PROPOSED GROUPED DWELLING – SL: 3 SP: 50873 (U3… and... · schedule of public submissions...

Appendix DPDRS-9

SCHEDULE OF PUBLIC SUBMISSIONS

PROPOSED GROUPED DWELLING – SL: 3 SP: 50873 (U3/#17) HAYWARD STREET SOUTH BUNBURY 3/17 Hayward Street SOUTH BUNBURY 6230

No Summary of Submission Officer Comments on Submission Private Submitters (Name’s withheld for Privacy Reasons)

1 Objection

I have an issue with the proposed boundary wall as it encroaches on my solar exposure and view. If the boundary wall was the same height as mine and length no issue. With the same solar set back.

Objection noted.

The proposed grouped dwelling has been assessed against the Design Principles of the Residential Design Codes. Please refer to the ‘Design Principles Assessment’ Table within the ‘Officer Comments’ section in the Council Agenda Item Report.

2 No comment and/or no objection and/or is supportive

No comment.

Noted.

Appendix DPDRS-10

Scheme Amendment 87 Town Planning Scheme No. 7

‘‘Special Use Zone No. 49’’ Modification of Special Use(s) and Condition(s)

Part Lot 107 (north) Strickland Street, South Bunbury

Appendix DPDRS-11

Local Planning Scheme Amendment Report Scheme Amendment 87

Cover image: City of Bunbury, February 2016.

City of Bunbury


Production Details

Edition Details:

Title: Local Planning Scheme Amendment Report: Scheme Amendment 87 - S.U.49 modification of Special Use(s) and Development Condition(s)

Production Date: 15 February 2016

Prepared By: City of Bunbury

Author: Teshome Tadesse (Senior Planning Officer) with information supplied by Planning Solutions on behalf of Citygate Properties Pty Ltd

Editor: Ann-Kristin Jank (Team Leader Development Assessment and Compliance)

Thor Farnworth (Manager Sustainability, Planning and Development)

Review Status: Draft for initiation

Copy Number: 1

Project Name: Scheme Amendment 87 - ‘Special Use Zone No. 49’

Project Number: P09230-24

Modifications List:

Version: Date: Amendments: Prepared by:

Advertised

Proposed for Adoption

Final Approval

WAPC Endorsed

City of Bunbury Page i


[Page intentionally blank]

City of Bunbury Page ii


Contents Production Details i

Edition Details: i Modifications List: i

Form 2A v Summary Information 1

Proposal 1 State Planning Framework 1 Local Planning Framework 1

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 7

3. Conclusion and Recommendations 8 3.1. Conclusion 8 3.2. Recommendations 8 3.3. Scheme Amendment Procedure 8 3.4. Community and Stakeholder Consultation 9

Scheme Amendment Submission 10 Amending Pages 16 Adoption Page 18

Adopted for Advertising 18 Final Approval 18 Recommended/Submitted for Final Approval 18 Final Approval Granted 18

Figures

Figure 1: Context and location ..................................................................................................................... 3

Figure 2: Zoning – ‘Special Use Zone No. 49’ ................................................................................................ 4

City of Bunbury Page iii



City of Bunbury Page iv


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 87

Resolved that the local government pursuant to section 75 of the Planning and Development Act 2005, amend the above Local Planning Scheme by modifying text in the table under Schedule 2 – Special Use Zones at No. 49 within the ‘Special Use(s)’ and ‘Condition(s)’ columns. 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 adopted Local Planning Strategy for Activity Centres and Neighbourhoods (2010);

· 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 .................................... 2016 ............................................................ (Chief Executive Officer)

City of Bunbury Page v



City of Bunbury Page vi


Summary Information

Proposal

Scheme TEXT: Modifying text in the table under Schedule 2 – Special Use Zones at No. 49 within the ‘Special Use(s)’ and ‘Condition(s)’ columns

Scheme MAP: Not applicable

State Planning Framework

State Planning Strategy: State Planning Strategy 2050

State Planning Policies: Statement of Planning Policy No. 1: State Planning Framework Policy, February 2006

Development Control Policies: As applicable

Greater Bunbury Strategy (and Structure Plan):

Greater Bunbury Strategy 2013

Greater Bunbury Region Scheme: ‘Urban Zone’

Other: South-West Framework 2009

Activity Centres for Greater Bunbury Policy 2012

Local Planning Framework

Local Planning Strategy: Local Planning Strategy for Activity Centres and Neighbourhoods (2010)

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

Scheme TEXT - Schedule 2 – Special Use Zone No. 49

Scheme MAP - Special Control Area Not applicable.

Zone/Reserve Special Use Zone No. 49

R-Code Not applicable

Heritage List: Not applicable

Local Planning Policy: As applicable

Other Local Planning Strategies, Local Area Plans, etc.:

As applicable

City of Bunbury Page 1


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

Proponent: Planning Solutions

Landowners: Citygate Properties Pty Ltd



1. Background

1.1 Introduction

The private consultancy firm Planning Solutions on behalf of the landowners of Part Lot 107 (north) Strickland Street has submitted a scheme amendment application with the intent to include the use class ‘Veterinary Centre’ as an ‘A’ use in the ‘Special Use Zone No. 49’ of City’s Town Planning Scheme No. 7 (TPS7). The Scheme Amendment also includes modifications or deletion of redundant conditions listed under the Condition(s) column of Schedule 2 relating to ‘Special Use Zone No. 49’.

1.2 Context

The subject site forms a small part of Lot 107 Strickland Street known as the ‘Homemaker Centre’. It is located approximately 1km south of the Regional Centre and the City of Bunbury Central Business District (CBD). It is located east of Blair Street (Other Regional Road) and access to the site is from Mervin Street which intersects with Blair Street at the traffic light to the west. The subject land is bounded by residential developments and a drainage reserve to the north, commercial developments to the south, residential developments to the east and Moore Street to the west. The site is currently developed and no physical development has been contemplated as a result of the proposed amendment. The building layout and elevations will remain the same. Figure 1: Context and location

SUBJECT LAND

RESIDENTIAL AREA

COMMERCIAL



Figure 2: Zoning – ‘Special Use Zone No. 49’

SUBJECT LAND



2. Proposal 2.1 Purpose

This Local Planning Scheme Amendment Report has been prepared in order to insert the use class ‘Veterinary Centre’ as an ‘A’ use in Schedule 2 – Special Use Zone No. 49 of TPS7 and to modify or delete redundant conditions as applicable.

2.2 Aim and Intent

The intent of the scheme amendment is to allow a veterinary centre to be carried out in Block G in conjunction with the current ‘Pet Stock’ (showroom) use within the Homemaker Centre development site. Block G is under split zoning in accordance with the current Scheme Map. The northern part of the block is located within ‘Special Use Zone No. 49’ while the southern portion is situated in the ‘Mixed Business Zone’. In order to facilitate the activities of a veterinary centre in the premises, the use class ‘Veterinary Centre’ should be listed in the ‘Special Use Zone No.49’ as one of the possible land uses that can be considered for approval as an ‘A’ use.

2.3 Rationale/Justification

The Special Use(s) column of Schedule 2 - Special Use Zone No. 49 does not nominate the use class ‘Veterinary Centre’. In accordance with Schedule 1 – Dictionary of Defined Words and Expressions, a ‘Veterinary Centre’ is defined as follows:

“means premises used to diagnose animal diseases or disorders, to surgically or medically treat animals, or for the prevention of animal diseases disorders.”

Therefore a scheme amendment is required to include the intended ‘Veterinary Centre’ use on the subject site. The subject land is located in the immediate locality of the ‘Mixed Business Zone’ to the south, and the use-class ‘Veterinary Centre’ is an ‘A’ use in that zone. It can be argued that the addition of ‘Veterinary Centre’ use as an ‘A’ use in this special use site would not be unreasonable in terms of land use compatibility within the locality. This amendment also includes the following additional proposed minor modifications to the ‘Special Use Zone No. 49’ provisions as set out in the table below:

Existing Scheme Text Proposed Modification Rationale/Justification

1. Development is to be generally in accordance with the Development Guide Plan which forms part of the amendment documentation.

Deleted and renumbering of following clauses.

Deletion of Condition 1, which required a Development Guide Plan, as the site is now fully developed and the Development Guide Plan has now become redundant.

2. Any development needs to have regard for the following development standards. They are:


Modification of Point 4 of Condition 2 (renumbered to become Condition 1) to include reference to the parking policy.



Existing Scheme Text Proposed Modification Rationale/Justification · Maximum site coverage –

60%

· Maximum plot ratio – 1.0,

· Minimum % of site to be landscaped – 6%

· Carparking shall be provided in accordance with Clause 5.7.1 and Table 2.

· Maximum site coverage – 60%;

· Maximum plot ratio – 1.0;

· Minimum % of site to be landscaped – 6%; and

· Carparking shall be provided in accordance with Table 2 of the Scheme and any relevant Local Planning Policy.

5. Vehicular access on and off the site is to be controlled by the following:

· Vehicular access is restricted to only off Lot 100 Strickland Street abutting the adjoining lot to the south;


· No vehicular access from Moore Street.

Modification of Point 1 of Condition 5 (renumbered to become Condition 4) – rewording the condition so as to accord with present land title and development arrangements.

5. (cont’d)

· At the southern end of Moore Street abutting the previously zoned drainage reserve, vehicle access shall be restricted by the imposition of a 129BA restrictive covenant at the time of redevelopment of the site.

· Lots 22 & 23 Moore Street being amalgamated with Lot 100 prior to any building license being issued or alternatively reciprocal rights of access agreement being entered into on the respective Certificate of Title.

· The maximum building height is to be in accordance with Clause A1.1 of the Residential Design Codes 2002 and specifically as set out in Table 3 – Maximum Building Height (1) Area –

Deleted and renumbering of following clauses.

Deletion of Points 3, 4, 5 and 6 of Condition 5 (renumbered to become Condition 4) – as these conditions are no longer relevant since the amalgamation of titles and construction of the existing development on site.



Existing Scheme Text Proposed Modification Rationale/Justification and whereby, and in terms of the Category B classification, there shall be no allowance for any consideration to relaxing such requirements under Performance Criteria provisions.

· The architectural theme of all development facing Moore Street is to have regard for the Stirling Street Precinct Guidelines and associated policy.

2.4 Impacts and Implications

The site is located in close proximity to residential developments to the north and to the east. The development conditions contained under Schedule 2 - Special Use Zone No. 49 intended to protect the amenity of the surrounding residents in terms of vehicular access i.e. no vehicular access from Moore Street from the residential development site to the north. In addition, the setback requirements from Moore Street and fence/wall requirements intend to protect the amenity of the surrounding residents. It is considered that the ‘Veterinary Centre’ use would not impact the amenity of the surrounding residents.



3. Conclusion and Recommendations 3.1. Conclusion

The proposed Scheme Amendment 87 is consistent with the general requirements of the state and local government planning policies and strategies. It is in line with the general direction of City’s Local Planning Strategy for Activity Centres and Neighbourhoods (2010).

3.2. Recommendations

The following recommendations are made with respect to progressing the proposed Scheme Amendment 87 to the City of Bunbury Town Planning Scheme No. 7:

3.3. Scheme Amendment Procedure

The scheme amendment report has been prepared by the City of Bunbury’s Development Assessment 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 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

A. Amend the Local Planning Scheme by modifying text in the table under Schedule 2 – Special Use Zones at No. 49 within the ‘Special Use(s)’ and ‘Condition(s)’ columns.

B. A copy of the proposed Scheme Amendment No. 87 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 87 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.



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.

3.4. 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


http://www.bunbury.wa.gov.au/


Scheme Amendment Submission



Amending Pages

Planning and Development Act 2005

Amendment 87 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 modifying text in the table under Schedule 2 – Special Use Zones at No. 49 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

49 Part Lot 107 (north) Strickland Street

AMD 3 GG 25/5/04

AMD14 GG 17/2/06

Uses must comply with the following objective:

Use of the land will not involve activities that are noisy or that generate emissions of smoke or dust or that, in the opinion of the Local Authority, involve any activity that may disturb the amenity of the adjoining residential area.

The following uses are listed as discretionary “D” uses:

Industry – Service Industry – Cottage Community Purpose Showroom

The following uses are classified as “A” uses:

Consulting Rooms Office Storage Veterinary Centre


· Maximum site coverage – 60%; · Maximum plot ratio – 1.0; · Minimum % of site to be

landscaped – 6%; and · Carparking shall be provided in

accordance with Table 2 of the Scheme and any relevant Local Planning Policy.

2. The setback to Moore Street shall be a 6 metre setback (average) with a minimum of 3 metres.

3. Other setbacks are to be in accordance with the Residential Design Codes.


· No vehicular access from Moore Street.

· Vehicle access to Moore Street is to be restricted by the imposition of a restrictive covenant enabled under section 129BA of the Transfer of Land Act.

5. Office floorspace shall be limited to



not more than 200m² NLA.

6. A masonry fence to a height of 2.1m to be provided along the entire northern boundary.

7. A masonry/non-masonry fence to be provided along the Moore Street boundary.



Adoption Page

Adopted for Advertising

Adopted for advertising of Scheme Amendment 87 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 __________, 2016 (Decision Number: ____/______).

Mayor

Signed:- ………………………………………………………… Gary Brennan

Chief Executive Officer

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

Chief Executive Officer

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


WITHERS LOCAL AREA PLAN | 1

LOCAL PLANNING POLICY | Wi thers Loca l Area P lan

11 t h o f N o v e m b e r 2 0 1 5

Appendix DPDRS-12

2 | INTRODUCTION

Prepared for:

City of Bunbury

Planning Department

Contact: Thor Farnworth

Position: Manager Sustainability, Planning and Development

Phone: 08 9792 7054

Email: [email protected]

Edition Details

Table 1. Edition Details

Table 2. Document Register

Document Register

Version Date Amendments Prepared By

A 19/06/2015Draft - Withers LAP - Progress Update to City of Bunbury

FH

B 22/07/2015 Draft - Withers LAP FH

C 14/09/2015 Draft - Meeting with CoB 15/09/2015 FH

D 05/10/2015 Draft - Stakeholder Review FH

E 16/10/2015 Council Endorsement FH

F 20/10/2015 Council Endorsement FH

G 11/11/2015 Cover Page Revision FH

Edition DetailsWith LAPEdition DetailsEdition DetailsTitle Withers LAP

Production Date 16/10/2015

Prepared By UDLA

Author Greg Grabasch & Fiona Hurse

Status COUNCIL ENDORSEMENT

UDLA Project Code BUNWI

WITHERS LOCAL AREA PLAN | 3

AcknowledgmentsAcknowledgment of Country

STAKEHOLDERS:City of Bunbury and Council;James Hayward

Bob Karaszkewych

James Shepard

Jana Joubert

Jessica Hackett

Phil Harris

Thor Farnworth

Department of Education; Neil Milligan

Housing Authority;Kath Roberts

Mendo Stepanovski

Coralie Ayres

David McLoughlin

Richard Elliot

Goomburrup Aboriginal Corporation and Elders;Paul O’Neil

Gloria Dann

Greg Little

Joyce Dimer

Melba Wallam

Yvonne Garlett

Stewards of Katherine Chauhan Reserve;Margaret Teremoana

LandCorp;Matthew Whyte

Maidens Park Primary School;Judy Chitty

Simon Bartlett

Shona Studdert

Owen Preston

Waylon Hill

Silas Saw

Nada Saleh

Maya Hume

Liam Maher

Kevin Dickie

Joshua Marsh

Jessica Adams

Jade Collard

Honey Voller

Hannah Copper

Evan Hill

Grace Horan

Dana Marsh

Cheyenne Clough

Beshaun

Aaliyah Farmer

Samuel

Brenton

Member for the South West Region Australian Labor Party;Hon. Adele Farina

MLA Member for the Bunbury Liberal Party;Hon. John Castrilli

Neighbourhood Watch Coordinator and Representatives;Mellissa Howard

John Gardyne

Steven Lindley

Newton Moore High School and Education Support Centre;Penny Nunn

Susan Kerr

Police;Steph Smith

South West Development Commission;Amanda Taylor

Anna Oades

WA Country Health;Jenny Page

Kelly Mennen

Withers Community Library;Mellissa Zimmerman

The Aboriginal people of the area encompassed by the City of Bunbury are the Noongar people including the Wardandi clan/language group. The Local Area Plan acknowledges all Elders, cultural leaders and community members both past and present who continuously retain their spiritual and custodial connection to country.

Project ParticipantsThe project team would like to acknowledge the input by the following residents, stakeholders and City of Bunbury representatives. Again, thank you for your valued contribution, direction and support.

RESIDENTS AND/OR LANDOWNERS:Anne Crittendon

Ben Kemps

Byron Albrey

Cheryl Robinson

Cindy Bloor

Doug Fimister

Gillian Alexander

Glen Willetts

Joanna Hughes-Dit-Ciles

Jozina De Ruiter

Ken Warnes

Laurence Goodwin

Lorene Kemps

Lou Valli

Mary Dunlop

Princie Read

Ron Fitch

Wayne Mayor

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