that have lessor risk for the State and larger local buy in. To clarify that statement, the current strategy presents a ratio 2:1 for funding with the State contribution to be 66% and the Shire less than 33%. A ratio of 1:1 or 1:2 would present a stronger case in a competitive round.

Vince McQuillen, PrimeWest (see Attachments 4, 5 and 6)

- PrimeWest as the owners of the Broome Boulevard Shopping Centre are pleased to provide our support to the Council’s proposed Cycle Park initiative. We believe this development will be of significant value to the local community and provide excellent active recreational opportunities for young people in the area. We commend the council on this proposed initiative and would be please to offer our support in any way feasible to assist in the delivery of this vision.

Furthermore, to assist in integrating the proposed cycle park with our existing centre we would be pleased to construct, at our expense, an additional section of footpath with associated at grade pedestrian crossings as shown on the attached concept plan. We would also like to propose the construction of a new entry statement/shelter at the boundary of the two properties to serve as a wayfinding aid and help to strengthen safe pedestrian linkages between the new cycle park and our centre. The proposed path (refer aerial photo) would also provide safe passage behind the existing petrol station and provide ample protection to pedestrian/cyclist from the heavy vehicle loading area of the centre.

In addition to the above we would also like to propose a community design competition for a new public art installation which would also serve as a bicycle rack facility at the entrance to our centre (please refer attached example images) We believe this design completion would provide an opportunity for positive youth engagement and help to strengthen the local community’s connection with the new cycle facilities.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 3.18 Performing executive functions

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

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

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

(c) are managed efficiently and effectively.

POLICY IMPLICATIONS

Policy 5.1.10 Community Engagement

FINANCIAL IMPLICATIONS

The consultants who prepared the draft Masterplan have recommended a three stage implementation plan to develop the site in its entirety. Should Council choose to endorse the Masterplan, the costings identified in the Masterplan will need to be incorporated into the Shire’s Long Term Financial Plan.

The balance of Stage 1 is proposed to be funded through grant funding and in-kind support. The projects listed in Stage 1 are as follows:

Description	Cost
Pump Track	$229,650
Bike trail including skill components	$90,250
Walking track/path	$48,500
Informal jump area	$2,000
Car parking	$92,000
Lighting	$50,000
Sub total	$512,400
Preliminaries (9%)	$46,116
Design (7%)	$35,868
Contingency (15%)	$76,860
Works total	$671,244

The main funding programs being targeted for Stage 1 are the Department of Local Government, Sport and Cultural Industries (DLGSCI) Community Sport & Recreation Facilities Fund (CSRFF) and Lottery West’s Community Outdoor Spaces grants.

DLGSCI has indicated that they will not fund the trails components of the project as it better aligns with Lottery West’s funding streams, and this meaning that the CSRFF grant application will focus solely on the pump track.

Lottery West has indicated the project meets their key selection criteria, but has suggested there may be a reluctance to fund another project in the Shire of Broome whilst other significant funded projects are not complete. Therefore, a larger amount of corporate in-kind contribution could be required to activate the site.

In order to activate the site and maintain momentum following the consultation period and the development of the Masterplan, it is intended that officers apply for funds from DLGSCI for the pump track only through the CSRFF and attempt to source funds for the remaining components of Stage 1 when other key Lottery West funded projects are further progressed and therefore opportunities to apply to agencies such as Lottery West become available.

With the lack of funds immediately available and to avoid competing for funds with other key projects taking place within the municipality, officers have requested a revised/scaled down version of the proposed pump track to provide a more affordable option for Stage 1. The estimate of quantities keeps the project at $200,000 for the pump track component of the Masterplan (Attachment 7), requiring a $100,000 local contribution to leverage funding from the CSRFF Small Grants Program.

The current 2017/18 budget has the Youth Bike Precinct funding strategy as follows:

Project	Funds
Muni funds	$34,870
Department of Sport and Recreation	$45,000
Lottery West	$60,000
In kind	$20,000
BRAC 1 Youth Bike Precinct	$159,870

With the unlikelihood of Lottery West funds becoming available until other funded projects in the region are further progressed, and DLGSCI only funding the pump track; to proceed with installation of the pump track component only the funding strategy is proposed as follows:

Shire/Local contribution	$100,000
Dept Local Govt, Sport & Cultural Industries	$100,000
Total project cost	$200,000

The Shire/local contribution is now proposed to consist of the amounts shown below:

Project	Funds
Muni funds	$85,000
In kind	$15,000
Total	$100,000

This strategy will require the following FACR amendments at a quarterly 2017/18 budget review:

Account	Detail	Current budget	Proposed budget
1181420.34	Youth Bike Recreation Area	$159,870	$200,000
113403.10	Other Rec & Sport - Grants operating	$(3,605,000)	$(3,600,000)
113403.12	Other Rec & Sport – Dev contributions	$(20,000)	$(15,000)

There is also the potential for officers to apply for additional funding options and increased in kind contributions to reduce the financial cost to Council. This will be ongoing as the project planning progresses.

An Expression of Interest has been lodged with the Federal Government’s Stronger Communities Programme for an infrastructure grant. Shire officers will look to apply for a maximum grant of $20,000. Applications close on 28 September 2017 and projects need to be completed by June 2018. This could assist in alleviating the need for additional funds to be allocated from existing budgets.

In kind

There are a range of local businesses and interest groups who could collaborate on different aspects of the project, from track maintenance and construction to the beautification of the area through native planting and local art. There is also the potential to encourage businesses to sponsor the track, or sections of it.

PrimeWest has also informed the Shire of Broome of its desire to fund a pedestrian access point linking the Broome Boulevard Shopping Centre to the precinct, and to discuss further support (see Attachments 4, 5 and 6).

There is currently $15,000 of in kind support factored into the budget which relates to earthworks, landscaping and planting to be undertaken by third parties.

RISK

Option	Description	Risk	Risk rating
1	Council endorse the draft BRAC 1 Youth Bike Precinct Masterplan	Community expectations will be that there are sufficient funds available to implement the recommendations.	Low
2	Council does not endorse the draft BRAC 1 Youth Bike Precinct Masterplan	Shire of Broome has no planning toward developing a facility specifically designated for youth, general members of the public or visitors to ride bikes.	High
2		Areas of town continue to be vulnerable to anti-social behaviour from bored youth.	High

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

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

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

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

Affordable and equitable services and infrastructure

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

Effective community engagement

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr W Fryer

That Council:

1. Notes the feedback received from the public in relation to the BRAC 1 Youth Bike Precinct Masterplan.

2. Endorses the BRAC 1 Youth Bike Precinct Masterplan as an informing document under the Shire’s Integrated Planning Framework and:

(a) Requests that the Chief Executive Officer allocate up to $40,130 to GL account 1181420 at a quarterly Financial Costings Review to implement the pump track component of the BRAC 1 Youth Precinct Masterplan.

(b) Requests that the Chief Executive Officer commence negotiations and approach local businesses for in-kind support for the implementation of Stage 1 of the BRAC 1 Youth Bike Precinct.

(c) Supports the Shire of Broome’s Community Sport & Recreation Facilities Fund application to the Department of Local Government, Sport and Cultural Industries for funds to implement the BRAC 1 Youth Bike Precinct Masterplan, as well planned and needed by the Municipality.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	BRAC 1 Youth Bike Precinct Masterplan - Final Draft
2.	Survey data
3.	Survey data - Extended answers
4.	Primewest Email
5.	Primewest proposal
6.	Primewest aerial

Minutes – Ordinary Meeting of Council 7 September 2017 Page 158 of 1404

9.1.2 DEPARTMENT OF LOCAL GOVERNMENT, SPORT & CULTURAL INDUSTRIES - COMMUNITY SPORTING & RECREATION FACILITIES FUND 2018 - 19

LOCATION/ADDRESS: Various

APPLICANT: Various

FILE: GPC08

AUTHOR: Manager Sport & Recreation

CONTRIBUTOR/S: Club Development Officer

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 9 August 2017

SUMMARY: The Western Australian Department of Local Government, Sport and Cultural Industries (DLGSCI) Community Sporting and Recreational Facilities Fund (CSRFF) 2018 - 2019 grant process seeks to have all applications submitted for priority assessment and endorsement through the local government authority in which the project is located. This report seeks Council’s consideration and priority assessment of four applications under two funding streams within the current funding round from within the Shire of Broome prior to being submitted to DLGSCI.

BACKGROUND

Previous Considerations

OMC 7 July 2011 Item 9.3.4

OMC 1 September 2011 Item 9.3.4

OMC 6 September 2012 Item 9.1.1

OMC 15 August 2013 Item 9.1.2

OMC 28 August 2014 Item 9.1.2

OMC 31 March 2016 Item 9.2.2

OMC 25 August 2016 Item 9.2.8

The WA Department of Local Government, Sport and Cultural Industries (DLGSCI) (formally the Department of Sport and Recreation) calls for applications for financial assistance through the Community Sporting and Recreation Facilities Fund (CSRFF) via three categories:

· Small Grants

· Annual Grants

· Forward Planning Grants

DLGSCI’s CSRFF grants program provides financial assistance to community groups and local government authorities to develop basic infrastructure and support planning studies for sport and recreation. The program aims to increase participation in sport and recreation with an emphasis on physical activity through rational development of good quality, well-designed and well-utilised facilities.

Grant applicants must be a local government authorities or a not-for-profit sport, recreation or community organisations incorporated under the Associations Incorporation Act 2015. The land on which a funded facility is to be developed must be one of the following:

· Crown reserve;

· Land owned by a public authority;

· Municipal property; or

· Land held for public purposes by trustees under a valid lease, title or trust deed that adequately protects the interests of the public.

DLGSCI’s CSRFF grant process seeks to have all applications submitted for endorsement through the local government authority (LGA) in which the project is located.

DLGSCI CSRFF Project Assessment Sheet for LGAs

The CSRFF Project Assessment process requires the LGA to rank, in order of priority, all applications received. All projects need to be considered in the context of their local, regional and State sport and recreation facilities plans to ensure the project meets the needs of the community.

In addition, the assessment process requires LGAs to rate all applications received as either:

(a) Well planned and needed by municipality;

(b) Well planned and needed by applicant;

(d) Needed by applicant, more planning required;

(e) Idea has merit, more planning work needed; and

(f) Not recommended.

This rating should reflect how worthwhile the project is and indicate importance in relation to actual need and benefit to the community.

DLGSCI seeks to have all LGA rankings and ratings endorsed by Councils and a copy of Council Minutes confirming financial contributions or intention to include in discussions in the forthcoming budget processes (if applicable) to be included within the application form.

COMMENT

The Shire of Broome has received four applications from within the municipality that are required to be assessed and prioritised by Council prior to being submitted to DLGSCI before 16^th September 2017. These applications were submitted under two different streams, and are summarised as follows:

CSRFF Annual/Forward Planning Grants

Applicant	Project	Grant request	Project cost
Broome Surf Life Saving Club	North West Training Facility	$750,000	$3,874,472
Broome Bowling Club	Synthetic green and lighting replacement	$90,900	$272,790

CSRFF Small Grants

Applicant	Project	Grant request	Project cost
Broome Golf Club	Club room redevelopment Planning Studies	$25,000	$140,971.60
Shire of Broome	BRAC 1 Youth Bike Precinct – Pump track	$100,000	$200,000

Annual/Forward Planning Grants

Broome Surf Life Saving Club

The Broome Surf Life Saving Club (BSLSC) has submitted an application for funding to deliver the construction of the BSLSC North West Training Facility (see application in Attachment 1). The facility is a replacement of most of the existing building, with all but the existing storage area being dismantled and replaced with:

· Training and equipment rooms

· Multifunctional meeting/training/conference rooms

· Multi club meeting/office space

· Radio control tower that offers 180 degree surveillance of Cable Beach

· Commercial kitchen

· Expanded amenities

This application is the second time that the Club has applied to the CSRFF, after being unsuccessful in the 2017/18 funding round. During the application process for the previous funding round the Shire of Broome agreed to assist with a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required. The resolution from the 25 August 2016 Ordinary Meeting of Council (OMC) is shown below.

COUNCIL RESOLUTION:

(REPORT RECOMMENTDATION)

Moved: Cr D Male Seconded: Cr H Tracey

That Council:

1. Recommends the following application to the Department of Sport and Recreation’s Community Sporting and Recreation Facilities Fund Forward Planning 2016/2017 for funding and be prioritised as follows:

Applicant

Project Funding

Priority

Shire of Broome

(Well planned and needed by Municipality)

One

2. Requests the Chief Executive Officer to inform the Department of Sport and Recreation accordingly.

3. Requests the Chief Executive Officer to assist in the negotiation of a self supporting loan to a maximum of $500,000 for the Broome Surf Life Saving Club through the West Australian Government Treasury Corporation if required.

4. Notes that the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval.

CARRIED UNANIMOUSLY 8/0

Council also resolved to financially support the project at the OMC on 15 December 2016, through the following resolution:

Council Resolution:

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Receives the letter of request from the Broome Surf Life Saving Club and notes the support currently provided by the Shire of Broome to the Broome Surf Life Saving Club through the provision of a peppercorn lease and Parks and Gardens maintenance of the immediate surrounds;

2. Notes Council’s previous resolution of 25 August 2016:

(a) To assist with the negotiation of a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required;

(b) That the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval;

3. Approves a contribution to the Broome Surf Life Saving Club North West Training Facility to the value of $242,011 through the following:

(a) A 100% reduction in Planning Application Fees;

(b) A 100% reduction in Waste Management Fees associated with the development;

(c) A 100% reduction of Building Application Fees;

(d) Consider the inclusion of the construction of a disability access ramp to the public reserve fronting the Broome Surf Life Saving Club, and a pathway from the vehicle access bridge to the top of the beach access stairs in the 2017/18 budget, following the submission of a project brief;

(e) Cash contribution of $76,116 to be funded from the Building Reserve (Building Renewal Allocation), based on 50% Building Renewal expenditure allocated towards the existing facility under the Shire’s Building Asset Management Plan.

(f) Notes the summary of Shire contribution below:

Item	Shire Contribution
Building approval	$5,333
Development Approval	$13,771
Estimated Waste Transfer Facility fees (calculated at 80m3)	$4,240
Disability access ramp at surf club	$70,000
Pathway - Access bridge to shower/top of stairs	$20,000
Peppercorn lease (estimated)	$20,000
Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)	$32,551
Cash Contribution (based on 50% Building Renewal of existing building)	$76,116
Total	$242,011

4. Authorises the Chief Executive Officer to execute any and all documentation associated with the Broome Surf Life Saving Club’s application for development and building approval on behalf of the Shire of Broome as the land owner of the Cable Beach Foreshore Reserve;

5. Requests the Chief Executive Officer to commence re-negotiation of the lease agreement between the Broome Surf Life Saving Club and the Shire of Broome; and,

6. Requests the Chief Executive Officer to advise the Broome Surf Life Saving Club accordingly and seek to amend the Shire’s Annual Budget should this project proceed.

CARRIED UNANIMOUSLY 7/0

Since the previous application, the Club has been able to secure funding from several other sources in addition to that of the Shire of Broome, although DLGSCI has advised that only certain aspects of the Shire contribution would be considered a valid contribution to the project. The additional funding is summarised below:

Funding source	Amount
Lottery West	$1,500,000
Community Chest funding (KDC)	$300,000
Shire of Broome (cash)	$76,116
Shire of Broome (other)	$93,344

The Club has also revised the scale of their project to enable it to be constructed in a staged approach, recognising the limited amount of funds that are currently available from several sources. The revised plans have been priced at a total of $3,874,472.

The Club’s contribution of $500,000 and the additional funding committed above, along with local business support places the project in a much stronger financial position than at the time of its previous application, with the Club’s funding strategy to be as shown below:

Funding source	Amount
Lottery West	$1,500,000
Community Chest funding (KDC)	$300,000
Shire of Broome (cash)	$76,116
Shire of Broome (donated works)	$93,344
Shire of Broome (Project steering group)	$4,200
West Australian Treasury Corporation (Self Supporting Loan)	$500,000
Broome Surf Life Saving Club	$500,000
Donated materials	$35,000
Donation of project management	50,000
Donation of design, plans and drawings	$67,800
Requested from CSRFF	$748,012
Total	$3,874,472

Broome Bowling Club

The Broome Bowling Club has applied to replace their synthetic green and associated lighting (see application in Attachment 2). The club installed their existing synthetic green in 2009. The product has a life expectancy of approximately ten years, but over the last 12 months has begun to show signs of accelerated deterioration. The surface is wearing in patches and no longer playing/rolling true.

The lighting is in the vicinity of 20 years old and does not provide full or even light coverage. Some poles are located to light the previously existing second turf green. The lights are metal halide, and a change to LED technology and 240 watts along with more appropriate positioning of light poles will allow for a more energy/cost efficient lighting system and an even, well lit green.

The initial synthetic green was installed by the Broome Bowling Club with the assistance of a self supporting loan through the West Australian Government Treasury Corporation, negotiated by the Shire of Broome. The loan was paid back in full prior to the agreed terms.

The Shire of Broome Framework for the development of Sport and Recreation Facilities 2016 – 2025 (adopted by Council February 2014) identifies that there are a number of clubs that operate under a licence or lease agreement, including the Broome Bowling Club. It is noted that in the case of development projects for these facilities that:

It is proposed that the Shire’s responsibility in this regard is limited mostly to planning assistance, offering support for funding applications and in some instances where resources permit, a financial contribution to facility improvements considered on a case by case basis. The facilities currently identified in this category include Broome Bowling Club, Broome Surf Life Saving Club, Broome Fishing Club, Broome Sailing Club, Broome Golf Club, Broome Horse Riders Club, Broome Pistol Club, Broome Field and Game Club and Broome Speedway.

The Club has not requested financial support from the Shire for this current application and is contributing $150,700 of its own funds which have been obtained through the establishment of a renewal fund specifically for the replacement of the synthetic green when required. The Club holds a lease with the Shire of Broome for its existing premises that expires in 2035. The Club is responsible for the repairs and maintenance of the facilities under that agreement.

Small Grants

Broome Golf Club

The Broome Golf Club are applying for funds to carry out planning studies for the redevelopment of the club house (see application in Attachment 3). The existing club house was built in the early 1970s and is showing signs of structural concerns. The need for the redevelopment of the club house on the existing site is clear, and the planning studies proposed to be undertaken with this funding will ensure that the project is prepared for in a thorough and coordinated approach. The components of the proposed planning will include:

· Finalisation of concepts

· Business case

· Fire consultant

· Geotechnical study - Structural and civil

· Quantity surveyor cost estimate

· Building surveyor – BCA compliance check

· Bushfire attack assessment

· Electrical infrastructure/engineering

· Hydraulic infrastructure/engineering

BRAC 1 – Youth Bike Precinct

At the June 2017 OMC, Council agreed to receive the draft BRAC 1 Youth Bike Precinct Masterplan and requested that the Chief Executive Officer advertise the document to seek community feedback for a period of four weeks, and present any submissions to Council for future consideration (below).

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey Seconded: Cr M Fairborn

That Council receives the Draft BRAC 1 Youth Bike Precinct Masterplan and requests the Chief Executive Officer to advertise the document to seek community feedback for a period of four weeks and present any submissions to Council for future consideration.

CARRIED UNANIMOUSLY 7/0

The Masterplan includes a proposed staging plan, costings, funding options and a maintenance and management plan, and recommends priority projects for the BRAC 1 Youth Bike Precinct site. The final Masterplan will be considered by Council at the August 2017 OMC, whereby Council’s endorsement of the final Masterplan will be sought.

It is widely acknowledged that there is currently no bike related facility for local youth in Broome, despite the activity being one of the most popular. The Masterplan has been broken down into three stages with a focus on activating the site as soon as possible to meet the growing demand. A key part of the public survey was for respondents to comment on what they saw as the priority parts of the Masterplan for implementation/construction. The key components chosen by the public were the Pump Track (33%) and the Mountain Bike Trail (45%).

Discussions with DLGSCI into potential funding opportunities for this precinct resulted in advice that the only component of Stage 1 of this precinct that aligns with the guidelines of the CSRFF would be the pump track. The remainder of Stage 1, and a large portion of the rest of the site would be more suited to funding by Lottery West Community Outdoor Spaces grants. Due to the prescribed funding ratio for this program, up to 50% of the project cost can be applied for if applicants are considered eligible for the development bonus. Broome is classed as geographically isolated and remote, and is therefore considered eligible for the greater ratio of grant funding.

The pump track specified in the BRAC 1 Precinct Masterplan was approximately 650m² and had an estimated cost of $229,650. To ensure the project is affordable and at a minimum, the site can be activated, a reduction of scale in the size of the pump track has been costed. The revised costing means the project falls within the CSRFF Small Grants category. This requires 50% local contribution which can be made up of cash contribution and in-kind. The revised costing as provided by Common Ground Trails Pty Ltd is detailed below, and provides the basis of the CSRFF small grant application for the Shire of Broome (Attachment 4).

Item	Description	Cost
Design/engineering	Pump Track Concept Design, Detailed Design, Stormwater Design, Engineers certification	$10,000
Preliminaries	Insurances, mobilisation, site establishment, travel, site clean up and demobilisation	$17,000
Sub Surface Drainage	Supply and installation of connected storm water system	$10,000
Base course materials	Supply of base course materials (Road Base or equiv min spec)	$49,500
Asphalt	Supply and installation of asphalt (45mm AC 10)	$52,500
Plant and equipment	Hire of plant and equipment including tracked skid steer, excavator, trench compactor, compactors	$18,000
Labour	Labour for drainage, earthworks, shaping, watering, compaction	$26,000
Project Management	Design and construction project management / site management	$7,000
Contingency		$10,000
	Total cost	$200,000

Summary

The CSRFF Project Assessment process requires the LGA to rank, in order of priority, all applications received under each funding stream. The four applications received from within the Shire of Broome for this round of funding are all worthy projects that have an identified need for them to proceed.

Annual/Forward Planning Grants

Overall, the Broome Surf Life Saving Club is considered the priority project for the region due to the condition of the existing building and the need for repair/works. The project has already had funding committed from Lottery West, KDC and cash and in kind from the Shire. Therefore, it is recommended that Council identify this as the priority one project for the Shire for the Annual/Forward Planning Grants.

The Broome Bowling Club is recommended as the second priority as the project is needed to ensure the continuity of the Club and the facility. The synthetic green is vital infrastructure for the Club to continue and if it fails makes the Club unviable and unable to operate.

Small Grants

The Broome Golf Club planning studies are required to get the redevelopment of the clubhouse to a point at which funding can be sourced and the project can commence. The existing club house is in a very important location and is an important piece of infrastructure for the town, and so it is recommended that it is ranked as the priority one for the Small Grants.

The Shire of Broome’s BRAC 1 Youth Precinct is able to be staged. Also, due to the fact that additional funding is unlikely to be available until a later date through other agencies, it is recommended that this project is ranked in second place. While the development of the Precinct is important, these works are not replacing existing facilities that are showing signs of age and deterioration like the other projects. Therefore, while this project is very important and worthwhile, it is not recommended that it be ranked as highly as the other Small Grant application submitted.

CONSULTATION

Broome Surf Life Saving Club

Extensive consultation has been undertaken throughout the process of preparing the current and the previous grant applications between the Club, the Shire and Council, DLGSCI and Lottery West. The Club has received several of letters of support from community groups for this project. These letters are contained within the grant application shown in Attachment 1.

Broome Bowling Club

The Bowling Club has satisfied the consultation requirements of the CSRFF having discussed their project with DLGSCI, Shire of Broome and Bowls WA. While not affiliated with Bowls WA as this organisation does not service remote areas, the Club has still ensured that they are aware of their plans and the need for the project to proceed.

Broome Golf Club

Extensive community engagement was undertaken in collaboration with the Shire of Broome through the form of a stakeholder/member survey. The results indicated that there is significant appetite for redevelopment of the clubhouse facilities. There has been significant discussion and consultation regarding this project with high level Shire of Broome staff and elected members, and State Government agencies.

BRAC 1 Youth Bike Precinct

During the development of the BRAC 1 Youth Precinct Masterplan, 12 workshops were held with key stakeholders including Shire of Broome officers and representatives from the DLGSCI, Broome Boulevard Shopping Centre and Broome International Airport.

There was a specific focus on youth engagement, including consultation with:

· Shire of Broome Youth Advisory Council.

· Broome Girls Academy.

· Broome Sports Association’s Talent Development Program.

· North West Regional TAFE’s Sport and Recreation students.

· Two Broome Senior High School outdoor recreation classes.

· Two St Mary’s Secondary College outdoor recreation classes.

The above is in addition to the 21 attendees the Community Workshop in March 2017, and the 35 responses received during the four week public comment period for the draft Masterplan.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Broome Surf Life Saving Club

The financial implications for the Shire of Broome for this project are as per Council resolution 9.2.4 – OMC 15 December 2016, and summarised as below:

Item	Shire Contribution
Building approval	$5,333
Development Approval	$13,771
Estimated Waste Transfer Facility fees (calculated at 80m3)	$4,240
Disability access ramp at surf club	$70,000
Pathway - Access bridge to shower/top of stairs	$20,000
Peppercorn lease (estimated)	$20,000
Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)	$32,551
Cash Contribution (based on 50% Building Renewal of existing building)	$76,116
Total	$242,011

Broome Bowling Club

Nil financial implications for Shire of Broome.

Broome Golf Club

The financial implications for the Shire of Broome for this project is as per the Golf Club’s successful funding applications to the Shire’s Community Sponsorship Program (Council resolution 9.1.4 – OMC April 2017). The Club was successful in receiving grants of $5,000 through the Community Sponsorship Program under both the Annual Grants stream, and the Energy Development Limited (EDL) West Kimberley Community Donations stream.

	Sponsorship category	Allocation	GL account
1	Community Sponsorship Program	$5,000	22172
2	EDL West Kimberley Community Donations	$5,000	22173

BRAC 1 Youth Bike Precinct

To leverage funds from the CSRFF, the Shire needs to contribute at least 50% of the $200,000 project cost. There is currently $159,870 allocated to the BRAC 1 Youth Precinct.

The intended funding strategy was budgeted as follows:

Project	Funds
Muni funds	$34,870
Department of Sport and Recreation	$45,000
Lottery West	$60,000
In kind	$20,000
BRAC 1 Youth Bike Precinct	$159,870

With the unlikelihood of Lottery West funds becoming available until other funded projects in the region are further progressed, and DLGSCI not funding trails, to proceed with installation of the pump track component only the funding strategy is proposed as follows:

Shire/Local contribution	$100,000
Dept Local Govt, Sport & Cultural Industries	$100,000
Total project cost	$200,000

The Shire/local contribution is now proposed to consist of the amounts shown below:

Project	Funds
Muni funds	$85,000
In kind	$15,000
Total	$100,000

This strategy will require the following FACR amendments to the 2017/18 budget:

Account	Detail	Current budget	Proposed budget
1181420.34	Youth Bike Recreation Area	$159,870	$200,000
113403.10	Other Rec & Sport - Grants operating	$(3,605,000)	$(3,600,000)
113403.12	Other Rec & Sport – Dev contributions	$(20,000)	$(15,000)

There is also the potential for officers to apply for additional funding and seek increased in kind contributions to reduce the financial cost to Council. This will be ongoing as the project planning progresses.

RISK

Risk	Risk rating	Mitigation
Broome Surf Club is unsuccessful in their application and jeopardises funding already received.	Medium	Rank as priority project for the Shire of Broome and lobby for successful application.
Broome Bowling Club is unsuccessful in their application and aging infrastructure unable to be replaced.	Medium	Rank highly as Shire of Broome priority project, and if unsuccessful assist with resubmitted application in 2018.
BRAC 1 Youth Precinct application is unsuccessful in receiving funding, postponing implementation of stage 1 of masterplan resulting in community frustration at lack of progress.	Medium	Research and identify alternative options for funding from other agencies to enable activation of the space.

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

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

A unique natural environment for the benefit and enjoyment of current and future generations

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 P Matsumoto Seconded: Cr M Fairborn

That Council:

1. Recommends the following applications to the Department of Local Government, Sport and Cultural Industries Community Sporting and Recreation Facilities Fund 2018/19 for funding and be prioritised as follows:

Annual/Forward Planning Grants

Applicant

Project Funding

Priority

Broome Surf Life Saving Club

(Well planned and needed by Municipality)

One

Broome Bowling Club

(Well planned and needed by Municipality)

Two

Small Grants

Applicant

Project Funding

Priority

Broome Golf Club

(Well planned and needed by Municipality)

One

Shire of Broome

(Well planned and needed by Municipality)

Two

2. Requests that the Chief Executive Officer inform the Department of Local Government, Sport and Cultural Industries of Council’s decision in accordance with point 1 above.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Broome Surf Life Saving Club - CSRFF Application (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
2.	Broome Bowling Club - CSRFF Application (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
3.	Broome Golf Club - CSRFF Application (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
4.	Shire of Broome, BRAC 1 Precinct - CSRFF Application

LOCAL GOVERNMENT ACT 1995 SHIRE OF BROOME

PARKING AND PARKING FACILITIES LOCAL LAW 2012

Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Broome resolved on 14 June 2012 to make the following local law.

Part 1 – Definitions and Operation

1.1 Title

This local law may be cited as the Shire of Broome Parking and Parking Facilities Local Law 2012.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Definitions

In this local law unless the context otherwise requires –

Act means the Local Government Act 1995;

authorised person means a person appointed by the local government under section 9.10 of the Act, to perform any of the functions of an authorised person under this local law;

authorised vehicle means a vehicle authorised by the local government, CEO, authorised person or by any written law to park on a thoroughfare or parking facility; bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor) —

(a) including a pedicab, penny-farthing and tricycle; but

(b) not including a wheelchair, wheeled recreational device, wheeled toy, scooter or a power-assisted pedal cycle (if the motor is operating);

bicycle path has the meaning given to it by the Code;

built-up area has the meaning given to it by the Code;

bus means a motor vehicle, built mainly to carry people, that seats over 12 adults (including the driver);

bus embayment means an embayment at the side of a carriageway, designed so that a public bus can be driven into it, for the purpose of allowing passengers to alight or enter, without impeding the flow of traffic on that carriageway, but does not include a bus lane;

bus stop means a length of carriageway commencing 20 metres on the approach side of, and ending 10 metres on the departure side of, a post indicating that public buses stop at that point;

bus zone has the meaning given to it by the Code;

caravan has the same meaning given to it by the Caravan Parks and Camping Grounds Act 1995;

carriageway means –

(a) a portion of thoroughfare that is improved, designed or ordinarily used for vehicular traffic and includes the shoulders and areas, including embayments, at the side or centre of the carriageway, used for the stopping or parking of vehicles; and

(b) where a thoroughfare has two or more portions divided by a median strip, the expression means each portion, separately;

centre in relation to a carriageway, means a line or a series of lines, marks or other indications –

(a) for a two-way carriageway – placed so as to delineate vehicular traffic travelling in different directions; or

(b) in the absence of any such lines, marks or other indications – the middle of the main, travelled portion of the carriageway;

children’s crossing has the meaning given to it by the Code; CEO means the Chief Executive Officer of the local government; Code means the Road Traffic Code 2000;

commercial vehicle means a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers, and includes any motor vehicle that is designed primarily for the carriage of persons but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose;

Council means the Council of the Shire of Broome;

district means the district of the local government;

driver means any person driving or in control of a vehicle;

edge line for a carriageway means a line marked along the carriageway at or near the far left or the far right of the carriageway;

emergency vehicle has the meaning given to it by the Code;

footpath means an area that is open to the public that is designated for, or has as one of its main uses, use by pedestrians;

GVM (which stands for “gross vehicle mass”) has the meaning given to it by the Code; loading zone means a parking stall which is set aside for use by commercial vehicles if there is a sign referable to that stall marked “Loading Zone”;

local government means the Shire of Broome;

local government property means anything —

(a) which belongs to, is owned by or is under the care, control and management of the local government;

(b) which is an “otherwise unvested facility within section 3.53 of the Act; or

mail zone has the meaning given to it by the Code;

median strip means any physical provision, other than lines, dividing a road to separate vehicular traffic proceeding in opposing directions or to separate 2 one-way carriageways for vehicular traffic proceeding in opposing directions;

motorcycle means a motor vehicle that has 2 wheels and includes —

(a) a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; and

(b) a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels,

but does not include any trailer;

motor vehicle means a self-propelled vehicle that is not operated on rails; and the expression includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not include a power assisted pedal cycle or motorised scooter;

motorised scooter has the meaning given to it by the Code;

no parking area means —

(a) a portion of carriageway to which a no parking sign applies; or

(b) an area to which a no parking sign applies;

no parking sign means a sign with the words “no parking” in red letters on a white background, or the letter “P” within a red annulus and a red diagonal line across it on a white background;

no stopping area means —

(a) a portion of carriageway to which a no stopping sign applies; or

(b) an area to which a no stopping sign applies;

no stopping sign means a sign with the words “no stopping” or “no standing” in red letters on a white background or the letter “S” within a red annulus and a red diagonal line across it on a white background;

occupier has the meaning given to it by the Act;

owner –

(a) where used in relation to a vehicle licensed under the Road Traffic Act, means the person in whose name the vehicle has been registered under the Road Traffic Act;

(b) where used in relation to any other vehicle, means the person who owns, or is entitled to possession of that vehicle; and

park means to permit a vehicle, whether attended or not by any person, to remain stationary except for the purpose of –

(a) avoiding conflict with other traffic;

(b) complying with the provisions of any law; or

parking area means —

(a) a portion of carriageway to which a permissive parking sign applies; or

(b) an area to which a permissive parking sign applies;

parking facilities includes land, buildings, shelters, metered zones, metered spaces, parking stalls and other facilities open to the public generally for the parking of vehicles with or without charge and signs, notices and facilities used in connection with the parking of vehicles;

parking meter includes the stand on which the meter is erected and a ticket issuing machine;

parking region means the area described in Schedule 1;

parking stall means a section or part of a thoroughfare or of a parking facility which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked, but does not include a metered space;

pedestrian crossing has the meaning given to it by the Code;

public place means any thoroughfare or local government property;

Road Traffic Act means the Road Traffic Act 1974; Schedule means a Schedule to this local law; scooter has the meaning given to it by the Code;

shared zone means the network of roads in an area with —

(a) a “shared zone” sign on each road into the area, indicating the same number; and

(b) an “end shared zone” sign on each road out of the area;

sign includes a traffic sign, inscription, road marking, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols, and which is placed on or near a thoroughfare or within a parking facility or local government property for the purpose of prohibiting, regulating, guiding, directing or restricting the parking of vehicles;

special purpose vehicle has the meaning given to it by the Code;

stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or of complying with the provisions of any law;

symbol includes any symbol specified by Australian Standard 1742.11-1999 and any symbol specified from time to time by Standards Australia for use in the regulation of parking and any reference to the wording of any sign in this local law shall be also deemed to include a reference to the corresponding symbol;

taxi means a taxi within the meaning of the Taxi Act 1994 or a taxi-car in section 47Z of the Transport Co-ordination Act 1966;

taxi zone has the meaning given to it by the Code;

thoroughfare means a road or other thoroughfare including parking areas, structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end;

ticket issuing machine means a parking meter which issues, as a result of money being inserted in the machine or such other form of payment as may be permitted to be made, a ticket showing the period during which it is lawful to remain parked in a metered space to which the machine is referable;

traffic island means any physical provision, other than lines, marks or other indications on a carriageway, made at or near an intersection, to guide vehicular traffic;

trailer means any vehicle without motive power of its own, designed for attachment to a motor vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle or a side car;

vehicle includes –

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

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

verge means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line but does not include a footpath; wheeled recreational device has the meaning given to it by the Code; and wheeled toy has the meaning given to it by the Code.

1.4 Repeal

The Shire of Broome Local Laws Relating to Parking and Use of Vehicles 2003 as published in the Government Gazette on 5 March 2004 and as amended and published in the Government Gazette on 8 June 2007 is repealed.

1.5 Application of particular definitions

(1) For the purposes of the application of the definitions no parking area and parking area, an arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be pointing in the direction in which it would point, if the signs were turned at an angle of less than 90 degrees until parallel with the boundary.

(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and that term is defined in the Road Traffic Act or in the Code, then the term has the meaning given to it in that Act or the Code.

1.6 Application

(1) Subject to subclause (2), this local law applies to the parking region.

(2) This local law does not apply to a parking facility that is not occupied by the local government, unless the local government and the owner or occupier of that facility have agreed in writing that this local law will apply to that facility.

(3) The agreement referred to in subclause (2) may be made on such terms and conditions as the parties may agree.

(4) The provisions of Parts 2, 3, and 4 do not apply to a bicycle parked at a bicycle rail or bicycle rack.

1.7 Pre-existing signs

(1) A sign that –

(a) was erected by the local government or the Commissioner of Main Roads prior to the coming into operation of this local law; and

(b) relates to the parking of vehicles within the parking region, is deemed for the purposes of this local law to have been erected by the local government under the authority of this local law.

(2) An inscription or symbol on a sign referred to in subclause (1) operates and has effect according to its tenor, and where the inscription or symbol relates to the stopping of vehicles, it is deemed for the purposes of this local law to operate and have effect as if it related to the parking of vehicles.

1.8 Classes of vehicles

For the purpose of this local law, vehicles are divided into classes as follows –

(a) buses;

(b) commercial vehicles;

(d) taxis; and

(e) all other vehicles.

1.9 Part of thoroughfare to which sign applies

Where under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign must be read as applying to that part of the thoroughfare which –

(a) lies beyond the sign;

(b) lies between the sign and the next sign beyond that sign; and

1.10 Powers of the local government

The Council may, by resolution, prohibit or regulate by signs or otherwise, the stopping or parking of any vehicle or any class of vehicles in any part of the parking region but must do so consistently with the provisions of this local law.

Part 2 – Parking Stalls and Parking Facilities

2.1 Determination of parking stalls and parking facilities

(1) The Council may by resolution constitute, determine and vary –

(a) parking stalls;

(b) parking facilities;

(d) permitted classes of vehicles which may park in parking stalls and parking facilities;

(e) permitted classes of persons who may park in specified parking stalls or parking facilities; and

(f) the manner of parking in parking stalls and parking facilities.

(2) Where the Council makes a resolution under subclause (1) it will erect signs to give effect to the determination.

2.2 Vehicles to be within parking stall on a thoroughfare

(1) Subject to subclauses (2), (3) and (4), a person must not park a vehicle in a parking stall in a thoroughfare otherwise than –

(a) parallel to and as close to the kerb as is practicable;

(b) wholly within the stall; and

(2) Subject to subclause (3), where a parking stall in a thoroughfare is set out otherwise than parallel to the kerb, then a person must park a vehicle in that stall wholly within it.

(3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person parking the vehicle must do so within the minimum number of parking stalls needed to park that vehicle.

(4) A person must not park a vehicle partly within and partly outside a parking area.

2.3 Payment of fee to park in a parking facility

A person must not park a vehicle or permit a vehicle to remain parked in any parking facility during any period for which a fee is payable unless –

(a) in the case of a parking facility having an authorised person on duty, the appropriate fee is paid when demanded; or

(b) in the case of a parking facility equipped with parking meters, the appropriate fee is inserted in the meter or the required payment is made in such other form as may be permitted.

2.4 Suspension of parking facility restrictions

The Council may by resolution declare that the provisions of clause 3.3 do not apply during periods on particular days in relation to particular parking facilities as specified in such resolution.

2.5 Vehicle not to be removed until fee paid

A person must not remove a vehicle which has been parked in a parking facility until the appropriate fee has been paid for the period for which the vehicle has been parked.

2.6 Entitlement to receipt

A person paying a fee at a parking facility is entitled to receive a receipt on demand showing the period of parking covered by such payment.

2.7 Parking ticket to be clearly visible

A driver of a vehicle in a parking facility which is equipped with a ticket issuing machine must on purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a position that the ticket is clearly visible to and the expiry time or time for which the ticket remains valid is able to be read by an authorised person examining the ticket from outside the vehicle.

2.8 Parking prohibitions and restrictions

(1) A person must not –

(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking facility, or an access way within a parking facility;

(b) except with the permission of the local government or an authorised person, park a vehicle on any part of a parking facility contrary to a sign referable to that part;

(c) permit a vehicle to park on any part of a parking facility, if an authorised person directs the driver of such vehicle to move the vehicle; or

(d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked, but this paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked “M/C”, if the bicycle is parked in accordance with subclause (2).

(2) A person must not park any bicycle –

(a) in a parking stall other than in a stall marked “M/C”; and

(b) in such stall, other than against the kerb.

Part 3 – Parking Generally

3.1 Restrictions on parking in particular areas

(1) A person must not park a vehicle in a thoroughfare or part of a thoroughfare, or part of a parking facility –

(a) if by a sign it is set apart for the parking of vehicles of a different class;

(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or

(2) A person must not park a vehicle –

(a) in a no parking area;

(b) in a parking area, except in accordance with both the signs associated with the parking area and with this local law;

(3) A person must not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall not marked “M/C”, except where there are no stalls marked “M/C” within 500 metres of the parking stall.(4) A person must not, without the prior permission of the local government, the CEO, or an authorised person, park a vehicle in an area designated by a sign stating “Authorised Vehicles Only”.

3.2 Parking vehicle on a carriageway

(1) A person parking a vehicle on a carriageway other than in a parking stall must park it –

(a) in the case of a two-way carriageway, so that it is as near as practicable to, and parallel with, the left boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked;

(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked;

(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the farther boundary of the carriageway, or any continuous line or median strip, or between the vehicle and a vehicle parked on the farther side of the carriageway;

(d) so that the front and the rear of the vehicle respectively is not less than 1 meter from any other vehicle, except a motorcycle without a trailer or a bicycle parked in accordance with this local law; and

(e) so that it does not obstruct any vehicle on the carriageway,

unless otherwise indicated on a parking regulation sign or markings on the carriageway.

(2) In this clause continuous dividing line means –

(a) a single continuous dividing line only;

(b) a single continuous dividing line to the left or right of a broken dividing line; or

3.3 When parallel and right-angled parking apply

Where a traffic sign associated with a parking area is not inscribed with the words “angle parking”, or with an equivalent symbol depicting this purpose, then unless a sign associated with the parking area or marks on the carriageway indicate that vehicles have to park in a different position, then –

(a) where the parking area is adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area must park it as near as practicable to and parallel with that boundary; and

(b) where the parking area is at or near the centre of the carriageway, a person parking a vehicle in that parking area must park it at approximately right angles to the centre of the carriageway.

3.4 When angle parking applies

(1) This clause does not apply to –

(a) a passenger vehicle or a commercial vehicle with a mass, including any load, of over 3 tonnes; or

(b) a person parking either a motor cycle without a trailer or a bicycle.

(2) Where a sign associated with a parking area is inscribed with the words “angle parking” or with an equivalent symbol depicting this purpose, a person parking a vehicle in the area must park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the parking sign or by marks on the carriageway.

3.5 General prohibitions on parking

(1) This clause does not apply to a vehicle parked in a parking stall or to a bicycle in a bicycle rack.

(2) Subclauses (3)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.

(3) Subject to any law relating to intersections with traffic control signals, a person must not park a vehicle so that any portion of the vehicle is –

(a) between any other stationary vehicles and the centre of the carriageway;

(b) on or adjacent to a median strip;

(c) obstructing a right of way, private driveway or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private driveway or carriageway;

(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic;

(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;

(f) on any footpath or pedestrian crossing;

(g) between the boundaries of a carriageway and any double longitudinal line consisting of 2 continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line;

Example

Parallel parking – minimum distance from other vehicles and dividing strip

In the example, the vehicles marked with an “X’ are parked in contravention of clause 3.5(3).

(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway;

(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug;

(j) within 3 metres of a public letter pillar box located on a thoroughfare, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box; or

(k) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare on the side on which the vehicle is parked, unless a sign or markings on the carriageway indicate otherwise.

Example

Measurement of distance – T-intersection without traffic lights

(4) A person must not park a vehicle so that any portion of the vehicle is within 10 metres of the departure side of –

(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here”, or with equivalent symbols depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers; or

(b) a children’s crossing or pedestrian crossing.

(5) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of the approach side of –

(b) a children’s crossing or pedestrian crossing.

Example 1

Measurement of distance – children’s crossing

Example 2

Measurement of distance – pedestrian crossing

(6) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either the approach side or the departure side of the nearest rail of a railway level crossing

Example

Measurement of distance – level crossing

(7) A person shall not park on a verge unless that portion of the verge has been approved in writing by the local government as a parking area.

Subclause (7) does not apply to a verge adjacent to a premises zoned industry, light and service industry or residential under the local planning scheme if the person is the owner or occupier of the premises adjacent to that portion of the verge, or is a person authorised by the occupier to park on that portion of the verge.

3.6 Authorised person may order vehicle on thoroughfare to be moved

The driver of a vehicle must not park that vehicle on any part of a thoroughfare in contravention of this local law after an authorised person has directed the driver to move it.

3.7 Authorised person may mark the tyres of a vehicle

(1) An authorised person may mark the tyres of a vehicle parked in a parking stall or parking facility with chalk or any other non-indelible substance for a purpose connected with or arising out of his or her duties or powers.

(2) A person must not remove a mark made by an authorised person so that the purpose of the affixing of such a mark is defeated or likely to be defeated.

3.8 No movement of vehicles to avoid time limitation

(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person must not move a vehicle within the parking facility so that the total time of parking exceeds the maximum time allowed for parking in the parking facility.

(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not move a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time permitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours.

3.9 No parking of vehicles exposed for sale and in other circumstances

A person must not park a vehicle on any portion of a thoroughfare –

(a) for the purpose of exposing it for sale;

(b) if that vehicle is not licensed under the Road Traffic Act;

(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the vehicle to be moved to a place other than a thoroughfare.

3.10 Parking on private land

(1) In this clause a reference to “land” does not include land –

(a) which is local government property;

(b) which is the subject of an agreement referred to in subclause 1.6(2); or

(2) A person must not park a vehicle on land without the consent of the owner or occupier of the land on which the vehicle is parked.

(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to the parking of vehicles of a specified class or classes on the land for a limited period, a person must not park a vehicle on the land otherwise than in accordance with the consent.

3.11 Parking on local government property

No person other than an employee of the local government in the course of his or her duties or a person authorised by the local government shall drive or park a vehicle upon or over any portion of a local government property other than upon an area specifically set aside for that purpose.

3.12 Suspension of parking limitations for urgent, essential or official duties

(1) Where, by a sign, the parking of vehicles is permitted for a limited time on a portion of a thoroughfare or parking facility, the local government, the CEO or an authorised person may permit a person to park a vehicle in that portion of the thoroughfare or parking facility for longer than the permitted time in order that the person may carry out urgent, essential or official duties.

(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised person may prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to which the permission relates, for the duration of that permission.

Part 4 – Parking and Stopping Generally

4.1 No stopping and no parking signs, and yellow edge lines

(1) A driver shall not stop on a length of carriageway, or in an area, to which a no stopping sign applies.

(2) A driver must not stop on a length of carriageway or in an area to which a no parking sign applies, unless the driver –

(a) is dropping off, or picking up, passengers or goods;

(b) does not leave the vehicle unattended; and

(3) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.

(4) In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.

Part 5 – Stopping in Zones for Particular Vehicles

5.1 Stopping in a loading zone

A person must not stop a vehicle in a loading zone unless it is –

(a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting down of goods; or

(b) a motor vehicle taking up or setting down passengers,

but, in any event, must not remain in that loading zone –

(d) longer than 30 minutes if no time is indicated on the sign.

5.2 Stopping in a taxi zone or a bus zone

(1) A driver must not stop in a taxi zone, unless the driver is driving a taxi.

(2) A driver must not stop in a bus zone, unless the driver is driving a public bus, or a bus of a type that is permitted to stop at the bus zone by information on or with the “bus zone” sign applying to the bus zone.

5.3 Stopping in a mail zone

A person must not stop a vehicle in a mail zone.

5.4 Other limitations in zones

A person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed, as indicated by additional words on a traffic sign that applies to the zone.

Part 6 – Other Places Where Stopping is Restricted

6.1 Stopping in a shared zone

A driver must not stop in a shared zone unless –

(a) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law;

(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law;

(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste or garbage.

6.2 Double parking

(1) A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle and the centre of the carriageway.

(2) This clause does not apply to –

(a) a driver stopped in traffic; or

(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in accordance with this local law.

Examples

Example 1

In example 1, the vehicle “B” is stopped in contravention of clause 6.2(1).

Example 2

In example 2, the angle parked vehicles are not stopped in contravention of this clause.

6.3 Stopping near an obstruction

A driver must not stop on a carriageway near an obstruction on the carriageway in a position that further obstructs traffic on the carriageway.

6.4 Stopping on a bridge or in a tunnel, etc.

(1) A driver must not stop a vehicle on a bridge, causeway, ramp or similar structure unless –

(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or

(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

Example

Stopping on a bridge where the carriageway on the bridge is narrower than on an approach

In the example the vehicle is stopped in contravention of clause 6.4(1).

(2) A driver must not stop a vehicle in a tunnel or underpass unless –

(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or

(b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on the carriageway, for the purpose of setting down or taking up passengers.

6.5 Stopping on crests, curves, etc.

(1) Subject to subclause (2), a driver must not stop a vehicle on, or partly on, a carriageway in any position where it is not visible to the driver of an overtaking vehicle from a distance of 50 metres within a built-up area and from a distance of 150 metres outside a built-up area.

(2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver stops at a place on the carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

6.6 Stopping near a fire hydrant etc.

(1) A driver must not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless –

(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does not leave the bus unattended; or

(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi unattended.

Examples

Fire hydrant indicators

Fire plug indicator

(2) In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.

6.7 Stopping at or near a bus stop

(1) A driver must not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless –

(a) the vehicle is a public bus stopped to take up or set down passengers; or

(b) the driver stops at a place on a length of carriageway or in an area to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

(2) In this clause –

(a) distances are measured in the direction in which the driver is driving; and

(b) a trailer attached to a public bus is deemed to be a part of the public bus.

6.8 Stopping on a path, median strip, or traffic island

The driver of a vehicle (other than a bicycle or an animal) must not stop so that any portion of the vehicle is on a footpath, traffic island or median strip, unless the driver stops in an area to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

6.9 Stopping on verge

(1) A person must not –

(a) stop a vehicle other than a bicycle;

(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or

(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge,

so that any portion of it is on a verge.

(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle so that any portion of it is on the verge.

(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a footpath.

6.10 Obstructing access to and from a footpath, driveway, etc.

(1) A driver must not stop a vehicle so that any portion of the vehicle is in front of a footpath or in a position that obstructs access by vehicles or pedestrians to or from that footpath, unless –

(a) the driver is dropping off, or picking up, passengers; or

(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law.

(2) A driver must not stop a vehicle on or across a driveway or other way of access for vehicles travelling to or from adjacent land, unless –

(a) the driver is dropping off, or picking up, passengers; or

(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law.

Example

Blocking a driveway

In the example, the vehicle marked with an ‘X’ is stopped in contravention of clause 6.10(2).

6.11 Stopping near a letter box

A driver must not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter pillar box, unless the driver –

(a) is dropping off, or picking up, passengers or mail; or

(b) stops at a place on a length of carriageway or in an area to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

6.12 Stopping on a carriageway – heavy and long vehicles

(1) A person must not park a vehicle or any combination of vehicles that, together with any projection on, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds a GVM of 4.5 tonnes –

(a) on a carriageway in a built-up area for any period exceeding 1 hour, unless engaged in the picking up or setting down of goods; or

(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway or in a truck bay or other area set aside for the parking of goods vehicles.

Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.

6.13 Stopping on a carriageway with a bicycle parking sign

The driver of a vehicle, other than a bicycle, must not stop on a length of carriageway to which a “bicycle parking” sign applies, unless the driver is dropping off or picking up passengers.

6.14 Stopping on a carriageway with motor cycle parking sign

The driver of a vehicle must not stop on a length of carriageway or in an area to which a “motor cycle parking” sign applies, or an area marked “M/C” unless –

(a) the vehicle is a motor cycle; or

(b) the driver is dropping off, or picking up, passengers.

Part 7 – Miscellaneous

7.1 Removal of notices on vehicle

A person, other than the driver of the vehicle or a person acting under the direction of the driver of the vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person.

7.2 Unauthorised signs and defacing of signs

A person must not, without the authority of the local government –

(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited by the local government under this local law;

(b) remove, deface or misuse a sign or property, set up or exhibited by the local government under this local law, or attempt to do any such act; or

(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set up or exhibited by the local government under this local law.

7.3 Signs must be complied with

An inscription or symbol on a sign operates and has effect according to its tenor and a person contravening the direction on a sign commits an offence under this local law.

7.4 General provisions about signs

(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence of evidence to the contrary, presumed to be a sign marked, erected, set up, established or displayed under the authority of this local law.

(2) The first 3 letters of any day of the week when used on a sign indicate that day of the week.

7.5 Special purpose and emergency vehicles

Notwithstanding anything to the contrary in this local law, the driver of –

(a) a special purpose vehicle may, only in the course of his or her duties and when it is expedient and safe to do so, stop or park the vehicle in any place, at any time; and

(b) an emergency vehicle may, in the course of his or her duties and when it is expedient and safe to do so or where he or she honestly and reasonably believes that it is expedient and safe to do so, stop or park the vehicle at any place, at any time.

7.6 Vehicles not to obstruct a public place

(1) A person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place without the permission of the local government or unless authorised under any written law.

(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours.

Part 8 - Penalties

8.1 Offences and penalties

(1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

(2) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act.

(3) Any person who commits an offence under this local law will be liable, upon conviction, to a penalty not exceeding $1,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of a day during which the offence has continued.

(4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause.

8.2 Form of notices

For the purposes of this local law –

(a) the form of the notice referred to in section 9.13 of the Act is Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996;

(b) the form of the infringement notice referred to in section 9.17 of the Act is Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and

(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.

Minutes – Ordinary Meeting of Council 7 September 2017 Page 291 of 1404

9.2.3 ADOPTION OF THE BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN

LOCATION/ADDRESS: Broome Townsite

APPLICANT: Nil

FILE: PLA95.1; LPS6/5

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 June 2017

SUMMARY: In March 2017 Council resolved to advertise the draft Coastal Hazard Risk Management and Adaptation Plan for the Broome townsite (CHRMAP). The purpose of the CHRMAP is to systematically identify coastal inundation and erosion hazards across the Broome townsite, and put in place controls to manage and mitigate the risk in association with the community and stakeholders.

The draft CHRMAP was advertised for 46 days from 27 April 2017 to 12 June 2017. The Shire received a total of three submissions, none of which raised any objections.

This report recommends that Council adopt the Broome townsite CHRMAP.

BACKGROUND

Previous Considerations

OMC 30 June 2016 Item 9.2.2

OMC 25 August 2016 Item 9.2.2

OMC 30 March 2017 Item 9.2.1

OMC 30 March 2017 Item 9.2.2

Coastal Vulnerability Study

In 2013 the Shire commissioned consultants to undertake a Coastal Vulnerability Study (CVS) to investigate the combined potential impacts of storm surge, coastal inundation, tidal movement, shoreline stability, stormwater drainage and the interactions of surface and groundwater on the Broome townsite, including consideration of sea level rise. The CVS was comprised of 4 technical reports including:

· a storm tide and coastal inundation assessment;

· a hydraulic assessment which considered flooding from stormwater runoff;

· a hydro-geological assessment which considered the interaction between surface and groundwater; and

· a shoreline stability assessment, which considered coastal processes including sediment transport and produced hazard lines to measure shoreline changes over a 100 year planning timeframe.

The CVS also included inundation maps and coastal processes maps which visually depict the outcomes of the technical studies. This work provides the foundation for the Broome townsite Coastal Hazard Risk Management and Adaptation Plan (CHRMAP), however some refinements to the way the data is presented have been undertaken, as discussed in subsequent sections of this report. The CVS was formally received by Council in June 2016.

Amendment No. 5 to Local Planning Scheme No. 6 – Creation of a ‘Coastal Hazard Risk Area’ Special Control Area

‘Coastal Hazards’ generally include inundation from seawater (usually associated with storm surge) and coastal erosion. The extent which such hazards are likely to impact on land in Broome was considered in the CVS through the storm tide and coastal inundation assessment and the shoreline stability assessment.

In accordance with State Planning Policy 2.6 – State Coastal Planning Policy (SPP 2.6), land is considered to be ‘at risk of coastal hazards’ if in a 100 year timeframe (i.e. by 2110) it is subject to:

· The maximum extent of storm inundation, defined as the peak steady water level plus wave run-up, with the storm event based on ocean forces and coastal processes that have a 0.2 percent or one-in-five hundred year probability of being equalled or exceeded in any given year (1 in 500 year ARI); and/or

· Erosion based on:

o ‘S1’ – ocean forces and coastal processes from a tropical cyclone storm event which have a one percent or one-in-one hundred probability of being equalled or exceeded in any given year (1 in 100 year ARI);

o ‘S2’ – allowance for historic shoreline movement trends calculated by examining historical aerial photography;

o ‘S3’ – allowance for sea level rise, set as a default distance of 90m of shoreline recession based on a vertical sea level rise of 0.9m to 2110; and

o an uncertainty allowance, set at 0.2m a year.

It is noted that the formula for erosion set out above is based upon the coast in question being sandy, which was an assumption made in the CVS in determining the hazard lines, and may be conservative for coasts that are predominantly rocky or contain extensive mangrove cover.

In March 2017 Council resolved to support Scheme Amendment No. 5 (Amendment No. 5) to Local Planning Scheme No. 6 (LPS6) which would see all land that is considered to be at risk of coastal hazards included in a ‘Coastal Hazard Risk Area’ Special Control Area (SCA). The SCA is intended to provide clarity to officers, landowners, and the general public about where the requirements of SPP 2.6 apply. Whilst the extent of the proposed SCA are generally based on the findings of the CVS, a few refinements were made as follows:

· The coastal processes (erosion) line in the CVS only extends as far north as Gray Street. The Shire’s appointed consultants for the CHRMAP used the data obtained through the CVS to further extend this line around Dampier Creek to cover the entire study area.

· The coastal processes (inundation) maps in the CVS depict the combined level of inundation that is predicted from a 1 in 500 year ARI coastal inundation event and a 1 in 100 year ARI catchment flooding event (essentially, stormwater runoff as a result of a 1 in 100 year ARI rainfall event). This does not strictly meet the SPP 2.6 criteria as it includes areas that will only be impacted by overland flooding from stormwater runoff, rather than by coastal processes.

To separate the coastal and stormwater inundation extents, the Shire’s appointed consultants compared the outputs of the CVS modelling to the outputs of the District Stormwater Management Strategy, which considered overland flooding only. The difference between the two data sets was used to generate the extents of the SCA, as the area that would be affected by a 1 in 500 year ARI storm event. This approach was supported by staff from the Department of Planning (now Department Planning, Lands and Heritage (DPLH)) and Department of Transport.

The extent of the SCA is shown in Attachment 1. Amendment No. 5 will require Coastal Hazard Risk Management and Adaptation Planning (Adaptation Planning) to be undertaken in accordance with the methodology set out in SPP2.6 for all new non-exempt development in the SCA. The CHRMAP will provide direction for each coastal compartment in terms of Adaptation Planning and in many instances should be sufficient to fulfil this requirement. However it is envisaged that a further Local Planning Policy based on the CHRMAP will be developed to provide additional clarity for development assessment.

It is noted that the proposed SCA provisions allow for individual landowners to request variations to the CHRMAP on a case by case basis, should they demonstrate through an Adaptation Planning process an alternative solution that can satisfactorily manage the hazard risk. Council will have the right to refuse any such solution if it considers the adaptation strategies proposed will lead to adverse impacts on the occupiers or users of the development, the inhabitants of the locality, the functionality of any reserve in the locality or the likely future development of the locality.

Amendment No. 5 was supported by Council on 30 March 2017 and is currently under consideration from the Western Australian Planning Commission (WAPC).

COMMENT

The Broome townsite CHRMAP has been undertaken in accordance with the 2014 Coastal Hazard Risk Management and Adaptation Guidelines (CHRMAP Guidelines), SPP 2.6 and associated SPP 2.6 Guidelines.

Content of the CHRMAP

Clause 5.5 of SPP 2.6 states, with respect to Adaptation Planning:

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

The WAPC has provided detailed guidance into best practice Adaptation Planning through the CHRMAP Guidelines. The Broome townsite CHRMAP has been prepared in accordance with the CHRMAP Guidelines.

The following stages of Adaptation Planning are described in the CHRMAP Guidelines:

· Establish the Context – Outlines the framework for identifying and analysing the coastal hazard risks being considered.

· Identify the Risks – Provides an understanding of historical and potential impacts of erosion and storm surge inundation on the assets and their values, including impacts from climate change and associated sea level rise.

· Analyse the Risks – Considers the likelihood and consequence of the risks identified.

· Evaluate the Risks – Establishes a risk priority scale taking into account existing controls.

· Risk Management and Adaptation – Presents options for managing and/or adapting to risks and assesses these options.

· Monitor and Review – Sets out how the CHRMAP will remain current through regular monitoring and review.

· Communicate and Consult – Describes how the results of the CHRMAP will be distributed or publicised.

Each of the elements of the final draft Broome townsite CHRMAP is described in greater detail below. The draft Broome townsite CHRMAP is provided as Attachment 2 to this report.

Establish the Context

This section briefly describes the scope of the CHRMAP and study area, provides background about the community and stakeholder engagement process that has been undertaken and considers the existing corporate and land use planning frameworks. The CHRMAP separates the townsite into nine coastal compartments with similar geomorphological characteristics. Figure 1 below shows the various coastal compartments.

Figure 1 – Coastal Compartments

Identify the Risks

This section summarises the outcomes of the CVS with the refinements described in reference to Amendment No. 5 above. A series of maps are provided for each coastal compartment with hazard lines indicating the coastal processes allowance for erosion at a series of timescales – current risk, 2040, 2070 and 2110. For those compartments that will be impacted by coastal inundation (compartments 7-9 only), the maps also depict the extent and depth of a 1 in 500 year ARI storm surge event. The hazard maps further identify key assets located within each compartment and the report text summarises the timeframe in which these assets will be impacted by coastal hazards.

Analyse and Evaluate the Risks

This section discusses the likelihood that each coastal compartment will experience erosion and/or inundation over each planning period. It further provides a consequence scale, which categorises risks from ‘catastrophic’ to ‘insignificant.’ The consequence scale is depicted in Figure 2 below.

Figure 2 – Consequence Scale

The CHRMAP then provides an evaluation of risks for key assets in each compartment based on likelihood and consequence for the 2040, 2070 and 2110 timescales. The risk analysis for the CHRMAP concentrates on the most immediate planning period 2040, with consideration of the outcomes as far as the 2070 planning period. Through this approach the CHRMAP seeks to define what is critical for the Shire to consider currently and into the immediate future (approximately the next 25 years). The projected erosion and inundation for scenarios out to the 2110 planning period are recognised in Adaptation Planning recommendations for development controls and infrastructure over the longer term (2110) and are captured in the likelihood scales developed to assess the risk. The consequence of each risk has been informed by the community engagement undertaken in July – August 2106 as well as advice from Shire staff and the project Steering Committee.

Risk Management and Adaptation

This section sets out a preferred risk management and adaptation pathway for each coastal compartment using the hierarchy of ‘Avoid’, ‘Planned/Managed Retreat’, ‘Accommodate’ and ‘Protect’ set out in SPP 2.6 and visually depicted in Figure 3 below. The stages of the hierarchy are described in SPP 2.6 in the following way:

· Avoid the presence of new development within an area identified to be affected by coastal hazards;

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

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

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

Figure 3 – Adaptation Hierarchy, WAPC

Some coastal compartments have been broken down into sections with different pathways, and different pathways have been proposed for erosion and inundation in compartments affected by both hazard types. The proposed adaptation pathway(s) for each compartment is set out below.

Coastal Compartment	Adaptation Strategy Recommendations
Cable Beach	For areas north and south of central tourist area Planning Approach · Avoid. Any future planning approaches will need to be sited landward of the identified 2110 planning period coastal erosion hazard. For central section (Surf Club, Zanders café, Amphitheatre etc) Recommendations · Further studies on a coastal protection option for up to 500m of the main foreshore area is recommended and supported through the CHRMAP with a view to adopting a Protect strategy for this section of coast. Will require a detailed erodibility study to determine the underlying geotechnical properties of the foreshore beneath the dune. Following the erodibility assessment, requirement for concept engineering, consultation with community/stakeholders and further economic analysis of option/s. Planning Approach (general) · Avoid further development of vacant land within the identified coastal erosion hazard area for areas north and south of the central tourist hub; · Planned / Managed Retreat for existing assets located on land prone to coastal erosion within the 2110 planning timeframe for land not proposed to be protected by a seawall; and · Accommodate land uses exempted by Part 7 of SPP 2.6 Schedule 1 eg. Community use of foreshore. Planning Approach for areas behind a coastal protection structure (type of coastal protection, alignment and timing to be confirmed in future studies) · Protect existing assets through a coastal protection structure. Shire Structures · Managed Retreat for current structures and properties within the erosion hazard area.
Gantheaume Cliffs	Planning Approach · Avoid further development within the identified 2110 coastal erosion hazard on vacant land; and · Accommodate, Managed Retreat for existing assets located on land prone to coastal erosion within the 2110 planning timeframe (eg Broome Turf Club). Shire Structures in foreshore areas · Managed Retreat for coastal structures and roads.
Reddell Beach	Planning Approach · Avoid further development within the identified 2110 coastal erosion hazard on vacant land; and · Accommodate, Managed Retreat for existing assets located on land prone to coastal erosion within the 2110 planning timeframe. Shire Structures in foreshore areas · Managed Retreat for coastal structures and roads.
Entrance Point	Recommendations · Recommended the Kimberley Port Authority undertake a detailed erodibility study to determine the underlying geotechnical properties of the foreshore area. Planning Approach · Avoid further development within the identified 2110 coastal erosion hazard on vacant land; and · Accommodate, Managed Retreat for existing assets located on land prone to coastal erosion within the 2110 planning timeframe. Shire Structures in foreshore areas · Managed Retreat for coastal structures and roads.
Simpsons Beach	Planning Approach · Avoid further development within the identified 2110 coastal erosion hazard on vacant land; and · Accommodate, Managed Retreat for existing assets located on land prone to coastal erosion within the 2110 planning timeframe. Shire Structures in foreshore areas · Managed Retreat for coastal structures.
Town Beach	Recommendations · Further studies on construction of the Town Beach revetment (engineering, environmental and local stakeholder issues); · Develop an appropriate Emergency Response Plan for the Roebuck Bay caravan park; · Undertake a foreshore management plan; and · Investigate remediation of the dune in front of the properties in Demco Drive. Planning Approach · Accommodate developable land located on land prone to coastal erosion within the 2110 planning timeframe; · Accommodate Land uses exempted by Part 7 of SPP 2.6 Schedule 1 eg. Community use of foreshore; and · Protect existing assets through a coastal protection structure for areas landward of the planned revetment / seawall north of old jetty area. Shire Structures in foreshore areas · Managed Retreat for minor structures within the erosion hazard area; · Accommodate for minor structures in the defined storm surge inundation area; and · Protect Shire assets covered by the revetment / seawall at the eroding Pindan Cliff north of Old Jetty Groyne (Pioneer Cemetery, foreshore area in Town Beach Reserve).
Broome Central	Recommendations · A coastal protection structure to Protect Chinatown peninsula providing storm surge immunity and coastal erosion protection is supported through CHRMAP. Further studies required to determine type, alignment and timing. At latest the structure is assumed to be constructed for the 2070 planning period. Planning Approach · Accommodate developable land located on land prone to coastal erosion within the 2110 planning timeframe; · Accommodate land prone to storm surge flooding through Special Control Area and specific requirements for planning approval of properties within the defined storm surge inundation area; and · Accommodate Land uses exempted by Part 7 of SPP 2.6 Schedule 1 eg Community use of foreshore. For areas within the Chinatown peninsula · Protect Existing assets. Shire Structures in foreshore areas · Managed Retreat for minor structures within the erosion hazard area; and · Accommodate for minor structures in the defined storm surge inundation area.
Dampier Creek Inner	Planning Approach · Avoid further development within the identified 2110 coastal erosion hazard on vacant land; and · Accommodate land prone to storm surge flooding, through Special Control Area and specific requirements for planning approval of properties within. Shire Structures in foreshore areas · Managed Retreat for minor structures and properties within the erosion hazard area; and · Accommodate for minor structures in the defined storm surge inundation area.
Dampier Creek East	Planning Approach · Avoid further development within the identified 2110 coastal erosion hazard on vacant land; and · Avoid land prone to storm surge flooding. Shire Structures in foreshore areas · Managed Retreat for minor structures and properties within the erosion hazard area; and · Accommodate for minor structures in the defined storm surge inundation area.

For compartments or portions of compartments where ‘Accommodate’ is the preferred adaptation pathway, the CHRMAP recommends a series of development control measures to be further refined through a Local Planning Policy.

Potential development control measures for coastal inundation

The planning response for properties identified at risk of coastal inundation are as follows:

· Raising finished floor levels for all habitable rooms (dwellings) or net lettable area (commercial / retail / community buildings) to 500mm above the identified storm surge level. This can be done by:

o filling of the land, with up to 0.5m of fill permitted ‘as of right’ and fill between 0.5m and 1m considered on a case by case basis if there are no adverse amenity impacts on adjoining properties; or

o structural / building design responses (such as elevated ‘Queenslander’ style housing); or

o a combination of the two.

· Building design specifications including:

o designated construction materials;

o a requirement for the building design at ground level to be permeable to allow storm surge to flow through;

o non-habitable ground floors; and/or

o specifications relating to the siting and design of major services and fittings, such as electrical wiring.

· Requirements to prepare and implement site-specific emergency management plans.

· Requirements to place a Section 70A notification on titles to advise potential future purchasers of the presence of coastal hazards.

Potential development control measures for coastal erosion

In approving development on land identified as prone to coastal processes within the planning timeframe, the Shire may be inclined to impose conditions on the planning approval seeking the applicant indemnify the Shire against future actions, claims, demands or costs. For accommodation of erosion, Section 70A notifications are recommended to be placed on the titles of all lots at risk of coastal processes as a condition of planning approval, and this is an accepted practice recognised within SPP 2.6.

As part of adaptation approaches, it is recommended that the Shire develop a Local Planning Policy to outline how future development within the coastal hazard area will be assessed.

Monitoring and review

This section proposes a structured monitoring program to build on the data developed in the CVS and regularly assess the changes to the dunes, mangrove and pindan shorelines to track the rate of future erosion. It will identify the adaptive capacity of these systems through increasing the understanding of their response to future coastal pressures including climate change and sea level rise. Proposed monitoring actions include:

· Photo monitoring of the shoreline (which can be done in conjunction with community groups);

· A geotechnical assessment of Town Beach in the vicinity of the Roebuck Bay caravan park and Cable Beach dunes in the vicinity of the Surf Club, Zanders cafe, Amphitheatre;

· Assessment of the shoreline after large cyclones to note any significant changes and subsequent recovery. This can also include an assessment of if and how the mangrove system worked to attenuate waves and water levels; and

· Beach Transect survey at specific locations, to be undertaken by a surveyor and tied into local datum.

Indicative costs associated with these monitoring actions are outlined in the ‘Financial Implications’ section of this report. It is recommended that the CHRMAP be reviewed every five years to consider its effectiveness and applicability in response to changes that may occur in local understanding of the coast as well as policy changes which may occur at a State level with regard to coastal risk management.

Communication and consultation

A Community and Stakeholder Engagement Strategy (CSE Strategy) was prepared in the early stages of the project, endorsed by the Steering Committee and formally received by Council in June 2016. The CSE Strategy contained a number of actions that would engage the community in the preparation of the draft CHRMAP, which were completed and are summarised in the Outcomes Report which forms part of Attachment 2, as well as in the ‘Consultation’ section of this report.

The CSE Strategy also considered the level of communication and consultation that would be appropriate during public advertising and once the CHRMAP has been adopted. This is also detailed in the ‘Consultation’ section of this report. The CSE Strategy is included as Attachment 3.

Summary

Overall, the CHRMAP is considered to set out a clear pathway for adapting to coastal hazards in Broome over the next 5 to 10 years. The actions and adaptation options outlined are realistic and achievable, and establish a pathway for implementation to inform Council decision making into the future. Following the public comment period and review of the submissions some minor editorial adjustments have been made and in response to a submission, reference a landmark (Town Beach Jetty) has been updated. Therefore, it is recommended that Council adopt the Broome Townsite CHRMAP as contained in Attachment 2.

CONSULTATION

The CSE Strategy provided an engagement program to ensure the community has the opportunity to participate in the development of the draft CHRMAP. This included:

· Two Information Forums held in July 2016, which provided an overview of coastal planning policies in WA, the Broome Townsite CVS and the process for the Broome Townsite CHRMAP. The level of engagement for the Information Forums was set at ‘Inform’.

· Two Workshops held in August 2016, in which participants identified key coastal infrastructure and assets that hold economic, social and environmental value, discussed consequence scales for the identified coastal hazards, defined risk tolerances to the identified hazards and discussed adaptation options that could address the risks. The level of engagement for the Information Forums was set at ‘Involve’.

· Interested parties who could not attend the Information Forums and/or Workshops were encouraged to make contact with Shire officers to seek information and share their thoughts.

To publicise the Information Forums and Workshops, the Shire employed the following methods:

· Establishment of a dedicated CHRMAP webpage on the Shire’s website and CHRMAP email for project enquiries;

· Additional promotion though the ‘Latest News’ and ‘Have My Say’ sections of the website;

· Posts on the Shire’s Facebook page;

· Media Release and promotion in the ‘Shire News’ column (newspaper and email distribution);

· Interview with the Shire’s Director Development Services on ABC Radio;

· A poster displayed in the Shire Administration Office and Broome Public Library; and

· Letters of invitation including a FAQ Sheet sent to all landowners with property that will be affected by the CHRMAP and key stakeholder organisations.

Advertising of the Draft CHRMAP

The draft CHRMAP was adopted for the purposes of advertising on 30 March 2017. The extent of advertising included:

· Letters sent to affected landowners and key stakeholder organisations;

· Updating the CHRMAP webpage with a summary of the process so far, a link to the draft CHRMAP, submission form, and links to an online feedback form.

· Display of the draft CHRMAP at Shire Administration Office with submission and feedback forms.

· Advert in the local paper.

· Media release.

· Social media posts via the Shire’s Facebook Page.

A total of three submissions were received. Submitters included Department of Education, Roebuck Bay Caravan Park and member of the public. Minor editorial suggestions were identified but no objections were received. A Schedule of Submissions is provided in Attachment 4.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2 – Deemed Provisions

67. Matters to be considered by local government

In considering an application for development approval the local government is to have due regard to the following matters to the extent that, in the opinion of the local government, those matters are relevant to the development the subject of the application —

(c) any approved State planning policy;

(q) the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk;

(r) the suitability of the land for the development taking into account the possible risk to human health or safety

POLICY IMPLICATIONS

State Planning Policy 2.6

5.5 Coastal Hazard Risk Management and Adaptation Planning

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

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

(1) Avoid the presence of new development within an area identified to be affected by coastal hazards. Determination of the likely consequences of coastal hazards should be done in consideration of local conditions and in accordance with the guidelines provided in Schedule One.

(2) Planned or Managed Retreat or the relocation or removal of assets within an

area identified as likely to be subject to intolerable risk of damage from coastal hazards over the planning time frame.

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

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

(iv) Where new information or methods become available that significantly modify the understanding of the coastal hazards then all areas within the newly defined risk areas should be reviewed again through the coastal hazard risk management and adaptation planning hierarchy above, as part of the ongoing monitoring and review process.

5.6 Infill Development

(i) New development should be located on the least vulnerable portion of the development site.

(ii) Where development is likely to be subject to coastal hazards over the planning timeframe, coastal hazard risk management and adaptation planning measures (Section 5.5) should be implemented to reduce the risk from coastal hazards over the full planning time frame to an acceptable level.

5.7 Coastal Protection Works

(i) New coastal protection works are not permitted, except where such works are considered only after all other options for avoiding and adapting to coastal hazards have been fully explored, as part of a comprehensive coastal hazard risk management process.

(ii) Existing coastal protection works that require significant upgrade or maintenance over the planning timeframe should be considered as new coastal protection works, including consideration of the most appropriate form.

iii) Coastal protection works should only be supported:

(a) where it is demonstrated there are no significant negative impacts on the adjacent environment within the sediment cell; and

(b) in conjunction with appropriate funding arrangements for the construction and ongoing care, control and maintenance being put in place.

(iv) Coastal protection works, where necessary and justified should be:

(a) adequately considered and planned as part of making decisions about land use, subdivision and development within the coastal zone;

(b) primarily proposed in the public interest to ensure they maintain a coastal

foreshore reserve, public access, public amenity and public safety as well as to protect high value property and infrastructure that is not expendable; and

(v) evaluated at a sediment cell level and take into consideration the future protection requirements of adjoining development.

FINANCIAL IMPLICATIONS

The monitoring program set out in the CHRMAP is anticipated to have annual costs as set out below, leading to a total cost of $50,000 over 5 years:

CHRMAP Monitoring	Lifecycle Cost (Annual)	Remarks
Year 1	$12,000	Annual Monitoring programme to include: · Photo monitoring program – Coastal Compartments 1 to 6 · Shoreline Transect Survey · Site specific investigations at critical risk locations · Shoreline movement assessment from aerial photogrammetry · Mangrove Coverage Assessment from Aerials Compartments 6 to 9 · Report of findings.
Year 2	$8,000	Same as Year 1 without mangrove coverage assessment and Shoreline movement assessment from aerial photogrammetry
Year 3	$10,000	Same as Year 1 without mangrove coverage assessment
Year 4	$8,000	Same as Year 2
Year 5	$12,000	Same as Year 1
TOTAL	$50,000

In addition, the CHRMAP recommends that additional technical studies are undertaken to guide the design of ‘Protection’ options. Estimated costs associated with these investigations are set out in the table below:

Further studies to support Protection options	Capital or Start Up Expense	Remarks
Year 2	$80,000	Geotechnical Assessment and Erodibility Study, Cable Beach Dune
Year 3	$60,000	Geotechnical Assessment and Erodibility Study, Town Beach (in front of Roebuck Bay Caravan Park)
Year 4	$25,000	Feasibility assessment of sand nourishment for Demco Drive Dune
Year 5	Nil	Nil
TOTAL	$165,000
Post Cyclone inspection (as required) Cost Estimate $5000

There is currently no money earmarked in the Shire’s Corporate Business Plan 2017-2021 (CBP) for ongoing monitoring or additional studies associated with the CHRMAP. However, the CBP recognises the importance of implementing and reviewing the CHRMAP as required, and includes this as an ongoing action over the life of the plan. It is anticipated that the ongoing monitoring costs and preparation of technical studies will be met primarily through grant funding. However, as many grants require a co-contribution from the local government, there are likely to be some financial implications on the annual operating budget, which will be considered by Council on a yearly basis.

The CHRMAP has not endeavoured to provide detailed costings for the ‘Protection’ pathways recommended as no technical assessments or detailed designs have been completed for these concepts, with the exception of the Town Beach Revetment which is discussed below. However, it is considered that a buried seawall at Cable Beach could have an indicative cost of $6 million with annual maintenance costs up to $100,000, ‘Option 1’ in Chinatown could have an indicative cost of $4 million and ‘Option 2’ in Chinatown could have an indicative cost of $16 million. The Town Beach Revetment works which are supported in the CHRMAP were designed and costed in 2012 and are included in the CBP in the capital program for 2017-18 at a cost of $4,182,506.

The CHRMAP did not undertake a detailed Cost Benefit Analysis for Cable Beach, however it noted that the value of Shire assets at risk was approximately $4.5 million in 2015 and $5.9 million in 2040. At Town Beach the CHRMAP identifies that the value of Shire Assets at risk was approximately $1.3 million in 2015 and $3.1 million in 2040. Both these locations are considered important tourism locations, as well as a well-used and loved community spaces, and the social and economic impact of losing these areas would be great.

RISK

The CHRMAP provide the Shire of Broome with an appropriate risk assessment and management planning framework for incorporating coastal hazard considerations into decision-making processes. The establishment of the SCA will clearly identify land that is predicted to be affected by coastal hazards until 2110, while the CHRMAP will provide guidance on the decision making process involving land that is at risk from coastal erosion and inundation. Through risk identification, analysis and evaluation the Shire will be better placed to address coastal hazard risk.

In terms of consequence, the risk of not taking action is considered Extreme in terms of potential impact on health, Shire finances, property and reputation. There may also be adverse environmental impacts, however, without undertaking a full environmental assessment, it is difficult to understand the true impact.

There could also be a liability risk if the Shire fails to take into account the outcomes of the CHRMAP in the decision making process. It is considered that the Shire has a duty of care to prevent the loss or injury to people or property, especially in instances where there risks have been made clear, and risk management and adaptation options are available.

By undertaking a systematic approach to coastal hazards through the CHRMAP, and putting in place controls to manage coastal hazard risk in association with the affected community and stakeholders, the Shire is able to reduce the risk to property and life, whilst also respecting the natural processes that create coastal erosion and inundation. Therefore by undertaking the CHRMAP, the Shire will reduce its risk from Extreme to Moderate.

STRATEGIC IMPLICATIONS

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

Accessible and safe community spaces

A healthy and safe environment

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

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

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

A 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

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

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth Seconded: Cr D Male

That Council adopts the Broome townsite Coastal Hazard Risk Management Adaptation Plan as contained in Attachment 2.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Extent of the Proposed 'Coastal Hazard Risk Area' Special Control Area
2.	Final Draft CHRMAP
3.	Community and Stakeholder Engagement Strategy
4.	Schedule of Submissions

Minutes – Ordinary Meeting of Council 7 September 2017 Page 650 of 1404

9.2.4 ADOPTION OF PROPOSED SCHEME AMENDMENT NO.7 TO LOCAL PLANNING SCHEME NO.6 - OMNIBUS AMENDMENT

LOCATION/ADDRESS: Nil

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 June 2017

SUMMARY: At the Ordinary Meeting of Council held on 30 March 2017, Council resolved to advertise Scheme Amendment No. 7. The amendment is referred to as an ‘omnibus amendment’ as it progresses a group of mostly unrelated amendments so they can be put in place in the most efficient manner. Omnibus amendments generally deal with minor modifications on the basis that more substantial proposals require a greater level of scrutiny and assessment, and are more appropriately progressed as separate amendments.

This amendment proposes a number of changes to the Scheme Text and Scheme Maps, aiming in all cases to correct anomalies and ensure that the Scheme Text and Scheme Maps are appropriately updated to align both with LPS6, the adopted strategic planning framework and the Planning and Development (Local Planning Schemes) Regulations 2015.

The amendment was advertised for 43 days from 18 May 2017 to 30 June 2017, thus satisfying the required 42 days advertising period pursuant to regulation 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015. A total of five submissions were received.

The submissions from private land owners related to the proposed car parking provisions for ‘Medical Centre’ and the implications of rezoning Frangipani Drive from ‘Tourist’ to ‘Residential’. There was also a request from the Water Corporation to modify the amendment to rezone Lot 241 & Reserve 39111 on Robinson Street from ‘Parks Recreation and Drainage’ to ‘Public Purposes’ reserve with the notation ‘S’ for Sewerage.

It is recommended that Council consider the submissions received and support the proposed amendment with modifications.

BACKGROUND

Previous Considerations

OMC 25 February 2016 Item 9.2.3

OMC 30 March 2017 Item 9.2.6

Background

On 30 January 2015 the Shire of Broome Local Planning Scheme No. 6 (LPS6) was published in the Government Gazette and came into operation. LPS6, which incorporates the Scheme text and Scheme maps, controls and guides development and growth within the Shire of Broome.

It is common practice to undertake a periodic, relatively minor review of local planning schemes. These reviews are usually undertaken as an ‘omnibus amendment’ to the scheme.

Council resolved to advertise Scheme Amendment No 7, the ‘omnibus amendment’ at the Ordinary Meeting of Council held on the 30 March 2017. The amendment was advertised between May and June 2017 and in total five submissions were received.

COMMENT

The omnibus amendment proposes a number of changes to LPS6 which are intended to ensure the efficient and effective administration of the scheme, reflect the Shire’s identified strategic direction and provide rational guidance for land use and development within the Shire generally. The majority of the changes proposed in the Scheme Amendment have been workshopped with Council over time.

The intent and scope of the changes proposed in the amendment can be broadly grouped into the following categories:

· Correction of minor text errors and omissions that were not identified when LPS6 was first gazetted;

· Updating the zoning table to include additional land uses defined in Schedule 1 and review of the permissibility of certain land uses;

· Updating provisions to reflect outcomes of the Chinatown Development Strategy, the Old Broome Development Strategy and the Cable Beach Development Strategy;

· Updating standards for the assessment of outbuildings in the ‘Rural Residential’ zone;

· Changes to Schedule 8 – Development Standards;

· Changes to Schedule 9 – Car, Motorcycle and Bicycle Ratios; and

· Address a number of mapping corrections that have been identified through the process of adopting LPS6 and other minor modifications to the Scheme maps.

The Amendment Report in Attachment 1 provides a detailed explanation of each of the proposed amendments and their justification. All the mapping changes are shown in Attachment 2. A summary of the key changes are outlined below.

Alignment with strategic framework

The Shire’s Local Planning Strategy (LPS) was endorsed by the Western Australian Planning Commission (WAPC) in August 2014. The LPS sets out the medium to long term planning direction for the Shire over the next 10-15 years and provides the rationale for the zones and other provisions of LPS6. The majority of the changes proposed through the Scheme Amendment are minor in nature and do not impact any of the strategic recommendations in the LPS.

The LPS separates the Broome townsite into a number of precincts and anticipates that ‘Development Strategies’ may be prepared for each precinct. Section 3.3 of the LPS states that the Development Strategies will ‘guide development in the Precincts and will assist Council in making recommendations to the WAPC on subdivisions.’

To date, three Development Strategies have been prepared and adopted by Council:

• Chinatown Development Strategy (Precinct 1), adopted February 2013;

• Old Broome Development Strategy (Precinct 2), adopted November 2014; and

• Cable Beach Development Strategy (Precinct 11), adopted July 2016.

These strategies provide the most up-to-date strategic framework in terms of desired built form and land use provisions in and around the Broome townsite. The Scheme Amendment will ensure that LPS6 is aligned with the outcomes of the adopted strategic documents, providing greater clarity to applicants in terms of land use permissibility and facilitating a more transparent decision making process.

Parking requirements

The Shire’s Local Planning Policies in relation to parking were reviewed and compiled into one Local Planning Policy 8.9 – Parking. This updated Policy was considered by Council at the September and December 2016 Ordinary Meetings of Council. When the parking policies were first workshopped with Council, concerns were also raised with regard to the amount of car parking bays developers are required to provide (parking ratios) and the width of the car parking bays.

As both parking ratios and the width of the car parking bays are contained in Schedule 9 of LPS6, it was foreshadowed that changes in relation to these elements would be delivered through the omnibus amendment.

With regards to the parking ratios, a detailed benchmarking exercise was undertaken, whereby the Shire compared its parking standards to other local governments. As a result of this review, the required number of parking bays for some land uses are proposed to be amended. The amendments proposed to the parking ratios are all detailed under section 4.5 of Attachment 1 and in summary include:

· Some land uses require that parking bays are provided based on the ‘gross floor area’ or ‘building area’ of the development. It is proposed to amend this to ‘net lettable area’ to ensure that parking calculations better reflect the usable areas of businesses. This is consistent with the majority of the other local governments that were reviewed and will prevent bays being provided for portions of buildings which are not capable of being occupied by customers/employees.

· Including land uses into the Schedule that were previously undefined (including exhibition centre, family day care, fast food outlet-drive through, holiday home and so on). This provides greater certainty to people seeking to undertake these land uses.

· Decrease the number of bays required to be provided for restaurant, shop, tourist development and consulting room/medical centre land uses. These changes have been proposed based on the benchmarking exercise undertaken and also following reviews of previous decisions of Council.

· Amending the parking ratio for Childcare Centre from ‘a minimum of 5 bays for the picking up and dropping off of children plus 1 bay per employee’ to ‘1 bay for every 10 children the centre is approved to accommodate, plus 1 bay per employee with a minimum of 5 bays required’. This change is proposed in the event a larger centre was proposed, so that adequate parking bays are provided.

The car parking bay widths are contained in Table 3 in Schedule 9 of LPS6. The Scheme currently requires all public car parking bays to be 2.7m in width. It is proposed to incorporate three different classifications of car parking types (short term, long term and bays within the Shire’s Road Reserves) and establish widths based on the use of the bays. This is aligned with the Australian Standards which define the parking bay width based on the ‘user class’ of the vehicle. In essence, the proposed amendments would result in the bay width decreasing by 0.1m for short term parking (which would include shopping centres and parking bays in the Town Centre, hospitals and medical centres and so on) and 0.2m for longer term parking (which would include office developments, industrial land uses and so on). Parking bays developed in the road reserve are proposed to remain at 2.7m.

It is considered that the proposed changes are more responsive to the needs of car park users than the existing provisions, whilst also providing more flexibility to developers in terms of design.

Land use – permissibility

A number of amendments are proposed to the zoning table, as described in section 4.2 of Attachment 1. In summary, the changes to the zoning table are as follows:

· Change ‘Agriculture-Intensive’ from an ‘A’ to a ‘P’ in the General Agriculture zone, thereby making this land use exempt from the need to obtain development approval.

· Include land uses that are defined under LPS6, however are not incorporated into the zoning table. This will provide greater certainty and direction on where such land uses can be developed.

· Change the land use permissibility for ‘club premises’, ‘educational establishment’ and ‘plant nursery’ from a ‘D’ to an ‘A’ in the Residential and Rural Residential zones. The effect of this change will be if an application for these types of land uses are submitted, it would need to undergo public consultation prior to be determined. This is proposed in that these land uses could potentially impact the adjoining landowner and therefore should require consultation.

· Change ‘Industry-General’ from a ‘P’ to a ‘D’ in the Light and Service Industry zone, to give discretion to the Shire to consider the merits of such uses, particularly given the proximity of some Light and Service Industry properties to Residential areas.

Development standards

Schedule 8 of LPS6 incorporates development standards for various zones and includes matters such as setbacks, site coverage, plot ratio and so on. In some cases, the Scheme Text specifies that some zones are to be developed equivalent to an R40 standard, yet the standards in the Schedule do not align with the R40 development standards. It is proposed that these inconsistencies in the Scheme are removed.

Conclusion

In summary, the proposed omnibus amendment is necessary to make administrative and drafting modifications, as well as allow greater flexibility and clarity to the permissibility of land uses to ensure the intent of the Scheme can be clearly interpreted and implemented.

A review of the submissions received during the advertising period is provided under the ‘Consultation’ heading below. In summary, it is not proposed to modify the amendment except to address the Water Corporations submission, whereby it is sought that Local Scheme Reservation for Lot 241 and Reserve 39111 (shown in Attachment 3) be changed from ‘Parks Recreation and Drainage’ to ‘Public Purposes’.

CONSULTATION

Advertising consisted of:

· publication of a public notice in a locally circulating newspaper (Broome Advertiser);

· 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, including notification to any Public Authority the Shire considers will be affected by the amendment; and

· providing the notice to any landowners whose property is considered to be directly affected by the amendment.

The Shire received a total of five submissions. These related to the proposed car parking provisions for ‘Medical Centre’ and the impact of rezoning Frangipani Drive from ‘Tourist’ to ‘Residential’. There was also a request from the Water Corporation to rezone a lot from ‘Parks Recreation and Drainage’ to ‘Public Purposes’ reserve with the notation ‘S’ for Sewerage. A copy of the Schedule of Submissions can be found in Attachment 4. The key points are summarised below:

Medical Centre Car Parking Provisions

One submission identified the need for the proposed ‘Medical Centre’ parking provisions to better reflect the infrequent use of consulting rooms in Broome, noting that they often have visiting consultants who are only resident for one in every five weeks. In response, it is acknowledged that there may be instances where health professionals are based in Broome on an infrequent basis, however, it would be incorrect to assume that this applies to all consulting rooms.

The proposed car parking provisions will ensure that there is sufficient car parking when consulting rooms are occupied. It is also worth noting that the revised standards are consistent with other regional centres, such as Port Hedland.

Rezoning of Frangipani Drive

One submission questioned whether the rezoning of Frangipani Drive from ‘Tourist’ to ‘Residential’ would impact upon the rateability of the properties, and queried what implications the rezoning would have on the Strata Company and easements within the subject properties.

In response, it is important to note that zoning of land is a tenure blind process, which is used to control both the use of land and form of development. The purpose of zoning is to group together similar uses and to manage potential land use conflicts. The proposed rezoning is reflective of the current land uses on the subject lots and is consistent with the Cable Beach Development Strategy and Local Planning Strategy.

The rezoning will not impact the rateability of residential properties that are proposed to be rezoned nor will it impact upon the existing strata arrangements.

Water Corporation Modification Request

During the consultation period, Water Corporation requested that their properties located on Lot 241 and Reserve 39111 be rezoned from ‘Parks Recreation and Drainage’ to ‘Public Purposes’ reserve with the notation ‘S’ for Sewerage. The proposed modification is supported at an officer level as the land is currently used as a wastewater pumping station therefore the change of reserve purpose would better reflect the existing land use. The lot was previously zoned ‘Public Purpose- Sewerage’ under Town Planning Scheme No. 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.

81. Proposed scheme or amendment to be referred to EPA

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

(a) written notice of that resolution; and

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

Planning and Development Regulations 2015

34. Terms used

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

scheme —

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

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

that has been endorsed by the Commission;

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

basic amendment;

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

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

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

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

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

(1) A resolution of a local government to prepare or adopt an amendment to a local

planning scheme must be in a form approved by the Commission.

Note: Section 75 of the Act provides for a local government to amend a local planning scheme or adopt an amendment to a local planning scheme proposed by

all or any of the owners of land in the scheme area.

(2) A resolution must —

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

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

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

47. Advertisement of standard amendment

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

(a) the purpose of the amendment; and

(b) where the amendment may be inspected; and

(c) to whom and during what period submissions in respect of the amendment

may be made.

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

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

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

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

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

(e) advertise the scheme as directed by the Commission and in any other way the

local government considers appropriate.

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

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

50. Consideration of submissions on standard amendments

(1) In this regulation — consideration period, in relation to a standard amendment to a local planning scheme, means the period ending on the latest of the following days —

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

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

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

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

(2) The local government —

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

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

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

(a) to support the amendment without modification; or

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

(c) not to support the amendment.

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

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

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

RISK

The proposed amendment corrects anomalies and addresses minor issues in the existing LPS6. The risk of adverse outcomes in relation to development in the Shire if these anomalies and issues are not corrected is considered Moderate.

By implementing the proposed changes through the omnibus scheme amendment, this risk will reduce to Low.

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

A healthy and safe environment

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

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

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

A unique natural environment for the benefit and enjoyment of current and future generations

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:

An organisational culture that strives for service excellence

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr W Fryer

That Council:

1. Considers all the submissions received through the public advertising submission period of proposed Amendment No. 7 to the Shire’s Local Planning Scheme No.6 in accordance with regulation 50 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2. Supports Amendment No. 7 to Local Planning Scheme No.6 with modification to rezone Lot 241 & Reserve 39111 on Robinson Street from ‘Parks Recreation and Drainage’ to ‘Public Purposes’ reserve with the notation ‘S’ for Sewerage in accordance with regulation 50 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015.

3. In accordance with regulation 53 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, provides the Western Australian Planning Commission with a copy of:

(a) the advertised amendment together with modifications;

(b) a schedule of submissions;

(c) the response of the local government in respect of each submission;

(d) a copy of the Council resolution; and

(e) a copy of the proposed mapping changes.

4. Forwards the amendment documentation to the Western Australian Planning Commission and the Minister for Planning in accordance with regulation 53 (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 49 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Amendment Report
2.	Proposed Mapping Changes
3.	Water Corporation Site - Location Plan
4.	Schedule of Submissions

Item 9.2.4 - ADOPTION OF PROPOSED SCHEME AMENDMENT NO.7 TO LOCAL PLANNING SCHEME NO.6 - OMNIBUS AMENDMENT

PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME

SHIRE OF BROOME

LOCAL PLANNING SCHEME NO. 6

AMENDMENT NO. 7

RESOLVED that the local government, pursuant to Section 75 of the Planning and Development Act 2005, amend the Shire of Broome Local Planning Scheme No 6 by:

1. Correction of Minor Text Errors and Omissions

1.1 Replace ‘expect’ in Clause 5.2.7.2 (a) with ‘except’

1.2 Replace ‘Commercial Arbitration Act 1985’ in Clause 5.3.8.7 (f) with ‘Commercial Arbitration Act 2012’

1.3 Replace ‘Commercial Arbitration Act 1985’ in Clause 5.3.16 with ‘Commercial Arbitration Act 2012’

1.4 Replace ‘Health Act of Western Australia 1990’ in the definition of ‘lodging house’ in Schedule 1 with ‘Health Act 1911’.

1.5 Remove the definition of ‘fast food outlet’ in Schedule 1.

1.6 Insert the definition of ‘lunch bar’ in Schedule 1, as ‘means premises or part of premises used for the sale of takeaway food (in a form ready to be consumed without further preparation) within industrial or commercial areas.’

2. Zoning Table

Amend Clause 3.17 – Zoning Table to:

2.1 Change ‘Industry-General’ from a ‘P’ to a ‘D’ in the ‘Light and Service Industry’ zone

2.2 Change ‘Staff Accommodation’ from a ‘D’ to an ‘X’ in the ‘Rural Residential’ zone

2.3 Include the land use of ‘Tavern’ as a ‘P’ in the ‘Town Centre’ zone, a ‘D’ in the ‘Tourist’ and ‘Low Impact Tourist Development’ zones, an ‘A’ in the ‘Mixed Use’ and ‘Local Centre’ zones, and an ‘X’ in the ‘Residential,’ ‘Rural Residential,’ ‘Service Commercial’, ‘Industry’, ‘Light and Service Industry’, ‘General Agriculture’, ‘Culture and Natural Resource Use’ and ‘Rural Smallholdings’ zones.

2.4 Include the land use of ‘lunch bar’ as ‘P’ in the ‘Town Centre’, ‘Local Centre,’ ‘Tourist’ and ‘Low Impact Tourist Development’ zones, ‘D’ in the ‘Mixed Use’ and ‘Industry’ zones and ‘X’ in the ‘Residential,’ ‘Rural Residential,’ ‘Service Commercial’ and ‘Light and Service Industry’ zones.

2.5 Change ‘Club Premises’ from a ‘D’ to an ‘A’ in the ‘Residential’ zone

2.6 Change ‘Educational Establishment’ from a ‘D’ to an ‘A’ in the ‘Residential’ and ‘Rural Residential’ zones

2.7 Change ‘Plant Nursery’ from a ‘D’ to an ‘A’ in the ‘Rural Residential’ zone

2.8 Change ‘Agriculture Intensive’ from an ‘A’ to a ‘P’ in the ‘General Agriculture’ zone and from an ‘A’ to a ‘D’ in the ‘Culture and Natural Resource Use’ zone.

3. Alignment with Strategic Framework

Cable Beach Development Strategy

3.1 In Schedule 2, delete ‘A7’.

3.2 Rezone Lots 4-23 and 57-70 Frangipani Drive from ‘Tourist’ to ‘Residential’ zone with a density of R10

3.3 Include a new subclause under Clause 4.3 – Special Application of Residential Design Codes to state: ‘4.3.8 The setbacks for Lots 4-23 and 57-70 Frangipani Drive under clause 5.1.2 and 5.1.3 of the Residential Design Codes are to be calculated at the R40 standards.’

Old Broome Development Strategy

3.4 Amend Clause 3.17 – Zoning Table within the ‘Mixed Use’ zone to:

a) Change ‘Bed and Breakfast Accommodation’ from ‘P’ to ‘D’

b) Change ‘Car Park’ from ‘P’ to ‘D’

c) Change ‘Cinema/Theatre from ‘P’ to ‘D’

d) Change ‘Civic Use’ from ‘P’ to ‘D’

e) Change ‘Club Premises’ from ‘P’ to ‘D’

f) Change ‘Community Purposes’ from ‘P’ to ‘D’

g) Change ‘Dry Cleaning Premises’ from ‘D’ to ‘X’

h) Change ‘Funeral Parlour’ from ‘D’ to ‘X’

i) Change ‘Health Club’ from ‘P’ to ‘D’

j) Change ‘Hotel’ from ‘P’ to ‘D’

k) Change ‘Industry Cottage’ from ‘D’ to ‘P’

l) Change ‘Liquor Store from ‘A’ to ‘X’

m) Change ‘Motel’ from ‘P’ to ‘D’

n) Change ‘Museum’ from ‘P’ to ‘D’

o) Change ‘Office’ from ‘P’ to ‘D’

p) Change ‘Place of Assembly and Worship’ from ‘P’ to ‘A’

q) Change ‘Plant Nursery’ from ‘D’ to ‘X’

r) Change ‘Recreation – Indoor’ from ‘P’ to ‘D’

s) Change ‘Restaurant’ from ‘P’ to ‘D’

t) Change ‘Tourist Development’ from ‘P’ to ‘D’

u) Change ‘Vehicle Hire’ from ‘D’ to ‘X’

Chinatown Development Strategy

3.5 Amend Clause 3.17 – Zoning Table within the ‘Town Centre’ zone to:

a) Change ‘Art and Craft Centre’ from ‘P’ to ‘D’

b) Change ‘Nightclub’ from ‘P’ to ‘D’

c) Change ‘Recreation – Indoor’ from ‘P’ to ‘D’

d) Change Recreation – Private’ from ‘P’ to ‘D’

e) Change ‘Tourist Development’ from ‘P’ to ‘D’

4. Standards for Outbuildings in the Rural Residential Zone

4.1 Replace all reference to ‘shed’ or ‘sheds’ with ‘outbuilding’ or ‘outbuildings.’

4.2 Replace Clause 3.31(c) with:

‘The maximum aggregate floor area of outbuilding(s) on a lot should not exceed 200m²and an outbuilding shall not exceed a wall height of 4.5 metres and a ridge height of 6 metres.’

4.3 Replace ‘An increase in the floor area of the shed and the number of sheds per lot’ within 3.31.1(d) with ‘An increase in the floor area or wall height and ridge height…’

5. Schedule 8 – Development Standards

Amend Schedule 8 – Development Standards to:

5.1 Replace ‘Clause 4.1’ at the top of the table with ‘Clause 3.29’

5.2 Insert ‘(metres)’ in the table headings after ‘Front,’ ‘Secondary Street,’ ‘Rear’ and ‘Side’ setbacks

5.3 For the ‘Rural Residential’ zone, replace ‘*’ in the columns for rear and side setbacks with ‘10’.

5.4 For the ‘Mixed Use’ zone, replace ‘50%’ in the column for Site Coverage with ‘55%’

5.5 For the ‘Mixed Use’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘0.6’

5.6 Insert a new Special Condition/Comment for the ‘Mixed Use’ zone to state ‘For all development on properties identified with a density coding of R10 on the Scheme maps, site coverage and setbacks are to be as per the provisions of the Residential Design Codes that apply to a density of R10’

5.7 Insert a new Special Condition/Comment for the ‘Mixed Use’ zone to state ‘Landscaping for all development shall be provided and maintained abutting the boundary of all street frontages to a minimum depth of 3 metres from the boundary. Where a nil setback is proposed landscaping is to be provided in the adjacent road reserve.’

5.8 For the ‘Service Commercial’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘0.75’

5.9 For the ‘Service Commercial’ zone, replace ‘*’ in the column for rear setback with ‘nil’.

5.10 For the ‘Local Centre’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘1’

5.11 For the ‘Industry’ and ‘Light and Service Industry’ zones, replace ‘0.5’ in the column for Plot Ratio with ‘0.75’

5.12 For the ‘Tourist’ zone, replace ‘50%’ in the column for Site Coverage with ‘55%’

5.13 For the ‘Tourist’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘0.6’

5.14 For the ‘Tourist’ zone, replace the information in the columns for Setback with ‘as per the provisions of the Residential Design Codes that apply to a density of R40.’

5.15 Insert a new Special Condition/Comment for the ‘Tourist’ zone to state ‘Nil front setbacks may be provided where indicated supported in an endorsed development strategy.’

6. Schedule 9 – Car, Motorcycle and Bicycle Ratios

Amend Table 1 in Schedule 9 – Car, Motorcycle and Bicycle Ratios to:

6.1 Replace ‘Town Centre – Chinatown’ zone with ‘Town Centre’ zone – (Chinatown)

6.2 Amend the ‘minimum number of parking bays’ for ‘Residential (all types) to add after ‘below’, ‘with the exception of residential development which can be considered under the provisions of the Residential Design Codes’.

6.3 Replace all instances of ‘gross floor area’ or ‘building area‘ with ‘net lettable area.’

6.4 Include the following zones in the list of zones: ‘Town Centre’ (excluding Chinatown); ‘Low Impact Tourist,’ ‘Service Commercial’ and ‘Culture and Natural Resource Use’

6.5 Replace ‘General Rural’ in the list of zones with ‘General Agriculture,’ ‘Rural Agriculture’ with ‘Rural Smallholdings’ and ‘Rural Living’ with ‘Rural Residential’

6.6 Delete ‘Port’ and ‘Waterbank Conservation’ from the list of zones.

6.7 Delete the row for the use class ‘Art Gallery’

6.8 Amend the use class ‘Camping and Caravan Parks’ to ‘Caravan Park’

6.9 Replace the requirements for ‘Child Care Centre’ with ‘1 bay for every 10 children the centre is approved to accommodate, plus 1 bay per employee with a minimum of 5 bays required.’

6.10 Amend the use class ‘Community Purposes/Clubs’ to ‘Community Purposes/Club Premises’

6.11 Amend the use class ‘Consulting Room’ to ‘Consulting Room/Medical Centre’ with the requirements ‘4 bays for each health consultant room.’

6.12 Amend the use class ‘Education Centre’ to ‘Education Establishment.’

6.13 Include new row for the use class ‘Exhibition Centre’ with the requirements ‘1 bay per 40m²of net lettable area.’

6.14 Include new row for the use class ‘Family Day Care’ with the requirements ‘2 bays for the dwelling, plus 2 drop off/pick up bays’

6.15 Include new row for the use class ‘Fast Food Outlet – Drive Through’ with the requirements ‘2 bays per 2m²of counter area, plus 1 bay per employee. Where a drive through facility is provided, 4 stacking bays plus 1 waiting bay.’

6.16 Include new row for the use class ‘Holiday Home – standard’ with the requirements ‘To be in accordance with the provisions of the Residential Design Codes’

6.17 Include new row for the use class ‘Holiday Home – large’ with the requirements ‘To be in accordance with the provisions of the Residential Design Codes, plus 1 bay.’

6.18 Replace the requirements for ‘Home Business’ with ‘To be in accordance with the provisions of the Residential Design Codes, plus 1 bay, plus 1 bay for each employee not resident in the dwelling’

6.19 Replace the requirements for ‘Home Occupation’ with ‘To be in accordance with the provisions of the Residential Design Codes.

6.20 Delete the row for the use class ‘Library (use not listed)’

6.21 Include new row for the use class ‘Lunch Bar’ with the requirements ‘2 bays per 2m²of counter area, plus 1 bay per employee.’

6.22 Delete the row for the use class ‘Motor Vehicle Hire’

6.23 Amend the use class ‘Motor Vehicle Repairs and Wrecking’ to ‘Motor Vehicle and/or Marine Wrecking’ and replace the requirements with ‘1 bay per 50m²of storage area used for vehicle wrecking.’

6.24 Include new row for the use class ‘Motor Vehicle Repairs’ with the requirements ‘1 bay per 30m²of sales/customer service area and office space, plus 2 bays per service bay’

6.25 Amend the use class ‘Motor Vehicle Sales’ to ‘Motor Vehicle, Boat or Caravan Sales’ and replace the requirements with ‘1 bay per 150m²of site area allocated to vehicle display, 1 bay per 30m² of sales/customer service area and office space, plus 2 bays per service bay, plus an additional 4 drop off bays if vehicle hire is provided.’

6.26 Delete the row for the use class ‘Museum’

6.27 Replace ‘for each two beds the building is designed to accommodate’ with ‘per bedroom’ in the requirements for ‘Residential Building’

6.28 Replace the requirements for ‘Residential Development…’ with ‘To be in accordance with Clause 4.3.3 of LPS6 with the exception of grouped and multiple dwellings in Chinatown which is to be in accordance with the Residential Design Codes.’

6.29 Replace ‘4m²’ with ‘6m²’in the requirements for ‘Restaurant (including Alfresco dining areas)’ and delete ‘1 bay for each 6m² of drinking or assembly area, where provided. ’

6.30 Delete the row for the use class ‘Retail Premises- Hire/Shop’

6.31 Replace the requirements for ‘Service Station’ with ‘2 vehicle standing points per fuel pump, 2 bays for every service bay and 1 bay for every employee, plus 1 bay per 20m²net lettable area of retail space’

6.32 Include new row for the use class ‘Shop’ with the requirements ‘1 bay per 20m² net lettable area.’

6.33 Delete the row for the use class ‘Take Away/Fast Food Outlets (Use not Listed)’

6.34 Delete ‘(Use not listed)‘ from the use class ‘Tavern’

6.35 For the use class ‘Tourist Development’:

a. Replace the requirements for ‘Long stay Units’ with ‘To be in accordance with Clause 4.3.3 of LPS6.’

b. Replace ‘6m²’ with ‘12m²’ in the requirements for ‘Restaurants, cafes and bars’

c. Delete ‘1 boat/trailer bay for every 10 units except where tandem parking is provided or a management statement indicates how the parking of boats are going to be accommodated in an alternative way.’

6.36 Replace ‘professional person’ with ‘treatment/consulting room’ in the requirements for ‘Veterinary Centre.’

6.37 Delete the row for the use class ‘Other uses not listed’

Amend Table 2 in Schedule 9 – Car, Motorcycle and Bicycle Ratios to:

6.38 Replace ‘Bicycle Racks’ in the heading for ‘Table 2’ with ‘Bicycle Parking’

6.39 Replace ‘Bicycle racks’ with ‘Bicycle Parking’

6.40 Replace the requirements for ‘Bicycle parking’ with ‘To be provided in accordance with categories of land use with all land uses not listed at the discretion of the local government:

Type of Land Use	Visitor Parking Spaces (Net Lettable Area)	Employee Parking Spaces (Nett Lettable Area)
Shop	2 per 500m²	If over 500m², 2 spaces and end of trip facilities for employee use.
Showroom	2 per 1,000m²	If over 1,000m², 2 spaces and end of trip facilities for employee use.
Fast Food Outlet – Drive Through, Lunch Bar	2 per 50m²	If over 150m², 2 spaces and end of trip facilities for employee use.
Restaurant, Tavern	2 per 100m²public area	If over 150m², 2 spaces and end of trip facilities for employee use.
Office	2 per 750m²	If over 750m² 2 spaces and end of trip facilities for employee use.
Medical Centre	2 per 4 practitioners	If more than 8 practitioners 2 spaces and end of trip facilities for employee use.
Child Care Centre	2 per 8 employees	If more than 8 employees 2 spaces and end of trip facilities for employee use.
Tourist Development	2 per 8 accommodation units	N/A
Exhibition Centre, Recreation (Indoor), Health Club, Club Premises, Place of Assembly or Worship	2 per 200m²	N/A

Amend Table 3 (Dimensions of Parking Bays) in Schedule 9 – Car, Motorcycle and Bicycle Ratios to:

6.41 Delete table heading ‘Table 3 – Dimensions of ACROD, Motorcycle Bays and Bicycle Racks’ and replace with ‘ ‘Table 3 – Car, Motorcycle and Bicycle Parking Dimensions’

6.42 Replace ‘ACROD Parking Bays’ with ‘ACROD Car Parking Bays’

6.43 Replace the requirements for ‘ACROD Parking Bays’ with ‘As per Australian Standard AS2890.6 2009’

6.44 Delete the row for ‘Car Parking – Accessible’

6.45 Delete the row for ‘Car parking – Public Car Parks’

6.46 Insert ‘Car Parking – not short term parking*’, ‘*refer to user class 1 and 1A in AS 2890’ and include the following minimum dimensions:

Width – 2.5metres, can be reduced to 2.4 metres if parallel parking proposed

Length – parallel parking – 6 metres

Length – angle parking -5.5 metres

Aisle width/reversing space – minimum 6m.

6.47 Include new row for ‘Car Parking – Public Car Park for short term parking, including parking in the Town Centre zone or parking bays in association with a hospital, consulting rooms/medical centre, shop and service stations land use’ and include the following minimum dimensions:

Width – 2.6 metres, can be reduced to 2.4 metres if parallel parking proposed

Length – parallel parking – 6 metres

Length angle parking – 5.5 metres

Aisle width/reversing space – minimum 6 metres

6.48 Include new row for ‘Car Parking – Public Car Park within road reserves’ and include the following minimum dimensions:

Width 2.7 metres, can be reduced to 2.4 metres if parallel parking proposed.

Length – parallel parking – 6 metres

Length – angle parking – 6 metres

Aisle width – minimum 6m

7. Other Matters

7.1 In Clause 3.34.2(a), insert ‘unless otherwise indicated on the Scheme Maps’ after ‘R40 Residential Design Code.’

7.2 In Schedule 4, amend the Conditions associated with Special Use ‘PF’ (Pearl Farm) for Lot 154 Willie Creek Road to state:

1. Uses may include:

a. Pearl Farm and ancillary uses

b. Tourist Display

c. Office

d. Shop

e. Caretaker’s accommodation

2. Site and development requirements – as determined by local government

7.3 Delete existing Clause 3.41.2 – Subdivision requirements in the ‘Low Impact Tourism’ zone’ and replace with ‘The local government will not support subdivision and strata titling of land within the Low Impact Tourist zone unless it is consistent with any relevant local development plan or any other relevant plan or strategy endorsed by the local government and, where necessary, the Commission.’

8. Correction of Minor Mapping Errors and Omissions

Amending the Scheme Maps as follows:

	Address	Proposed Modification
8.1	Entire Scheme Area	Amend all maps to reflect the updated colours for all zones and reserves, where applicable, as set out in Schedule 3 of the Planning and Development (Local Planning Schemes) Regulations 2015
8.2	Lot 240 (No. 71) Robinson Street, Broome (Map 32)	Amend from ‘Parks Recreation and Drainage’ reserve to ‘Public Purposes’ reserve with the notation ‘M’ (Museum’)
8.3	Lot 3066 (No. 75) Reid Road, Cable Beach (Map 30)	Amend from ‘Parks Recreation and Drainage’ reserve to ‘Public Purposes’ reserve with the notation ‘T’ (Telecom’)
8.4	Portions of Shelduck Way and Dunnart Crescent, Djugun (Maps 27 and 30)	Rezone from ‘Residential’ zone to ‘Local Roads’ reserve
8.5	Lot 728 (No. 2) Blick Drive, Broome (Map 32)	Insert R-Coding ‘R30’
8.6	Lot 45 (No. 14) and Lot 46 (No. 12) Mostyn Place, Broome (Map 32)	Include entirety of lots within R-Coding ‘R12.5’
8.7	Lot 616 (No. 1) Larja Link, Cable Beach (Map 32)	Amend R-Coding from ‘R17.5’ to ‘R30’
8.8	Lot 629 (No. 39) Woods Drive, Cable Beach (Map 32)	Amend R-Coding from ‘R40’ to ‘R30’
8.9	Lot 605 Clementson Street, Minyirr (Map 32)	Amend from ‘Local Road’ to ‘Parks Recreation and Drainage’ reserve
8.10	Lots 501 and 502 Frangipani Drive, Cable Beach (Map 27)	Amend from ‘Tourist’ zone to ‘Parks Recreation and Drainage’ reserve
8.10	Lots 4-23 and 57-70 Frangipani Drive (Map 27)	Rezone Lots 4-23 and 57-70 Frangipani Drive from ‘Tourist’ to ‘Residential’ zone with a density of R10
8.11	Lot 366 Gwendoline Crossing, Bilingurr (Map 27)	Amend from ‘Local Road’ to ‘Parks Recreation and Drainage’ reserve
8.12	Lots 360, 352, 2605, 2606 Fairway Drive, Pt. Lot 9007 Magabala Road and Lots 1024, 1776 and 1224 Locke Street (Maps 23, 24, and 27)	Amend from ‘No Zone’ to ‘Development’ zone
8.13	Pt Lot 555 Old Broome Road, Djugun (Map 27)	Rezone from ‘Development’ zone to ‘Local Road’ reserve
8.14	Pt Lot 2242 (No .147) Old Broome Road, Djugun (Map 27)	Amend from ‘Local Road’ reserve to ‘Development’ zone
8.15	Pt. Lot 730 on Plan 71878 (Map 3)	Amend location of the ‘Low Impact Tourism’ zone to the location of the Barn Hill Caravan Park.
8.16	Pt. Lot 591 Broome Road, Waterbank (Maps 10 and 16)	Amend notation of ‘Public Purpose’ Reserve from ‘WS’ (Water Supply) to ‘MS’ (Motorsport)
8.17	Lot 3127 Coucal Street, Cable Beach (Map 27)	Amend from ‘Parks, Recreation and Drainage’ reserve to ‘Local Road’ reserve.
8.18	Map Legend	Delete the following ‘Special Use’ notations: · F Fisheries · H Hotel · M Motel · O Office · R Residential · O/R Office/Residential · H/M Hotel/Motel · F/R Fisheries/Residential
8.19	Lot 6 (No. 5) Sanctuary Road, Cable Beach (Map 27)	Remove the additional use designation for ‘Service Station’.
8.20	Lot 241 (No. 73) and Reserve 39111 Robinson St, Broome	Rezone from ‘Parks Recreation and Drainage’ to ‘Public Purposes’ reserve with the notation ‘S’ for Sewerage.

This Amendment is a standard amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

a) It is consistent with the Shire’s Local Planning Strategy

b) It will have minimal impacts on land in the scheme area that is not subject to the amendment; and

c) It will not result in any significant environmental, social, economic or governance impacts on land in the scheme area.

Dated this __________ day of ___________________ 2017

_________________________

CHIEF EXECUTIVE OFFICER

FILE NO. LPS6/7

PROPOSAL TO AMEND A LOCAL PLANNING SCHEME

1) LOCAL AUTHORITY

SHIRE OF BROOME

2) DESCRIPTION OF TOWN PLANNING SCHEME

LOCAL PLANNING SCHEME NO.6

3) TYPE OF SCHEME

LOCAL PLANNING SCHEME

4) SERIAL NUMBER OF AMENDMENT

AMENDMENT NO. 7

5) PURPOSE

OMNIBUS AMENDMENT

AMENDMENT REPORT

1.0 Purpose

On 30 January 2015 the Shire of Broome Local Planning Scheme No. 6 (LPS6) was published in the Government Gazette and came into operation. LPS6, which incorporates the Scheme text and Scheme maps, controls and guides development and growth within the Shire of Broome.

It is common practice to undertake a periodic, relatively minor review of local planning schemes. These reviews are usually undertaken as an ‘omnibus amendment’ to the scheme and in response to a number of matters which, amongst other things, include changes brought about by ongoing strategy and policy formulation, and/or to effect general improvements for administration purposes.

It is noted that the Shire has already undertaken a basic amendment to LPS6 to incorporate the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. This was known as Amendment No. 4 to LPS6 and was published in the Government Gazette on 5 August 2016.

2.0 Background

This Amendment proposes a number of changes to the LPS6. The Shire is of the view that the various changes proposed are necessary for the more efficient and effective administration of the scheme, will reflect the Shire’s identified strategic direction, and will provide rational guidance for land use and development within the Shire generally.

The intent and scope of the changes proposed in the amendment can be broadly grouped into the following categories:

· Correction of minor text errors and omissions that were not identified when LPS6 was first gazetted;

· Updating the zoning table to include additional land uses defined in Schedule 1 and review the permissibility of certain land uses;

· Updating provisions to reflect outcomes of the Chinatown Development Strategy, the Old Broome Development Strategy and the Cable Beach Development Strategy;

· Updating standards for the assessment of outbuildings in the ‘Rural Residential’ zone;

· Changes to Schedule 8 – Development Standards;

· Changes to Schedule 9 – Car, Motorcycle and Bicycle Ratios; and

· Address a number of mapping corrections that have been identified through the process of adopting LPS6 and other minor modifications to the Scheme maps.

This report has been structures to reflect the categories above and provides the rationale for each amendment.

3.0 Planning Considerations

3.1 Shire of Broome Local Planning Strategy

The Shire’s Local Planning Strategy (LPS) was endorsed by the Western Australian Planning Commission (WAPC) in August 2014. The Local Planning Strategy sets out medium to long term planning directions for the Shire over the next 10-15 years and provides the rationale for the zones and other provisions of LPS6. The majority of the changes proposed through this Amendment are minor in nature and do not impact any of the strategic recommendations in the LPS.

To date, three Development Strategies have been prepared and adopted by Council:

· Chinatown Development Strategy (Precinct 1), adopted February 2013;

· Old Broome Development Strategy (Precinct 2), adopted November 2014; and

· Cable Beach Development Strategy (Precinct 11), adopted July 2016.

Each Development Strategy contains recommendations for modifications to LPS6, which have been incorporated into this Amendment and are further discussed in Section 4.0 of this report.

Given the above, the Amendment is considered to be consistent with the Shire’s strategic planning framework.

4.0 Planning Rationale for Proposed Scheme Amendment Changes

The changes proposed in this Amendment fall into main categories as follows:

· Correction of minor text errors and omissions that were not identified when LPS6 was first gazetted;

· Update the zoning table to include additional land uses defined in Schedule 1 and review the permissibility of certain land uses;

· Update provisions of LPS6 to align with the strategic planning framework, including the Chinatown Development Strategy, the Old Broome Development Strategy and the Cable Beach Development Strategy;

· Update standards for the assessment of outbuildings in the ‘Rural Residential’ zone;

· Changes to Schedule 8 – Development Standards;

· Changes to Schedule 9 – Car, Motorcycle and Bicycle Ratios; and

· Addressing a number of mapping corrections that have been identified through the process of adopting LPS6 and other minor modifications to the Scheme maps.

The report has been structured to reflect each of these categories and the rationale for each amendment is provided under the headings below.

4.1 Correction of Minor Text Errors and Omissions

The majority of these changes are either grammatical or updating the names of legislation. The table provided below sets out the proposed amendment and the rational for the change proposed.

Proposed Amendment	Rationale
Replace ‘expect’ in Clause 5.2.7.2 (a) with ‘except’	Administrative correction
Replace ‘Commercial Arbitration Act 1985’ in Clause 5.3.8.7 (f) with ‘Commercial Arbitration Act 2012’	Updated Legislation
Replace ‘Commercial Arbitration Act 1985’ in Clause 5.3.16 with ‘Commercial Arbitration Act 2012’	Updated Legislation
Replace ‘Health Act of Western Australia 1990’ in the definition of ‘lodging house’ in Schedule 1’ with ‘Health Act 1911’.	Administrative correction
Remove the definition of ‘Fast Food Outlet’ in Schedule 1.	The use class ‘Fast Food Outlet’ is defined in Schedule 1 but is not included within the LPS6 zoning table. The proposed scheme amendment recommends deleting fast food outlet and replacing it with a new land use ‘lunch bar’.
Insert the definition of ‘Lunch Bar’ in Schedule 1, as ‘means premises or part of premises used for the sale of takeaway food (in a form ready to be consumed without further preparation) within industrial or commercial areas.’	‘Lunch Bar’ is considered preferable to ‘Fast Food Outlet’ as it includes small, independently run take away outlets, whilst ‘fast food’ implies a particular group of chain restaurants, which usually take the form of a ‘fast food outlet – drive through.’ The proposed definition of ‘lunch bar’ is further aligned with the amendments currently proposed by the Department of Planning to Schedule 1 – Model Provisions for Local Planning Schemes

4.2 Zoning Table

The table below sets out the proposed amendment and the rational for the change proposed.

Proposed Amendment	Rationale
Change ‘Industry-General’ from a ‘P’ to a ‘D’ in the ‘Light and Service Industry’ zone	The ‘Industry-General’ land use differs from ‘Industry-Light’ in that it includes operations which cause injury and affect the amenity of a locality and includes heavy industry activities. Given that the purpose of the Light and Service Industry zone is to ‘provide for industries and associated uses which are compatible with residential uses’, ‘Industry-General’ land use should be a discretionary use rather than permitted by the Scheme. This will prevent potential conflict that could arise if heavy industry land uses was being proposed too close to a residential areas.
Change ‘Staff Accommodation’ from a ‘D’ to an ‘X’ in the ‘Rural Residential’ zone	Staff Accommodation allows for the accommodation of persons directly employed in an approved activity carried out on the lot. Given the size of the Rural Residential lots in the Shire of Broome and the type of land use activities that can be undertake in this zone, the need to accommodate employee’s onsite in these zones is unlikely to arise. Note that Ancillary Dwelling (a granny flat) can still be approved in these zones and are not limited to be occupied by persons employed in an approved land use on the property.
Include the land use of ‘Tavern’ as a ‘P’ in the ‘Town Centre’ zone, a ‘D’ in the ‘Tourist’ and ‘Low Impact Tourist Development’ zones, an ‘A’ in the ‘Mixed Use’ and ‘Local Centre’ zones, and an ‘X’ in the ‘Residential,’ ‘Rural Residential,’ ‘Service Commercial’, ‘Industry’, ‘Light and Service Industry’, ‘General Agriculture’, ‘Culture and Natural Resource Use’ and ‘Rural Smallholdings’ zones.	Tavern is currently a defined land use however is not incorporated into the zoning table. This amendment seeks to incorporate Tavern into the land use table and allocate land use permissibility’s.
Include the land use of ‘Lunch Bar’ as ‘P’ in the ‘Town Centre’, ‘Local Centre,’ ‘Tourist’ and ‘Low Impact Tourist Development’ zones, ‘D’ in the ‘Mixed Use’ and ‘Industry’ zones and ‘X’ in the ‘Residential,’ ‘Rural Residential,’ ‘Service Commercial’ and ‘Light and Service Industry’ zones.	As set out above, it is proposed to include a land use definition of ‘Lunch Bar’ in line with changes suggested by the Department of Planning to the Model Provisions. It is proposed to allocate land use permissibility through incorporating the land use into the zoning table
Change ‘Club Premises’ from a ‘D’ to an ‘A’ in the ‘Residential’ zone	A Club Premises is where a premises can be used for the operations of a club or association or body of persons with common interests (examples could include CWA, Lions Club, a bikers club and so on). Such land uses can have the ability to impact upon the residential amenity (the hours the operation, additional car parking and vehicles attending the premises and so on). Given this, it is considered more appropriate that adjoining landowners are afforded the opportunity to provide comment on an application prior to a determination being made.
Change ‘Educational Establishment’ from a ‘D’ to an ‘A’ in the ‘Residential’ and ‘Rural Residential’ zones	As per the comment above, considering that this type of land use activity has the ability to impact upon the residential amenity of an area, it is considered more appropriate that comment is sought from adjoining landowner prior to an application being determined.
Change ‘Plant Nursery’ from a ‘D’ to an ‘A’ in the ‘Rural Residential’ zone	As per the comment above, considering that this type of land use activity has the ability to impact upon the residential amenity of an area, it is considered more appropriate that comment is sought from adjoining landowner prior to an application being determined
Change ‘Agriculture Intensive’ from an ‘A’ to a ‘P’ in the ‘General Agriculture’ zone and from an ‘A’ to a ‘D’ in the ‘Culture and Natural Resource Use’ zones.	Agriculture Intensive is where land is used for the production of vegetables, flowers, plants or fruits and nuts, operation of plant or fruit nurseries or the development of land for irrigated fodder production or irrigated pasture development (including turf farms). While in some local government areas, Agriculture Intensive land use activities do have the potential to create land use conflict and therefore are discretionary uses under zoning tables, Broome is different. Firstly, the land that is zoned General Agriculture in the Shire is either a pastoral lease or Unallocated Crown Land. Therefore applicants seeking to undertake these types of land use activities must first obtain a diversification permit or other form of approval from the Department of Lands. As a part of the DoL assessment process consideration must be given to the whether the land can adequately accommodate the proposed activity. Further, given the Shire of Broome falls within a proclaimed groundwater area under the Rights and Water Act 1914 applicants must obtain a permit from the Department of Water for the abstraction of water. DoW in considering such proposals assess whether the abstraction of water is sustainable. Furthermore, an applicant must also obtain a clearing permit from the Department of Environment and Regulation (DER) where the environmental impact of a proposal is addressed. The only element that is not reasonable assessed by other government authorities through the above process that would be picked up through the planning assessment is suitable road access and separation of incompatible land uses. Given the following: • that all but one of the existing pastoral leases gain access off Main Roads, as opposed to Local Roads; and • The size of pastoral stations means that such developments are well separated from adjacent potential incompatible land uses the development approval/assessment process does not add value to the assessments undertaken by the other government departments. As such, it is recommended that the land use is permitted which will mean that an applicant will not need to seek approval from the Shire to use land for Agriculture Intensive land use on land zoned General Agriculture. Given that the Culture and Natural Resource Use zone has different tenure to that of the General Agriculture zone (land is either UCL or Reserve vested with the ALT), there is potential considerations that may arise with conflicting land uses (such as outstation development) and tourist development and road access is more problematic, it is proposed that this is a ‘D’ land use.

4.3 Alignment with Strategic Framework

Cable Beach Development Strategy (2010)

Cable Beach Development Strategy was adopted by Council on 28 July 2016. The Strategy provides guidance for future development and land use in the Cable Beach, and identifies a number of actions for the Shire and relevant partners to progress. In relation to this amendment, the Cable Beach Development Strategy states the following:

· 5. Amend LPS6 to remove the additional use designation for ‘Service Station’ from Lot 6 Sanctuary Road.

· 6. Amend LPS6 to rezone properties along Frangipani Drive to ‘Residential’ as per Figure 3.

Proposed Amendment	Rationale
In Schedule 2, delete ‘A7’.	The proposed amendment incorporates the actions set out in the adopted Cable Beach Development Strategy into LPS6. The amendment ensures that LPS6 reflects the updated planning framework. The Strategy identifies that the Broome North Local Centre (as identified in the 2010 Broome North Development Plan) will be able to adequately cater for the day-to-day convenience needs of residents and visitors in the Cable Beach tourist precinct, without the need for another Local Centre within the Precinct. The risk of two Local Centres with similar functions in proximity to each other is that they will compete with each other to the extent that one or both become unviable. This is a concern particularly in light of the oversupply of retail floor space in Broome at present.
Rezone Lots 4-23 and 57-70 Frangipani Drive from ‘Tourist’ to ‘Residential’ zone with a density of R10	The proposed residential zoning is consistent with the adopted Cable Beach Development Strategy. The proposed density (R-Code) is consistent with the lot sizes and is in accordance with the approved subdivision.
Include a new subclause under Clause 4.3 – Special Application of Residential Design Codes to state: 4.3.8 The setbacks for Lots 4-23 and 57-70 Frangipani Drive under clause 5.1.2 and 5.1.3 of the Residential Design Codes are to be calculated at the R40 standards.	The Overall Development Plan (ODP) that guided this estate was adopted by Council at the Ordinary Meeting on the 29 May 2002. The ODP allocates a R10 density to the permanent/residential lots within the estate, yet allows for setbacks to be at the R40 Codes. Given it is now proposed to rezone these lots to Residential R10, the carry through the setback allowed under the ODP, it is proposed to include this additional text provision within the Scheme.

Old Broome Development Strategy (2014)

The Old Broome Development Strategy (OBDS) was adopted by Council on 27 November 2014. This sets out medium – long term planning directions for Old Broome, including eight land use precincts and their associated land use permissibility. The Strategy was designed to build upon the recommendations of the Shire’s Local Planning Strategy (LPS), which identifies the entirety of Old Broome as ‘Mixed Use’.

The strategy notes that the underlying zones in LPS6 do not reflect the ultimate intention for Old Broome as described in the Local Planning Strategy. The LPS6 has a lifespan of 5 years as outlined in the Planning and Development Act 2005. This timeframe is considerably shorter than the Local Planning Strategy which has a 10-15 year lifespan.

It is intended that the majority of Old Broome will eventually be zoned Mixed Use; however in the short term, it is not appropriate to apply a blanket ‘mixed use’ zoning across the whole area as there is not sufficient demand for such land. There is also the risk that ad-hoc development driven by individual land owners' aspirations would not be consistent with the principles of orderly and proper planning. Instead, rezoning will take place over time in an orderly and spatially contiguous manner, not excessively in advance of demand.

The proposed omnibus will amend the zoning table to ensure that it reflects the desired land uses identified within the OBDS the short – medium term. This will ensure reduce the restrictions for preferred uses, whilst also providing the Shire greater control over those uses that could aversely impact the amenity.

Proposed Amendment	Rationale
Amend Clause 3.17 – Zoning Table within the ‘Mixed Use’ zone to : a) Change ‘Bed and Breakfast Accommodation’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
b) Change ‘Car Park’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
c) Change ‘Cinema/Theatre from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
d) Change ‘Civic Use’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
e) Change ‘Club Premises’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
f) Change ‘Community Purposes’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
g) Change ‘Dry Cleaning Premises’ from ‘D’ to ‘X’	The use class is identified as inappropriate in the Strategy and has therefore been changed to an ‘X’ use.
h) Change ‘Funeral Parlour’ from ‘D’ to ‘X’	The use class is identified as inappropriate in the Strategy and has therefore been changed to an ‘X’ use.
i) Change ‘Health Club’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
j) Change ‘Hotel’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
k) Change ‘Industry Cottage’ from ‘D’ to ‘P’	The use class is identified as a preferred use class in the Strategy has therefore been amended to a permitted use
l) Change ‘Liquor Store’ from ‘A’ to ‘X’	The use class is identified as inappropriate in the Strategy and has therefore been changed to an ‘X’ use
m) Change ‘Motel’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
n) Change ‘Museum’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
o) Change ‘Office’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
p) Change ‘Place of Assembly and Worship’ from ‘P’ to ‘A’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
q) Change ‘Plant Nursery’ from ‘D’ to ‘X’	The use class is identified as inappropriate in the Strategy and has therefore been changed to an ‘X’ use
r) Change ‘Recreation – Indoor’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
s) Change ‘Restaurant’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
t) Change ‘Tourist Development’ from ‘P’ to ‘D’	The amendment will ensure that a merit- based assessment can be undertaken to determine whether the site is suitable for the proposed land use.
u) Change ‘Vehicle Hire’ from ‘D’ to ‘X’	The Old Broome Development Strategy identifies ‘Vehicle Hire’ as an inappropriate land use within strategy area that would be inconsistent with the desired vision. It has therefore been changed to an ‘X’ use

Chinatown Development Strategy (2013)

The Chinatown Development Strategy was adopted by Council on 21 February 2013. This document is referenced under clause 4.32.1 of the Scheme, which identifies:

· All land use and development shall be consistent with the Chinatown Development Strategy and relevant design guidelines.

The proposed amendment will ensure that the land use changes that are set out in the adopted Chinatown Development Strategy are consistent with the LPS6 zoning table.

Proposed Amendment	Rationale
Amend Clause 3.17 – Zoning Table within the ‘Town Centre’ zone to : a) Change ‘Art and Craft Centre’ from ‘P’ to ‘D’	It is considered that a shop-front type use with no potential negative impacts on amenity (noise, fumes, vibration, etc) would be acceptable in Chinatown but arts and crafts could also have a semi-industrial nature, which would may be appropriate in the Town Centre. The change in land use permissibility will enable the Shire to undertake a merits-based assessment to ensure there are no adverse impacts on the streetscape.
b) Change ‘Nightclub’ from ‘P’ to ‘D’	The proposed amendment will provide the Shire the discretion to determine whether a nightclub would adversely impact the amenity of surrounding land uses.
c) Change ‘Recreation – Indoor’ from ‘P’ to ‘D’	Depending on its nature, ‘Recreation- Indoor’ may be acceptable in a Town Centre, or not. The proposed amendment will provide the Shire discretion to differentiate between different types of recreation use.
d) Change Recreation – Private’ from ‘P’ to ‘D’	Depending on its nature, ‘Recreation-Private’ may be acceptable in a Town Centre, or not. The proposed amendment will provide the Shire discretion to differentiate between different types of recreation use.
e) Change ‘Tourist Development’ from ‘P’ to ‘D’	Tourist development could take any number of forms, some of which could be appropriate in the Town Centre and others not. The discretion to differentiate should be available.

4.4 Standards for Outbuildings in the Rural Residential zone

Proposed Amendment	Rationale
Replace all reference to ‘shed’ or ‘sheds’ with ‘outbuilding’ or ‘outbuildings.’	The amendment will ensure consistency of terminology between LPS6, Residential Design Codes and Schedule 2 (Deemed Provisions for Local Planning Schemes) of the Planning and Development (Local Planning Schemes) Regulations 2015.
Replace Clause 3.31.1(c) with: ‘The maximum aggregate floor area of outbuilding(s) on a lot should not exceed 200m² and an outbuilding shall not exceed a wall height of 4.5 metres and a ridge height of 6 metres.’	The introduction of ‘aggregate’ floor area is considered to have limited impact on visual amenity as the combined floor area of multiple outbuildings would still be restricted to that of a single large outbuilding. The proposed increase in permissible floor area from ‘100m²’ to ‘200m²’ is more in keeping with the storage requirements for rural residential lots and is consistent with the approach of other local governments. Existing building setbacks and the introduction of maximum wall/ ridge heights will ensure that the visual impact of outbuildings is mitigated. The amendment will also facilitate a more streamlined development process for applicants.
Replace ‘An increase in the floor area of the shed and the number of sheds per lot’ with in 3.31.1(d) with ‘An increase in the floor area or wall height and ridge height…’	This is an administrative correction to reflect the proposed wall height and ridge height requirements to be inserted under clause 3.31.1(d).

4.5 Schedule 8 – Development Standards

Proposed Amendment	Rationale
Replace ‘Clause 4.1’ at the top of the table with ‘Clause 3.29’	Administrative correction
Insert ‘(metres)’ in the table headings after ‘Front,’ ‘Secondary Street,’ ‘Rear’ and ‘Side’ setbacks	Administrative correction to provide clarity to applicants and provide for a more transparent decision making process.
For the ‘Rural Residential’ zone, replace ‘*’ in the columns for rear and side setbacks with ‘10’.	The proposed amendment is considered to provide clarity to applicants and is consistent with the R2 R-Code setbacks requirements for lots greater than 5000m².
For the ‘Mixed Use’ zone, replace ‘50%’ in the column for Site Coverage with ‘55%’	This ensures consistency with the R40 requirements set out in Table 1 of the R-Codes and provides greater certainty to applicants.
For the ‘Mixed Use’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘0.6’	This ensures consistency with the R40 requirements set out in Table 4 of the R-Codes
Insert a new Special Condition/Comment for the ‘Mixed Use’ zone to state ‘For all development on properties identified with a density coding of R10 on the Scheme maps, site coverage and setbacks are to be as per the provisions of the Residential Design Codes that apply to a density of R10’	The proposed amendment reflects the intent of the Old Broome Development Strategy and the Local Housing Strategy. The amendment will ensure consistency in design and improve the amenity of the streetscape.
Insert a new Special Condition/Comment for the ‘Mixed Use’ zone to state ‘Landscaping for all development shall be provided and maintained abutting the boundary of all street frontages to a minimum depth of 3 metres from the boundary. Where a nil setback is proposed landscaping is to be provided in the adjacent road reserve.’	The proposed amendment will ensure that developments provide and maintain sufficient landscaping.
For the ‘Service Commercial’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘0.75’	The proposed amendment will address the current anomaly between site coverage and plot ratio, and provide more flexibility to applicants in terms of design.
For the ‘Service Commercial’ zone, replace ‘*’ in the column for rear setback with ‘nil’.	Administrative correction to provide clarity to applicants and provide for a more transparent decision making process. It will also ensure that design is in keeping with the desired built form as set out in Detailed Area Plan No.8.
For the ‘Local Centre’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘1’	The proposed amendment will ensure higher density in development is permitted within areas within key service nodes.
For the ‘Industry’ and ‘Light and Service Industry’ zones, replace ‘0.5’ in the column for Plot Ratio with ‘0.75’	The proposed amendment will address the current anomaly between site coverage and plot ratio, and provide more flexibility to applicants in terms of design.
For the ‘Tourist’ zone, replace ‘50%’ in the column for Site Coverage with ‘55%’	The proposed amendment ensures consistency between the development standards set out in Schedule 8 of LPS6 and the R40 requirements set out in clause 3.42.1 (e)
For the ‘Tourist’ zone, replace ‘0.5’ in the column for Plot Ratio with ‘0.6’	The proposed amendment ensures consistency between the development standards set out in Schedule 8 of LPS6 and the R40 requirements set out in clause 3.42.1 (e)
For the ‘Tourist’ zone, replace the information in the columns for Setback with ‘as per the provisions of the Residential Design Codes that apply to a density of R40.’	The proposed amendment ensures consistency between the development standards set out in Schedule 8 of LPS6 and the R40 requirements set out in clause 3.42.1 (e)
Insert a new Special Condition/Comment for the ‘Tourist’ zone to state ‘Nil front setbacks may be provided where indicated supported in an endorsed development strategy.’	The proposed amendment ensures consistency between the provisions of LPS6 and the setbacks identified in endorsed development strategies.

4.5 Schedule 9 – Car, Motorcycle and Bicycle Ratios

Amend Table 1 in Schedule 9 – Car, Motorcycle and Bicycle Ratios to:

Proposed Amendment	Rationale
Replace ‘Town Centre – Chinatown’ zone with ‘Town Centre’ – (Chinatown)	Administrative correction to ensure consistency with the zones identified in LPS6. The ‘Town Centre – Chinatown’ zone formed part of LPS 4 but is now referred to as ‘Town Centre’.
Amend the ‘minimum number of parking bays’ for ‘Residential (all types) to add after ‘below’, ‘with the exception of residential development which can be considered under the provisions of the Residential Design Codes’.	The proposed amendment will ensure consistency with State Planning Policy 3.1 and will incentivise investment in the Town Centre. It is also considered that the Town Centre is a service hub therefore residents are less dependent on cars than in suburban areas.
Replace all instances of ‘gross floor area’ or ‘building area‘ with ‘net lettable area.’	The proposed amendment will ensure that parking calculations better reflect the usable area of a business. This approach consistent with other local governments.
Include the following zones in the list of zones: ‘Town Centre’ (excluding Chinatown); ‘Low Impact Tourist,’ ‘Service Commercial’ and ‘Culture and Natural Resource Use’	There are currently inconsistencies between the zones identified in Schedule 9 and Part 3 of LPS6. The amendment will ensure that Schedule 9 is updated to reflect correct zoning.
Replace ‘General Rural’ in the list of zones with ‘General Agriculture,’ ‘Rural Agriculture’ with ‘Rural Smallholdings’ and ‘Rural Living’ with ‘Rural Residential’	There are currently inconsistencies between the zones identified in Schedule 9 and Part 3 of LPS6. The amendment will ensure that Schedule 9 is updated to reflect correct zoning.
Delete ‘Port’ and ‘Waterbank Conservation’ from the list of zones.	‘Port’ and ‘Waterbank’ are not zones defined in the LPS6 zoning table and are therefore to be removed.
Delete the row for the use class ‘Art Gallery’	‘Art Gallery’ is not a defined use class in the zoning table and is therefore to be removed.
Amend the use class ‘Camping and Caravan Parks’ to ‘Caravan Park’	‘Camping and Caravan Parks’ is not a defined use in Schedule 1 of LPS6. The proposed amendment will ensure consistent terminology between the Zoning Table, Schedule 1 and Schedule 9.
Replace the requirements for ‘Child Care Centre’ with ‘1 bay for every 10 children the centre is approved to accommodate, plus 1 bay per employee with a minimum of 5 bays required.’	The current parking requirements for ‘Child Care Centre’ would not be appropriate for a larger centre and have therefore been amended provide a more accurate representation of parking demand. The proposed requirements are consistent with the approaches of other local governments.
Amend the use class ‘Community Purposes/Clubs’ to ‘Community Purposes/Club Premises’	‘Clubs’ is not a defined use in Schedule 1 of LPS6. The proposed amendment will ensure consistent terminology between the Zoning Table, Schedule 1 and Schedule 9.
Amend the use class ‘Consulting Room’ to ‘Consulting Room/Medical Centre’ with the requirements ‘4 bays for each health consultant room’.	Consulting rooms is currently listed in Schedule 9, however Medical Centre is not. As the uses classes are similar it is proposed that ‘Medical Centre’ is incorporated into Schedule 9 with ‘Consulting Room’ land use. It is also proposed to amend the ratio of parking bays required to support such land uses. Currently the Scheme requires ‘four bays for each professional person plus on bay for each other employee’. Defining the number of bays based on each ‘professional person’ is not clear and it is proposed that this is replaced with ‘each health consultant room’. It is also proposed that the need to provide further bays for each employee is removed from the calculation as four bays for each room is deemed adequate to cater for the parking likely to be required by such land uses and is also consistent with other local government areas,
Amend the use class ‘Education Centre’ to ‘Education Establishment.’	‘Education Centre’ is not a defined use in Schedule 1 of LPS6. The proposed amendment will ensure consistent terminology between the Zoning Table, Schedule 1 and Schedule 9.
Include new row for the use class ‘Exhibition Centre’ with the requirements ‘1 bay per 40m² of net lettable area.’	There are currently no specific car parking standards for ‘Exhibition Centre’ other than the general provisions of ‘other uses not listed’. The proposed parking requirements are consistent with similar uses, and will provide greater certainty to applicants.
Include new row for the use class ‘Family Day Care’ with the requirements ‘2 bays for the dwelling, plus 2 drop off/pick up bays’	There are currently no specific car parking standards for ‘Family Day Care’ other than the general provisions of ‘other uses not listed’. The proposed amendment is considered to provide an accurate representation of parking demand, and is consistent with other local government requirements.
Include new row for the use class ‘Fast Food Outlet – Drive Through’ with the requirements ‘2 bays per 2m2 of counter area, plus 1 bay per employee. Where a drive through facility is provided, 4 stacking bays plus 1 waiting bay.’	There are currently no specific car parking standards for ‘Fast Food Outlet (Drive-through)’ other than the general provisions of ‘other uses not listed’. The proposed amendment is considered to provide a more accurate representation of parking demand, and is consistent with other local government requirements. It will provide greater certainty to applicants and ensure a more transparent decision making process.
Include new row for the use class ‘Holiday Home – standard’ with the requirements ‘To be in accordance with the provisions of the Residential Design Codes’	The amendment will ensure consistency with State Planning Policy 3.1, providing greater certainty to applicants, and ensure a more transparent decision making process.
Include new row for the use class ‘Holiday Home – large’ with the requirements ‘To be in accordance with the provisions of the Residential Design Codes, plus 1 bay.’	There are currently no prescribed parking standards for ‘Holiday Home (Large)’ in Schedule 9 other than the general provisions of ‘other uses not listed’. The proposed amendment is considered to provide an accurate representation of potential parking demand, and ensure greater certainty for applicants.
Replace the requirements for ‘Home Business’ with ‘To be in accordance with the provisions of the Residential Design Codes, plus 1 bay, plus 1 bay for each employee not resident in the dwelling’	The proposed amendment is considered to provide an accurate representation of potential parking demand, and ensure greater certainty for applicants. It is also consistent with other local governments across the state.
Replace the requirements for ‘Home Occupation’ with ‘To be in accordance with the provisions of the Residential Design Codes.	A ‘Home Occupation’ does not involve any additional staff beyond the subject household, or require a car parking capacity beyond what would normally be expected in that zone. The car parking requirements are therefore considered to be consistent with the Residential Design Codes.
Delete the row for the use class ‘Library (use not listed)’	Library is not a defined use class in the zoning table and has therefore been removed from Schedule 9.
Include new row for the use class ‘Lunch Bar’ with the requirements ‘2 bays per 2m2 of counter area, plus 1 bay per employee.’	There are currently no prescribed parking standards for ‘Lunch Bar’ in Schedule 9 other than the general provisions of ‘other uses not listed’. The proposed amendment is considered to provide an accurate representation of potential parking demand, and ensure greater certainty for applicants.
Delete the row for the use class ‘Motor Vehicle Hire’	‘Motor Vehicle Hire’ is not a defined use class in the zoning table and has therefore been deleted from Schedule 9.
Amend the use class ‘Motor Vehicle Repairs and Wrecking’ to ‘Motor Vehicle and/or Marine Wrecking’ and replace the requirements with ‘1 bay per 50m2 of storage area used for vehicle wrecking.’	The amendment ensures the land use is consistent with the zoning table. It is also considered to provide an accurate representation of potential parking demand, and ensure greater certainty for applicants.
Include new row for the use class ‘Motor Vehicle Repairs’ with the requirements ‘1 bay per 30m² of sales/customer service area and office space, plus 2 bays per service bay’	The amendment ensures the land use is consistent with the zoning table. It is also considered to provide an accurate representation of potential parking demand, and ensure greater certainty for applicants.
Amend the use class ‘Motor Vehicle Sales’ to ‘Motor Vehicle, Boat or Caravan Sales’ and replace the requirements with ‘1 bay per 150m2 of site area allocated to vehicle display, 1 bay per 30m2 of sales/customer service area and office space, plus 2 bays per service bay, plus an additional 4 drop off bays if vehicle hire is provided.’	The amendment ensures the land use is consistent with the definitions in the zoning table. It is also considered to provide a more accurate representation of potential parking demand, and ensure greater certainty for applicants.
Delete the row for the use class ‘Museum’	The car parking requirements for an ‘Exhibition Centre’ are to be applied to a ‘Museum’ as they are both cross referenced in their respective land use definitions, and are likely to generate the similar parking demand.
Replace ‘for each two beds the building is designed to accommodate’ with ‘per bedroom’ in the requirements for ‘Residential Building’	The proposed amendment is considered to provide a more accurate representation of potential parking demand. It will also and ensure greater certainty for applicants and is consistent with the adopted Local Planning Policy 8.24 – Forms of Residential Accommodation other than a Single House
Replace the requirements for ‘Residential Development…’ with ‘To be in accordance with Clause 4.3.3 of LPS6 with the exception of grouped and multiple dwellings in Chinatown which is to be in accordance with the Residential Design Codes.’	The proposed amendment will provide an incentive for developers of grouped and multiple dwellings in Chinatown. It will also help achieve the desired residential density within the locality and help sustain the local centre economy.
Replace ‘4m²’ with ‘6m²’ in the requirements for ‘Restaurant (including Alfresco dining areas)’ and delete ‘1 bay for each 6m² of drinking or assembly area, where provided.’	The amendment is considered to provide a more accurate representation of potential parking demand. It is also consistent with the parking requirements for restaurants in ‘Tourist Development’ and other local governments.
Delete the row for the use class ‘Retail Premises- Hire/Shop’	‘Retail Premises- Hire/Shop’ is not a defined use class in the zoning table and has therefore been removed.
Replace the requirements for ‘Service Station’ with ‘2 vehicle standing points per fuel pump, 2 bays for every service bay and 1 bay for every employee, plus 1 bay per 20m² net lettable area of retail space’	The amendment seeks to address the growing presence of convenience retail floor space within service stations. The proposed parking requirements are considered to provide a more accurate representation of potential parking demand and are consistent with other local governments.
Include new row for the use class ‘Shop’ with the requirements ‘1 bay per 20m² net lettable area.’	The amendment is considered to provide a more accurate representation of potential parking demand, and is consistent with other local government requirements.
Delete the row for the use class ‘Take Away/Fast Food Outlets (Use not Listed)’	‘Take Away/Fast Food Outlets (Use not Listed)’ is not a defined use class in the zoning table and has therefore been removed.
Delete ‘(Use not listed)‘ from the use class ‘Tavern’	The proposed amendment will ensure consistency with the proposed use class of ‘Tavern’.
For the use class ‘Tourist Development’: a. Replace the requirements for ‘Long stay Units’ with ‘To be in accordance with Clause 4.3.3 of LPS6.’ b. Replace ‘6m²’ with ‘12m²’ in the requirements for ‘Restaurants, cafes and bars’ c. Delete ‘1 boat/trailer bay for every 10 units except where tandem parking is provided or a management statement indicates how the parking of boats are going to be accommodated in an alternative way.’	The amendment is considered to provide a more accurate representation of potential parking demand. Over time most tourist development have been approved by Council varying the parking calculated for the ‘restaurant, cafes and bars’ land use component from one bay per 6m² to one bay per 12m². In recognition that patrons attending the restaurants/cafes/bars will also come from the on-site accommodation and as this provision is often varied, it is recommended that the Scheme is updated to lessen the amount of bays required to be provided. With regard to boat parking, the need to allocate additional area on site to park boats is considered onerous given that the majority of the patrons likely to attend such development would not bring boats. People travelling with boats are likely to make arrangements for parking prior to travelling to Broome or would stay in other forms of accommodation if parking was not available for boats.
Replace ‘professional person’ with ‘treatment/consulting room’ in the requirements for ‘Veterinary Centre.’	The amendment is considered to provide a more accurate representation of potential parking demand. It also provides clarity in regards to the terminology as there were previously concerns regarding the definition of a ‘professional person’.
Delete the row for the use class ‘Other uses not listed’	Clause 3.18 of LPS6 already identifies assessment requirements for uses that are not specifically identified in the zoning table

Amend Table 2 in Schedule 9 – Car, Motorcycle and Bicycle Ratios to:

Proposed Amendment	Rationale
Replace ‘Bicycle Racks’ in the heading for ‘Table 2’ with ‘Bicycle Parking’	The proposed amendment will provide the applicant with more flexibility when proposing bicycle parking
Replace ‘Bicycle racks’ with ‘Bicycle Parking’	The proposed amendment will provide the applicant with more flexibility when proposing bicycle parking

Replace the requirements for ‘Bicycle parking’ with ‘To be provided in accordance with categories of land use with all land uses not listed at the discretion of the local government:

Type of Land Use	Visitor Parking Spaces (Net Lettable Area)	Employee Parking Spaces (Nett Lettable Area)
Shop	2 per 500m²	If over 500m², 2 spaces and end of trip facilities for employee use.
Showroom	2 per 1,000m²	If over 1,000m², 2 spaces and end of trip facilities for employee use.
Fast Food Outlet – Drive Through, Lunch Bar	2 per 50m²	If over 150m², 2 spaces and end of trip facilities for employee use.
Restaurant, Tavern	2 per 100m²public area	If over 150m², 2 spaces and end of trip facilities for employee use.
Office	2 per 750m²	If over 750m² 2 spaces and end of trip facilities for employee use.
Medical Centre	2 per 4 practitioners	If more than 8 practitioners 2 spaces and end of trip facilities for employee use.
Child Care Centre	2 per 8 employees	If more than 8 employees 2 spaces and end of trip facilities for employee use.
Tourist Development	2 per 8 accommodation units	N/A
Exhibition Centre, Recreation (Indoor), Health Club, Club Premises, Place of Assembly or Worship	3 per 200m²	N/A

Amend Table 3 (Dimensions of Parking Bays) in Schedule 9 – Car, Motorcycle and Bicycle Ratios to:

Proposed Amendment	Rationale
Delete table heading ‘Table 3 – Dimensions of ACROD, Motorcycle Bays and Bicycle Racks’ and replace with ‘ ‘Table 3 – Car, Motorcycle and Bicycle Parking Dimensions’	Administrative correction to better reflect role of the Table (currently does not state ‘car parking’)
Replace ‘ACROD Parking Bays’ with ‘ACROD Car Parking Bays’	Administrative correction to provide greater clarity.
Replace the requirements for ‘ACROD Parking Bays’ with ‘As per Australian Standard AS2890.6 2009’	Administrative correction
Delete the row for ‘Car Parking – Accessible’	The Scheme already defines ACROD parking standard. This is a repetition and is therefore proposed to be deleted.
Delete the row for ‘Car parking – Public Car Parks’	This is to be amended to reflect the different types of public car parks.
Insert ‘Car Parking – not short term parking’, ‘refer to user class 1 and 1A in AS 2890’ and include the following minimum dimensions: · Width – 2.5metres, can be reduced to 2.4 metres if parallel parking proposed · Length – parallel parking – 6 metres · Length – angle parking -5.5 metres · Aisle width/reversing space – minimum 6m.	Currently the Scheme requires that all public parking bays are 2.7m in width regardless of the land use which they service. The Australian Standard designate parking bays widths based on user classes, with parking areas that have a higher frequency of vehicle movements requiring larger bays widths, which acknowledges that greater risk of conflict between vehicle movements. This amendment seeks to change the parking bay widths and clarify the required aisle/reversing space, which is based on the user classes under the Australian Standard. This category will apply to land uses such as offices and industrial development, where vehicle movements are less frequent and will result in a reduction of 0.2m to the bay width. This will allow for land to be used for other purposes whilst still maintaining the functionality of the parking areas.
Include new row for ‘Car Parking – Public Car Park for short term parking including parking in the Town Centre zone or parking bays in association with a hospital, consulting rooms/medical centre, shop and service stations land use’ and include the following minimum dimensions: · Width – 2.6 metres, can be reduced to 2.4 metres if parallel parking proposed · Length – parallel parking – 6 metres · Length angle parking – 5.5 metres · Aisle width/reversing space – minimum 6 metres	As above, this amendment seeks to amend the parking bay width for short term parking areas from 2.7m to 2.6m. The amendment proposed are consistent with the Australian Standards. vehicles to undertake multiple manoeuvres within the parking aisles.
Include new row for ‘Car Parking – Public Car Park within road reserves’ and include the following minimum dimensions: · Width 2.7 metres, can be reduced to 2.4 metres if parallel parking proposed. · Length – parallel parking – 6 metres · Length – angle parking – 6 metres · Aisle width – minimum 6m	This parking standard will apply to an applicant who is seeking to construct parking bays within the adjacent road reserve. A greater dimension is proposed to accommodate for the predominance of 4WD ownership in Broome and to avoid the need to vehicles to undertake multiple manoeuvres within the parking aisles or prior to entering the road carriageway.

4.6 Other Matters

Proposed Amendment	Rationale
In Clause 3.34.2(a), insert ‘unless otherwise indicated on the Scheme Maps’ after ‘R40 Residential Design Code.’	As some areas zoned Mixed Use have an R10 density allocated, to ensure that this is reflected correctly in the Scheme Text, this amendment is proposed to be included.
In Schedule 4, amend the Conditions associated with Special Use ‘PF’ (Pearl Farm) for Lot 154 Willie Creek Road to state: 1.Uses may include: a. Pearl Farm and ancillary uses b. Tourist Display c. Office d. Shop e. Caretaker’s accommodation 2. Site and development requirements – as determined by local government	This Lot is the site of the Willie Creek shop and tourist display. LPS6 currently states that the Special Use is Pearl Farm only, however the predominant land use activity on site is tourist display and shop. The amendment reflects the Special Use zone zoning that applied to the land under Town Planning Scheme No 4.
Delete existing Clause 3.41.2 – Subdivision requirements in the ‘Low Impact Tourism’ zone’ and replace with ‘The local government will not support subdivision and strata titling of land within the Low Impact Tourist zone unless it is consistent with any relevant local development plan or any other relevant plan or strategy endorsed by the local government and, where necessary, the Commission.’	The proposed amendment will ensure that any subdivision forms part of a comprehensive planning process.
Include a new definition in Schedule 1 – General Definitions: ‘‘Chinatown” means the area bounded by Hamersley Street to the west, Frederick Street to the south, Roebuck Bay to the east, and incorporating all land on the peninsula extending to the north into Dampier Creek.’	Given that Chinatown is referenced in Schedule 9 and other areas of the Scheme Text a definition of the Chinatown is required to be incorporated.

4.7 Correction of Minor Mapping Errors and Omissions

A copy of amended Scheme maps can be found in the appendices.

Address	Proposed Modification	Rationale
Entire Scheme Area	Amend all maps to reflect the updated colours for all zones and reserves, where applicable, as set out in Schedule 3 of the Planning and Development (Local Planning Schemes) Regulations 2015	Administrative correction
Lot 240 (No. 71) Robinson Street, Broome (Map 32)	Amend from ‘Parks Recreation and Drainage’ reserve to ‘Public Purposes’ reserve with the notation ‘M’ (Museum’)	The local reserve is to be amended to ‘Public Purpose - Museum’ as it includes the former sailmakers shed, and is used as a Museum and not for Recreation and Drainage.
Lot 3066 (No. 75) Reid Road, Cable Beach (Map 30)	Amend from ‘Parks Recreation and Drainage’ reserve to ‘Public Purposes’ reserve with the notation ‘T’ (Telecom’)	The local reserve is to be amended to ‘Public Purpose - Telecom’ as it is currently used for telecommunication purposes.
Portions of Shelduck Way and Dunnart Crescent, Djugun (Maps 27 and 30)	Rezone from ‘Residential’ zone to ‘Local Roads’ reserve	The proposed amendment ensures that the local road reservations are correctly identified on the Scheme Maps.
Lot 728 (No. 2) Blick Drive, Broome (Map 32)	Insert R-Coding ‘R30’ This iste is	The proposed amendment is an administrative correction as there is currently no zoning on the subject lot. The R-Code is consistent with other lots within the locality.
Lot 45 (No. 14) and Lot 46 (No. 12) Mostyn Place, Broome (Map 32)	Include entirety of lots within R-Coding ‘R12.5’	The proposed amendment is an administrative correction to ensure the correct boundary alignment.
Lot 616 (No. 1) Larja Link, Cable Beach (Map 32)	Amend R-Coding from ‘R17.5’ to ‘R30’	This site was zoned Development under the provisions of TPS4 and the Structure Plan adopted over the site allocated an R30 density to this site. The site is developed with grouped dwellings at the R30 density. The incorrect R-Coding was applied in the mapping prepared fro LPS6 and this amendment will correct this.
Lot 629 (No. 39) Woods Drive, Cable Beach (Map 32)	Amend R-Coding from ‘R40’ to ‘R30’	This site was zoned Development under the provisions of TPS4 and the Structure Plan adopted over the site allocated an R30 density to this site. The site is developed with grouped dwellings at the R30 density. The incorrect R-Coding was applied in the mapping prepared fro LPS6 and this amendment will correct this.
Lot 605 Clementson Street, Minyirr (Map 32)	Amend from ‘Local Road’ to ‘Parks Recreation and Drainage’ reserve	The local road is to be amended to ‘Parks and Drainage’ reserve as this is the function that it currently provides.
Lots 501 and 502 Frangipani Drive, Cable Beach (Map 27)	Amend from ‘Tourist’ zone to ‘Parks Recreation and Drainage’ reserve	The land is currently a reserve and the administrative correction will ensure this is reflected in the LPS6 Scheme Maps.
Lots 4-23 and 57-70 Frangipani Drive	Rezone Lots 4-23 and 57-70 Frangipani Drive from ‘Tourist’ to ‘Residential’ zone with a density of R10	The proposed residential zoning is consistent with the adopted Cable Beach Development Strategy. The proposed density (R-Code) is consistent with the lot sizes and reflects lot sizes and is in accordance with the approved subdivision.
Lot 366 Gwendoline Crossing, Bilingurr (Map 27)	Amend from ‘Local Road’ to ‘Parks Recreation and Drainage’ reserve	Administrative correction as the land is currently used for drainage.
Lots 360, 352, 2605, 2606 Fairway Drive, Pt. Lot 9007 Magabala Road and Lots 1024, 1776 and 1224 Locke Street (Maps 23, 24 and 27).	Amend from ‘No Zone’ to ‘Development Zone’.	A line is currently omitted around the outer extends of these lots on the gazetted version of the Scheme maps, which means that the land is not zoned. This amendment corrects a mapping error when the maps were prepared.
Pt Lot 555 Old Broome Road, Djugun (Map 27)	Rezone from ‘Development’ zone to ‘Local Road’ reserve	Administrative correction as the existing road reservation is in the wrong location.
Pt Lot 2242 (No .147) Old Broome Road, Djugun (Map 27)	Amend from ‘Local Road’ reserve to ‘Development’ zone	Administrative correction as the existing road reservation is in the wrong location.
Pt. Lot 730 on Plan 71878 (Map 3)	Amend location of the ‘Low Impact Tourism’ zone to the location of the Barn Hill Caravan Park.	Administrative correction as the ‘Low Impact Tourism’ zone is in the wrong location.
Pt. Lot 591 Broome Road, Waterbank (Maps 10 and 16)	Amend notation of ‘Public Purpose’ Reserve from ‘WS’ (Water Supply) to ‘MS’ (Motorsport)	This is the adopted preferred site for the location of the motorsports facility. The amendment reflects the intended land use change.
Lot 3127 Coucal Street, Cable Beach (Map 27)	Amend from ‘Parks, Recreation and Drainage’ reserve to ‘Local Road’ reserve.	Administrative correction to reflect the existing road realignment
Map Legend	Delete the following ‘Special Use’ notations: · F Fisheries · H Hotel · M Motel · O Office · R Residential · O/R Office/Residential · H/M Hotel/Motel · F/R Fisheries/Residential

5.0 Conclusion

This Amendment is a standard amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

a) It is consistent with the Shire’s Local Planning Strategy

b) It will have minimal impacts on land in the scheme area that is not subject to the amendment; and

c) It will not result in any significant environmental, social, economic or governance impacts on land in the scheme area.

The proposed amendment is considered to be consistent with all relevant elements of the state and local planning framework and provides clear parameters to manage the risk of coastal hazards into the future.

On the basis of the information contained in this report, it is recommended that the amendment be supported.

PLANNING AND DEVELOPMENT ACT 2005

SHIRE OF BROOME

LOCAL PLANNING SCHEME NO. 6

AMENDMENT NO. 5

RESOLVED that the Council, in pursuance of Section 75 of the Planning and Development Act 2005, amend the Shire of Broome Local Planning Scheme No 6 by: