established and reticulated in accordance with the … and minutes...• car parking –parking...

established and reticulated in accordance with the endorsed Landscape and Management Plan. These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury.

Note - the basalt wall shall not be demolished until details for its reuse have been agreed in writing by the City of Bunbury.

18. Before the development is occupied, the car parking areas must:

a. provide a minimum of 1064 car parking bays;

b. provide #### car parking bays for the exclusive use of disabled persons in accordance with AS/NZS2890.6:2009.

c. be constructed, kerbed, graded, drained and finished with a sealed or paved surface, in accordance with the approved detailed car park design plans;

d. have line marking and parking signage installed, in accordance with the approved detailed car park design plans; and

e. have lighting installed to pedestrian accessways and parking areas, in accordance with the approved detailed car park design plans.

All car parking areas must comply with the above requirements for the duration of the development.

19. Before the development is occupied, bicycle parking spaces and end-of-trip facilities, including a minimum of 1 male and 1 female showers, and 7 lockers, are to be provided in accordance with the City of Bunbury’s Local Planning Policy: Access & Parking for Pedestrians, Bicycles and Vehicles

20. Before the development is occupied, any alterations, relocation and/or damage of existing infrastructure within the road reserve shall be completed and/or reinstated to the specification and satisfaction of the City of Bunbury.

21. Before the development is occupied, all regulatory line marking and/or signage required to external roads is to be installed and subsequently maintained to the satisfaction of the City of Bunbury.

22. Before the development is occupied, a Signage Precinct Plan prepared in accordance with the City of Bunbury’s Local Planning Policy: Signage and Advertisements is to be submitted to the City of Bunbury for approval.

23. Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

24. Goods or materials shall not be stored within the parking or access circulation areas, or within the approved landscaping areas.

25. The subject land is situated on the Preston River Flood Plain and is susceptible to flooding. Building construction shall have a minimum finished floor level of ####m AHD.

26. Prior to the commencement of development a Delivery Management Plan (DMP) shall be submitted to and approved in writing by the City of Bunbury for the servicing of the Shopping Centre. The DMP shall include:

i. Details of location and access arrangements to all proposed service / loading bays, including turning circles/swept paths;

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ii. Efforts to optimise (reduce) vehicle size and frequency of movements, in particular adjacent to the Women’s Club - Lot 10 Prinsep Street;

iii. Delivery times and measures to ensure safe access for pedestrians and cyclists when servicing is taking place.

The approved DMP shall be implemented and carried out in accordance with the approved plan. Where modifications are proposed the applicant is to undertake a written request to the City of Bunbury.

27. Details of the pedestrian footway (in the form of a decked path) adjoining the south of the Paisley Centre shall be submitted to and agreed in writing by the City of Bunbury. The approved works shall be carried out in accordance with the agreed details and to the satisfaction of the City of Bunbury.

28. All external surfaces of concrete panels shall be painted.

• Other conditions maybe imposed in respect of any identified shortage in car parking requirement e.g. cash-in-lieu or legal agreement for any identified parking to be incorporated in stage two, or in response to any additional plans or referral responses before the application is considered by the JDAP.

Advice Notes

1. This is a planning approval and it is not a building permit. The development the subject of this approval is also regulated by the Building Code of Australia and a separate building permit must be granted before the development commences. The owner is advised to liaise further with the City of Bunbury’s Building Certification team on (08) 9792 7000.

2. The applicant is invited to liaise with the Paisley Centre with regards to the possibility of reusing the basalt wall and other locally distinctive materials/artefacts e.g. remnants from the Bunbury jetty, in the landscape works for the area referred to by the applicant as Paisley Square.

3. The Waste Management Plan is to detail how and where waste produced from the development will be stored, handled and removed.

4. Where new crossovers are proposed, and before construction of the crossover can commence, a separate verge crossover permit application must be submitted and approved. A verge crossover permit application form is available from the City of Bunbury’s website.

5. Car park ventilation is to comply with the requirements specified in the City of Bunbury Health Local Laws 2001, Part 5, Division 5, Car parks. Ventilation must be in accordance with AS1668.2 and certified by a suitably qualified mechanical engineer, with a copy of the certification provided to the City of Bunbury’s Environmental Health department prior to the car park being used.

6. The development is to comply with the requirements of the Health Act 1911 (as amended) and the City of Bunbury Health Local Laws 2001.

7. The development is to comply with the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

8. In relation to the work Traffic Management Plan, the City of Bunbury advises that this condition is required to ensure traffic management provided within and out of the site will cause minimal disruptions to the surrounding road network during the construction period.

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9. The owner, builder and applicant are reminded of their obligation to ensure that all sand drift, waste, building materials and equipment is contained within the boundaries of the site during the construction period.

10. The City of Bunbury advises that all regulatory line marking and signage within the road reserve also requires the approval of Main Roads Western Australia.

11. The City of Bunbury advises that the development shall be contained wholly within the lot boundaries.

Background:

Property Address: Lot 1, 288, 289, 290 Blair Street

Lot 690, 483 Arthur Street

Lot 20 Stephen Street

Lot 856 Haley Street

Zoning: Greater Bunbury Region Scheme (GBRS) -

Regional Centre

City of Bunbury Town Planning Scheme No. 7 (TPS7) -

City Centre

Use Class/es: Shop; Fast Food Outlet; Lunch Bar; Restaurant; Recreation-Private; Office; Child Care Facilities; Consulting Rooms; Medical Centre.

Strategy Policy: Local Planning Strategy for Activity Centres and Neighbourhoods

Development Scheme: City of Bunbury Town Planning Scheme No. 7 (TPS7)

Lot Size: 46,341 square metres – total of all lots, inclusive of reserves

Existing Land Use/s: Mix of land uses associated with the Shopping Centre, including Shop; Fast Food Outlet; Restaurant; Office.

Value of Development: $20 million

The subject site comprises two existing shopping centres: Centrepoint Shopping Centre and the Stirling Centre, located within the City of Bunbury’s Central Business District (CBD). The site is zoned “Regional Centre” under the Greater Bunbury Region Scheme (GBRS) and “City Centre” under the City of Bunbury Town Planning Scheme No. 7 (the Scheme).

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The site adjoins commercial development to the west and is bound to the east by Blair Street, which is reserved as “Other Regional Road” under the GBRS. Beyond Blair Street the land is reserved for “Regional Open Space” under the GBRS and further east is the Leschenault Inlet.

As the proposed increase in floor area does not meet the definition of “major development”, as defined within the “Activity Centres for Greater Bunbury Policy” (April 2012), the development does not require the preparation of an Activity Centre Structure Plan.

A location plan showing the context of the subject site and surrounding area, and extracts from the GBRS and the Scheme Map, can be viewed at Attachment 4.

Details: outline of development application The proposed development to the Centrepoint and Stirling Centre shopping centres includes:

• Comprehensive redevelopment of an integrated Centrepoint and Stirling Street Shopping Centre;

• 2,064m² of additional floor area for food and beverage (including a new food court), commercial, and retail uses;

• Improvements to the public realm, including a new civic square between the Paisley Centre and Centrepoint Shopping Centre;

• Internal reconfiguration of existing tenancies; • Demolition and rebuild of the decked car park, adjacent to Hayley Street; • Reconfiguration of car parking layout and upgrades/modifications to the surrounding

road layout – details of which will now be subject to further information prior to works commencing;

• Changes to loading/delivery areas.

The applicant’s report, accompanying plans and architectural perspectives can be viewed at Attachment 2.

Legislation and Policy:

Legislation

• Planning and Development Act 2005;

• Planning and Development (Local Planning Schemes) Regulations 2015 (as amended) (P&D Regs);

• Greater Bunbury Region Scheme; and

• City of Bunbury Town Planning Scheme No. 7.

State Government Policies

• Activity Centres for Greater Bunbury Policy (April 2012). Local Strategies and Local Planning Policies

• Local Planning Strategy for Activity Centres and Neighbourhoods;

• Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles;

• Local Planning Policy: Building Facades of Commercial and Industrial Development;

• Local Planning Policy: Building Height;

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• Local Planning Policy: Landscaping; and

• Local Planning Policy: Signage and Advertisements.

Consultation:

Public consultation was undertaken due to the extent of development works within the CBD and the considered public interest. The application was advertised for public comment from 17 February 2016 to 11 March 2016.

Public consultation measures included the following:

- notification letters were sent to surrounding landowners/occupiers;

- public notification signs were erected onsite;

- public notice of the proposal was published in a locally circulated newspaper, for two consecutive editions;

- public notice of the proposal was posted on the City of Bunbury’s website;

- copies of plans and supporting information were made available at the City of Bunbury customer service centre.

Twelve (12) public submissions were received, of which eleven (11) raised matters of concern/objection to the development.

The main issues raised in submissions were in relation to:

• Urban Design – proposal represents a missed opportunity to respond and engage with the Leschenault inlet and surrounding cultural precinct;

• Car parking – parking requirements should be met on site and not waived or through cash-in-lieu;

• Paisley Centre (State Heritage Listed Building) – Heritage Place No. 330

o Concern at the interface of Centrepoint Shopping Centre and Paisley Centre;

o Public realm should include locally distinct materials e.g. remnants from the timber jetty etc;

o Loss of service access to rear (south) of the Paisley Centre which impacts on the operational requirements of the museum;

o The basalt wall should be retained in situ;

o Concern that landscape works will adversely impact on the fabric of the heritage building;

o Demolition of the basalt wall will open up the existing enclosed courtyard area that is regularly used for children and group activities;

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• Impact on the Central Business District (CBD) – concern has been raised that parking within the CBD will be disrupted during construction works and this will impact on local business. Any road closures should be undertaken on a Sunday or at night;

• Servicing / Loading to the Stirling Centre – The Women’s Club (Lot 10 Prinsep Street) raise an objection to any intensification of the existing loading area; impact on the State Listed Heritage Building (Heritage Place No. 5681) from deliveries; and request closure of the right of way.

Refer to the Schedule of Submissions attached at Appendix 3.

Consultation with other Agencies or Consultants

Department of Planning.

The application has been forwarded to the Department of Planning who confirmed that an Activity Centre Structure Plan is not required. The Department of Planning will be lodging a separate Responsible Authority Report, as part of the dual approval process.

State Heritage Office

The State Heritage Office have deferred providing advice until elevations/perspectives are received, detailing the interface between the Paisley Centre and the Centrepoint extension. In addition further information has been requested in respect of the impact of the landscaping and drainage works on the fabric of the Paisley Centre.

Main Roads, WA

• Recommend review of raised platform crossing Haley Street;

• Further detailing to ensure proposed works do not affect the operation of the traffic lights at the intersection of Blair Street / Hayley Street;

• Identify areas of concern to turning movements and recommend safety audit is carried out.

A copy of the referral agency responses can be viewed at Appendix ####

Planning Assessment:

The development has been assessed by the City of Bunbury in accordance with the Scheme and relevant state and local planning policies. The following table provides a summary of the assessment against the development requirements.

Development Component

Required / Permitted Proposed Comment

Land Use Any use with a “P”, “D”, or “A” may be considered.

All land uses e.g. Shop; Fast Food Outlet; Lunch Bar; Restaurant; Recreation-Private; Office; Child Care Facilities; Consulting Rooms; Medical Centre are “P” land

Complies

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uses.

Building Height Local Planning Policy: Building Height.

Centrepoint Shopping Centre: 21 metres.

Stirling Centre: 32m.

RL11.40, as advised by the applicant.

Complies

Building Setbacks As required by local government.

The proposed setbacks, which includes a nil setback to Haley Street, are considered appropriate in the context of the City Centre Zone and the efficient use of land.

Complies

Plot Ratio 3.5 0.63, as advised by the applicant.

Complies

Site Coverage 100% 67.60%, as advised by the applicant

Complies

Landscaping As required by local government

New landscaping will be provided to both public and private areas.

3,111m² on site

2,535m² offsite

Condition

Car Parking In accordance with the LPP, the car parking requirement has been calculated on 1 bay per 20m² for additional GLA.

The development has a shortfall of #### parking bays.

Awaiting further information from applicant

Land Use

The proposed extension to the Centrepoint Shopping Centre and Stirling Centre is an appropriate land use within the “City Centre Zone”.

The redevelopment and renewal of the existing shopping centres will support the role of the CBD as the primary focus for commercial/retail development. As such the development is consistent with the intent of the Activity Centres for Greater Bunbury Policy and the GBRS, where the subject site is zoned “Regional Centre”. The definition of “Regional Centre”, in the context of Bunbury is:

“The Bunbury central business district where commercial, civic, cultural, residential, service and administration serving the region are to be located”.

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At a local scale, the proposed development, which provides an appropriate mix of complimentary land uses, is consistent with the overarching objective for the “City Centre Zone” as required by the Scheme, which states:

“To provide for a broad range of uses including administrative, civic, cultural, entertainment, educational, residential, recreational, retail and hospitality/tourist as well as other commercial functions and activities which assist in maintaining and promoting the primacy of the Bunbury Central Business District: -

(a) within the local government area; and

(b) as the Regional Centre within the Bunbury-Wellington Region.

The specific land uses proposed are all listed as “P” – Permitted, as identified in Table 1 – Zoning Table of the Scheme.

Urban Design

There has been some concern raised during the public consultation process that the proposal fails to take advantage of its unique setting by addressing and engaging with the Regional Open Space and Leschenault Inlet to the east.

The opportunity to do so is acknowledged and earlier concepts of the redevelopment did seek to take advantage of the views across the inlet. However, the current proposal focuses on activating and modernising the existing entrance from Prinsep Street and providing a linkage between the two shopping centres. It is accepted that much of the footfall to the centres is from the CBD and therefore, whilst the comments are noted, it is considered that the proposed development will play an important role in redeveloping the CBD and providing an attractive façade and much improved visitor experience.

The proposal represents a comprehensive redevelopment of Centrepoint Shopping Centre and Stirling Centre, including changes to the external façade with a contemporary twist drawing on Bunbury’s relationship with the sea and its port status. The materials include metal sheeting, wall cladding, wooden beams, masonry and painted cement.

The new food court to the Centrepoint Shopping Centre represents a modern and attractive contemporary design, which will enhance the public realm and visitor experience.

The new glazed link between the two shopping centres provides an attractive glazed walkway/entrance that integrates the two centres.

Further information is currently sought in regard to consideration of the interface of the proposed extension to Centrepoint and the Paisley Centre, with respect to heritage considerations.

Landscaping

The existing landscaping at Centrepoint consists of mostly hard landscaping on-site and soft landscaping on road verges. Stirling Centre Shopping Centre has little or no landscaping.

At this stage, the landscaping is considered to be at concept stage and further details are required, in particular in regard to the proposed works at Paisley Square. The landscaping works are supported in principle, as the works will activate the area and provide an attractive public realm

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and streetscape. However, due to the sensitivity of the Paisley Centre, as a State Heritage property, further detailed design drawings are required.

It is therefore recommended that a condition is imposed requiring a detailed Landscape Plan to be provided for the City of Bunbury to approve prior to construction of the development commencing.

This will allow for the proposed landscaping plan to be assessed against clause 5.9.2.4 of the Scheme, which requires “…the planting of predominately indigenous trees and shrubs, that require little maintenance, reduce radiant heat and encourage water infiltration”, and the remaining provisions of Local Planning Policy: Landscaping. The condition will also ensure the planting and ongoing maintenance of the landscaped areas in accordance with the approved landscaping plan.

Car Parking

A shopping centre development contains a relatively diverse range of land uses, where it is expected that there will be frequent movements and changes to different land uses within the shopping centre. Therefore, acknowledging that there is reciprocity with patrons attending multiple businesses in a visit, a general car parking standard for shopping centres (rather than differing car parking rates for different land uses) has been employed. This approach also negates the car parking requirement for change of use applications within the main shopping centre building.

The Scheme at clause 5.7.3.9 states that:

“Where an existing use/development is enlarged or intensified, such as construction of an additional building or an extension of an existing building, additional parking bays to meet the requirements of section 5.7 shall be provided in respect of the additional building or extension only, provided that –

(a) there is adequate provision of off-street parking bays servicing the existing use/development; and

(b) the use of the land remains the same and any existing area of parking is not reduced, or if disturbed, any existing parking bays are replaced in the new use/development”.

The City of Bunbury acknowledges that under the current planning framework, there could be a number of interpretations of methods to calculate car parking provision for a shopping centre development.

For this application, the City of Bunbury has assessed the provision of car parking for the shopping centre in accordance with Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles - Car Parking Table for Specific Uses - Shopping Centre.

Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles allows a 10% car parking concession to be granted due to alternative transport modes. The Local Planning Policy at clause 8.13.1 states:

“For a use/development greater than 3,000m² in gfa, the Local Government may exercise its discretion in granting planning approval by reducing the car parking requirement by up to 10 per cent (10%) where the development provides for a practicable and convenient alternative transport mode to the private motor vehicle.

Consideration shall be given, but not limited to, bus parking and access for people or groups with special needs and bicycle storage and access to the satisfaction of the Local Government.”

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Subject to a 10% car parking concession in relation to the provision of bicycle parking and end of trip facilities, clause 8.13.2 states that the above concession cannot be applied with any other relaxations to minimum car parking standards granted.

It is considered that this concession is applicable to the application, because the combined Centrepoint and Stirling Centre Shopping Centre are greater than 3,000m² gfa and the site is accessible by regular public transport (bus) services and has bicycle parking and end-of-trip facilities. However, it is considered that no other parking relaxations should be granted.

The car parking provision assessment is as follows:

Note – The City of Bunbury is seeking clarification from the applicant on existing GLA and off street car parking calculations. However the following figures are derived from the City’s own review, pending confirmation of the above.

Local Planning Policy requirement: (Shopping Centre)

1 bay per every 20m² of gla for greater than 12,000m² gla, where located within a district centre.

Existing GLA 21,419m2

Proposed GLA 23,540m2

Net Increase in GLA 2,121m2 / 20m2 = 107 parking bays

Local Planning Policy concession 10% - alternative transport modes Net Total of additional bays

96 parking bays

Car bays proposed: 1,064 bays minus existing 990 (to be confirmed) = 74 parking bays

Car parking surplus: -22 parking bay shortfall (this may increase depending on whether on site car parking bays have only been included in the proposed breakdown of parking bays). The City does not count on street bays as part of the requirement.

A condition is recommended that requires submission of a detailed car parking plan(s) for all access, car parking, bicycle and pedestrian movement requirements and trolley bay provision to be submitted for approval prior to the construction of the development commencing. The City of Bunbury advises that changes to the car parking design may require amended development approval.

Bicycle Parking and End-of-Trip Facilities

Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles at AD8.1.1 requires on-site bicycle parking and end of trip facilities to be provided with the development and

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use of premises within the ‘City Centre Zone’. The bicycle space provision, based upon the proposed extension of floor area of ####m², is calculated as follows:

Local Planning Policy requirement:

Shopping Centre:

• Employee - 1 per 800m² gla and class 1 or 2;

• Visitor - 1 per 600m² nla and class 3;

• End of trip facilities - one locker per bay, and one male and one female shower in separate change rooms per 10 bays.

Gross leasable area (gla) - addition Shopping Centre:

2,121²,

Bicycle bays required (min.):

• Employee - 3 bays;

• Visitor - 4 bays;

• End of trip facilities - 1 male and 1 female showers, and 7 lockers.

Bicycle bays proposed: • Applicant seeks such details to be dealt with through condition

It is recommended that a minimum of 1 male and 1 female showers, as well as 7 lockers, are provided in the shopping centre in accordance with the Local Planning Policy provision. Furthermore, a 10% parking concession has been applied to the car parking assessment due to the availability of alternative transport modes, including bicycles.

A condition is recommended to ensure that bicycle spaces and end-of-trip facilities are provided prior to occupancy of the development.

Stormwater Drainage

At this stage, the developer has advised the City of Bunbury that no civil/hydrological engineering consultants have yet been engaged to prepare the appropriate plans in order to satisfy the City’s stormwater storage, flow and treatment requirements. The developer has requested that appropriate conditions are provided which require detailed stormwater drainage design plans to be submitted for approval at a later date.

Therefore, a condition is recommended which requires a Stormwater and Drainage Management Plan to be submitted for approval prior to the construction of the development commencing. Furthermore, the Stormwater and Drainage Management Plan is to be implemented and stormwater pollution controls installed prior to the development being occupied.

Access

As advised by the City of Bunbury in discussions with the applicant, and then independently raised by Main Roads Western Australia in its submission, there remains the critical need to confirm the impacts and mitigations of the development on the local and regional road network (i.e. leading

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from the ‘Other Regional Roads Reserve’ of Blair Street to Haley Street, Prinsep Street, Carmody Place and Wellington Street).

In the absence of an adequate Transport Assessment, there remains a limited but necessary scope for further detailed investigation and design works for road layouts/intersection treatments, and that there is the possibility of a requirement for development contributions to be made as an outcome of any further assessment (which the City of Bunbury can assist with in relation to traffic modelling).

Unfortunately, given the quantum of unknowns, the local government at this stage cannot confidently determine or condition what the desired outcomes should be with any degree of certainty without receiving further details for approval (e.g. roundabout dimensions and car parking entrances/exits).

Therefore, in accordance with Schedule 2, deemed clause 74(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 (as amended) further detailed design plans will be required through planning condition to ensure compliance with the Scheme.

Developer Contributions / Infrastructure Upgrades

The City of Bunbury recommends a condition that requires the provision of specific infrastructure upgrades to be undertaken by the developer in conjunction with their development works, once the extent of works have agreed following submission of further information on engineering/transport issues.

Waste

A waste management plan has not been submitted with this application for development approval. Further analysis of waste generation, waste storage and collection areas is required. Therefore, a condition requiring a waste management plan to be approved prior to construction commencing is recommended.

Signage

Signage details have not been submitted with this application for development approval. In accordance with Local Planning Policy: Signage and Advertisements at clause 8.15, a signage precinct plan is required to:

“…regulate the location, area and type of signage in order to achieve a unified style and quality of presentation.”

Clause 8.15.2 of the Local Planning Policy specifies the information to be included in a signage precinct plan. A condition is recommended which requires a signage precinct plan to be approved prior to occupancy of the development.

Council Recommendation/Comments:

The draft JDAP report was presented to Council for noting at its meeting of ####.

Conclusion:

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This application for development approval has been assessed against the relevant planning framework. The proposal is considered to be consistent with the intent and objectives of the City Centre Zone. The proposed upgrades to the building facades, contemporary new food court, link between the centres, and creation of Paisley Square, all play a role in activating the area and providing much needed public realm improvements, consistent with delivering a modern shopping centre.

The proposed landscape works to Paisley Square also provides the opportunity for showcasing locally distinct artefacts in the overall design e.g. remnants from the Bunbury jetty.

At this stage, however, the City of Bunbury considers the development plans submitted to be preliminary in nature, with further information and approvals required for elements including: access, infrastructure upgrades, car parking, stormwater drainage, landscaping, building exterior, waste and signage.

The Planning and Development (Local Planning Schemes) Regulations 2015 at Schedule 2, deemed clause 74(1) states that:

“The local government may grant development approval subject to a condition that further details of any works or use specified in the condition must be submitted to, and approved by, the local government before the developer commences the development.”

Therefore, detailed design plans are recommended through planning conditions to ensure compliance with the planning requirements. If changes to the approved plans occur, an application for amendment to development approval may be required.

It is recommended that this application for development approval is approved, subject to conditions.

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SCHEDULE OF PUBLIC SUBMISSIONS PROPOSED CENTREPOINT SHOPPING CENTRE AND STIRLING CENTRE STAGE ONE REDEVELOPMENT –

Blair Street BUNBURY 6230

No Name Address Summary of Submission Government Agencies/Service Authorities

1 Department of Lands – South West – GreatSouthern

[email protected] The abovementioned land is crown land. The Department of Lands to be consulted on any sections that may affect this land.

2 State Heritage Office PO Box 7479

Cloisters Square PO WA 6850

We have some concerns about the lack of information regarding the landscaping and carparking in the vicinity of the Paisley Centre.

If you could forward further information in respect to the following when it is available, that would be appreciated:

· Impact to the setting as a result of landscaping and new development, and how this may impact oncurrent views from the north/east elevations.

· Approach to drainage and water management issues to the site. Some of the proposed landscapingaround the building is not appropriate and will exacerbate existing damp issues, and further adviceshould be sought in this regard.

· The treatment of the section between the external south wall and carpark, and levels showing how the‘channel’ will be addressed. This also relates to the management of water runoff and damp issues.

We would recommend that the Landscape Concept is revised to address these issues, and that a heritage practitioner is consulted regarding the best approach to these managing these issues.

For your information I have attached a link to a very useful document on Rising Damp and Salt Attack. The illustration on page 36 is a useful one for managing gardens and paving in close proximity to heritage buildings.

3 Main Roads WA PO Box 5010 BUNBURY WA 6231

The proposed raised platform pedestrian crossings on the Haley Street should be reviewed. Raised platforms this close to the entry and exit to a roundabout where vehicles need to manoeuvre freely, may be a safety issue. If the aim is to achieve speed reduction, a better option may be to reduce the width of the roundabout circulating lane which is currently very wide. In addition, there is a risk that pedestrians will mistakenly assume that they have right of way at these crossings and treat them like crosswalks.

The proposed changes should give consideration to the movement of buses and trucks up to semi-trailer size. Kerb alignments will need to accommodate the turn movements of these larger vehicles. In addition, the design of the raised platforms may need to be more generous to accommodate these larger vehicles.

The proposed works could affect the operation of the traffic signals at the intersection of Blair Street and Haley Street. This is not considered a high risk, however further detailed plans are required to do a proper check showing the changes proposed at the intersection and its approaches.

Appendix DPDRS-13

mailto:[email protected]

No Name Address Summary of Submission Reducing the entry into Haley Street from Blair Street to one lane could be problematic if vehicles turning left into the multi-storey car park from Haley Street queue past the start of the short left turn lane.

The right turn into the western parking area from Prinsep Street might be hard to prevent. It is noted that this restriction and preventing the right out from the multi-storey carpark will significantly increase the number of u-turns at the roundabout.

Given the changes proposed, it is strongly recommended that a road safety audit be undertaken.

Any changes to the traffic signals or regulatory signs and lines will of course require Main Road approval.

4 Aqwest PO Box 400 BUNBURY WA 6231

Aqwest has no objections in relation to the above subdivision.

5 Department of Water PO Box 261 BUNBURY WA 6231

1. The redevelopment of Centrepoint did not provide any detail on stormwater management. The department recommends that the redevelopment of Centrepoint should follow the principles outlined within the DoW’s Decision Process for stormwater management (2009) and the Stormwater Management Manual for Western Australia (2004-2009). These principles should include but not be limited to:

a. Minimise the export of pollutants to surface and groundwater, which ultimately discharge into the Leschenault Inlet which is a protected Management Area under the Waterways Conservation Act;

b. Promote sustainable harvesting, recycling and reuse, for example in such a development the capture and use of rainwater is a viable option;

c. Integrate stormwater treatment into the landscape by using vegetated stormwater systems to improve water quality and the amenity of the development; and

d. Manage runoff and peak flows from urban areas to ensure that flooding of the general area is not enhanced and that the capacity of the existing City’s stormwater systems is not exceeded.

The DoW noted that within the Landscape and Indicative Master Plans, there were areas set aside for tree-scaping and grassed areas; many of these areas could be integrated with the required stormwater systems. The detail provided was insufficient to assess if this has occurred, what if any restrictions there may be in the receiving stormwater systems, to check that sufficient land has been set aside for stormwater management; and/or flood flowpaths.

It is assumed the City will assess these aspects in accordance with their Information Guides on Stormwater disposal from private, commercial and industrial properties; Stormwater drainage plans; Connection to the City’s drainage network; and Landscaping plan. The department can provide further advice as more information becomes available.

2. The subject property is located within the Bunbury West groundwater subarea as proclaimed under the Rights in Water and Irrigation Act 1914. Any groundwater abstraction in this proclaimed area is subject to

No Name Address Summary of Submission licensing by the department.

As of 01/03/16 there was:

· water available in the Perth Leederville aquifer;

· water available in the Perth Swan Superficial aquifer; and

· no water available in the Perth Yarragdee South aquifer.

Under the department’s South West groundwater areas allocation plan (2009), which relates to the subject land. Available water is allocated on a first-in first-served basis and as such, there is no guarantee that water will be available at the time of development. The availability of water resources can be viewed at the department’s public water register is available at www.water.wa.gov.au/ags/WaterRegister.

3. The redevelopment proposal lacks linkages between the Regional Open Space (ROS) comprising of the Leschenault Inlet Foreshore and Queens Garden. The report called ‘Stage One Redevelopment Development Application’ mentions views of the development to the Inlet Foreshore (page 5). The redevelopment plans do not show any attempt to take advantage of these views.

The ‘Greater Bunbury Strategy’ outlined in the report mentions a requirement for networks between movement, green and activity centres. This has not been addressed in the redevelopment on the east and northeast sides of the Centrepoint redevelopment.

The Department of Water would like the redevelopment of Centrepoint to consider design principles that incorporates the integration of landscape and public amenity that demonstrates the integration of the Leschenault Inlet Foreshore into the activity centre of Bunbury.

Based on the above advice the DoW:

· Supports the Redevelopment Proposal for Centrepoint based on:

o incorporation of key water sensitive urban design principles, for both stormwater and water reuse and efficiency;

o detailed investigations and design of stormwater systems to ensure the capacity of the City’s receiving stormwater system is not exceeded and that flooding of the general area is no enhanced; and

o better integration of the Leschenault Inlet foreshore and public amenity design into the east

http://www.water.wa.gov.au/ags/WaterRegister

No Name Address Summary of Submission and northeast sides of Centrepoint.

6 ATCO Gas Australia PO Box 3006 SUCCESS WA 6964

Support/No objection: ATCO Gas has gas mains infrastructure of varying pressures predominantly within the road reserves in the immediate vicinity of the abovementioned Lots. ATCO gas have service lines within the Lots that provide commercial gas supplies. ATCO Gas also has an Abandoned Gas Main that traverses Lot 1 Blair Street Bunbury as shown on the attached Figure. Abandoned Gas Mains should be treated as a live main until a Residual Gas Test has been requested to be carried out by ATCO Gas to determine the presence of any gas within the Main. ATCO Gas do not have any objections to the proposed Stage 1 Redevelopment being approved. ATCO Gas request early consultation with the proponent prior to any proposed demolition, construction or ground disturbance commencing. Attached letter – We wish to advise that ATCO Gas Australia have gas infrastructure within the adjacent road reserves of Blair Street, Prinsep Street, Stephen Street, Arthur Street and Stirling Street Bunbury to Lots 1, 288, 290, 20, 0 and 690. ATCO Gas has no objection to the proposed redevelopment proceeding however we do request contact by the proponent during the preliminary design stage, prior to any redevelopment commencing to ensure that any existing gas infrastructure is addressed. Advice Notes to applicant: · ATCO Gas Australia has Medium Pressure gas mains in the vicinity of the properties described,

predominantly within the road reserves, within the City of Bunbury. Lot 0 also has an Abandoned Gas Main (AB) traversing it that may be impacted by any ground disturbing activity. Commercial gas service lines exist within the lots and may not all be shown on the attached Figure.

· The applicant is advised to contact ATCO Gas on 9499 5272 in this regard. Anyone proposing to carry out construction or excavation works must contact ‘Dial Before You Dig’ (Ph 1100) to determine the location of buried gas mains and infrastructure.

Attached Submission Form – ATCO Gas Australia own and operate underground gas pipelines and infrastructure that may be impacted.

7 Department of Fire and Emergency Services

PO Box 1288 BUNBURY WA 6231

Whilst the final Masterplan design is yet to be promulgated and therefore DFES comment pertaining to Building Code of Australia (BCA) requirements is limited, it is assumed that any buildings will be required to be afforded the provision of life and fire safety systems in accordance with the relevant provisions of the BCA.

In this regard, DFES and community expectations will require satisfactory emergency vehicular access to be provided to each building. Given that all access roadways and turn around areas should satisfactorily accommodate the mass of an attending fire appliance, please review DFES Guidelines GL 11 from our website,

No Name Address Summary of Submission which provides data on fire appliances to enable designers to plan adequate access to and around developments.

DFES would expect that any/all access roadways support fire brigade intervention in accordance with the guideline, so as to not retard expeditious access and safe and effective firefighting operations.

Subject to this, DFES has no further comment to provide at this time.

8 Water Corporation PO Box 100, LEEDERVILLE WA 6902

Comments:

Wastewater

Reticulated sewerage is currently available to the subject area, and is serviced by a relatively large sewer traversing the site, therefore the statement in the Development Application 3.7 Servicing on Page 10. Stating that the servicing will have sufficient capacity is basically correct.

The Water Corporation’s wastewater reticulation assets (see attached plan) will require protection when developing the area and the developer will be required to fund the full cost of protecting or modifying any of the existing infrastructure which may be affected by the proposed development. An easement may be required over the Sewer if the land is amalgamated in the future.

General Comments

This proposal will require approval by our Building Services section prior to commencement of works. Infrastructure contributions and fees may be required to be paid prior to approval being issued.

The principle followed by the Water Corporation for the funding of subdivision or development is one of user pays. The developer is expected to provide all sewerage reticulation or upgrades if required. A contribution for Sewerage headworks may also be required. In addition the developer may be required to fund new works or the upgrading of existing works and protection of all works. Any temporary works needed are required to be fully funded by the developer> The Water Corporation may also require land being ceded free of cost for works.

Please provide the above comments to the land owner, developer and/or their representative.

9 Stephen Craddock 5 Money Street BUNBURY WA 6230

I am the owner of a property and business, Bon Marche Mensland, situated on the corner of Victoria and Stephen Streets.

The integration of Centrepoint Shopping Centre with the Stirling Centre will give a boost to the whole CBD of Bunbury and is strongly supported. The expansion and upgrade of the Centre will enable the CBD to compete better with the recent expansion of retail offerings in the Greater Bunbury area (Eaton fair, Dalyellup, Plaza, Treendale, Australind etc.) I would however, respectfully request that council request that the DAP take the following concerns into consideration when they consider the application:

Car Parking

The development application refers to a requirement to provide a total of 103 extra car parking bays on the proposed extra floor space. It is unclear whether this calculation provides for the extra Food and Beverage

No Name Address Summary of Submission floor space in calculating the required extra car parking. In any case, the submission only includes provision for an additional 74 bays (currently 990, proposed 1064). This would leave a shortfall of at least 29 bays.

I believe council should recommend to the DAP that the full car parking requirement should be adhered to. Parking is a huge issue in the CBD and the developers should be required to adhere to the requirements, without recourse to Cash in Lieu. It is in the developers own interests (and certainly those of the rest of the CBD) that the full extra demand for parking be met on-site.

Access To Museum

The proposal to develop a feature area named “Paisley Square” at the eastern end of Stephen St is exciting and welcome. This area is in desperate need of an upgrade and modernization.

There is a great opportunity to integrate the upgraded centre with the new Museum by means of pathways and attractive signage.

It is vital that access to the rear of the Paisley Centre (the Museum and Heritage Centre) be retained. This need not affect the attractiveness of the new landscaping for the square. The brickwork pathways defining an access way to the rear of the museum could be easily be integrated into a modified design.

Landscaping of Paisley Square

The drawings in the proposal look impressive. There is an opportunity to integrate some of the timbers from the Bunbury Timber Jetty in the design. Perhaps imaginatively designed seating using some of the jetty piles could be included. This would need appropriate heritage plaques noting where the timbers came from.

A sign could also be positioned in the square recognising the contribution of Headmaster Paisley, after whom the square is named.

If the developers are providing new toilets, perhaps the antiquated council toilets on the south side of the square have reached their used by date. Could this area be replaced by a kiosk with the money benefiting council?

High quality, attractive lighting in this area is vital. Part of the new found success of the “cappuccino strip” is because the area looks so attractive at night with its colourful lighting.

Access to CBD during construction

It is important that disruption to trade in the rest of the CBD should be kept to a minimum during construction. A condition of approval should be that there are no road closures in Stephen St. This has proven a major issue in the past during upgrades to the Victoria St cappuccino strip and during the Stirling St landscaping work. If road closures are needed to enable work on the Paisley Square they should be required to take place on Sundays or at night.

10 Lynette Barrow & Malcolm Day

9 Foundry Street MAYLANDS WA 6051

Support/no objection

11 Wardrobe Fashion 39 Stephen Street BUNBURY Concerned that long term parking in the CBD will be disrupted on start of Centrepoint/ Stirling development.

No Name Address Summary of Submission WA 6230 Many shoppers/customers park in 3 hour shopping parking. If this is not available will there be alternative

parking made available during construction? Less parking in city makes people think twice about shopping in CBD. Will certainly make an impact on businesses in the City Centre.

12 Del Ambrosius

PO Box 1873 BUNBURY WA 6230

My interest in the above development proposal is one of resident with an interest in heritage matters and all issues surrounding the allocation of parking, distribution of rates money and how the built environment (old or new) contributes to a sense of place for Bunbury.

Submission Comments:

My first concern is for the interface between the (as per elevation drawings) very contemporary façade of the Centrepoint Shopping Centre and the State Heritage listed Paisley Centre. The Paisley Centre and former primary school has architectural features including sweeping gables which do not appear to be influenced in the shopping centre façade. While it is not good practice to replicate heritage buildings, I think it is possible through clever and sensitive architecture to pay homage to nearby buildings, which have a long association with residents of a place. These drawings show none of this. I am unable to identify from the Arthur Street elevation artist’s impression how the Paisley Centre façade would look with the shopping centre façade at its rear. However, perhaps I had trouble reading the drawings.

Secondly, removal of the basalt wall would service to reinforce the notion that the shopping centre developers either do not understand the significance of the material or have no interest in its relationship to ‘place’. The basalt rock is part of a 40,000-year-old lava flow. It has a very significant relationship to Australia as an ancient continent possibly attached to the Antarctic. This lava flow extends through the South West.

Thirdly, skillful local stonemasons constructed the basalt wall in the 1980s when Bunbury embarked on its first foray into identifying character and sense of place. The architect at the time, the late Jeff Considine specifically used basalt to show Bunbury’s uniqueness and deliberately chose it over Donnybrook stone which was popular because of its lighter colour. While removal of the wall might suit current open and crime free space trends it will do nothing for the museum which might want to mount external exhibitions or conduct classes is a safe and secure courtyard.

Fourthly – It is disappointing that apart from what appears to be some minor renovation, the bland façade of Stirling along Stephen Street is to remain. This is not a heritage building and its presentation to the street frontage (in my opinion) has always been limited. It would have been pleasant to see a more serious rework of this façade take place under this redevelopment opportunity.

Five – Question who will pay for the shortfall of 103 parking bays? Would this be part of council concessions for the developer? One would hope not as on the one hand Bunbury is always lamenting that as a regional centre it has to provide facilities for residents who live outside its boundaries, but do not pay rates while using the facilities and on the other hand may let developers off for parking which in turn Bunbury council would have to pay for elsewhere in time.

Lastly, at present any pedestrian wishing to access Centrepoint Shopping Centre from Prinsep Street footpaths has to take their life in their hands and navigate road, roundabout or a carpark. It is the most pedestrian

No Name Address Summary of Submission unfriendly entry of any in and around Bunbury. The document was not clear to me about how this would be improved. It is hoped that this will be resolved in the redevelopment.

13 Carole Connolly 21A Whale View

BUNBURY WA 6230

Comments:

After viewing the plans of the proposed redevelopment at the Council office I was quite disturbed to note that the delivery point for a great part of the Stirling S/C area would be via the ROW owned by the Bunbury Women’s Club Inc.

This building, which is State Heritage listed, is a unique building in the CBD as construction began in 1852/3 and it was the third Anglican Manse to be built in WA. The constant flow of large trucks using the ROW over the years has resulted in extensive cracking and damage to the building which the Bunbury Women’s Club is constantly repairing. As well as the large trucks, waste disposal trucks, illegal parking, and workmen servicing the Shopping Centre members are frequently prevented from accessing their parking bays.

Mr John Kowal, and the Bunbury Council’s solicitors are well aware of the problems caused over a period of many years by illegal use of the Right of Way. Originally the right of way went thru to Stephen Street and the Shopping Centre applied successfully to close their part of the ROW.

When considering the application to redevelop the Shopping Centres I would request that consideration be given to closing the ROW which would help to preserve the fragile fabric of the historical building. Now is the time for alternative arrangements to be made for deliveries to the Shopping Centre.

14 Julian Bowron [email protected] The proposed redevelopment of the Centrepoint and Stirling Street shopping centres includes major changes to the curtilage of the Bunbury Museum and Heritage Centre which will have significant negative impact on the heritage building and its functioning as a museum.

In summary, these are:

· Removal of the black basalt wall at the rear of the Museum building.

This wall is the most visible example in the city of one of Bunbury’s unique features – the black basalt which was once quarried on the beach and underpins the harbor and estuary.

The wall also safely contains children involved in Museum activities so facilitates school visits to the museum. This area has already been used for youth and concert activities facilitated by the Museum but it will no longer be an associated identifiable space.

The wall is also a layer of security between the Museum and antisocial behavior. Street drinking and drug dealing are common activities outside the shopping centre.

The basalt wall is not heritage-listed, despite its inherent significance and association with the state heritage-listed Paisley Centre/Museum building. However the wall meets primary heritage criteria as being of scientific significance (rather than the more common historical, aesthetic or social significance) and secondary criteria because of its rarity and conditions. This is because the basalt is found in only two areas in Western Australia – a largely inaccessible beach at Black Point on the south coast, and at Bunbury. Its age is not a relevant criteria.

mailto:[email protected]

No Name Address Summary of Submission The builders of the wall, Mr Jerry and Michael Papas, stonemasons from Eaton, say that basalt was deliberately selected by the Bunbury City Council in the early 1990s to represent the locality rather than the cheaper and easier stone or brick.

· Addition of trees, and building extensions including awnings to Centrepoint to within 3 metres from the rear of the Museum building.

This will restrict heavy vehicle access to the rear of the Museum. As well as trades and suppliers, undercover access is essential for trucks delivering donations, loans and crated travelling exhibition materials from major state and national cultural institutions. This access is often a condition of such loans. The images attaché indicate the kind of access required. Maintaining this access has until now been a major consideration around the suitability of the building for its purpose as a museum.

· The plans show no apparent use of Bunbury or site-related interpretation features eg jetty timbers or bollards, railway interpretation.

· The museum had planned to use the area contained by the basalt wall to exhibit examples of the massive, iron-tipped Timber Jetty piles as a powerful and important story about Bunbury’s port history.

The proposed landscaping of the area, in the heart of Bunbury, will instead be rather anonymous and could be part of a shopping precinct anywhere which is a lost opportunity.

15 Phyllis Barnes 14A, 2 Wattle Street BUNBURY WA 6230

Objection:

I have been active in preserving Bunbury’s history in all forms for many years – A museum is essential.

For many years Kalgoorlie, Geraldton and Albany have had museums funded by the state government.

Bunbury received a million dollars some years ago but did not proceed and the money was used for other purposes or they would have lost it.

At last Council has had the initiative to establish a Museum, admittedly not in a new building but have found a use for a heritage one with spectacular results.

Is all this to be thrown away by making the Museum unworkable?

· The basalt wall is in itself an exhibit showing the ancient formation that lines Bunbury’s back beach, is the foundation of the Breakwater and unfortunately under Koombana Bay; a visual introduction to Bunbury’s ancient geology.

· Removing the wall would leave the Museum a soft target for robbers and vandals.

· There would be no reasonably secure outdoor space for solid exhibits on such topics as the jetty, the port and the railway that all played an important part in Bunbury’s development.

· Not to mention the modern beach sands industry that start here.

· Establishment of a ‘park’ behind the Museum would mean that there would be no delivery access to the Museum for large items, or contaminated objects that should never be in the ‘clean’ areas.

No Name Address Summary of Submission · The Museum at present is an ideal situation to attract casual visitors during a shopping trip.

· An interesting and well managed museum will bring visitors/shoppers from the hinterland, the State, the Eastern State and from overseas.

DON’T MAKE IT UNVIABLE TO SATISFY COMMERCIAL INTERESTS!

16 Chris Handley 13 Kardan Way DALYELLUP WA 6230

Objection:

This objection is based on the impact of the proposed design of Paisley Square to the Bunbury Museum & Heritage Centre (Paisley Centre), as the proposal could;

· Compromise the safety of the public and museum staff

· Compromise the functional operation of the museum and

· Be a significantly improved design to incorporate the heritage value of the Paisley Centre building.

Safety

The proposed Paisley Square design eliminates truck access to the rear of the museum building and removes vehicle/pedestrian separation that is currently in place by the basalt wall.

The current rear access has been specifically designed to allow truck access to the building for the delivery of large objects as well as national and international exhibitions without interfering with the public.

The only alternative access for truck deliveries is from Arthur Street. This access interferes with traffic on the corner of Stephen and Arthur Street and parking on Arthur Street. Pedestrians on Arthur Street will be put at risk by interaction with vehicles and heavy loads. I ti s also the main public access to the museum.

Museum staff will be put at risk by the reduced visibility of traffic on the corner of Stephen and Arthur Street while loading and unloading is underway. Additionally the footpath at the Arthur Street access is sloping which adds risk to the handling of heavy loads on a public thoroughfare.

As a parent, I am pleased that there is currently a secure rear court yard to the building that can safety facilitate school groups. The proposed design will remove this safety barrier.

Functionality

The Bunbury Museum and Heritage Centre is planned to be Bunbury’s premier heritage attraction, for both the citizens of Bunbury and visitors to the city. This will enable the showcase of local heritage and also attract national and international travelling exhibitions. To this end, the museum has been designed to a standard that meets access and security requirements demanded of national and international exhibitors. Removal of the current rear access to safely deliver exhibits will compromise these requirements. Removal of the basalt wall will also significantly reduce the security offered to the building. The wall also offers secure storage of large items being preserved prior to exhibition in the museum.

The proposed grassed landscaping up to the wall of the building will increase the ingress of water to the building’s walls. I understand significant expense and effort has been undertaken to date to eliminate water

No Name Address Summary of Submission ingress to preserve the brickwork. This will be compromised by the proposed landscape design.

Improved Heritage Connectivity

The concept of the proposed Paisley Square is commendable and has the potential to significantly improve the amenity of the area. However an opportunity is lost in the proposed design to link the shopping and alfresco café areas to one of Bunbury’s oldest heritage buildings.

It is acknowledged that the use of feature brick, timber and paving material is proposed in the design to reflect the character of the Paisley Centre. The heritage value of the proposed square could be further enhanced by the inclusion of recycled jetty timber into the design. The current basalt wall is also an excellent example of the regions ancient volcanic geology that is unique to Bunbury and should be retained.

The inclusion of historical interpretive signage and photos should also be used to enhance the heritage connectivity of the proposed Square to the Paisley Centre.

17 Maureen Wright 176 Clarke Street BUNBURY WA 6230

Objection:

Although the management of the shopping centre are to be congratulated for updating the Centre it seems that the Bunbury Museum will be adversely affected. Not only will its rear access be compromised but the (this is my Objection) the basalt wall is to be removed from both the Museum courtyard and the small garden areas between Centrepoint and the Stirling Centre. This is a lovely garden area, and I see no requirement to have it enclosed… lovely park etc. The basalt walls should be heritage listed instead as they are about the only public access to see this special rock. Leave the garden area as it is please.

18 Frann Meredith 5 Delta Road LESCHENAULT WA 6233

Objection:

I am proud to be involved on a voluntary basis at the Museum. I am currently working full time as a primary school teacher in the Bunbury suburbs. These plans curtail the current facilities of the Museum.

The current plans severely diminish facilities at the recently converted Paisley Centre. The Museum will need to maintain its rear access so that objects for display etc can be safely unloaded/loaded. Museum staff have a minimal parking area which needs to be retained. School groups will become a daily feature of life at the Museum and the need for students to have a safe place for outdoor activities is an essential aspect of the service the Museum can currently provide. These three facilities will be lost under the current proposal. Also the demolition of the unique basalt wall that edges the property would be a complete act of vandalism. This is an unusual and significant material with great value.

19 Sam Lefroy 6/18 Bonnefoi Boulevard BUNBURY WA 6230

Objection:

As a local resident of 30 years I’m familiar with a lot of criticism that the current Centrepoint Complex receives. The main complaint being:

- Centrepoint has a large blank wall and two storey car park that faces towards the Leschenault Inlet & adjacent public open space

It’s obviously a missed opportunity that the original design never took advantage of nearby natural highlights of Bunbury or engaged with nearby cultural precincts (Bicentennial Square and Graham Bricknell

No Name Address Summary of Submission Shell).

Unfortunately even with complete demolition of the existing two storey car park, it appears history may repeat itself, with yet another two storey car park facing N / NW overlooking the Leschenault Inlet.

I strongly feel Centrepoint management & design team should consider past mistakes and look to revising the proposal.

Apart from the above, I am supportive of developing the centre and the proposed aesthetics.

20 Bunbury Women’s Club

19 Prinsep Street BUNBURY WA 6230

The proposed redevelopment will affect the right of way adjacent to our club premises by trucks delivering goods using the right of way.

The Bunbury Women’s Club are the owners of the State Heritage Listed building at 19 Prinsep Street which adjoins the proposed redevelopment of the Centrepoint and Stirling Shopping Centre and our ROW is shown on your map as Lot66.

After viewing the proposed development we are in agreement with the proposal with the following objections.

Club records going back to 1960 state that our ROW was only to be used by the occupiers of Lot11, which is situated immediately behind our building. For 46 years we have been greatly inconvenienced by the number of trucks servicing, the whole of the shopping centre, not just Lot11. The trucks are getting larger and they have been illegally parking and unloading in our ROW. Mr John Kowal is aware of the numerous problems associated with this and has spent some years trying to solve the problems. In 1986 the Club asked for the ROW to be closed. Unfortunately permission was not given, the problems escalated and as a result the fragile fabric of our historic building was damaged due to the huge trucks illegally unloading in the ROW.

As redevelopment is taking place we would now like to see the ROW closed and the delivery of goods to the whole of the Shopping Centre be made on their own premises. You are aware the Bunbury Women’s Club has been restoring our heritage building according to the Conservation Plan approved by State Heritage. We have now reached the stage where we would like to landscape the frontage to Prinsep Street and if the ROW were closed it would not only preserve our building for future generation of people to enjoy but would provide much needed parking for our members who are all elderly.

Scheme Amendment 84 Town Planning Scheme No. 7

Special Use Zone No. 42 Mixed Use – Tourism Incorporation of Lot 2 Greensell Street into S.U.42 and

Modification of Special Uses and Conditions

(Ocean Drive Motel Site)

November 2015

Appendix DPDRS-14

Local Planning Scheme Amendment Report – Scheme Amendment 84

City of Bunbury

Cover image: Danika Wellington, City of Bunbury, February 2012.

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.


City of Bunbury Page | i of 68

Production Details

Edition Details:

Title: Local Planning Scheme Amendment Report: Scheme Amendment 84 - Special

Use Zone No. 42 Mixed Use – Tourism: Incorporation of Lot 2 Greensell Street

into S.U.42 and modification of Special Use(s) and Development Conditions

Production Date: 3 November 2015

Prepared By: City of Bunbury

Author: Jana Joubert (Strategic Planning Officer) with information supplied by Harley

Dykstra Pty Ltd on behalf of the Ocean Drive Unit Trust

Editor: Thor Farnworth (Manager Sustainability, Planning and Development)

Review Status: Draft for initiation

Copy Number: 1

Project Name: Scheme Amendment 84 –Special Use Zone No. 42 (Ocean Drive Motel Site)

Project Number: A06473

Modifications List:

Version: Date: Amendments: Prepared by:

Advertised

10/12/15

Updating part 2.1 of the ‘Conditions’ column

under ‘Schedule 2 – Special Use Zones’ to

include supporting commercial and tourism

uses as the primary/predominant land use(s).

JJ

Proposed for

Adoption 13/01/16

Updating Schedule 2 – Special Uses to reflect

the recommended changes to URA by the

WAPC as established by Scheme Amendment

80.

Final Approval

WAPC Endorsed


City of Bunbury Page | ii of 68

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City of Bunbury Page | iii of 68

Contents

Production Details i

Edition Details i

Modifications List i

Contents iii

Form 2A v

Summary Information 1

Proposal 1

State Planning Framework 1

Local Planning Framework 2

1 Background 3

1.1 Introduction 3

1.2 Context 3

2 Proposal 5

2.1 Purpose 5

2.2 Aim and Intent 5

2.3 Rationale/Justification 5

2.4 Impacts and Implications 6

3.1 Conclusion 6

3.2 Recommendations 7

3.3 Minor Modifications prior to Public Advertising 7

3.4 Scheme Amendment Procedure 7

3.5 Community and Stakeholder Consultation 8

Scheme Amendment Submission 9

Amending Pages 52

Scheme Amendment Map 57

Adoption Page 58

Figures

Figure 1: Context and location 4

Tables

Table 1: Lot numbers, landowners and lot areas 3


City of Bunbury Page | iv of 68



City of Bunbury Page | v of 68

Form 2A

Planning and Development Act 2005 (as amended)

RESOLUTION TO ADOPT AMENDMENT TO LOCAL PLANNING SCHEME

City of Bunbury Town Planning Scheme No. 7

Scheme Amendment 84

Resolved that the local government pursuant to section 75 of the Planning and Development Act 2005,

amend the above Local Planning Scheme by:

(a) modifying text in the table under Schedule 2 – Special Use Zones at No. 42 within the ‘Special

Use(s)’ and ‘Conditions’ columns;

(b) rezoning Lot 2 Greensell Street, Bunbury, from ‘Residential Zone’ to ‘S.U.42’; and

(c) amending the scheme map by revising the annotation shown over Lot 11 Ocean Drive and Lot 2

Greensell Street, Bunbury, from ‘S.U.42’ to ‘S.U.42 Mixed Use – Tourism’

as depicted on the Scheme Amendment Map.

The amendment is standard under the provisions of the Planning and Development (Local Planning

Schemes) Regulations 2015 for the following reasons:

• the amendment is broadly consistent with the strategic intent of Council’s adopted Local Planning

Strategy for Tourism (2009) and adopted Local Planning Strategy for Activity Centres and

Neighbourhoods (2010); and

• does not result in any significant environmental, social, economic or governance impacts on land within

the Scheme area; and

• it is not a complex or basic amendment.

Dated this ........................................ day of .................................... 2015

............................................................

(Chief Executive Officer)


City of Bunbury Page | vi of 68



City of Bunbury Page 159

Summary Information

Proposal

Scheme TEXT: • Modifying text in the table under Schedule 2 – Special

Use Zones at No. 42 within the ‘Special Use(s)’ and

‘Conditions’ columns.

Scheme MAP: • Amending the Scheme Map by:

� Incorporating Lot 2 Greensell Street into Special

Use Zone No. 42 , and

� Revising the annotation shown on Lot 11 Ocean

Drive and Lot 2 Greensell Street, Bunbury, from

‘S.U.42’ to ‘S.U.42 Mixed Use – Tourism’.

State Planning Framework

State Planning Strategy: • ‘South West Urban System’

• ‘South West Region’

State Planning Policies: • Statement of Planning Policy No. 1.: State Planning

Framework Policy, February 2006

• State Planning Policy No. 2.6: State Coastal Planning

Policy, July 2013

• State Planning Policy No. 3: Urban Growth and

Settlement, March 2006

• State Planning Policy 3.1: Residential Design Codes,

August 2013

• Liveable Neighbourhoods (Edition 4, 2008).

Development Control Policies: • As applicable.

Greater Bunbury Strategy (and Structure

Plan):

• ‘Urban Developed Land’.

Greater Bunbury Region Scheme: • ‘Urban Zone’.

Other: • State Government Strategy for Tourism 2020

• Planning Bulletin 83-2013 – Planning for Tourism 2013

• South-West Framework 2009

• Activity Centres for Greater Bunbury Policy 2012.



Local Planning Framework

Local Planning Strategy: • Local Planning Strategy for Tourism (2009)

• Draft Local Planning Strategy.

Local Planning Scheme: • City of Bunbury Town Planning Scheme No. 7 (TPS7).

Scheme TEXT - • Schedule 2 – Special Use Zone No. 42.

Scheme MAP - Special Control Area • Not applicable.

Zone/Reserve • Special Use Zone No. 42

• Residential Zone.

R-Code • R20/40.

Heritage List: • Not applicable.

Local Planning Policy: • As applicable, including:

� Local Planning Policy: Building Height

� Local Planning Policy: Non-Residential

Development in or adjacent to Residential Area

� Local Planning Policy: Access and Parking for

pedestrians, Bicycles and Vehicles.

Other Local Planning Strategies, Local Area

Plans, etc.:

• Local Planning Strategy for Activity Centres and

Neighbourhoods (2010)

• City of Bunbury City Vision Strategy (2007)

• Back Beach Tourism Precinct Plan (2012).

Other corporate documents: • City of Bunbury Strategic Community Plan (2015).

Proponent: • Harley Dykstra Pty Ltd on behalf of the Ocean Drive

Unit Trust.

Landowners: • Ocean Drive Motel Pty Ltd.



1 Background

1.1 Introduction

The private consultancy firm Harley Dykstra Pty Ltd on behalf of the landowners of Lot 11 Ocean Drive,

Bunbury (Ocean Drive Motel) and Lot 2 Greensell Street have submitted a scheme amendment application

with the intent to rezone Lot 2 Greensell Street, Bunbury from ‘Residential’ to ‘S.U.42’, thereby

incorporating the lot into the existing Special Use Zone No. 42 (Ocean Drive Motel).

The proponent is also seeking approval for additional use classes associated with the proposed

redevelopment of the site, the details and conditions of which will be outlined and/or addressed in

Schedule 2 – Special Uses in the Scheme.

1.2 Context

The lots subject to this scheme amendment comprise the Ocean Drive Motel site and an adjoining

residential development on the eastern boundary of the Motel comprising 5 strata units. Lot 11 Ocean

Drive is included in Special Use Zone no. 42, and Lot 2 Greensell Street is currently included within the

Residential Zone under the City of Bunbury Town Planning Scheme No.7 (TPS7).

The properties subject to this scheme amendment are summarised in Table 1 below:

Table 1: Lot numbers, landowners and lot areas.

Lot Number Street Address Tenure Landowner Lot Area

Lot 11 on Deposit Plan:

46958

123 Ocean Drive,

Bunbury

Freehold Ocean Drive Motel

Pty Ltd

821m²

Lot 2 on Deposit Plan:

83597

14 Greensell Street,

Bunbury

Freehold Ocean Drive Motel

Pty Ltd

2579m²

Total Area = 3,400m²

The subject site on Ocean Drive is located along a ‘Strategic Tourism Corridor’ within the ‘Core Tourism

Area’ of the City as well as being designated a ‘Non-Strategic Tourism Site’ as identified in the LPS for

Tourism. It is also situated within walking distance/close proximity to a number of noteworthy tourism-

related special use zones and activity centres:

• ±1.7km from the Central Business District;

• ±500m south of the recently approved Back Beach Mixed Use Tourism Precinct,

• ±km north of the recently redeveloped Seaview Apartments (formerly Fawlty Towers);

• directly north of the Hungry Hollow Restaurant;

• ±600m north of the Punchbowl Site (Special Use Zone No. 7 – currently under consideration by the

Minister for Planning).

The site also has uninterrupted coastal frontage and panoramic views across Ocean Drive to the Indian

Ocean, the Back Beach, and south toward Maidens Reserve (Landscape Character Study 2010).



Figure 1: Context and location



2 Proposal

2.1 Purpose

This Local Planning Scheme Amendment Report has been prepared for the purposes of effecting an

amendment to TPS7 for Lot 2 Greensell Street, Bunbury and Lot 11 Ocean Drive, Bunbury.

Scheme Amendment 84 in its present form has been vetted by Council’s officers and is based upon similar

recently adopted Special Use Zones that have been created for the purpose of developing tourism-

orientated mixed use precincts (e.g. Scheme Amendment 66 – Back Beach Precinct, Scheme Amendment

71 – Seaview Apartments (formerly Fawlty Towers Site) and draft Scheme Amendment 80 – Punchbowl

Site). This scheme amendment has thus been prepared in a consistent manner that will allow for its

rationalisation into a standard tourism zone under the revised City of Bunbury Local Planning Scheme 8

(LPS8).

2.2 Aim and Intent

The proposal is for an amendment to the provisions in the ‘Special Use(s)’ and ‘Conditions’ columns of

Special Use Zone No. 42 under Schedule 2 of the Scheme Text. The proposal includes rezoning Lot 2

Greensell Street from ‘Residential’ to ‘S.U.42’ (thus incorporating it within the existing Special Use Zone No.

42), as well as revising the annotation over Lot 11 Ocean Drive and Lot 2 Greensell street from ‘S.U.42’ to

‘S.U.42 – Tourism Mixed Use’.

The intent of the Scheme Amendment is to allow for an appropriate range of land uses comprising of

unrestricted residential, short-stay accommodation, mixed-use and non-residential uses orientated

towards tourism-based activities to be developed on the subject site. The proposed amendment also

includes a number of provisions to regulate future development and use of the site.

2.3 Rationale/Justification

The rationale and justification related to the rezoning proposal are contained in the proponent’s scheme

amendment submission on page 11 (enclosed). In order to demonstrate a possible redevelopment outcome

for the site, concept plans and an illustrator’s impression have been drafted and attached by the proponent

(at Appendix C). These should be considered indicative only at this point in time (as the future development

of the site will be subject to the necessary approvals by the City).

It should also be noted that the proposed scheme amendment is considered to be consistent with the

strategic direction as set out by the City of Bunbury Draft Local Planning Strategy (LPS), and supports the

potential establishment of commercial, entertainment, recreational and leisure activities in combination

with tourist accommodation on Ocean Drive Mixed Use Tourism Corridor. The proposal looks to provide

employment opportunities, and cater for/accommodate tourists, local visitors and new residents who are

attracted to the unique qualities of the area opposite the foreshore, as well as the vibrancy of a tourism

node.



2.4 Impacts and Implications

Natural

Acid Sulfate Soils

The site is not identified as having any Acid Sulfate Soils (ASS) risk issues according to the Department of

Environment Regulation ASS risk maps. The site is however located approximately 500 m from the Big

Swamp wetland and approximately 300 m from a high to moderate ASS risk area. In view of the significant

volume of sand that is likely to be excavated for construction of the proposed basement car park and pool

facilities it may be possible that ASS could be intercepted.

Acid sulfate soils can present a range of adverse environmental, human health and infrastructure issues if

managed inappropriately. Environmental harm resulting from inappropriate management of ASS may

possibly result in prosecution under the Environmental Protection Act 1986 and may also result in sites

being given a site contamination classification under the Contaminated Sites Act 2003.

The proponent is recommended to contact the Department of Environment and Regulation on 1300 762

982 for further advice in this regard as part of the preliminary planning for the future development of the

site.

Economic

The redevelopment of the subject site can be assumed to have a net benefit to Bunbury’s local and regional

economy, as it would contribute toward the growth of the tourism industry sector. The accommodating

and integration of community and recreational facilities and public open spaces within the locality would

enhance the resident and visitor experience.

Social

It is anticipated that the redevelopment of the site will contribute towards achieving increased

employment, recreational, housing and retail opportunities.

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 impacts on post colonialisation heritage values. A Registered Aboriginal Heritage Site

protected under the Aboriginal Heritage Act 1972 encompasses the site (Aboriginal Site No. 21371 on the

Aboriginal Sites Register, as indicated by the Western Australian Department of Indigenous Affairs’ (DIA)

own Aboriginal Heritage Inquiry System accessed 2 November 2015). Landowners have an obligation under

Section 17 of the Act to ensure that the redevelopment of the site does not damage a site(s) or object(s) of

significance to Indigenous people. Any confirmed Aboriginal Heritage Site must not be disturbed without

the consent of the Minister for Indigenous Affairs.

3.1 Conclusion

The proposal is consistent with and meets the obligations found within state and local government

planning policies and strategies. Draft Scheme Amendment 84 also seeks to achieve the objectives and

strategic intent established within the City of Bunbury’s draft LPS and LPS8.



3.2 Recommendations

The following recommendations are made with respect to progressing the proposed Scheme Amendment

84 to the City of Bunbury Town Planning Scheme No. 7:

3.3 Minor Modifications prior to Public Advertising

The City has accepted a request by the proponent of behalf of the landowners to modify part 2.1 of the

‘Conditions’ column under ‘Schedule 2 – Special Uses’ to include supporting commercial and tourism uses

as the primary/predominant land use(s).

In addition, ‘Schedule 2 – Special Uses’ have been updated to reflect changes to definitions with regard to

Unrestricted Residential Accommodation as recommended by the WAPC during the consideration of

Scheme Amendment 80 to TPS 7 (which is of a similar nature and intent).

The City considers that these modifications are minor in nature and not inconsistent with the intent of the

scheme amendment proposal presented to and initiated by Council.

3.4 Scheme Amendment Procedure

The proposed scheme amendment has been prepared by the City of Bunbury’s Strategic Planning and

Urban Design (SPUD) team, and progressed in accordance with both the Planning and Development Act

2005 (sections 75 and 84) and the Planning and Development (Local Planning Schemes) Regulations 2015.

To date, the proposed scheme amendment has not been formally assessed by the 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

A. Amend the Local Planning Scheme by:

• modifying text in the table under Schedule 2 – Special Use Zones at No. 42 within the ‘Special

Use(s)’ and ‘Conditions’ columns;

• rezoning Lot 2 Greensell Street, Bunbury, from ‘Residential Zone’ to ‘S.U.42’; and

• amending the scheme map by revising the annotation shown over Lot 11 Ocean Drive and Lot

2 Greensell Street, Bunbury, from ‘S.U.42’ to ‘S.U.42 Mixed Use – Tourism’.

B. A copy of the proposed Scheme Amendment No. 84 documentation to be referred to the

Environmental Protection Authority for review in accordance with section 81 of the Planning and

Development Act 2005.

C. Subject to formal assessment not being required by the Environmental Protection Authority

(EPA), refer a copy of the proposed Scheme Amendment 84 documentation to relevant public

authorities for consideration and comment and publically advertise the proposal as a standard

amendment for a period of not less than 42 days in accordance with the Planning and

Development (Local Planning Schemes) Regulations 2015.

D. Following the completion of public advertising, the scheme amending documentation, including

any proposed modifications, along with any public submissions lodged with the City of Bunbury

during the advertising period to be returned to Council for further consideration.



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 Protection Act 1986.

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 Scheme Amendment (e.g. inclusion of any relevant environmental

conditions).

The proposal would be advertised for public comment as a standard amendment for a period of not less

than 42 days in accordance with the provisions of Division 2 under Part 5 of the Planning and Development

(Local Planning Schemes) Regulations 2015.

On completion of advertising, the scheme amending documentation is to be referred back to Council for its

second consideration to finally adopt along with a schedule of any submissions received. Should Council

then resolve to adopt the amendment, the scheme amending documentation, along with the schedule of

submissions, is to be referred to the WAPC for its endorsement and referral to the Minister for Planning for

final approval and gazettal.

3.5 Community and Stakeholder Consultation

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 Planning and Development (Local

Planning Schemes) Regulations 2015, the proposed standard amendment is to be referred to all relevant

state government agencies and publicly advertised for comment during a formal advertising period of not

less than 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



Scheme Amendment Submission

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Amending Pages

Planning and Development Act 2005

Amendment 84 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:

(a) modifying text in the table under Schedule 2 – Special Use Zones at No. 42 within the ‘Special Use(s)’ and

‘Conditions’ columns;

such that it reads as follows:

SCHEDULE 2 - SPECIAL USE ZONES

No. Description of Land Special Use(s) Conditions

42 Lot 11 Ocean Drive (Ocean

Drive Motel) and Lot 2

Greensell Street, Bunbury

The following use classes are

permitted only where the Local

Government has exercised its

discretion as a ‘D’ use by granting

planning approval and only

where those uses are identified

on an approved Local

Development Plan (or Planning

Approval where the need for a

Local Development Plan has been

waived):

(a) Motel;

(b) Short-stay Multiple Unit;

(c) Unrestricted Residential

Accommodation;

(d) Restaurant;

(e) Shop.

Special Uses listed that are not

identified on the approved Local

Development Plan (or Planning

Approval where the need for a

Local Development Plan has been

waived) shall be permitted only

where the Local Government has

exercised its discretion as an ‘A’

use by granting planning

approval.

All other use classes under the

Zoning Table not listed as a

special use(s) are an ‘X’ use.

1 Application Requirements

1.1 All land use and development shall

be in accordance with a Local

Development Plan approved by

Council, subject to this

requirement being formerly

waived by the Local Government.

1.2 The Local Development Plan (or

Planning Approval where the need

for a Local Development Plan has

been waived) is to be prepared in

accordance with Liveable

Neighbourhoods and incorporate

design principles appropriate to

the lot’s / development site’s

designation as a “Non Strategic

Tourism Site”. The Local

Development Plan must show

such detail to the satisfaction of

the Local Government that the

development within the Special

Use Zone is consistent with

orderly and proper planning and

the achievement of the highest

appropriate level of amenity.

Note: Guidance on “Non Strategic

Tourism Site” design principles is

provided by the following, as

amended:

• City of Bunbury Local Planning

Strategy for Tourism (2009);

and

• Tourism Planning Taskforce

Report (2006),

recommendation 10.




1.3 The Local Development Plan is to

include design statements, to the

satisfaction of the Local

Government, that as a minimum:

(a) sets out the rationale and

justification for the location

and percentage/proportion

of “Unrestricted Residential

Accommodation” use

permitted within the lot /

development site; and

(b) demonstrates how the

design layout achieves a

high level of integration

across the lot /

development site and

within its local area;

1.4 The Local Development Plan

(and/or Planning Application)

must include information or detail

to the satisfaction of the Local

Government dealing with, but not

limited to, the following:

(a) standards and

requirements for

development, site planning

and building design;

(b) lot layout of subdivision

design and building

envelopes;

(c) any required limitations on

floor areas relating to

particular land uses;

(d) building height, scale and

plot ratio;

(e) development setbacks from

boundaries;

(f) landscaping within setback

areas and between

buildings;

(g) interface and buffer

treatments (including

fencing) between the

surrounding residential

uses and the development

site;

(h) urban design treatment of

streetscapes and

residential interfaces;

(i) traffic management

including access ways and




internal circulation;

(j) vehicle parking and

circulation areas and

treatments;

(k) pedestrian access and

movement;

(l) location and extent of

communal and private

outdoor living areas;

(m) passive surveillance

(Designing out Crime

principles).

1.5 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 decision

process for Stormwater

Management in WA (Department

of Water, 2009) and the

Stormwater Manual for Western

Australia (Department of Water,

2004-2007).

1.6 Transport Assessment:

(a) A Transport Assessment is

to be prepared as part of

any Local Development

Plan. The Transport

Assessment is to be

undertaken in accordance

with Western Australian

Planning Commission

“Transport Assessment

Guidelines for

Developments Volume 3 -

Subdivisions”, as amended,

to the specifications and

satisfaction of the local

government; and

(b) The Transport Assessment

and its recommendations

are to be submitted to the

local government for

consideration and approval

by local government, prior

to Council endorsement of

a Local Development Plan

(and/or Planning

Application).

1.7 The local government may require




an Acoustic Report to be prepared

assessing potential noise impacts

from the proposed development

on surrounding properties to the

satisfaction of the local

government and the Western

Australian Planning Commission.

2 Land Use Requirements

2.1 The special use of “Motel” and/or

“Short-stay Multiple Unit” and

supporting commercial and

tourism uses are to be the

primary/predominant land uses.

2.2 The special use of “Unrestricted

Residential Accommodation” is to

be incidental to the

primary/predominant land use.

2.3 Built form outcomes shall be

limited to “Unrestricted

Residential Accommodation” uses

in the form of Multiple Dwelling

type only.

2.4 Any “Unrestricted Residential

Accommodation” units are to be

designed to encourage integration

into the management/letting pool

for tourism use;

2.5 A minimum of 14 units of any

development on site are to be for

“Motel” or “Short-stay Multiple

Unit” uses;

2.6 “Shop” use is to be restricted to a

maximum NLA of 100m²;

2.7 The “Shop” and “Restaurant” uses

are to be restricted to Lot 11

Ocean Drive and are not to front

Greensell Street.

3 Land Use and Development

Standards

3.1 All development is to be

undertaken in a manner which is

consistent with an approved Local

Development Plan

3.2 Where development standards are

not prescribed in the approved

Local Development Plan the

Scheme provisions shall prevail.

3.3 The maximum height of

development is to be 12 metres

above natural ground level.

3.4 The minimum finished floor-to-




floor heights of ground floor space

that front Ocean Drive of the

development is to be 4 metres.

3.5 Development of “Unrestricted

Residential Accommodation” uses

shall be designed and constructed

in accordance with the standards

and requirements of the following:

(a) Residential Design Codes

(R-Codes); and

(b) Class 3 residential building

of the Building Code of

Australia (BCA).

3.6 Vehicle access and parking is to be

provided in accordance with

scheme requirements and located

in accordance with the approved

Local Development Plan.

3.7 A maximum density coding of R80

will apply.

4 Operation & Management

Where 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” units

and the “Motel” operator in order

to ensure the integrated

management of all short-stay

units.

(b) rezoning Lot 2 Greensell Street, Bunbury, from ‘Residential Zone’ to ‘S.U.42’; and

(c) amending the scheme map by revising the annotation shown over Lot 11 Ocean Drive and Lot 2 Greensell

Street, Bunbury, from ‘S.U.42’ to ‘S.U.42 Mixed Use – Tourism’

as depicted on the Scheme Amendment Map.

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Adoption Page

Adopted for Advertising

Adopted for advertising of Scheme Amendment 84 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 _____ day of __________, 2015 (Decision

Number: ____/______).

Mayor

Signed:- Gary Brennan


Signed:- Andrew Brien

Final Approval

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

Signed:-

Gary Brennan


Signed:-

Andrew Brien

Recommended/Submitted for Final Approval

Delegated under section 16

of the Planning and

Development Act 2005 Signed:- Date:- ____ / ____ / ________

Final Approval Granted

Minister for Planning

Signed:- Date:- ____ / ____ / ________

Common

Seal

SCHEDULE OF PUBLIC SUBMISSIONS CITY OF BUNBURY TOWN PLANNING SCHEME NO. 7 AMENDMENT NO. 84

PROPOSED REZONE LOT2 GREENSELL STREET BUNBURY FROM 'RESIDENTIAL' TO 'SPECIAL USE' (SPECIAL USE NO. 42), MODIFYING TEXT IN SCHEDULE 2 - SPECIAL USE ZONES AND AMENDING THE SCHEME MAPS ACCORDINGLY.

No Name Summary of Submission Planning Services Comments on Submission

Government Agencies 1. Department of Water

South West RegionThe above proposal is to rezone Lot 2 Greensell Street from ‘Residential’ to ‘S.U.42’ that incorporates this lot into the existing Special Use Zone No.42 (Ocean Drive Motel). The purpose of this amendment is to allow for an appropriate range of land uses comprising of unrestricted residential, short-stay accommodation, mixed-use and non-residential uses oriented towards tourism-based activities to be developed on the subject site.

In addition, it is noted that ‘Schedule 2 – Special Use Zones at No. 42’ of the ‘City of Bunbury Town Planning Scheme No. 7’ is to be amended (No. 84) and contains the following ‘Condition 1.5’ that states:- “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 decision process for Stormwater Management in WA (Department of Water, 2009) and the Stormwater Manual for Western Australia (Department of Water, 2004-2007).”

As both lots are connected to reticulated sewerage/water; and the proposal is likely to result in a small increase in impervious surfaces, DoW views this amendment to be of a low risk in terms of water quality, with the main risk associated with stormwater management.

Noted.

Appendix DPDRS-15

In light of the above situation, DoW has no objection to this rezoning and scheme amendment; and supports ‘Condition 1.5’ (stated above) as it is adequate in addressing the stormwater management risk.

2. Tourism Western Australia GPO Box X2261 Perth WA 6847

Tourism Western Australia (Tourism WA) is supportive of the proposal to amend the scheme and incorporate the adjacent land area at Lot 2 Greensell Street into Special Use Zone No. 42 (Ocean Drive Motel). This potentially creates greater scope for tourism development in a strategic location close to the Back Beach by increasing the size of the site, and we are pleased to not the addition of a number of tourism-oriented use classes associated with the proposed redevelopment to assist in facilitating this outcome. However, Tourism WA does highlight the importance of the majority of the development being used for tourism purposes. There is a risk associated with mixed use proposals that the primary development becomes residential, which would not be the best use of the site. In this context, we support the requirement for a minimum of 14 rooms (as per the existing Ocean Drive Motel) to be retained in the future tourism development. In providing opportunities for mixed use development, Tourism WA notes concerns that having a mixture of short-stay and residential uses on the same site can have negative impact on the amenity of the development. Management of this needs to be a consideration in the detailed design of the proposal.

The proposed Special Uses and Conditions provide for a range of tourism-oriented outcomes on the site and propose a number of specific planning mechanisms to protect the tourism value of the site and setting.

Specifically: • The requirement that ‘Motel’ and/or ‘Short-stay

Multiple Unit’ and supporting commercial and tourism uses are to be the primary/predominant land uses.

• The requirement that the special use of ‘Unrestricted Residential Accommodation’ is to be incidental to the primary/predominant land use.

• The requirement for the retention of a minimum of 14 units for the purposes of ‘Motel’ or Short-stay Multiple Unit’ uses only,

• The introduction of commercial / mixed use land uses focussed on Ocean Drive to provide for tourist / visitor associated services and facilities to establish. Uses that can establish include 'Motel’, 'Restaurant', and ‘Shop’.

3. Water Corporation PO Box 100 Leederville WA 6902

The Water Corporation offers the following comments in regard to this proposal. Wastewater The subject Lot of this Amendment is served with a

Noted.

Wastewater service and the change of use will not concern the Water Corporation. This proposal will still require approval by the Water Corporation’s Building Services section prior to commencement of works. Infrastructure contributions and fees may be required to be paid prior to approval being issued.

4. Department of Environment Regulation Locked Bag 33 Cloisters Square WA 6850

DER has no comment on the application in reference to regulatory responsibilities under the Environmental Protection Act 1986 and the Contaminated Sites Act 2003.

Noted.

5. AqWest PO Box 400 Bunbury WA 6231

Please be advised that Aqwest has no comment at this stage in relation to the above Town Planning Scheme Amendment.

Noted.

6. Main Roads WA – South West Region PO Box 5010 Bunbury WA 6231

Main Roads has no objection to the proposal. Noted.

7. ATCO Gas Australia 81 Prinsep Road Jandakot WA 6164

ATCO Gas has gas mains infrastructure in the road reserve of Greensell Street and within Ocean Drive, Bunbury however we do not have any objection to the proposed Town Planning Scheme 7 Amendment No. 84, best described within the provided Form 3 – Advertisement/Location Plan and Scheme Amendment Report. ATCO Gas requests contact by the proponent during the design stage prior to any development commencing to ensure that any gas infrastructure is addressed. Advice Notes to applicant: • ATCO Gas Australia has Medium Pressure gas

mains in the vicinity of the property described within the road reserves, within the City of Bunbury. Lot 2 also has a gas supply from the gas main that is not shown on the attached Figure.

• The applicant is advised to contact ATCO Gas on

Noted.

9499 5272 in this regard. Anyone proposing to carry out construction or excavation works must contact ‘Dial Before You Dig’ (Ph 1100) to determine the location of buried gas infrastructure.

8. Environmental Protection Authority Level 8, The Atrium 168 St Georges Terrace Perth WA 6000

After consideration of the information provided by you, the EPA considers that the proposed scheme should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act) and that it is not necessary to provide any advice or recommendations. Please note the following: • For the purposes of Part IV of the EP Act, the

scheme is defined as an assessed scheme. In relation to the implementation of the scheme, please note the requirements of Part IV Division 4 of the EP Act.

• There is no appeal right in respect of the EPA’s decision to not assess the scheme.

Noted.

Private Submitters 9. Rebecca McAullay 14 Hudson Place

Busselton WA 6280

Support/ No Objection No comment provided

Noted.

10. Geoff Lipton 27 Cambria Road Dalyellup WA 6230

Support / No Objection I am an owner of a unit next door and I am extremely happy that this project will be accomplished asap. This proposal is a fantastic idea and my wife and I fully support it. It will be a huge benefit to all concerned i.e. public and community. The whole of Bunbury and those visiting Bunbury will be able to enjoy this super pleasant change.

Noted.

Scheme Amendment 68 Town Planning Scheme No. 7

Rezoning of Lot 891 Clifton Street From Parks and Recreation Reserve to City Centre Zone

October 2015

Appendix DPDRS-16


City of Bunbury

Cover image: Danika Wellington, City of Bunbury, February 2008.

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.


City of Bunbury Page i32

Production Details

Edition Details:

Title: Local Planning Scheme Amendment Report: Scheme Amendment 68 - Rezoning

of Lot 891 Clifton Street from ‘Parks and Recreation Reserve’ to ‘City Centre

Zone’

Production Date: 27 October 2015

Prepared By: City of Bunbury

Author: Jana Joubert (Strategic Planning Officer)

Editor: Thor Farnworth (Manager Sustainability, Planning and Development)

Review Status: Initiated Draft

Copy Number: 1

Project Name: Scheme Amendment 68 – Lot 891 Clifton Street, Bunbury.

Project Number: A05741

Modifications List:

Version: Date: Amendments: Prepared by:

Advertised

Proposed for

Adoption

Final Approval

WAPC Endorsed


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