appendices - city of bunbury and... · city of setagaya through active promotional programs and...
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City of Bunbury 4 Stephen Street
Bunbury WA 6230 Western Australia
Correspondence to: Post Office Box 21 Bunbury WA 6231
Telephone: (08) 9792 7000 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au
Appendices Council Meeting 14 October 2014
Appendix MTBN-1 Bunbury Setagaya Sister Cities Committee Minutes 20.8.14
Appendix MTBN-2 Youth Advisory Council Minutes 10.9.14
Appendix DPDS-1 Proposed Scheme Amendment 70 Report
Appendix DPDS-2 Letter of Response – Submissions
Appendix DPDS-3 Schedule of Submissions
City of Bunbury 4 Stephen Street
Bunbury WA 6230 Western Australia
Correspondence to: Post Office Box 21
Bunbury WA 6231
Telephone: (08) 9792 7217 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au
Bunbury Setagaya Sister Cities Committee
Minutes of Meeting
20 August 2014
Committee Terms of Reference
1. To publicise and educate the Bunbury community on its Sister City relationship with the
City of Setagaya through active promotional programs and liaison with community,
educational and commercial organisations.
2. To encourage the development of special links between individuals and interest groups of
the two (2) communities.
3. To encourage and plan for cross-cultural visitations between the cities and Bunbury and
Setagaya
4. To identify opportunities to develop areas of mutual interest between the two (2) cities.
5. To advise the Bunbury City Council on matters relating to the Sister City relationship
6. All communications to the Mayor of Setagaya shall be through the Mayor of Bunbury’s
office
Page 1
Bunbury Setagaya Sister Cities Committee
Minutes of an ordinary meeting of the Bunbury Setagaya Sister Cities Committee held at the City
of Bunbury on Wednesday 20 August 2014.
Minutes
20 August 2014 Members of the public to note that recommendations made by this committee are not final and will be subject to adoption (or
otherwise) at a future meeting of the Bunbury City Council.
Committee Members:
Member Name Representing
Councillor Betty McCleary (Presiding Member) City of Bunbury
Councillor Neville McNeill City of Bunbury
Councillor Wendy Giles (Proxy) City of Bunbury
David Byatt Community Member
Suzanne Ellis Community Member
Kristin Miles Community Member
Harry Ostendorf Community Member
Kazuyuki Shimada Community Member
Valda Smith Community Member
Paul Springate Community Member
Kazoo Sumi Community Member
Pauline Vukelic Community Member
Allan Whitfield Community Member
Arron Craig Youth Member
Sophie Telfer Youth Member
Ex-officio Members:
Member Name Title
Stephanie Addison-Brown (Executive Officer) Director Community Development
Helena Sahm Team Leader Arts and Culture
Support Staff / Guests:
Member Name Title
Julian Bowron Manager Arts and Culture
Melinda Whiteley 2014 Outgoing Goodwill Tour Leader
Estee Gordon Events Officer
Jaimee Earl (Minute Taker) Executive Assistant to the Mayor
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 2
1. Declaration of Opening
Cr Betty McCleary announced the meeting opened at 5.00pm.
2. Disclaimer
Not applicable to this committee.
3. Announcements from the Presiding Member
4. Attendances
Committee Members:
Member Name Representing
Councillor Betty McCleary (Presiding Member) City of Bunbury
David Byatt Community Member
Suzanne Ellis Community Member
Valda Smith Community Member
Paul Springate Community Member
Pauline Vukelic (via teleconference) Community Member
Allan Whitfield Community Member
Ex-officio Members:
Member Name Title
Stephanie Addison-Brown (Executive Officer) Director Community Development
Helena Sahm Team Leader Arts and Culture
Support Staff / Guests:
Member Name Title
Melinda Whiteley 2014 Outgoing Goodwill Tour Leader
Estee Gordon Events Officer
Jaimee Earl (Minute Taker) Executive Assistant to the Mayor
4.1 Apologies
Apologies were noted from Cr Neville McNeill, Harry Ostendorf, Kazoo Sumi, Sophie
Telfer and Julian Bowron.
4.2 Approved Leave of Absence
Cr Wendy Giles – approved leave of absence.
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 3
4.3 Absences
Committee Members:
Member Name Representing
Kristin Miles Community Member
Kazuyuki Shimada Community Member
Arron Craig Youth Member
5. Declaration of Interest
IMPORTANT: Committee members to complete a “Disclosure of Interest” form for each item on the agenda in which
they wish to disclose a financial/proximity/impartiality interest. They should give the form to the Presiding Member
before the meeting commences. After the meeting, the form is to be forwarded to the Administration Services Section
for inclusion in the Corporate Financial Disclosures Register.
6. Public Question Time
Not applicable
7. Confirmation of Minutes
Committee Decision: Moved: Paul Springate Seconded: Allan Whitfield
The minutes of the Bunbury Setagaya Sister Cities Committee Meeting held on 16 July 2014 are
confirmed as a true and accurate record.
CARRIED
7. Presentations
8.1 Petitions
Nil
8.2 Presentations
Nil
8.3 Deputations
Nil
9. Method of Dealing with Agenda Business
Not applicable to this committee
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 4
10. Reports
10.1 Officer Reports
10.1.1 National Sister Cities Conference (Helena Sahm)
- Delegates from Setagaya, Japan are Mr Masataka Yanagisawa, Director- General Office
of the Mayor, and Mr Norio Takaku, Vice-Chairperson of the Setagaya City Assembly
with Ms Tominari who is also considering attending. Allan Whitfield asked if Takashi
was attending – no official notification has been received but Jaimee will ask the
question and wait to receive formal notification.
- Pauline confirmed Seijo musicians are attending (8-9) waiting on numbers to be
confirmed and Pauline will make travel arrangements. They will perform at the
Opening Ceremony. Pauline confirmed her husband Michael would be happy to assist
by driving the bus.
- Jetset / Helloworld have come on board as sponsors to fly speakers over. Details yet to
be refined.
- Firey Productions have indicated in-kind support for the Conference (Paul to liaise).
- Tomodachi News has given editorial to the Conference.
- Registrations open and occurring
- Publicity plan has been developed with weekly electronic updates to all on the email
list. David asked if the Committee email addresses could be added to the database to
receive the updates.
- Formal invitations to attend and hard copies of programme sent have been sent to
mayors of all those with Sister Cities. Copies for Committee members.
- Hard copies of programme and registration sent to Consulates in Perth who have Sister
City relationships in WA.
- One page register now flyer is electronically sent to all who received the initial save the
date. Approximately 300 recipients.
- Discussion of task committee conference task list. See attached – Committee to come
back with nominations. Agreed a workshop should be set up prior to discuss in further
detail.
- Arrival dates for speakers and Japan delegates still unknown.
- As discussed registration costs for Committee attendance included cost of catering only
to a value of $223.00. David asked if this included partners – Helena agreed.
- Paul advised as per Jenni’s request Bunbury Cathedral Grammar School has been
approached to provide entertainment at the dinner at Moody Cow Monday evening.
- Paul requested further information regarding what kind of camera/s would be required
for the videoing of the conference and the video link-up with Setagaya. He can then
discuss with Firey Productions.
- Helena advised an interpreter will be hired during the day, but the Committee will be
asked to act as interpreters for the evening functions.
10.1.2 Lantern Festival (Helena Sahm and Estee Gordon)
Estee Gordon, Events Officer attended to discuss the Lantern Festival at the 2014 Christmas
Carnival. Handed around a sponsorship proposal and asked the Committee to comment
before it goes out next week (attached). Estee suggested an activity area be set up next to
the new location for the Lanterns. David suggested incorporating the students traveling to
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 5
Setagaya. Pauline suggested using the mikoshi stored at the Depot and the Committee
agreed it could be decorated and set up to incorporate into the Parade.
Helena advised the price has remained the same for the lantern bags at $1.60 per bag from
the previous supplier. An order of 2,000 is required for a 2 year supply. A further quote is
being sought from an Australian based supplier. A third will be from overseas.
Estee Gordon and Stephanie Addison-Brown left the meeting.
10.1.3 Outgoing Goodwill Tour (Helena Sahm / Melinda Whiteley)
Following the participating tour parents meeting with City of Bunbury staff in July, a
majority vote was held to move from Malaysian Airlines carrier to Singapore Airlines. This
was based on parents’ confidence in the overall safety of the carrier and whether it would
be solvent at the time of the tour. An increase in $400 meant only one child was unable to
continue. This position was taken up by another deserving student. Sue suggested the child
who was unable to attend be placed at the top of next year’s list.
Melinda Whiteley, Tour Leader reported on the recent activities of the students including
the camp and meetings. Uniforms have arrived and the students are working hard on their
songs. Camp was a success and the students have been paired up. Setagaya will advise very
soon the homestay families. At the camp they worked on craft activities for gifts while they
are away including a glass jar with shells, calendar of Bunbury and kangaroo finger puppets.
Fundraising has begun which is Krispy Kreme Donuts. Orders are due next week with
delivery on Saturday 13 September. There will also be an additional fundraiser which is a
Chinese Buffet Luncheon on 31 August (invitation attached). Cr McCleary asked Jaimee to
send the invitation to all Councillors. Melinda asked Valda for her assistance with the
homestay presentation at the meeting on 4 September 2014. Valda agreed.
10.1.4 Promotional material and 20 Year Commemorative Book (Helena Sahm)
- All publications were due for print completion in July. As a result of fine tuning the
publications including text and sourcing quality photos the estimated time for printing
is end of August. Helena passed around a chronological list for the Committee to
review. Helena thanked Anna Edmondson and Pauline for their hard work.
- Folder is due for printing with inclusions made by Anna and Pauline
- Banner still has questions around it regarding its content. Anna and Pauline working on
this. Concerns were the text was too ‘wordy’ and needed finessing.
- Anna and Pauline have been working towards the book finalisation. Due to changes
required that include text modification and additional photos the quote has increased
from $1,800 to $2,500. Further changes will incur additional costs. Better quality
photos to be sourced and some editing of text required.
- Book launch dates to be decided 24 or 25 September. With input of committee to
develop an invitation list. Melinda advised the Mayoral Farewell Civic Reception for the
students is being held on 25 September – the Committee agreed the book launch could
be incorporated into this event.
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 6
10.1.5 Incoming Goodwill Tour – 31 October 2014 to 5 November 2014 (Helena Sahm)
- Tour leader nomination – if a member of the public is to be approached, the
nomination must go to Council. Committee asked to consider someone to nominate.
Betty suggested Val Philp and Helena suggested contacting Rotarians.
- The Committee is asked to decide on whom to nominate as the tour leader.
- Quotes are coming in for the bus. Go West $2,670 + GST, Bunbury Bus Hire $3,000, SW
Coach lines to come.
- Homestays 1 November to 2 November 2014, applications are coming in (approx. 9 at
13/08/2014).
Pauline left the meeting (via teleconference) at 5.55pm.
10.1.6 Seijo Junior High School Exchange (Helena Sahm)
The Seijo Junior High School is sending two teachers to Bunbury in August during their
school visit to Perth. They are interested in visiting schools in Bunbury with the interest to
create a new exchange as a result of the Perth School not continuing with their exchange
program. After extended emails between the Mayor’s office and the Cultural and
International Affairs Division City of Setagaya, the teachers visiting over the weekend are
doing this privately not wishing to have meetings or tour. They have been given Team
Leader’s number if they require help. If they don’t make it on the 17th they will come down
the following weekend.
17th August Itinerary: 12.15pm Leave Perth by train
2.40pm Arrive Bunbury Terminal
Teachers will see around Bunbury by taxi
6.00pm Leave Bunbury
8.30pm Arrive Perth
10.1.7 Bunbury Setagaya Sister Cities files from 1993 to 2010 (Helena Sahm)
The files believed to be missing have been located at the Depot Records Archive store. They
include approximately 28 Trim files containing such things as Goodwill Tour applications,
Committee nominations, some hard copy photos, Tour publications, copies of newspaper
articles, pamphlets, booklets, folders, letters etc. These are available for Committee
members to access through application through officers to records following rules of
records management. Copies can be made from these documents.
Valda asked to have a look at the boxes and Sue agreed to look with her. Helena to arrange.
10.1.8 National Sister City Awards (Helena Sahm)
The entries were sent in for the overall programme and the Photography competition.
The applications included all relating documents and descriptions provided against the
criteria set out in the application. Three hard copies were sent to Sister Cities Australia of
each application by July 31st. A hard copy of each will be provided for Committee members
to view at the meeting. Winners of the awards will be announced at the National
Conference in Bunbury on 19th November. Copies were passed around to the Committee.
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 7
10.1.9 Stirling Street Arts Centre Summer School
Stirling Street Arts Centre Summer School has invited the Committee to become involved in
their 2015 Summer School to be held from 12-23 January 2015. Workshops in anything
Japanese – ideas welcome. All proposals are welcome including dates and duration. Venue
consideration depends on nature of workshop. Also cost to participants and materials
requirements would need to be considered.
Helena to provide Cr McCleary with contact details for Kaz and Zoo incase they have
something to offer.
10.1.10 Activity Plan
Discuss activity plan status and identify activities for this financial year. Please see attached.
Discuss budget allocations. Budget included in activity Plan.
10.2 Members Reports
10.3 Any other General Business
10.3.1 Absence of Committee Members
General discussion occurred in relation to Committee Members not showing up to
meetings. Helena to provide contact details so Cr McCleary can discuss with them their
attendance at meetings.
10.3.2 Committee Business Cards
David asked whether anything further had occurred regarding business cards for the
Committee. Paul advised in June he asked for a quote as he would consider sponsoring the
cost. Cr McCleary advised Councillor discretionary funds could be used. David advised he
would be happy to source designer and printer.
10.3.3 Simcoa Tei-en Japanese Garden at Health Campus
Helena read the following email from Pauline:
“Reporting that I have been and inspected the Japanese Garden so at the next working bee
we will need to add more crushed quartz to the paths, add mulch, vacuum and lightly
prune (although I do plan to prune the hydrangea’s on my next visit to Bunbury as they are
just budding). I have completed fertilisation of the entire Garden. We need to list this
Garden for at least quarterly inspection to ensure that it is in a high standard of
presentation.”
Committee members reminded Helena of an outcome from the previous meeting – Helena
to contact Nigel at the Health Campus to arrange a rubber mat before the entrance to the
Garden immediately.
20 August 2014
Minutes – Bunbury-Setagaya Sister Cities Committee ______________________________________________________________________________
Page 8
10.3.4 Conference Workshop
Committee members agreed a Conference Workshop should be arranged for 3.30pm on
Wednesday 1 October 2014. Paul advised he will have to teleconference from Melbourne.
Jenni to attend.
11. Applications for Leave of Absence
12. Motions of Which Previous Notice has been given
Not Applicable
13. Questions from Members
14. Urgent Business
15. Date of Next Meeting
The next Meeting is scheduled for 5pm, Wednesday 17 September 2014.
16. Close of Meeting
The meeting was declared closed at 6.20pm.
Actions Required after Meeting
1. Minutes of meeting to be sent to Council for noting (Jaimee)
2. Items to be raised for Council following requests/recommendations/motions by committee
3. Any other actions required:
- Paul to liaise with Firey Productions regarding Conference arrangements
- Jaimee to check with Setagaya regarding Takashi’s attendance at the Conference
- Jenni to add Committee email addresses to Conference updates distribution list
- Helena and Estee to recover mikoshi from Depot for Lantern Festival
- Committee members to provide feedback on Christmas Carnival and Lantern Festival
sponsorship package
- Jaimee to send Chinese Buffet Dinner fundraiser invitation to Councillors
- C McCleary to contact Val Philp and Helena to contact Rotarians to find an incoming tour
leader
- Helena to arrange a time for Valda and Sue to look at boxes at depot
- Cr McCleary to contact Kaz and Zoo regarding Stirling Street Arts Summer School
activities
- Cr McCleary to contact Committee members who have not been attending meetings
regularly – Helena to provide contact details.
- Helena to contact Health Campus to arrange a mat at Garden entrance as per previous
Minutes
Hungry Hollow
4 February 2014
Source: Near Maps
Scheme Amendment 70 Town Planning Scheme No. 7
Hungry Hollow Tourism Mixed Use
Local Planning Scheme Amendment Report - Scheme Amendment 70
City of Bunbury
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Local Planning Scheme Amendment Report - Scheme Amendment 70
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Production Details
Edition Details:
Title:
Scheme Amendment 70: Special Use Zone 32 – Hungry Hollow, Lot 8 Ocean Drive, Bunbury
Production Date:
November 2013
Prepared By:
City of Bunbury
Author:
Anthony Pick, Statutory Planning Officer
Editor:
Gary Fitzgerald, Manager Development Assessment & Building Certification
Review Status:
Draft for initiation
Copy Number:
-
Project Name:
Hungry Hollow – Special Use Zone 32 – ‘Tourism Mixed Use’
Project Number:
-
Modifications List:
Version
Date
Amendments
Prepared by
Advertised
Proposed for Adoption
Final Approval
WAPC Endorsed
DISCLAIMER
This document has been published by the City of Bunbury. Any representation, statement, opinion or advice expressed or implied in this document is made in good faith and on the basis that the City of Bunbury, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein.
Information pertaining to this document may be subject to change, and should be checked against any modifications or amendments subsequent to the document’s publication.
Local Planning Scheme Amendment Report - Scheme Amendment 70
City of Bunbury ii │ 32
Contents
Production Details i
Edition Details i
Modification Details i
Contents ii
Form No. 1C iii
Appendix A, Town Planning Regulations 1967 iii
Summary Information 1
Proposal 1
State Planning Framework 1
Local Planning Policy Framework 2
Background 3
Introduction 3
Geographical Context 3
Land Use & Development Context 8
Planning Context 9
Scheme Amendment Procedure 16
Community & Stakeholder Consultation 17
Proposal 18
Purpose 18
Aim & Intent 18
Ecological Sustainability / Impact 18
Conclusion & Recommendations 20
Conclusion 20
Recommendations 20
Amending Pages 21
Adoption Page 25
Figures
Figure 1. Regional context 4
Figure 2. Aerial contex photograph 5
Figure 3. Photograph of immediate locality 6
Figure 4 Lot Boundaries 6 Figure 5 Photographs of site 7
Tables
Table 1. Lot numbers, landowners and lot areas. 8
Local Planning Scheme Amendment Report - Scheme Amendment 70
City of Bunbury 3 │ 32
Form No. 1C
Appendix A, Town Planning Regulations 1967
Planning and Development Act 2005 (as amended)
RESOLUTION DECIDING TO AMEND
A TOWN PLANNING SCHEME
City of Bunbury Town Planning Scheme No. 7
RESOLVED that the local government, in pursuance of section 75 of the Planning and Development Act 2005 (as amended), amend the above Local Planning Scheme by:
(a) replacing the existing text in the table under Schedule 2 – Special Use Zone No. 32
(b) amending the Scheme Map by rezoning Lot 8 Ocean Drive (Hungry Hollow Restaurant Site) to ‘S.U.32 Tourism Mixed Use’
in accordance with the “Local Planning Scheme Amendment 70 Report”.
Dated this........................................day of....................................20XX
............................................................ (Chief Executive Officer.)
Local Planning Scheme Amendment Report - Scheme Amendment 70
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Local Planning Scheme Amendment Report - Scheme Amendment 70
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Summary Information
Proposal
Scheme TEXT:
Amending the City of Bunbury Town Planning Scheme No. 7 (TPS7) by amending ‘Special Use Zone 32’ in the table of ‘Schedule 2 – Special Use Zones’ and replacing the existing text included in the ‘Special Use’ and ‘Conditions’ columns of the table.
Scheme MAP:
Amending the Scheme Map by:
Replacing the ‘Special Use Zone 32 – Restaurant’ depicted over Lot 8 Ocean Drive;
With Special Use Zone No. 32 - ‘S.U.32 Tourism Mixed Use’
State Planning Framework
State Planning Strategy:
State Planning Strategy (1997)
State Planning Strategy (Draft 2012)
State Planning Policies:
State Planning Policy No. 2.6 State Coastal Planning Policy;
State Planning Policy No. 2 Environmental & Natural Resources Policy
State Planning Policy No. 2.6 State Coastal Planning Policy;
State Planning Policy No. 3.1 Residential Design Codes (R-Codes); and
State Planning Policy No. 4.2 Activity Centres for Perth and Peel.
Development Control Policies:
As applicable.
Bunbury–Wellington Region Plan (Greater Bunbury Structure Plan):
Urban Developed Land.
Greater Bunbury Region Scheme:
Urban Zone.
Other:
Liveable Neighbourhoods (Edition 4), October 2008.
Local Planning Scheme Amendment Report - Scheme Amendment 70
City of Bunbury 2 │ 32
Local Planning Policy Framework
Local Planning Strategy:
Not yet drafted.
Local Planning Scheme:
Scheme TEXT -
City of Bunbury Town Planning Scheme No. 7 (TPS7).
Schedule 2 – Special Use Zones.
Scheme MAP -
Special Control Area
Nil.
Zone/Reserve
Special Use Zone No. 32.
R-Code
Nil.
Heritage List:
Nil.
Local Planning Policy:
LPP Unrestricted Residential Accommodation;
LPP Building Height;
LPP Access & Parking for Pedestrian, Bicycles and Vehicles.
Other (Strategies, Local Area Plans, etc):
LPS Tourism;
LPS Activity Centres and Neighbourhoods;
LPS Integrated Transport Study;
Back Beach Tourism Precinct Concept Plan; and
City of Bunbury Tourism Strategy 2009-2014 (April 2009, revised 2010).
Landowners Technotron
Local Planning Scheme Amendment Report - Scheme Amendment 70
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1. Background
1.1 Introduction
This Local Planning Scheme Amendment Report has been prepared for the purposes of effecting an amendment to the City of Bunbury Town Planning Scheme No. 7 (TPS7) for Lot 8 Ocean Drive, Bunbury – known as ‘Hungry Hollow’.
The purpose of the proposed Scheme Amendment is to allow for an appropriate range of mixed use tourism development including: unrestricted residential accommodation; short-stay accommodation; reception centre; shop; and, restaurant. The Scheme Amendment contains controls to regulate the development through the requirement to prepare a Local Development Plan, previously known as a Detailed Area Plan. The LDP will ensure that the development achieves the key objective of good design, including providing an active frontage to Ocean Drive, whilst respecting and minimising any impact on surrounding development.
1.2 Geographical Context
1.2.1 Location of Subject Land
The subject site comprises Lot 8 Ocean Drive, Bunbury, and has a total lot area of 1944.64m². The site located on the corner of Ocean Drive and William Street is identified as an important amenity in the City’s Local Planning Strategy for Tourism, providing an active frontage to Ocean Drive. The site is roughly square in shape. The site is located approximately 1.4km from Victoria ST, CBD; Bunbury Surf Lifesaving Club 1km; and, Marlston waterfront 2.5km.
The site benefits from expansive views to the west over the Indian Ocean.
Site levels rise from west to east.
Local Planning Scheme Amendment Report - Scheme Amendment 70
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Figure 1 - Regional Context.
Subject site
Local Planning Scheme Amendment Report - Scheme Amendment 70
City of Bunbury Page 5
Figure 2 - Aerial Context Photograph
Subject Site
Local Planning Scheme Amendment Report - Scheme Amendment 70
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Figure 3 – Aerial photograph of the immediate locality
Hungry Hollow
Figure 4 – Special Use Zone No. 32 – Lot boundaries
Local Planning Scheme Amendment Report - Scheme Amendment 70
City of Bunbury Page 7
The site currently comprises an existing licensed restaurant.
Figure 5 - View of Hungry Hollow restaurant from Ocean Drive looking east.
Figure 6 - View of property from William Street looking north.
Local Planning Scheme Amendment Report - Scheme Amendment 70
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1.2.2 Property Details
Table 1 below provides the land ownership details at the time of preparing this Local Scheme Amendment Report.
Table 1. Lot numbers, landowners and lot areas.
Lot Number / Street Address
Landowner
Lot Area
Lot 8 (#135) Ocean Drive, Bunbury
Technotron
1945m²
Total Area =
1945m²
1.3 Land Use & Development Context
1.3.1 Historical and Existing Land Use
Under the current TPS7 the site is zoned S.U.32 - ‘Restaurant’.
A restaurant has been in operation on the lot since 1963; the land use remains as restaurant.
The coastal precinct north and south of this site has historically been slow to develop to its true potential. There are a number of Special Use Sites along Ocean Drive with the intention of enabling and delivering tourism development. It is recognised that Ocean Drive needs a catalyst to help promote a high standard of mixed use development, commensurate to the locational assets that the area benefits from. The City is currently working on a number of projects, including the proposed Back Beach Tourism Mixed Use Precinct, with a view to promoting tourism, commercial, and mixed use residential accommodation along Ocean Drive.
1.3.2 Opportunities & Constraints
The main opportunities for the site include:
Potential for the redevelopment of an existing brownfield site.
Reinforce function and character as ‘Indian Ocean Entry’ to CBD;
Support provision of strategically located tourism oriented nodes providing a limited range of commercial activity;
Provide active frontage to Ocean Drive;
Maximising the strategic location of the site facing the Indian Ocean;
Utilising existing vehicular access off William Street;
Growing the coastal-based tourism experience;
Demonstration of water sensitive urban design;
Development type, bulk and mass to respond sympathetically to surrounding lower scale residential development;
High quality urban design.
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The main challenges include:
Development needs to be responsive to the constraints of the restricted size of the lot;
Building bulk and form could dominate the adjacent beachfront and residential areas, resulting in a loss of outlook, amenity and privacy;
Parking provision;
Not well served by public transport;
Microclimate.
1.4 Planning Context
State Planning Policies
The proposal is consistent with the State Planning Strategy (1997) and its general vision for the South West Region in relation to tourist development, which states as an objective:
“… recognise tourism as a legitimate land use compatible with a range of existing land uses and incorporate into future regional planning strategies and town planning schemes.”
The (Draft) State Planning Strategy (2012) makes reference to “Bunbury positioning to become the State’s second CBD” to Perth (page 26). Therefore the proposed Scheme Amendment will support Bunbury’s growth, creating the opportunity for economic benefits to the region. The proposed development also provides the opportunity to enhance a key natural asset (the coast) of the State and help deliver an opportunity to enjoy a high quality of living.
State Planning Policy No. 2 Environment and Natural Resources Policy
State Planning Policy No. 2 sets out the broad environment and resource management policies for sustainability, including measures to:
• Safeguard and enhance areas of environmental significance on the coast, including the marine environment. • Ensure use and development on or adjacent to the coast is compatible with its future sustainable use for conservation, recreation and tourism in appropriate areas. • Take into account the potential for impacts from changes in climate and weather on human activities and cultural heritage including coastal and urban communities, natural systems and water resources.
State Planning Policy No. 2.6: State Coastal Planning Policy (July 2013)
State Planning Policy No. 2.6: State Coastal Planning Policy (SPP2.6) addresses land use planning and development issues specifically as they relate to the protection and management of the coast. It also provides higher order guidance for decision making on coastal planning matters across the State. The objectives of the policy are to:
1. ensure that the location of coastal facilities and development takes into account coastal processes, landform stability, coastal hazards, climate change and biophysical criteria;
2. ensure the identification of appropriate areas for the sustainable use of the coast for housing, tourism, recreation, ocean access, maritime industry, commercial and other activities;
3. provide for public coastal foreshore reserves and access to them on the coast; and
4. protect, conserve and enhance coastal values, particularly in areas of landscape, nature conservation, indigenous and cultural significance.
The provisions of Section 5.4 – Building Height Limits apply to all urban development within 300 metres of
Local Planning Scheme Amendment Report - Scheme Amendment 70
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the horizontal shoreline datum (i.e. the coastline). As the subject site is located within this setback area, SPP2.6 requires that the maximum heights of buildings are in accordance with the Local Planning Scheme and/or Structure Plan in order to achieve outcomes which respond to the desired character, built form and amenity of the locality.
State Planning Policy No. 3.4: Natural Hazards and Disasters
State Planning Policy No. 3.4: Natural Hazards and Disasters (SPP3.4) addresses a number of natural hazards including floods, bush fire, landslides, earthquakes, cyclonic activity, coastal erosion, severe storms, storm surges and tsunamis. Statutory and non-statutory planning documents should have regard to the natural elements that may contribute to the occurrence of natural hazards including climate, geology, soils, vegetation cover, slopes, landforms and hydrology.
As with SPP 2.6, the impact of development on the surrounding coastal environment including its susceptibility to flooding needs to be satisfactorily addressed by future development proposals.
Liveable Neighbourhoods & Residential Design Codes
The Western Australian Planning Commission’s (WAPC) operational policy titled Liveable Neighbourhoods (Edition 4 October 2008) was prepared as a mechanism for implementing the objectives of the State Planning Strategy. This document aims to guide the sustainable development of Western Australia to 2029. Liveable Neighbourhoods operates as a development control policy, or code, that seeks to facilitate the development of sustainable communities.
Liveable Neighbourhoods promotes the objective of appropriate mixed land use. It gives guidance as to the design of urban and suburban neighbourhood structures that can accommodate a range of uses that are sufficiently flexible to evolve over time and incorporates the aims of:
providing urban structures that offer walkable, mixed use neighbourhoods thereby reducing car dependence for access to work, shopping and community facilities;
providing interconnected street networks which facilitate safe, efficient and pleasant walking, cycling and driving;
facilitating mixed-use urban developments which provide a wide range of living and employment opportunities; and
maximising land efficiency wherever possible.
Reference is also made to the supplementary design codes introduced for multiple dwellings to State Planning Policy 3.1 Residential Design Codes (R-Codes), which provides complementary information and provisions for designing higher density mixed use developments.
Development Control Policies
There are no Development Control Policies directly relevant to this Scheme Amendment.
Draft Greater Bunbury Strategy 2011
The Department of Planning’s Draft Greater Bunbury Strategy (released June 2011), guides urban and regional land use planning, growth and infrastructure delivery over long term horizons (to 2031 and beyond). A component of the Draft Greater Bunbury Strategy is the Greater Bunbury Structure Plan, which breaks the sub-region into eight land use categories and provides guidance for each.
The Strategy, in part, flags the importance of a prosperous economy and identifies the need to promote and support a broader range of tourism opportunities including attractions, networks and accommodation,
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building on existing regional assets and infrastructure. In this regard it acknowledges Bunbury’s waterfront and beaches are an important part of Greater Bunbury’s identity, and hence, are strategically important economic and social assets and features to the region.
Greater Bunbury Region Scheme
The Greater Bunbury Region Scheme (GBRS) was gazetted on 25 January 2008, as the statutory Region Planning Scheme with the aim of promoting the sustainable environmental, social and economic development of the Region’s natural and physical resources.
The subject site is situated in the “Urban” zone, the objective of which is to provide for residential development and associated employment, tourism facilities, recreation and open space, shopping facilities, schools and other community facilities.
Subject Lot
Source: WAPC, 2010
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1.4.2 Local Planning Policy Framework
Strategic Community Plan
The Strategic Community Plan: Bunbury 2030 has been recently adopted (June 2013). It builds on the earlier City Vision Strategy and is the City of Bubury’s highest level policy document. It contains Council’s direction and key goals and objectives in accordance with the following broad vision statement:
Bunbury will continue to be recognised as the capital City of the South West region, with a strong and diverse economy offering a safe, friendly and vibrant lifestyle within an attractive natural and built environment.
It is anticipated that the site and the proposed Special Use designation will play an important role in creating an environment that will attract new local business (Goal 2, Objective 2.3), grow visitor numbers (Goal 2, Objective 2.2), support housing options (Goal 4, Objective 4.1), improve urban design (Goal 3, Objective 3.1), and add to a sense of place, character and identity in the City (Goal 4, Objective 4.4).
Local Planning Strategy for Tourism
The proposal is consistent with the Local Planning Strategy for Tourism (LPS-T) adopted by Council in May 2009. The LPS-T provides a framework and set of recommendations for the planning, development and management of the city’s tourism. The LPS-T is a policy mechanism that informs amendments, reviews and development applications by acting in the place of a Local Planning Strategy. Nevertheless, with the adoption of a Local Planning Strategy, the LPS-T will continue as a detailed supporting strategy that will be reviewed in order to inform a subsequent review of the overarching Local Planning Strategy.
The Strategy objective for the Ocean Beach area is to provide a range of short stay tourist accommodation with ocean orientation and easy access to the beach and further enhance facilities for the Ocean Beach area.
The Strategy acknowledges that Ocean Beach is a major physical feature that helps define the City. It is also a highly valued recreation area and an area that presents significant opportunities for tourist developments. The Coastal Enhancement Project has substantially improved the beachscape and is providing a catalyst for tourism investment. Further enhancement will establish Ocean Beach as one of the premier tourist destinations and recreation areas in the state.
The LPS-T describes the setting of Ocean Drive STL as follows:
Ocean Drive provides an impressive southern entrance into the heart of the City. With the exception of the Bunbury Surf Lifesaving Club and Ex-tensions Restaurant, the coastal foreshore is undeveloped. Landscaping and amenity up-grading is ongoing as part of the Bunbury Coastal Enhancement Project. The coastal enhancement program currently underway along Ocean Drive delivers new footpaths, public car parking provision, beach access, seating areas, revegetation of dunes, all of which will help to improve the appearance and amenities associated with this section of foreshore.
On the eastern side of Ocean Drive, the built form comprises a mix of new and older styled residential property, however this character is changing with the vibrant housing market driving residential redevelopment and modernisation. Besides the 2 motels, commercial activity is limited to the Hungry Hollow Restaurant, located at the junction of William St and Ocean Drive.
Hungry Hollow is identified as a ‘Minor Mixed Use Tourism Activity Node’. The Strategy recognises that the public interface on the landward side of Ocean Drive is weak and needs to be encouraged to develop, and that, furthermore, any new commercial development that is proposed adjacent to Ocean Drive should be encouraged to provide an element of active frontage and address linkages with the beach. The proposed
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scheme amendment will be consistent with meeting the objective of the Strategy. A condition of the Special Use is that an active frontage is provided at ground floor level to address Ocean Drive.
Local Planning Strategy (Proposed)
The City of Bunbury is in the process of preparing its inaugural Local Planning Strategy. This document will present strategic guiding directions and principles of land use planning and design for the city, and is designed to bridge the high level goals and vision found within the Strategic Community Plan and City Vision Strategy, with the zoning and provisions to be captured in the forthcoming revised Local Planning Strategy No. 8 (LPS8).
A Local Planning Strategy - Discussion Paper was released in September 2012, which confirms Ocean Drive as a coastal recreation and tourism-oriented mixed use corridor that requires its own land use and design / development g u i d e l i n e s . The core strategic planning intention for this corridor is to maintain the precedence of tourism-oriented uses on tourism zoned land and to encourage appropriate forms of development as part of an integrated planning strategy for the city.
A draft Local Planning Strategy is anticipated to be formally advertised before the end of 2013.
Local Planning Policy: Building Height
This Local Planning Policy, which commenced operation in 2009, establishes a logical framework of building height limitations in order to balance opportunities for development with the need to maintain important aspects of Bunbury’s recognised character, amenity and identity such as view sheds.
The policy designates maximum building heights in the Ocean Beach North precinct within which the subject site is situated. The Policy identifies a maximum height limit of 15m, subject to justification through addressing the performance criteria of the policy, which requires a Development Impact Assessment to address matters of: views of significance from public viewpoints; overshadowing; impact on adjacent properties etc. Following the submission of a Development Impact Assessment Council resolved at its meeting of 4th February 2014 to advertise the Scheme Amendment to include: ‘A maximum height of 18 metres (near the intersection of William and Ocean Drive) with an average height for the development of 15 metres’
Local Planning Policy: Unrestricted Residential Accommodation
Unrestricted Residential Accommodation (URA) and Unrestricted Residential Occupation (URO) are land use terms set by the city to define the alternative use of a dwelling for either short stay accommodation or for permanent habitation. “Unrestricted Residential Accommodation” is defined, in TPS7, as:
Premises comprising a dwelling or dwellings (either single, grouped or multiple) that benefit from extended rights in that they may be occupied either permanently as a residential dwelling, or temporarily for short-stay accommodation.
Coupling permanent residential use with an URA use gives owners and investors the flexibility of using a dwelling for either long term residence or short term let. The policy guides and regulates this use of the land, and includes the following objectives:
(a) to broaden the scope of short stay accommodation options available to those visiting the City;
(b) to enhance the depth and variety of the visitor experience within strategically important tourism locations;
(c) to provide landowners and investors with greater flexibility in the use and leasing of residential
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property; and
(d) to seek to ensure that premises with uses recognised as either Unrestricted Residential Accommodation or Unrestricted Residential Occupation are:
located within supportive environments;
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appropriate to their immediate setting;
suited to the purpose in terms of building form and design; and
managed in an orderly and considerate manner.
The policy notes that URA as a dual use will only be considered for support within Special Use Zones and applications involving new build single, grouped or multiple dwellings, or a change (extension) of use of existing multiple dwellings, where this relates to all units on the lot or a logical discrete part of the block. The proposal is consistent with the intent and application of the policy and aims to be responsive to the mixing of permanent residents and short stay occupiers.
Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles
This Local Planning Policy (LPP) commenced operation in December 2010, with the intent to ensure that the transport needs of the community are adequately met by the associated use and development of land within the city. More specifically, the policy aims to guide exercising of discretion in the determination of applications for planning approval with respect to the provision of parking and/or access for pedestrians, bicycles and vehicles. The LPP applies to all land within the City of Bunbury, including the subject site.
The LPP complements the Scheme by providing a comprehensive guide to required access and parking standards in land use and development and in addressing such matters as cash-in-lieu and reciprocal and shared parking and access arrangements. Elements of this policy will need to be considered in subsequent planning processes and ultimately the assessment of any future development proposals for the site.
The parking requirements will be addressed through the Local Development Plan.
Other Local Planning Policies
The LPP’s listed above are not exhaustive and other adopted policies may have relevance during the planning layout and design stages.
Local Planning Scheme (TPS7)
Scheme Text
The City of Bunbury Town (Local) Planning Scheme No 7 is a district-wide scheme that deals with the more detailed development requirements. The Scheme is supplemented by a series of Local Planning Policies made under the provisions of the Scheme, referred to above.
The land is currently zoned 'Special Site - Restaurant' to reflect the existing development which is the Hungry Hollow restaurant. Special use zones are used in Schemes to deal with developments that either do not fit comfortably into another zone; or those developments where the Council needs to ensure that the specified development is restricted to the defined use and conditions as set out for that special use.
The special uses are listed in Schedule 2 of the Scheme. The subject land is defined as Special Use No. 32 as shown below.
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No. Description of land
Special Use(s)
Conditions
32
Hungry Hollow Restaurant Site Lot 8 Ocean Drive
Restaurant
1. Development to be in accordance with standards specified by Council.
2. Any development application will need to address the issue of building height, bulk and visual amenity, particularly in relation to adjoining residential development and impact on the appearance of the Bunbury Back Beach foreshore.
3. The effectiveness of the parking provisions must be monitored and appropriate steps must be taken by Council and the owners of the lots if those provisions are found to be inadequate.
Special Use Zone 32- TPS7 Scheme Map
Source: WAPC and PlanWest, 2010
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Other Relevant Projects and Strategies
City of Bunbury Back Beach Tourism Precinct Plan
In August 2012 the Council released a draft concept plan for the Back Beach Tourism area. The closest part of this precinct is located about 450 north of the subject land and therefore has no direct impact on this proposal.
However, the detail accepted by the Council in this draft concept plan, is relevant. The concept plan acknowledges the importance of selecting the appropriate locations for activity nodes. The Scott Street intersection with Ocean Drive has been identified as the location for a tourism mixed use activity node with a mix of land uses including, restaurant, small bar, unrestricted residential accommodation as well as a mix of other commercial uses. Building heights for the precinct are promoted as 3-5 stories on the beach front, in accordance with the Building Heights Policy.
It is clear that the intersection of Ocean Drive and William Street is also one of the most important links in an east-west direction. As the ocean-side sites are developed into a significant destination the William Street access will become increasingly important.
Recognition of selected sites best suited for landmark developments echoes good urban design principles, as recognised in the Back Beach Tourism Precinct Concept Plan. The provision of a landmark building provides an orientation for visitors and residents and invites the presentation of an innovative building. Corner expressions are supported and it is noted that a number of corners within development precincts will be prominent from the public domain, marking intersections and terminations of key views. In the case of the subject site the Heights Policy allows an increase in height to 15m, where such height can be justified through addressing performance criteria, to provide expression. Following the submission of a Development Impact Assessment Council resolved at its meeting of 4th February 2014 to advertise the Scheme Amendment to include: ‘A maximum height of 18 metres (near the intersection of William and Ocean Drive) with an average height for the development of 15 metres’
City of Bunbury Tourism Strategy
While the City of Bunbury Tourism (Destination) Strategy 2009 – 2014 (April 2009 revised 2010) is not a statutory planning instrument, it provides relevant information on tourism values generally, the potential of the site and its surrounds. The stated purpose of the Tourism Strategy is to act as a corporate strategic plan for defining the city’s role in tourism development and marketing over a five year period.
The Tourism Strategy identifies that new tourist accommodation in a range of market sectors (particularly high end) is desirable, and that commercial nodes along Back Beach to activate tourism are currently limited.
1.5 Scheme Amendment Procedure
The proposed amendment has been prepared by the City’s Statutory Planning department, and progressed in accordance with both the Planning and Development Act 2005 (sections 75 and 84) and the Town Planning Regulations 1967.
To date, the proposed amendment has not been formally assessed by the Environmental Protection Authority (EPA). The referral of all scheme amendments to the EPA is a requirement under section 81 of the Planning and Development Act 2005, which obliges local governments to refer any scheme amendment to the EPA upon resolution to prepare or adopt an amendment to the Local Planning Scheme (i.e. TPS7). This referral is to enable the EPA to discharge its responsibilities under section 48A of the Environmental
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Protection Act 1986.
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It is expected that the proposed amendment will not require an Environmental Review in accordance with section 48C(1)(a) of the Environmental Protection Act 1986, as there are no known significant environmental impacts generated by the proposal. Therefore, it is expected that instead of requiring an Environmental Review, the EPA may give ‘informal advice’. The recommendations of any informal advice may then be used to inform the Region Scheme Compliance Omnibus Amendment (e.g. inclusion of any relevant Environmental Conditions).
Following granting of consent by the WAPC to proceed with the amendment, the proposal would be advertised for public comment for a period of not less than 42 days in accordance with the provisions of the Planning and Development Act 2005.
On completion of advertising, the scheme amending documentation is to be referred back to Council for its second consideration to finally adopt. Should Council then resolve to adopt the amendment, the scheme amending documentation is to be referred to the WAPC for its endorsement and referral to the Minister for Planning for final approval and gazettal.
1.6 Community & Stakeholder Consultation
Once the WAPC grants permission to the Local Government to publicly advertise the proposed amendment, public notices will be placed in locally circulated newspapers and also referred to the EPA for its consideration for Environmental Review in accordance with the Environmental Protection Act 1986.
In accordance with both the Planning and Development Act 2005 and the Town Planning Regulations 1967, the proposed amendment is to be referred to all relevant State government agencies and publicly advertised for comment during a formal advertising period of 42 days.
Council must take into account any submissions received during the public advertising period prior to final adoption of the proposed amendment. The submissions, together with the scheme amending documentation and Council’s resolution, are then to be forwarded on to the WAPC for its endorsement and final approval by the Minister for Planning.
Public advertising dates and submission forms can be downloaded from the Public Notices and Advertisements page of the City’s website at www.bunbury.wa.gov.au.
Submissions can be lodged during the public advertising period in person at Council’s administration centre located at 4 Stephen Street, or alternatively posted to:
Chief Executive Officer City of Bunbury PO Box 21 Bunbury WA 6231
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2.0 Proposal
2.1 Purpose
This Local Planning Scheme Amendment Report has been prepared for the purposes of effecting an amendment to the City of Bunbury Town Planning Scheme No. 7 (TPS7) to rezone the subject site (Lot 8 Ocean Drive) to Special Use Zone 32 - ‘Special Use Zone No. 32 – Tourism Mixed Use’
The Amendment provides an opportunity to facilitate a comprehensive redevelopment of the subject land for a mix of uses, including a restaurant, short-stay accommodation, shop, and residential uses.
2.2 Aim & Intent
The Scheme Amendment will facilitate a broader spectrum of appropriate uses that will help meet the City’s objectives for enhancing the Ocean Drive corridor as an important tourism and economic asset.
This Scheme Amendment proposal seeks to establish statutory control and guidance to regulate and positively manage development brought forward through the Special Use Zone. Integral to this is the requirement for the preparation of a Local Development Plan (LDP), which will set out detailed provisions and standards to achieve a high quality development. The requirements are set out in the Conditions Column of the revised Special Use Zone.
2.3 Ecological Sustainability / Impact
Natural Environment
The lot comprises a brownfield site and is clear of native vegetation. No flora or fauna report has been prepared.
A Local Water Management Strategy will ensure that any environmental impacts that may occur by virtue of redevelopment of the site, such as mitigation of flood risk, are taken into account.
The site is identified as being of low to nil risk of Acid Sulphate Soils (ASS).
Built Environment
The built environment will form part of the long term plan to support tourism/mixed use development along the Ocean Drive corridor. The redevelopment of the site will provide an opportunity to provide high quality development that can play an important role in the streetscape, located on a strategic corner lot identified as an important tourism node. The opportunity for providing a corner landmark building that has a positive impact on the character and appearance of the area is supported. The detailed consideration, including height, will be through the Local Development Plan and the Development Application.
Social Environment
The proposal will encourage a mix of housing types. Development would benefit from the locational assets of the site, opposite the Indian Ocean. The re-development of the site may also help deliver a trend for higher quality ocean-facing developments thus enhancing the social environment along Ocean Drive.
The new development proposed would include residential apartments above the restaurant / commercial development, providing the opportunity for a high quality mixed use development.
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Cultural Heritage
The site is not listed on the City’s Municipal Inventory or State Register of Heritage Places, and is assessed as having no known heritage value.
Economic Issues
The rezoning of the site will deliver a net benefit to the economy facilitating growth in the tourism industry and commercial aspects arising from the development.
The site is currently used as a restaurant and the rezoning would allow a greater mix of uses to maximize the potential of the site, whilst respecting the existing development in the locality.
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3.0 Conclusion & Recommendations
3.1 Conclusion
The proposal is consistent with planning policy and provides the opportunity to deliver a high quality mixed use tourism-orientated development.
The Scheme Amendment Report encourages an integrated approach to the long term redevelopment of the site, having regards to its surrounding land uses and wider context.
The Scheme Amendment is put forward as the proposed land uses are supported to deliver the objectives (mixed use tourism development) of the City along the Ocean Drive corridor. The design considerations to achieve an efficient use of land whilst respecting adjoining development will be controlled through the submission of a Local Development Plan, as required by the Amended Conditions.
3.2 Recommendations
The following recommendations are made to progress proposed Scheme Amendment 70 to the City of Bunbury Town Planning Scheme No. 7:
A. The Local Government, in pursuance of the Planning and Development Act 2005, amend the above Local Planning Scheme by making modifications to the Scheme Text and Scheme Map, as detailed in the Local Planning Scheme Amendment Report by:
(a) Replacing the existing text in the table under Schedule 2 – Special Use Zones at No. 32;
(b) Amending the Scheme Map to include the description ‘S.U 32 – Tourism Mixed Use.
B. The Western Australian Planning Commission to be advised of Council’s decision, and three (3) copies of cadastrally correct Scheme Map and Scheme Text amendment documentation, prepared to the satisfaction of the Executive Manager of City Development, are to be submitted to the Western Australian Planning Commission for its consideration to permit the public advertising of proposed Scheme Amendment No. X.
C. A copy of the proposed Scheme Amendment No. X documentation to be referred to the Environmental Protection Authority and any other relevant public authority, for consideration and comment.
D. Subject to endorsement by the Environmental Protection Authority (EPA) and the granting of permission by the Western Australian Planning Commission, the proposed Scheme Amendment No. X is to be advertised for public comment with a submission period of not less than forty two (42) days.
E. Following public advertising of the proposed Scheme Amendment No. X, the proposal and any public submissions lodged with the City during the advertising period is to be returned to Council for further consideration.
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Local Planning Scheme Amendment Report - Scheme Amendment 70
Amending Pages
Planning and Development Act 2005 (as amended) Amendment 70 to City of Bunbury Town Planning Scheme No. 7
The City of Bunbury under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above Local Planning Scheme by:-
Deleting ‘S.U No. 32’ under ‘Schedule 2’ of the Scheme a n d inserting the following:-
SCHEDULE 2 - SPECIAL USE ZONES
No.
Description of Land
Special Use(s)
Conditions
32 Lot 8 Ocean Drive, Bunbury
The following land use classes are permitted only where the Local Government has exercised its discretion as a ’D’ and/or ‘A’ use by granting Planning Approval and only where those uses are identified on and in accordance with the provisions of an adopted Local Development Plan.
‘D’ uses
(a) Restaurant (b) Short-stay Grouped Unit (c) Short-stay Multiple Unit (d) Multiple
Dwelling/Unrestricted Residential Accommodation (URA)
‘A’ uses
(a) Hotel (b) Motel (c) Private Recreation (d) Reception Centre (e) Shop (maximum
100m2
gross floor area on the lot) ‘X’ uses All other uses not listed
above
1 Application Requirements 1.1 Local Development Plan - (a) The Local Government shall require the preparation
and submission of a Local Development Plan for Lot 8 Ocean Drive (the “development site”), to be adopted by Council and endorsed by the W estern Australian Planning Commission prior to any planning approval being granted. Development is to be generally in accordance with the adopted Local Development Plan.
(b) The Local Development Plan is to be prepared in accordance w i t h L i v e a b l e Neighbourhoods and the Residential Design Codes, and must demonstrate such detail to the satisfaction of the Local Government that the development of land within the Special Use Zone is consistent with orderly and proper planning and the achievement of the highest appropriate level of amenity.
(c) The Local Development Plan shall include information and details to the specifications and satisfaction of the Local Government dealing with, but not limited to the following:
i. standards and requirements for development site
planning and building design; ii. interface and buffer treatments between the surrounding residential uses and the development site; iii. urban design treatment of streetscapes and
residential interfaces; iv. traffic management, including accessways and
internal circulation; v. vehicle parking and circulation areas and
treatments; vi. pedestrian access and movement; vii. building height and scale; viii. development setbacks from boundaries and between buildings; ix. landscaping within setback areas and between
buildings; x. views to and from the site (e.g. with regard to
inland residential areas); xi Location and extent of communal and private
outdoor living areas; xii Indicative finished contour levels across the site; xiii Layout, extent and arrangement of proposed
land uses, with commercial/active frontage provided at ground floor level to Ocean Drive;
xiv Screening elements to parking, servicing and loading areas; and
xv Location, area, type, style and quality of signage presentation.
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Local Planning Scheme Amendment Report - Scheme Amendment 70
(d) The Local Government shall require the preparation and submission of a Stormwater Management Plan as part of any Local Development Plan. The Stormwater Management Plan is to be designed and implemented in accordance with the guidelines contained in the Stormwater Management Manual for Western Australia (Department of Environment, 2004) and the Design Process for Stormwater Management for Western Australia (Department of Environment and Swan River Trust, 2005).
(e) The Local Government shall require the preparation and submission of a Traffic & Parking Management Plan, prepared to the satisfaction of the Local Government, as part of any Local Development Plan.
1.2 Development Impact Statement - (a) Subject to section 9.2 of the Scheme, the Local
Government may require a Development Impact Statement to be prepared by the proponent and submitted as part of any application for planning approval that addresses the terms of reference specified by the Local Government.
(b) Subject to the Scheme the Local Government may require a Development Impact Statement to be prepared by the proponent and submitted as part of any application for approval of a Local Development Plan or Scheme Amendment, which addresses the terms of reference specified by the Local Government. The Development Impact Statement is to be prepared in the nature of and contain the information provided in a Scheme Report pursuant to clause 12 of the Town Planning Regulations 1967.
(c) Any supporting Development Impact Statement report may describe and explain existing site conditions, potential impacts resulting from the development proposal, management strategies and design statements; and any other explanatory material and details as necessary to provide the Local Government with sufficient understanding of the scope, purpose and intent of the proposed development outcomes.
2 Land Use and Development Standards
2.1 W h e r e d e v e l o p m e n t s t a n d a r d s are n o t prescribed within the provisions of the Special Use Zone or in an adopted Local Development Plan, the general development requirements and standards of the Scheme shall prevail.
2.2 Residential and other Development - (a) Residential development, including the plot ratio, open space, landscaping, vehicle access & parking shall conform to the R80 density requirements of the Residential Design Codes. (b) Plot Ratio The maximum plot ratio of a development on the lot for all uses is to be 1.35. (c) Maximum building height of 18 metres (near the intersection of William Street and Ocean Drive) with an average height for the development of 15 metres.
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Local Planning Scheme Amendment Report - Scheme Amendment 70
(d) Minimum Setbacks distances to lot boundaries for all residential development shall be in accordance with the Residential Design Codes. (e) All dwellings shall have the dual use of Unrestricted Residential Accommodation and shall be designed having due regard to the relevant provisions contained with the Residential Design Codes to the satisfaction of the Local Government; (f) All short stay accommodation units will be subject to the restrictions under the Strata Titles Act 1985; (g) Off-street parking, loading and service areas are to be located to the rear of, within, or under buildings, screened from the street and/or public open spaces; (h) W here development would result in a strata scheme arrangement prior to occupation a long term management agreement will be required to be established between owners of Unrestricted Residential Accommodation development and any short stay accommodation operator to ensure the integrated management of all tourist accommodation units.
2.3 Shop
A shop use on the lot will only be permitted to a
maximum total floor space of 100 2.
m
City of Bunbury 24 │ 32
Local Planning Scheme Amendment Report - Scheme Amendment X
Existing Scheme Map
Proposed Amendment to Scheme Map
Scale: 1 : 1,500
Legend:
Source: Cadastre - Department of Land Information
Scheme Amendment - City of Bunbury
Plot Date: 16 October 2009
Map Sheet:
Local Planning Scheme Amendment Report -
City of Bunbury
Delegated under section 16 of the Planning and
Adoption Page
Adopted for Advertising
Adopted for advertising of Scheme Amendment number X to the City of Bunbury Town Planning Scheme No. 7, in accordance with the Planning and Development Act 2005, by resolution of the Council of the City of Bunbury at its Ordinary Meeting of the Council held on the 4th day of February, 2014 (Decision Number: 40 / 14 _).
Mayor
Mayor Gary Brennan
Chief Executive Officer
Signed:- …………………………………………………………
Andrew Brien
Final Approval
Signed:- …………………………………………………………
Adopted for final approval by resolution of the City of Bunbury at its Ordinary Meeting of the Council held on the day of , 20 _; and the Common Seal of the City of Bunbury was hereunto affixed by the authority of a resolution of the Council in the presence of:
Mayor
Mayor Gary Brennan
Chief Executive Officer
Signed:- …………………………………………………………
Common Seal
Andrew Brien
Signed:- …………………………………………………………
Recommended/Submitted for Final Approval
Development Act 2005 Signed:- ………………………………………………………… Date:- / /
Local Planning Scheme Amendment Report -
City of Bunbury
Final Approval Granted
Minister for Planning
Signed:- ………………………………………………………… Date:- / /
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SCHEDULE OF PUBLIC SUBMISSIONS
CITY OF BUNBURY TOWN PLANNING SCHEME NO. 7 AMENDMENT NO. 70 PROPOSED SCHEME AMENDMENT - HUNGRY HOLLOW - REZONING SPECIAL USE ZONE 32 FROM 'SPECIAL USE - RESTAURANT' TO 'TOURISM MIXED USE'.
No Name Address Summary of Submission Planning Services Comments on Submission
Government Agencies
1 Environmental Protection Authority
Locked Bag 10, EAST PERTH WA 6892
The EPA considers that the proposed scheme amendment should not be assessed under Part IV 3 of the Environmental Protection Act 1986 (EPA Act) and that it is not necessary to provide any advice or recommendation.
Noted
2 Main Roads WA PO Box 5010, BUNBURY WA 6231
No objection Noted
3 Aqwest PO Box 400, BUNBURY WA 6231
No comments Noted
4 Western Power GPO Box L921 PERTH WA 6842
Noted for planning database for review of network capacity in the future.
Noted
5 Department of Aboriginal Affairs
PO Box 3153 EAST PERTH WA 6892
Hungry Hollow does not coincide with any Registered Aboriginal sites.
Hungry Hollow location does overlap with boundary of ‘Other Heritage Place’ DAA 21371 (Back Beach 03). DAA 21371 has not been determined to be a Registered Site under section 5 of the Aboriginal Heritage Act (1972).
Noted. Comments – applicant advised of request.
Recommended future developers make use of the Aboriginal Heritage Due Diligence Guidelines.
Developer is recommended to contact the DAA.
6 Water Corporation PO Box 100 LEEDERVILLE WA 6007
No Objection. Noted
7 Department of Water [email protected]
Department of Water advises Local Water Management Strategy for Lot 8, Ocean Drive is not required, however preparation of submission of Stormwater Management Plan is required.
DoW supports any opportunity for this site to demonstrate water sensitive urban design.
Noted. Comments – Condition 1.1 (d) of Special Use No. 32 will require the submission of a Stormwater Management Plan.
Public Submissions Support in principle – concerns raised
8 Roslyn Manning 7/127 Ocean Drive, BUNBURY WA 6230
Support subject to the following:
Sufficient parking is provided
Setback requirements are consistent with regulations
Height is restricted to two (2) storeys.
No part of development to be built above the right of way vehicle entrance to #127 Ocean Drive.
Support noted. Comments – Detailed planning matters such as set back requirements, car parking etc. will be assessed through the requirement for a Local Development Plan. It is noted that Council resolved to initiate and advertise the Scheme Amendment with a height of 18m. The recommendation of Development Assessment is that the maximum height should be in accordance with the adopted LPP: Signage and Advertisements. The Local Development Plan would identify building outlines and take account of any easement (right of access) on the title.
9 B & J Van De Ruit 8/127 Ocean Drive, BUNBURY WA 6230
Supports the development in principle as the proposal will be a positive step in the redevelopment of the area. Concerns are noted in regards to:
Main concern relates to the increase in height from 12m to 18m as this will be out of character with the surrounding residential area.
The variety of uses proposed is overstated considering the size of the property.
If an increase is to be permitted, this should be restricted to a maximum of 15 metres in height at the corner of Ocean Drive and William St, and stepped down to 12m.
Car parking needs careful consideration as parking is limited.
Support noted. Comments – It is noted that Council resolved to initiate and advertise the Scheme Amendment with a height of 18m. The recommendation of Development Assessment is that the maximum height should be in accordance with the LPP. The proposed land uses are considered appropriate having regards to both the State and City’s Local Planning Policy Framework. The matter of car parking will be dealt with through the Local Development Plan, in accordance with the car parking requirements of the Scheme.
10 Dora Dalton 143 Ocean Drive BUNBURY WA 6230
Supports the:
‘D’ uses contained in Schedule 2 on proviso that service road is retained by those houses within the area
Objects:
Objects strongly to the inclusion of ‘A’ uses in Schedule 2 list due to issues of traffic management, parking, noise affecting adjoining residential area and potential devaluation of existing properties.
Support noted. Comments – Condition 1 (c) iv. of the Special Use requires the submission of a Traffic Management Plan to address traffic generation and access. Parking will be in accordance with the Scheme and will be addressed in the Local Development Plan. Noise – The principle of the land use are considered compatible. The specific operational or design requirements (dependent upon the use) will be dealt with either as part of the Local Development Plan or through assessment at Development Application stage.
Public Submissions - Objection
11 Janice Edwards 141 Ocean Objects: Noted.
Drive BUNBURY WA 6230
Parking, people traffic across Ocean Drive & William Street, with the increased vehicle traffic & hoons.
Comments - Condition 1 (c) iv. of the Special Use requires the submission of a Traffic Management Plan to address traffic generation and access.
12 Barry & Daphne Bastow 9/127 Ocean Drive BUNBURY WA 6230
Objects:
Number of permitted uses under the rezoning is too much for a small site. Suggest limiting uses in line with amount of car parking required for each use.
The current building height is restricted to 12 metres in height, with an extension to 15 metres in exceptional circumstances. There are no such exceptional circumstances.
Parking is already limited for a single storey restaurant, so it is impossible for the parking on site to meet the demands of the potential three storey building.
Comments:
Acknowledges that public consultation and opportunity to input into the process is positive as this has not always been the case, resulting in parking issues impacting on local residents and development approved that does not adhere to set back requirements that other residents are required to comply with.
Council requested to undertake extensive consultation with local residents, in particular with regards to matters of: parking; setback should be line with all other buildings along
Noted. Comments - The land uses are considered to compatible and in line with both State and Local Planning Framework. The range of land uses that will occur on site will be restricted by the requirement to comply with the parking requirements of the Scheme. It is noted that Council resolved to initiate and advertise the Scheme Amendment with a height of 18m. The recommendation of Development Assessment is that the maximum height should be in accordance with the LPP. The Local Development Plan would be subject to further public advertisement.
Ocean Drive; side set backs need to be provided; limit of number of uses permissible in particular having regarding to the shortage of parking.
Any decision should have regard to the predominately residential character of the area.
13 H Kendall 23/11 Mangles Street BUNBURY WA 6230
Objects:
Amenity of area will be affected.
Increased traffic flow – slow driving tourists – frustrating for locals.
Increased parking issues – patrons currently use public parking on Ocean Drive demonstrating onsite parking insufficient currently.
Loss of quiet, casual venue & well priced food– local people support the business, tourism is seasonal.
Loss of older, iconic building – loss of landmark building will add to Bunbury’s loss of individuality.
Existing business is focused on local people and is not dependant upon tourism, which is seasonal.
Noted Comments - Condition 1 (c) iv. of the Special Use requires the submission of a Traffic Management Plan to address traffic generation and access. The land use restaurant will continue to be an appropriate use on the lot. It is the commercial decision of the operator what service is provided. The building is not heritage listed. The proposed land uses will support tourism development.
14 Mr & Mrs McMurdo 1 William Street BUNBURY WA 6230
Objects:
Noise from delivery services during early hours of the morning (4-7am)
Corner of Ocean Drive & William Street is traffic hazard now. Large vehicles & cars cannot and do not turn into William Street without going into right-hand lane.
Noted Comments – Noise attenuation or operation requirements would be addressed either at DA stage or through compliance with the Noise Regs. It is also noted that the existing land use permitted is a ‘restaurant’. Condition 1 (c) iv. of the Special Use requires the submission of a Traffic Management Plan to address traffic generation and access
15 Mr & Mrs McMurdo 1 William Street BUNBURY WA
Objects:
Parking is still a problem arising from patrons of the Hungry Hollow.
Noted Comments - Parking will be assessed under the
6230 High-rise development would result in overshadowing of property.
provisions of the Scheme and will be dealt with as part of the Local Development Plan. It is noted that Council resolved to initiate and advertise the Scheme Amendment with a height of 18m. The recommendation of Development Assessment is that the maximum height should be in accordance with the LPP.
16 Kevin Turner 8/10 William Street BUNBURY WA 6230
Objects:
Loss of sea views
Lack of parking in area
Increase in noise pollution
Increase in crime
Noted. Comments – Loss of view is not considered to be a valid planning consideration. However, loss of outlook would be considered as part of the set back / height requirements as part of the Local Development Plan. Parking will be assessed under the provisions of the Scheme and will be dealt with as part of the Local Development Plan.
Late Submissions
17 Received 12/5/14
Tom Price (Frank Price) 137 Ocean Drive BUNBURY WA 6230
Objects:
Intersection of Ocean Drive and William St is a notorious spot for accidents and near misses and is already too busy for the existing facility.
Any intensification of use will require upgrading of William St and traffic management at the intersection with Ocean Drive.
Any multi-story car park will result in greater traffic congestion day and night.
Is access to be from Ocean Drive or William St or both? – Both are bad ideas.
Significant and lengthy disruption to traffic during the construction phase.
Noted. Comments - Condition 1 (c) iv. of the Special Use requires the submission of a Traffic Management Plan to address traffic generation and access. Hungry Hollow is identified as a “Minor Mixed Use Tourism Activity Nose’. The proposed land uses would be consistent with State and Local Planning Framework.
Refute Planwest statement that the development would enhance the social environment;
Planwest assert that antisocial behaviour of the existing restaurant has been addressed through communication with Council and adhered to by the management and owner. This is incorrect. Residents stopped contacting the Council after Rangers advices that would not be available after 8pm. There has been no consultation between the Council and residents in this regard.
The existing business still has incidents of anti-social behaviour, parking issues, dangerous driving and near misses.
Comments:
Not against development or tourist attractions. However, residents are against the wrong development in the wrong place.
Suggest old Punchbowl caravan park site is better suited for the proposed land uses.
18 South West Development Commission
Po Box 2000 BUNBURY WA 6231
Comments:
Suggests a reconsideration of the ability of the site to become 100% residential (URA) since Back Beach Structure Plan key objectives are to create a vibrant tourism precinct.
The site is not identified as a major tourism site and there is currently no requirement under the current zoning. URA provides the opportunity for both permanent residential and/or temporary short stay accommodation.
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