Shire of Carnarvon Page Development Services Report – Land Use & Development Services - 2011

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8.3.3 LAND USE & DEVELOPMENT SERVICES REPORT 8.3.3.1 SCHEME AMENDMENT – REMOVAL OF RESTRICTIVE COVENANTS File No 4S0602 Location/Address Carnarvon Townsite and Surrounds Name of Applicant Shire of Carnarvon Author Kelly D’Arcy Financial Interest Nil Date of Report 26 June 2012 Summary This report relates to an initial request from the owner of 33 Babbage Island Road, Carnarvon to amend or remove a Restrictive Covenant that controls the construction of boundary fencing and restricts housing to a single dwelling unit. The respective covenants affect some 130 landowners, including 2 properties owned by the Shire. The officer recommendation is for Council to initiate a Scheme Amendment that is the most effective way to address the removal of restrictive covenants. Background At the time of subdivision in 1980 the Council of the day applied a number of restrictive covenants to multiple lots in Brockman and Morgan Town localities. The purpose of these covenants was to preclude or at least limit front boundary fences in the interest of establishing and protecting the streetscape values, and prescribe building standards inclusive of minimum dwelling size, use of materials (masonry construction), minimum ceiling heights, and only one dwelling per lot. The modification/removal of these covenants has been an ongoing issue since early 2010, with a number of requests from landowners being received by Council. In August 2010, Council resolved as follows:

FC 7/8/10 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Hopkinson/Cr Smith That pursuant to Section 129C of the Transfer of Land Act 1893

(i) Council support the procedure for the removal of Condition (D) Restrictive Covenant Type A under Section 129B of the Transfer of Land Act 1893 for the properties identified on Plan RC01; and that

(ii) Subject to a positive outcome from public consultation Council support the procedure

for the removal of Condition (D) Restrictive Covenant Type A under Section 129B of the Transfer of Land Act 1893 for those properties identified on Plan RC02.

CARRIED

F5/A0

Following on from this resolution further investigation has been undertaken to progress this matter. As a result, under the Transfer of Land Act 1893, ‘Division 3A — Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements’, Council officers sent a form letter to the affected land owners to assist with the process of removing condition (D) of the covenant Type A that relates to the front boundary fencing. The Shire received 10 responses which is insufficient to enact the modification/removal of this covenant. Subsequently, the owner of 33 Babbage Island Road contracted

HTD Surveyors and Planners to act on their behalf. HTD conducted a letter drop to all affected landowners in November 2010 which yielded similar results as the Shires letter drop. Upon a further request from this land owner, Council resolved at its December 2010 meeting:

FC 18/12/10 OFFICER RECOMMENDATION Cr Smith/Cr Gibbings That pursuant to Section 129C of the Transfer of Land Act 1893 Council hereby: (1) Consents to conditions (A), (C), (D) and (E) attached to Restrictive Covenant Type A

pertaining to Lot 82 on Plan 11224 (HN 33) Babbage Island Road, Brockman, being removed from the covenant; and

(2) Authorises the Chief Executive Officer to consent to the removal of the same conditions in respect to any future requests received from registered proprietors similarly burdened.

CARRIED

F8/A0

As the registered proprietors of Lots 103 and 104 on P112244, the CEO on behalf of the Council completed and signed a ‘Consent to Modification of Restrictive Covenant’ to execute the Council’s motion. However, given a lack of response from all registered land owners this ‘Consent to Modification of Restrictive Covenant’ does not have effect rendering this approach futile. Further investigation by the Planning Section has identified the best course of action is to introduce specific provisions into the Shire’s Town Planning Scheme No.10 that will empower the Council to remove the restrictive covenant. Subsequently, individual landowners may apply to the Titles Office for the covenant to be removed as an encumbrance from their certificate of title. Statutory Environment Transfer of Land Act 1893 Restrictive covenants are dealt with under the Transfer of land Act 1893 ; Section 129B. The procedure to remove a restrictive covenant is listed in Section 7.5 of the Landgate ‘Land Titles Registration Practices in Western Australia’ manual. An extract of 7.5 ‘How Covenants are Removed’ can be found in Schedule 8.3.3.1 (i), with particular reference to Sub Section 7.5.4 that references a need for a Town Planning Scheme amendment. Planning and Development Act 2005 Schedule 7, Section 11(1) of the Planning and Development Act 2005 advocates the local government through its Town Planning Scheme has the power to extinguish or vary any restrictive covenant, easement or right of way . Policy Implications Nil Financial Implications In light of the number of affected landowners it is recommended the Shire absorb all costs applicable to the preparation and execution of a Scheme Amendment. If supported, this will result in the following indicative costs: $2600 - Officer time @ $65 per hour x 40 hours $500 - Preparation of Scheme Amendment Map $3250 - Shire Planning Fee - Minor Scheme Amendment $1200 - Advertising and gazettal costs

$7550 - Total Cost Strategic Implications The request to amend the TPS generally accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 1: A DEVERLOPING REGIONAL ECONOMIC BASE AND INCREASED EPLOYMENT SUPPORTED BY STRONG BUSINESS ENTERPRISES AND A GROWING POPULATION

Outcome 1.2 Increased availability of serviced Residential, Commercial and Industrial land

1.2.3 Facilitate and/or participate in the development of Shire, State Government and Private Sector land holdings.

Voting Requirements Simple Majority Comment Over the past 30 years the localities of Brockman and Morgan Town have developed with relative disregard to both restrictive covenants. This is evident through the Department of Housing constructing a number of unit developments and individual landowners erecting front fences contrary to the intent of the respective covenants. Furthermore, as previously reported, it is no longer considered that there would be a perceived detriment to any of the properties in the streets identified were Condition (D) to be removed. This can be extended to cover the remaining conditions where respective concerns would be otherwise satisfactorily covered by the Residential Design Codes Western Australia, and assessed as part of any building application submitted. As a result, it no longer appears that the burden placed upon the land is either warranted or justified. Therefore, given the above rationale it is recommended the Council initiate an amendment to Town Planning Scheme No.10 by inserting the following specific clauses as a part extract from the Western Australian Planning Commission’s Model Scheme Text (MST) under ‘Part V – General Provisions’ of the Shire scheme text:

5.15 RESTRICTIVE COVENANTS 5.15.1 Subject to clause 5.15.2, a restrictive covenant affecting any land in the Scheme area

by which, or the effect of which is that, the number of residential dwellings which may be constructed on the land is limited or restricted to less than that permitted by the Scheme, is hereby extinguished or varied to the extent that it is inconsistent with the provisions of the Residential Design Codes which apply under the Scheme.

5.15.2 Where clause 5.15.1 operates to extinguish or vary a restrictive covenant the local

government is not to grant planning approval to the development of the land which would, but for the operation of clause 5.15.1, have been prohibited unless the application has been dealt with as an ‘SA’ use and has complied with all of the advertising requirements of clause 4.3.

5.15.3 Where a particular development or subdivision of land in the Scheme area beneficial

to the local government as a whole is impeded by a restrictive covenant, the restrictive covenant may be varied or extinguished by an amendment to the Scheme that informs all parties with an interest in the restrictive covenant, and enters particulars of the restrictive covenant and the burdened land in Appendix No. XI – Schedule of Restrictive Covenants.

The amendment will also require a Schedule of Restrictive Covenants to be inserted into the Scheme Text as Appendix XI that details the affected properties, specific wording of the restrictive covenant and nature of variation or extinguishment. It is understood the insertion of these clauses and the schedule in the scheme text will empower the Council to remove a restrictive covenant for a property/s without the need to obtain consent of all landowners affected by the covenant. OFFICER’S RECOMMENDATION That Council resolve:

1. Pursuant to Section 75 of the Planning and Development Act 2005 (as amended), amend the Shire of Carnarvon Town Planning Scheme No. 10 by:

a) Inserting the following specific clauses under ‘Part V – General Provisions’:

5.15 RESTRICTIVE COVENANTS

5.15.1 Subject to clause 5.15.2, a restrictive covenant affecting any land in the Scheme area by which, or the effect of which is that, the number of residential dwellings which may be constructed on the land is limited or restricted to less than that permitted by the Scheme, is hereby extinguished or varied to the extent that it is inconsistent with the provisions of the Residential Design Codes which apply under the Scheme.

5.15.2 Where clause 5.15.1 operates to extinguish or vary a restrictive covenant

the local government is not to grant planning approval to the development of the land which would, but for the operation of clause 5.15.1, have been prohibited unless the application has been dealt with as an ‘SA’ use and has complied with all of the advertising requirements of clause 4.3.

5.15.3 Where a particular development or subdivision of land in the Scheme area

beneficial to the local government as a whole is impeded by a restrictive covenant, the restrictive covenant may be varied or extinguished by an amendment to the Scheme that informs all parties with an interest in the restrictive covenant, and enters particulars of the restrictive covenant and the burdened land in Appendix No. XI – Schedule of Restrictive Covenant.

b) Insert a new Appendix XI – Restrictive Covenants as follows after Appendix X:

Appendix XI – Restrictive Covenants

Land burdened by the Restrictive Covenant

Description of the Covenant Extinguishment or Variation of the Covenant

Lots 25, 24, 23, 22, 21, 20, 19, 18, 70, 69, 68, 67, 66, 65, 65, 63, 62, 61, 2, 5, 6, 7, 8, 51, Norton Way, Morgantown ; Lots 373, 374, 376 George Street, Morgantown ; Lots 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 71, Butcher Street,

Covenant (A)

a) No dwellinghouse erected on the said land shall comprise less than 116m2 gross area and shall not be erected unless there shall be at least three rooms under the main roof

Extinguish

Morgantown ; Lots 1, 3, 72, 9, 10, 11, 12, 13, 14, 15, 16, 17, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, Willesee Street, Morgantown ; Reserves 34143, 34144 ; Lots 59 and 60 Ross Street, Morgantown ; Lots 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, Tuckey Court, Morgantown ; Lots 75, 76, 77, 78, 79, 80, 81, 82, Babbage Island Road, Morgantown ; Lots 302, 303, 309, Maslen Street, Morgantown ; Lots 300, 301, 304, 305, 306, 307, Geyer Place, Brockman ; Lots 292, 293, 294, 295, 296, 297, Salmond Court, Brockman ; Lots 310, 311, 312, 330, 331, 332, Newman Place, Brockman ; Lots 322, 323, 324, 342, 343, 344 Meiklejohn Crescent, Brockman ; Lots 335, 334, 333, 354, 355, 356, 349, 348, 347, Castrini Crescent, Brockman ; Lots 125, 126 Richards Street, Brockman.

capable of being used as bedrooms separately from other habitable rooms one such room being not less than 11.15m2 in area and the other two being not less than 7.43m2

each in area. b) Not without the written

consent of the Transferor to construct external walls of the said dwellinghouse on the said land of materials other than brick.

c) No dwellinghouse shall have roof structures that are not thermally insulated and ceilings therein shall not be less than an average of 2550 mm in height.

d) No fences shall be erected on the said land other than along the rear boundary to its full length and on the side boundaries to the front building line thereof. Not without the written consent of the Transferor to construct the said fencing with materials other than asbestos cement which shall not be less than 1500mm in height except that the said boundary fences may be sloped to a lower height for the first three metres beyond the front building line.

e) No dwellinghouse shall be designed and constructed for use other than as a single private dwellinghouse (Clause 1 ‘building) as defined or mentioned in the Uniform Building By-Laws applicable to the said land as at the 20th day of June 1975.

Lots 152, 1, 154, 155, 156, 157, 11, 160, 161, 162, 1002,1193, 1147 David Brand Drive, Brockman ; Lots 186, 185, 184, 183, 182, 181, 180, 179, 178, 226, 225, 224, 223, 222, 221, 220, 219, 218, 217, 216, 215, 214, 173, 172, 213, 212, 211 Foss Crescent, Brockman ; Lots23, 22, 21, 171, 242, 241, 363, 362, 284, 283, 282, 281, 280, 279, 286, 285,227,

Covenant (B) 1. Not without written consent of

the transferor to construct external walls of a dwelling-house on the said land with materials other than brick.

2. Not without the written consent of the transferor to construct fencing with materials other than

Extinguish

228, 229, 230, 231, 232, 288, 287 Cranberry Drive Brockman ; Lots 364, 365, 366, 367, 1, 3, 4, 369, 370, Snook Court, Brockman ; Lots 256, 257, 258 Eweing Place, Brockman ; Lots 259, 260, 261, 262, 263, 274, 275, 1179, Bibra Way, Brockman ; Lots 266, 267, 268, 1, 271, 272, 273 Buzolic Court, Brockman ; Lots 278, 277, 276, 289, 280, 325, 341 Meiklejohn Crescent , Brockman ; Reserve 44093 ; Lots 108, 109, 110, 111, 112, 350, 351, 352, 353, 336, 122, 123, 124 Castrini Crescent, Brockman ; Lots 113, 114, 115, 116, 117, 118, 119, 120, 121 Skinner Court, Brockman ; Lots 138, 1, 3, 1, 5 Houlahan Place, Brockman ; Lots 126, 127, 128, 129, 135, 202, 201 Richards Street, Brockman ; Lots 205, 204, 203, Dempster Road, Brockman ; Lots 132, 1, 130, 134 Carson Place, Brockman ; Reserve 41680 ; Lots 329, 313 Newman Place, Brockman ; Lots 291, 298 Salmond Court, Brockman ; Lots 299, 314, 307, 308 Geyer Place, Brockman ; Lots 374 Butcher Street, Brockman ; Lots 1000, 1 George Street, Brockman.

fibro cement of not less than 1500mm in height for the rear boundary to its full length and the side boundaries to at least the front building line. Side boundary fences may be sloped to a lower height for the first three metres beyond the front building line.

2. To prepare Scheme Amendment No.62 to Town Planning Scheme No.10 using in-house resources,

with all costs to be absorbed under COA 2912 of the Shire’s municipal budget;

3. Authorise the Shire President and the Chief Executive Officer to execute the relevant documentation for initiation and adoption to enable referral to the Environmental Protection Authority for the level of assessment for the amendment be set pursuant to Section 48A of the Environment Protection Act 1986 [as amended]; and

4. Upon receipt of the level of assessment from the Environmental Protection Authority, proceed to advertise the amendment for a period of 42 days through the placement of an advertisement in the Northern Guardian, erection of a notice in the Shire Office, and the posting of notices to affected parties.

……………………………………..(Author) …………………………………(Manager/CEO)

Extract from ‘Land Titles Registration Practices in Western Australia’ Manual

8.3.3 LAND USE & DEVELOPMENT SERVICES REPORT 8.3.3.2 RETROSPECTIVE APPROVAL FOR ILLUMINATED PYLON SIGN – LOT 1 ROBINSON

STREET, CORAL BAY

File No A2718 Application No P32/12 Location/Address Lot 1 Robinson Street, Coral Bay Name of Applicant Aspen Parks Property Trust Author Sarah Chan – Planning Officer Financial Interest Nil Date of Report 26 June 2012 Summary This report recommends retrospective Development Approval for an illuminated sign associated with the Ningaloo Reef Resort at Lot 1 Robinson Street, Coral Bay. Proposal The Council has received a Development Application involving retrospective approval of an illuminated panel sign advertising the Ningaloo Reef Resort. Figure 1 provides an understanding of the location of the existing sign’s location. The application details a sign that measures 2.4 metres in width and 4.25 metres in height with an area of 10.2m2, and is supported by three steel pylons that reach a maximum height of 2.75 metres above ground level. The graphic design of the sign is shown in Schedule 8.3.3.2 (i).

Figure 1 – Sign Placement – Robinson Street, Coral Bay

Sign Location

Background The development application has been submitted for approval under District Zoning Scheme 11 (TPS 11) after an enquiry was made from the Coral Bay Progress Association regarding the legitimacy and legality of the sign. Clause 7.1 of TPS 11 states:

7.1 Power to Control Advertisements

7.1.1 For the purpose of this Scheme, the erection, placement and display of advertisements and the use of land or buildings for that purpose is development within the definition of the Act requiring, except as otherwise provided, the prior approval of the Council. Such Planning Consent is required in addition to any licence pursuant to Council’s Signs and Hoarding and Bill Posting By-laws.

7.1.2 Applications for Council’s Consent to this Part shall be submitted in accordance with the

provisions of Part VIII of the Scheme and shall be accompanied by a completed Additional Information Sheet in the form set out at Schedule 3 giving details of the advertisement(s) to be erected, placed or displayed on the land.

However, on the 20 January 2010 a licence (No. 09 308) for an advertising device was issued by the then Building Surveyor under the Shire’s Sign Local Law without development approval being granted. Although the sign licence was issued as a lawful approval its currency has expired and therefore no longer holds statutory weight for the existing structure. A copy of licence No. 09 308 is shown at Schedule 8.3.3.2 (ii). As TPS 11 does not prescribe any specific standards for signs and advertising devices, the repealed Local Law for advertising devices is generally used as a guide which details the following maximum and minimum dimensions:

Sign Type Height (m)

Width (m)

Head Room (m)

Area (m2)

Height GL (m)

B/Setback(m)

Pylon 5.0 3.0 2.4* 5 7.5 1.0*

Illuminated 5.0 3.0 2.4* 5 6.0 1.0*

* Minimum dimension

Statutory Environment With the previous Local Law for advertising devices having been repealed, the Council needs to determine this signage application under Part VII of the Shire District Zoning Scheme No. 11. The Scheme outlines the power to control advertisements, but does not include any prescriptive standards.

“Advertisement” - means any word, letter, model, sign, placard, board, hoarding, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction and includes any hoarding or similar structure used, or adapted for use, for the display of advertisements and Advertising Sign shall be construed accordingly…

By the very nature of this interpretation it is viewed that advertising devices or signs constitutes ‘development’ under the TPS No. 11 which requires Planning Approval pursuant to Sections 5.1 and 7.1 of the Scheme.

Policy Implications While this application does not present any immediate Policy implications, the approval process for advertising devises and signage needs to be simplified. As previously directed by Council a Local Planning Policy is currently being prepared by staff to address the lack of guidance on minimum and maximum standards for the various types of signage and advertising for land under TPS No.10. Once the Policy has been finalized and endorsed by Council, a similar Signage Policy will then be prepared under DZS No.11 in order to provide a general guide for signage development applications within areas of the Shire outside of the Carnarvon townsite. Financial Implications Nil Strategic Implications The existing sign accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 1: A DEVELOPING REGIONAL ECONOMIC BASE AND INCREASED EMPLOYMENT SUPPORTED BY STRONG BUSINESS ENTERPRISES AND A GROWING POPULATION

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

Comment As a general comment from a planning perspective advertising/signage is assessed to ensure it:

- conforms to the relative standards/dimensions set by Council through a Local Law or specific signage

Policy; - does not present a safety issue or distraction in its form and/or placement; - does not aesthetically detract from a streetscape presentation and surround environs; - does not present as material that may broadly offend members of the public.

In consideration of the above criteria it is assessed the proposed sign advertising Ningaloo Reef Resort generally accords with the appropriate standards, with some notable exceptions being the maximum height 1.0m above the prescribed illuminated sign dimensions and area 5.2m2 larger than the prescribed surface area. However, the Signage Local Planning Policy currently in draft for TPS No. 10 indicatively proposes a maximum surface area of 9.0m2 for pylon signs based on an acknowledgement that signs of this nature often exceed the previous allowance 5m2 in area. With the existing sign having already been erected at 10.2m2 in area and upon site inspection it is viewed that the size of the sign is acceptable from an amenity perspective. In regards to the overall height at 2.75m, this too is not considered to not be an issue as the sign is only partially illuminated, and the existing height of the sign is less than the non-illuminated pylon sign requirements. On the matter of the existing presentation and graphical design, again it is viewed the colours and wording as presented in Schedule 8.3.3.2 (iii) is considered acceptable. This view is supported by the fact that no complaints or concerns have been raised by the proprietors of the neighbouring Peoples Holiday Park or member of the general public on the placement, presentation or illumination. Voting Requirements Simple majority.

OFFICER’S RECOMMENDATION It is recommended the Council grant retrospective development approval for one illuminated panel sign on Lot 1 Robinson Street, Coral Bay subject to the following: Conditions

(1) The sign shall conform with the attached approved plan(s) and specifications dated

26 June 2012 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the CEO (or delegate).

(2) The sign shall be maintained to a high standard of presentation to the satisfaction of the CEO (or

delegate). Advice Notes

(i) This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to erection of the signage within a designated Region D cyclone area. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire Principal Building Surveyor on Ph: 9941 0000.

……………………………………..(Author) …………………………………(Manager/CEO)

SCHEDULE 8.3.3.2 (i) GRAPHIC ILLUSTRATION OF SIGN

SCHEDULE 8.3.3.2 (ii) Previous Licence for Advertising Device - 09 308

SCHEDULE 8.3.3.2 (iii) Existing Sign

8.3.3 DEVELOPMENT SERVICES REPORT 8.3.3.3 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT 2 NORTH WEST COASTAL

HIGHWAY, WOORAMEL File No A3437 Application No P34/12 Location/Address Lot 2 North West Coastal Highway, Wooramel WA Name of Applicant Planning Solutions Pty Ltd for Telstra Corporation Ltd Author Sarah Chan – Planning Officer Financial Interest Nil Date of Report 26 June 2012 Summary This report concerns a development application for the establishment of two new panel antennas mounted on an existing guyed mast, a solar panel array and a new power generator, as well as underground cabling between existing equipment and devices at the Wooramel Roadhouse. The proposed infrastructure is being installed to improving mobile, voice and high speed wireless data broadband in the region, particularly mobile reception along North West Coastal Highway. The officer recommendation is support the proposal. Background The Western Australian State government has established a Regional Mobile Communications Project (RMCP) network program to deliver terrestrial mobile, voice and high speed wireless date broadband to improve highway and town-to-town coverage in regional, rural and remote communities of the State in partnership with communication provider Telstra. In selecting network base station sites Telstra has endeavouring to utilise existing network sites where possible. In accordance with the application one of the preferred sites is the existing communications tower to the rear of the Wooramel Roadhouse, being 5435m2 in area, located on Lot 2 Northwest Coastal Highway as shown in Figures 1 and 2. A copy of the Certificate of Title for this property is provided at Schedule 8.3.3.3 (i)).

Figure 1 – Local Context

Figure 2 – Aerial Photograph

The Wooramel Roadhouse and existing telecommunication tower is located on rural land adjacent to the North West Coastal Highway within the gazetted locality of Wooramel, approximately 120kms south of Carnarvon and some 70kms north of Overlander. Figure 3 below depicts an aerial photograph of the subject site and immediate surrounds, currently utilised for telecommunications infrastructure and the surrounding land, other than the Roadhouse, utilised for undeveloped rural use and grazing.

Figure 3 – Existing Facility Facing South

Proposal To achieve the necessary network coverage requirements, Telstra proposes to install two new panel antennas mounted on the existing guyed mast. An additional solar panel array and a new power generator will also be installed at ground level, together with underground cabling. Provision has been made for future Police and Emergency Services (FESA) communications infrastructure to be co-located on the facility. In summary the proposed development consists of the following:

Panel Antennas (2) Dimensions

2 x 2.35m (h) 4.80m (w) 0.95m (d)

Elevation 51.0m above natural ground level

Solar Panel Array (3 x 12 panels)

Dimensions 3 x 5.039m (w) 3.991m (d) 4.50m (h)

Elevation Natural Ground Level

Power Generator (1) Dimensions

1 x 2.3m (w) 1.0m (d) 2.065 (h)

Elevation Natural Ground Level

Detailed plans and elevations depicting the proposal are attached as Schedule 8.3.3.3 (ii) and Schedule 8.3.3.3 (iii). A complete copy of the application can be provided to Councillors on request. Statutory Environment Shire of Carnarvon District Zoning Scheme No. 11 The subject site is contained within the area covered by the Shire of Carnarvon District Zoning Scheme No. 11 (DZS 11) and is zoned ‘Rural’ under the provisions of DZS 11. The proposed infrastructure is deemed to be consistent with, and accordingly does not compromise, the ultimate purpose intended for the zone. Arguably the proposed Telecommunications Infrastructure could fall under the definition of ‘Public Utility’ which is a permitted use in the ‘Rural’ zone or conversely be interpreted as a use not listed under Clause 3.2 – Zoning Table of the DZS 11. The definition of public utility as provided in the Scheme is detailed below:

Public Utility: means any work or undertaking constructed or maintained by a public authority or the Council as may be required to provide water, sewerage, electricity, gas, drainage, communications or other similar services.

As for a use not listed, Clause 3.2.4 of the Scheme states:

If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonable be determined as falling within the interpretation of one of the use classes the Council may:

a) Determine that the use is not consistent with the objectives and purpose of the particular zone and is therefore not permitted.

b) Determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the Zone and thereafter follow the advertising procedures of Clause 8.2 in considering an application for Planning Consent.

State Planning Policy No. 5.2 – Telecommunications Infrastructure

State Planning Policy No. 5.2 (SPP 5.2) aims to facilitate the development of an effective state-wide telecommunications network in a manner consistent with the economic, environmental and social objectives of orderly and proper planning. SPP 5.2 is supplemented by Guidelines for the Location, Siting and Design of Telecommunications Infrastructure, with following relevant principles:

Telecommunication facilities should be designed and sited to minimize and potential adverse visual impact on the character and amenity of the local environment, in particular, impacts on prominent landscape features, general views in the locality and individual significant views; and

Telecommunication facilities should be designed to minimize adverse impacts on the visual character and amenity of residential areas.

Policy Implications Nil Financial Implications Nil Strategic Implications The proposal accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 1: A DEVELOPING REGIONAL ECONOMIC BASE AND INCREASED EMPLOYMENT SUPPORTED BY STRONG BUSINESS ENTERPRISES AND A GROWING POPULATION.

Outcome 1.3 Improved Shire infrastructure

1.3.1

Advocate for the timely provision of enhanced infrastructure and utilities to facilitate economic growth. e.g., water, power, sewerage, boat launching facilities, air transport infrastructure and telecommunications.

Voting Requirements Absolute Majority Comment From assessment the proposed development is justified based on:

1. A deemed level of consistency with the provisions of District Zoning Scheme 11 and the Western Australian Planning Commission’s State Planning Policy No. 5.2 – Telecommunications Infrastructure and the Guidelines for the Location, Siting and Design of Telecommunications Infrastructure;

2. The infrastructure associated with the telecommunications facility being contained within the existing site, and will not involve the removal of any significant vegetation;

3. Works associated with the development being minor in nature, and is not anticipated to detrimentally affect the amenity of the local area; and

4. The new infrastructure providing a vast improvement to telecommunications in the region to the betterment of the travelling public and Wooramel Roadhouse operations.

However, notwithstanding this assessment and an understanding the new equipment will be located on

rural/pastoral land and is unlikely to impact on the amenity of the area or impact adversely on the surrounding environment, it is recommended the Council treat the application as a ‘use not listed’ in DZS No.11 to afford public comment before development approval is considered. The reason for this approach is largely due to:

1. Telstra being a corporation and private entity which raises some question over its status as a ‘Public Utility’; and

2. Typically, there is generally a high level of community interest and sentiment towards proposals for telecommunications facilities.

OFFICER’S RECOMMENDATION It is recommended the Council:

1. Determine pursuant to Clause 3.2.4 b) of the Shire of Carnarvon District Zoning Scheme No.11 the application for installation of Telecommunications Infrastructure on Lot 2 North West Coastal Highway Wooramel as a ‘use not listed’;

2. Proceed to advertise the application seeking public comment in accordance with the provisions outlined in Clause 8.2 of the District Zoning Scheme No.11, including a public notice of the proposed facility to be displayed at the Wooramel Roadhouse ;

3. Afford delegation to the CEO (or delegate) to grant Development Approval for Telecommunication Infrastructure at Lot 2 North West Coastal Highway, Wooramel should no objection be raised during the public consultation period, with the following condition and advice note being applied:

Conditions

a) The approved telecommunications infrastructure shall accord with the attached approved

plan(s) dated 26 June 2012. The endorsed plans shall not be modified or altered without the prior written approval of the CEO (or delegate).

Advice Notes

This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the land owner to determine any necessary approvals required and obtain such approvals prior to the commencement of use.

……………………………………..(Author) …………………………………(Manager/CEO)

SCHEDULE 8.3.3.3(i)

Certificate of Title

Site Plan

Elevation Plan

8.3.3 DEVELOPMENT SERVICES REPORT 8.3.3.4 PROPOSED EXTRACTIVE INDUSTRY - SAND EXTRACTION FROM WOORAMEL RIVER – LOT

12 NORTH WEST COASTAL HIGHWAY WOORAMEL STATION File No A2354 Application No P36/12 Location/Address Lot 12 North West Coastal Highway Wooramel Name of Applicant J Steadman Author Sarah Chan – Planning Officer Financial Interest Nil Date of Report 26 June 2012 Summary This report concerns a development application for the extraction of river sand for sheeting of roads and concrete for tanks/troughs and other general maintenance programs within the Wooramel Station. In consideration of the merits of this application it is recommended conditional development approval be granted for this application. Proposal It has been requested for the owner of Wooramel Station to gain approval for the extraction of river sand from the Wooramel River that traverses the Wooramel Station. A search of land tenure through the Landgate portal by Shire staff has confirmed the subject land is held in freehold by the owner of the Wooramel pastoral lease. Contextual understandings of the proposed site are presented in Figures 1 and 2 below.

Figure 1 – Aerial Photo: Wooramel Station Context

Figure 2 – Aerial Photo of Proposed Extraction Area

In summary the proposed development consists of the following:

1. River sand to be removed to 2.5m in depth for road sheeting and concrete; 2. Area of extraction – 100m x 200m (2.0 hectares) 3. Hours of operation – 6am to 6pm; 4. Private access through existing internal road infrastructure; 5. Loading and Unloading will use existing lay down areas with the main access being via the existing

homestead road. As evident in in Figure 2 the proposed sand extraction is adjacent to the existing horticultural activity. The applicant has also indicated discussion has already been entertained with the Departments of Water, Environment and Conservation, and Mines and Petroleum over the proposal. The application states the Department of Water has no requirements, the Department of Environment and Conservation also has no requirements unless screening is involved, and the Department of Mines and Petroleum have no requirements unless the extraction is from Unclaimed Crown Land and/or pastoral lease sections of the river, which is not proposed. Statutory Environment Shire of Carnarvon District Zoning Scheme No. 11 The subject site is contained within the area covered by the Shire of Carnarvon District Zoning Scheme No. 11 (DZS 11) and is zoned ‘Rural’ under the provisions of DZS 11. Within DZS 11, Extractive Industries are deemed an ‘AA’ Use, where the Council may, at its discretion, permit the use.

Policy Implications At present the Council does not have a Local Planning Policy on extractive industry uses. However, it is recommended a policy be prepared that provides relevant guidance and prescribes appropriate standards to be met for the safe operation and management of extractive activities, including rehabilitation measures once the mineral extraction has been exhausted. Financial Implications Nil Strategic Implications The proposal generally accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 1: AN ECONOMY THAT IS BASED ON THE SHIRE'S DISTINCT CHARACTERISTICS, REGIONAL ADVANTAGES AND NATURAL QUALITIES

Outcome 1.7 Improved Shire infrastructure

1.7.8

Support and promote mining ventures.

Voting Requirements Simple Majority Comment Given the proposed extraction area is located on freehold land surrounded within the Wooramel pastoral lease, is relatively small scale in nature, unlikely to impact on the amenity of the area, or impact adversely on the surrounding environment, and the material extracted is solely for use by the owner to enhance pastoral infrastructure it is recommended Council support the proposal subject to conditions. However, prior to the grant of development approval it is considered appropriate written confirmation be sought from the Departments of Water, Environment and Conservation, and Mines and Petroleum to validate the claims of the applicant that each of the agencies has no requirements. OFFICER’S RECOMMENDATION It is recommended the Council:

1. Refer the application to the Department of Water, Department of Environment and Conservation, and Department of Mines and Petroleum requesting comment be received within 30 days on the proposed Extractive Industry application to mine river sand from Lot 12 North West Coastal Highway, Wooramel;

2. Afford delegation to the CEO (or Delegate) to grant Development Approval for the proposed Extractive Industry application to mine river sand from Lot 12 North West Coastal Highway, Wooramel should no objection or concern be raised by government agencies with the following conditions and advice notes being applied:

Conditions

a) The approved use shall generally accord with the attached approved plan(s) dated 26 June

2012 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans including the site plan to be lodged under Condition 2 orf this approval shall not be modified or altered without the prior written approval of the CEO (or delegate);

b) Prior to the commencement of the extraction activity the applicant shall:

(i) lodged with the Shire a scaled and dimensioned site plan showing the extent of the sand extraction area limited to 100m in width x 200m in length with the maximum area not to exceed 2.0 hectares and a depth of 2.5 metres within the Wooramel River bed;

(ii) Erect signage at the entry to the sand extraction area that provides adequate safety warning notice of the extraction and cartage operations to the satisfaction of the CEO (or delegate).

c) The extraction activity shall not involve the removal of existing vegetation from the

Wooramel River banks.

d) Hours of operation shall limited to the hours 6am to 6pm seven days per week unless prior written approval from the CEO (or delegate) has been issued;

e) The approval is valid until 26 June 2013 whereby continuation of the extraction activity may be granted under delegation to the CEO (or delegate) through a new application for Development Approval being submitted and a site inspection being undertaken by Shire staff.

Advice Notes

No structures are to be erected without a separate application to the Shire for Development Approval.

This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011 and the Health Act 1911. It is the responsibility of the land owner to determine any necessary approvals required and obtain such approvals prior to the commencement of use;

3. Endorse the preparation of an Extractive Industry Local Planning Policy that provides relevant

guidance and prescribes appropriate standards to be met for the safe operation and management of extractive activities, including rehabilitation measures once the mineral extraction has been exhausted.

……………………………………..(Author) …………………………………(Manager/CEO)

8.3.3 DEVELOPMENT SERVICES REPORT 8.3.3.5 PROPOSED SCHEME AMENDMENT NO.9 – DISTRICT ZONING SCHEME – LOT 54, 68 AND

501 ROBINSON STREET CORAL BAY File No A2294 Location/Address Lots 54, 68 and 501 Robinson Street Coral Bay Name of Applicant TPG Town Planning, Heritage & Urban Design for the Aspen Group Author Marius Shepherd – Planning Officer Financial Interest Nil Date of Report 26 June 2012 Summary This report relates to an application from TPG Town Planning, Heritage & Urban Design seeking amendment to the Shire’s District Zoning Scheme No.11 by:

a) Amending Schedule 5 (Coral Bay Precinct Plan) to remove a portion of Lot 501, a portion of

Lot 68 and Lot 54 from the “Foreshore Protection Precinct” and place it within the “Tourism

Precinct”, effectively amending the boundary between these two precincts.

This request, detailed in Schedule 8.3.3.5(i) follows on a previous request to amend Schedule 5 by correcting the Key: swapping the notation for the “Tourism Precinct” and the “Tourist Retail Precinct” which was an anomaly on the Coral Bay Precinct Plan previously. This request assumes that such correction has been granted in time, prior to assessing this application. The staff recommendation supports a scheme amendment being initiated that would allow the potential for expansion of the Ningaloo Reef Resort, anticipating an Overall Development Plan and a future application for amalgamation of the properties with Lot 1 (the Resort). The proposed development will include a hotel & tavern, forecourt, entry area and access as well as a new car park (on the foreshore area as allowed). Background This proposal was presented to Council at the May 2012 ordinary meeting of Council where it was resolved the have the matter deferred for month pending confirmation from State Land Services on the endorsement of this process. Accordingly, discussion between Shire officers and the Regional Manager of the Department of Regional Development and Lands (State Land Services) has confirmed the Department’s support for the amendment to proceed to re-align the planning precinct boundary as proposed. As previously reported the subject site is located on the western most edge of the Coral bay town site and currently gains access from Robinson Street. Coral Bay itself is located approximately 1200km north of Perth and 140km south of Exmouth. The Ningaloo Reef is Coral Bay’s main attraction and is a world heritage listed site attracting many local and international tourists annually. It is a small settlement consisting of mostly holiday homes and temporary accommodation, the majority of it being owned by four main landowners. It also has a small commercial area focusing on convenience goods, gifts and tourist activities. The Ningaloo Reef is protected by the Ningaloo Marine Park, which covers a total area of 5070km² and contains hundreds of species of coral, reef fish and other reef plants and animals. As a result Coral Bay is a very popular diving and snorkeling site and has an undisputable tourism value for the region. The Resort

taps into this demand, and has reached economic maturity with its current size and form, and is looking to expand onto the subject sites.

Figure 1: Aerial View of the subject site adjacent to the Ningaloo Reef Resort

Figure2: Cadastral Map showing properties affected; Lot 54, south eastern portion of Lot 68 and a eastern portion of Lot 501

(indicated as UCL)

Statutory Environment The Scheme Amendment is to be prepared in terms of Section 75 of the Planning and Development Act 2005, with the process to amend the zoning enacted under the Planning Regulations, 1967. Should Council initiate the proposed Scheme Amendment, the amendment and supporting documentation will be checked in-house and then submitted to the EPA for assessment. When the EPA releases the amendment for advertising, the amendment will then be advertised in accordance with the Town Planning Regulations 1967 and the Planning and Development Act 2005 seeking public comment.

At the completion of advertising, Council has an opportunity to review submissions prior to forwarding the amendment to the WAPC. Ultimately the WAPC will recommend to the Minister whether the scheme amendment should be approved or not. Policy Implications Nil Financial Implications The Shire will receive $3250 in fees for a minor Scheme Amendment. The estimated external costs for processing the amendment will be approximately $1200 for advertising and gazette publication should the Council support this amendment. Strategic Implications The request to amend the DZS accords with the following Shire goals and desired outcomes as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 1: A DEVERLOPING REGIONAL ECONOMIC BASE AND INCREASED EPLOYMENT SUPPORTED BY STRONG BUSINESS ENTERPRISES AND A GROWING POPULATION

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

1.1.5 Identify and further develop new tourism attractions and facilities.

Outcome 1.7 An economy that is based on the Shire's distinct characteristics, regional advantages and natural qualities.

1.7.7 Support and promote eco-tourism.

In terms of other Strategic documents, the following table summarizes the relevance to the proposed amendment:

STRATEGIC DOCUMENT

MOST RELEVANT ELEMENTS

State Planning Strategy 1997

Promote environmental responsible tourist operations in or near conservation areas in the region

Protect significant environmental areas such as those adjoining the Shark Bay and Ningaloo marine parks

Implement Gascoyne Regional Economic Development Strategy

Gascoyne Regional Development Plan 2010 - 2020

Attractions and services to satisfy diverse profiles of tourists including intrastate, retired sun-seekers, backpackers, high-spenders, families, interstate and international visitors

The Gascoyne Region is a major tourism destination with an established image/brand

Provision of a wider range of accommodation options, including more high quality resort style developments

Ningaloo Coast Regional Strategy Carnarvon to Exmouth

Need for the location of small scale low impact managed tourist nodes along the coast

Need for the provision of sustainable tourism developments in serviced areas

Provide for opportunities for a range of accommodation types

Coral Bay Subject site currently Adjacent Lot 1 indicated Foreshore reserve

Settlement Plan indicated suitable for day use car parking

for hotel/tourist accommodation

indicated on ocean side of access road

DEC Foreshore Management Plan

Robinson Street to be ‘downgraded’ to parkland path

Proposed road and car park in same location as application proposal

Subject site does not form part of foreshore plan and appears as part of town site

Voting Requirements Simple majority. Comment The subject site (and actually the entire Coral Bay Town site) is zoned “Coral Bay Settlement” and falls

within the Ningaloo Policy Area. The Shire of Carnarvon District Zoning Scheme No. 11 further divides the

Coral bay Settlement Zone into a number of planning precincts, each with its own development

requirements. The subject site is located within the ‘Foreshore Protection Precinct’. This application

proposes the amendment of the Scheme, to rather place the subject site in the ‘Tourism Precinct’.

Table 1 of the Scheme (Zoning Table) stipulates the land uses permitted in the different zones, and refers

the reader to Section 3.5 of the Scheme with regard to all matters pertaining to land uses in the Coral Bay

Settlement Zone.

Section 3.5.2.1 of the Scheme clearly outlines the goal of the ‘Tourism Precinct’:

“To promote development of a variety of short stay accommodation facilities and

associates amenities which are consistent with the overall theme and scale of

Coral Bay.”

It is therefore clear that the Tourism Precinct is more appropriate for the expansion of the Ningaloo Reef

Resort, as is confirmed by the land uses ‘holiday accommodation’, ‘restaurant’, ‘tourist resort’ and ‘motel’

for example that are permissible in the precinct.

In contrast, the ‘Foreshore Protection Precinct’ has its goal outlined under Section 3.5.2.3 as follows:

“To create a managed recreation environment which recognizes the need for a

balance of conservation and recreational activities?”

The land uses permissible in this precinct is limited to ‘office’, ‘recreation’, ‘information center’ and ‘car

park’ only. All other uses are not permitted and as a result it is unsuitable for the expansion of the resort

into this precinct.

Figure 3: Locality of subject site in relation to Schedule 5: Coral Bay Precinct Plan

Of course, amending the boundaries of the ‘Foreshore Protection Precinct’ should not negate the need to

motivate proposed development in the foreshore area. Amending the boundaries should not lead to any

environmental damage or be detrimental to the sustainable built environment of the Coral Bay area,

regardless of the precinct.

As a result, Strategen was appointed to conduct an environmental assessment of the subject area and

surrounds, and to assess any possible environmental impact the proposed development might have. Their

report may be provided to Councilors on request. In summary, report states that the subject site already

has surface disturbance, especially on the northern parts adjacent to the car park and Robinson Street.

Vegetation is largely degraded with buffalo grass being widespread and Kapock bush fringing the roads. It

was however noted that the Ningaloo Reef has high conservation value which attracts significant fauna

species, and it is recommended that all disturbance associated with the rezoning of the site be contained

within the immediate development area.

The report also found that, although there are some important fauna and flora on site, they are well

represented within the local and regional area and that the impact of the rezoning will not be significant. It

is important to note that the surrounding environment has already been substantially impacted by human

activity and development; hence the proposed development is not expected to significantly impact on the

existing environmental values of the surrounding environment.

Furthermore, the original road running to the west of the subject site have been closed, and proposed to

move further east to the edge of the subject property (this in fact informed the demarcation of the subject

site boundary alignment, see Figure 2) as Banksia Drive will become the vehicle access and Robinson Street

will become a pedestrian access esplanade only, according to the Coral Bay Settlement Plan. This means

that, should the boundary between the ‘Tourism Precinct’ and the ‘Foreshore Protection Precinct’ remain

the same, the latter would be split by a road leaving a small portion between the road and Lot 1 (the

Resort) which would be limited in its ability to fulfill the intent or goal of the ‘Foreshore Protection

Precinct’. It is logical that it should be included into the ‘Tourism Precinct’ due to this physical constraint.

In terms of heritage, there are no sites listed in the Shire’s Municipal Heritage Inventory or the Heritage

Council of Western Australia’s database within the subject site. Coral Bay does however form part of the

Gnulli Native Title claim, administered by the Yamatji Marlpa Aboriginal Corporation (YMAC) and Baiyungu

Aboriginal Corporation (BAC). Given the intended construction of the road and car park over part of Lot 501

and 68, which are both on Unallocated Crown Land, negotiations will need to be undertaken between the

Crown, YMAC and BAC before any construction works commence.

OFFICER’S RECOMMENDATION That Council resolve:

1. Pursuant to Section 75 of the Planning and Development Act 2005 (as amended), amend the Shire of Carnarvon District Zoning Scheme No. 11 by:

a) Removing Lot 54, eastern portion of Lot 68 and eastern portion of Lot 501 (demarcation

indicated in figures 1 and 2) from the ‘Foreshore Protection Precinct’ as indicated on

Schedule 5;

b) Inserting Lot 54, eastern portion of Lot 68 and eastern portion of Lot 501 (demarcation

indicated in figures 1 and 2) into the ‘Tourism Precinct’ as indicated on Schedule 5;

2. Request TPG Town Planning, Heritage and Urban Design Consultants to prepare formal documentation for Scheme Amendment No.9 to District Zoning Scheme No.11 for review by the Shire Planning Section;

3. Authorize the Shire President and the Chief Executive Officer to execute the relevant documentation for initiation and adoption to enable referral to the Environmental Protection Authority for the level of assessment for the amendment be set pursuant to Section 48A of the Environment Protection Act 1986 [as amended]; and

4. Upon receipt of the level of assessment from the Environmental Protection Authority, proceed to advertise the amendment for a period of 42 days through the placement of an advertisement in the Northern Guardian, erection of a notice in the Shire Office, placement of the sign on-site and the posting of notices to affected parties.

……………………………………..(Author) …………………………………(Manager/CEO)

SCHEDULE 8.3.3.5(i) REQUEST FOR SCHEME AMENDMENT

8.3.3.6 PROPOSED WAIVER OF FEES - DEVELOPMENT SERVICES COMPLIANCE PROGRAM

File No 4C0101/4C0104 Location/Address Whole District - Shire of Carnarvon Name of Applicant Shire of Carnarvon Author Ian D’Arcy – Executive Manager Development

Services Financial Interest Nil Date of Report 26 June 2012 Summary This report recommends the Council give consideration to the waiving of relevant local government planning, building and environmental health application fees and charges for retrospective planning, building and environmental health matters to encourage co-operation in achieving relative compliance, but does not include the statutory state government charges collected by the Shire. Background In March 2012 Council endorsed a strategic approach to improving the level of governance and accountability in relation to compliance within the Horticultural Areas, Caravan Parks and Camping Grounds, and the unlawful erection and use of outbuildings. As Council would be aware the initial audit inspections commenced in May of this year. During the inspections many of the landowners have verbally expressed concern over the costs to address matters of compliance, including the payment of statutory application fees and charges, when most are still recovering from the costs incurred from the 2010 and 2011 flood events. Furthermore, it has been raised by a number of landowners that the Shire should accept some of responsibility for the level of non-compliance within the horticulture precinct as staff had previously stated that approvals were not required for various structures and activities. Statutory Environment The Council is able to waive fees pursuant to Section 6.12.(1)(b) of the Local Government Act 1995 subject to a vote by absolute majority. Policy Implications Nil Financial Implications Although the waiving of local government planning, building and environmental health fees will have an adverse effect on incoming revenue for the Shire, it is unclear as to the extent of financial implication associated with this form of action. Strategic Implications The requested direction and proposed approach accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 5: LEADERSHIP AND COMMUNITY ENGAGEMENT TO ENSURE THE BEST OUTCOME OF OUR PHYSICAL, FINANCIAL AND HUMAN RESOURCES

Outcome 5.2 High standard of governance and accountability

5.2.2 Ensure compliance with all relevant legislation and regulations

Voting Requirements Absolute majority Comment The expressed view by landowners that the Shire needs to accept some level of responsibility for the lack of compliance on various planning, building and health matters and the recent burdens place on plantation owners from the recent flood events is accepted at an officer level. Therefore, it is considered reasonable the Council waive local government application fees and charges for retrospective planning, building and environmental health matters to encourage co-operation in achieving relative compliance. OFFICER’S RECOMMENDATION That Council waive all local government statutory fees and charges (excluding state government fees and charges collected under legislation) for retrospective applications to encourage co-operation in achieving compliance with all relevant planning, building and health legislation and regulations.

……………………………………..(Author) …………………………………(Manager/CEO)

Compliance and Enforcement Procedure

Development Services OBJECTIVE To provide a framework and consistent approach for Council Officers to implement compliance standards and instigate enforcement action as described in various Acts and Regulations (legislation) the Shire administers proportionate to the seriousness of an alleged offence or issue of non-compliance.

PROCEDURAL STATEMENT 1.0 Introduction As with many Local Governments in Western Australia the Shire of Carnarvon is largely responsible for the administration and enforcement of an array of State Government Legislation. Whilst the list is extensive this procedure specifically applies to the legislative framework and provisions prescribed under, but not necessarily limited to:

Building Act 2011

Building Code of Australia,

Caravan Parks and Camping Ground Act, 1995

Caravan Parks and Camping Ground Regulations, 1997

Environmental Protection Act, 1986

Environmental Protection (Noise) Regulations, 1997

Food Act, 2008

Health (Food Hygiene) Regulations, 1993

Health Act, 1911

Land Administration Act, 1997

Litter Act, 1979

Local Government Act, 1995 and associated Regulations

Local Government (Miscellaneous Provisions) Act, 1960

Planning and Development Act, 2005

Planning and Development Regulations,2009

Strata Titles Act, 1985

Shire of Carnarvon Town Planning Scheme No.10

Shire of Carnarvon District Planning Scheme No.11

Shire of Carnarvon adopted Local Planning Policies

Shire Carnarvon adopted Local laws In consideration of this legislation and in order for the Council to achieve an appropriate standard of amenity in step with the social fabric and community expectations for both Carnarvon and Coral Bay it is necessary for the Shire to apply a consistent approach to addressing issues of non-compliance associated with development. In this regard the following general principals and enforcement procedures provides a clear guide for Shire Officers to administer an equitable communication process and approach to addressing issues of non-compliance.

2.0 General Principles

2.1 For a concern or complaint from a member of the public to be acted upon notice must be in written form incorporating relevant details, including name, address, contact details and nature of concern. Anonymous or verbal notification will not be accepted and acted on unless otherwise determined by the Chief Executive Officer or his delegate.

2.2 All concerns and complaints will be treated in a confidential manner where ever possible and

appropriate.

2.3 All concerns and complaints will be considered on merit and in context of a non personal interest. A matter will not be progressed should, in the opinion of the Chief Executive Officer, the concern or complaint be perceived as vexatious or not in good faith.

2.4 Councillors and Shire Officers who become aware of potential issues of non-compliance may

submit details to the CEO or the appropriate Manager in the form of a written and signed file note.

2.5 All matters of alleged non-compliance must be recorded by the responsible officer/s in

written format and filed in the Shires record management system.

2.6 Notwithstanding the requirements of the Legislation all notifications regarding an alleged issue of non-compliance must give the recipient a minimum of thirty (30) calendar days in which to comply, unless in the opinion of the Officer and Chief Executive Officer there is a known or perceived risk or threat to the public where it is incumbent on the Officer to do everything in their power to alleviate the risk.

2.7 In the event of an application being progressed at the time of an alleged offence the

processing/assessment of the application shall be ‘suspended’ until the issue of non-compliance has been resolved to the satisfaction of the Chief Executive Officer or Council.

2.8 Notwithstanding any legislative requirement, Officers that hold delegated authority are

authorised under this policy to issue letters of warning under procedures 3.1 and 3.2 in consultation with the Chief Executive Officer. Further delegation is afforded to Managers to administer procedures 3.1 to 3.3, and the Chief Executive Officer to administer procedures 3.1 – 3.6.

2.9 Whilst there is a general duty imposed on the Shire to enforce legislation for which it is

responsible, that general duty is not absolute. In each case it will be necessary to determine whether legal costs and other liabilities are justified for the good governance of the Shire and whether or not engagement, enforced and self-regulation would be a suitable alternative means of achieving the required level of compliance within the relevant legislation.

3.0 Enforcement Procedure

3.1 Upon receipt of a written complaint or when attention is drawn to an alleged issue of non-compliance the relevant officer shall investigate the matter through written notice to the occupier/owner of the property seeking confirmation of the status of the activity, or serving a notice to comply with a response to be received within thirty (30) days.

3.2 At the expiration of the first notice, if necessary, a second letter of non-compliance shall be

sent by registered mail with receipt of notification being obtained from Australia Post. This notice shall be for a period of thirty (30) days where by a response is to be received and/or

necessary compliance has been achieved. At this point the matter shall be listed for the Council’s information.

3.3 Should a response to the second notice prove unsatisfactory a memo (email) is to be

submitted to the Manager Development Services outlining all the details of the complaint, the section of the legislation that has been breached, the compliance actions already taken (copies of letters sent) and the recommended action within the legislation. The Manager Development Services is to review all the evidence and if deemed necessary authorise the issue of a third notice to comply within a further thirty (30) days. This notice shall flag that failure to comply may result in legal proceedings to be instigated in accordance with the relevant legislation. An update of the progress of the matter is to again be listed for the Council’s information.

3.4 At the conclusion of the third notice the matter of alleged non-compliance will be presented

to the Chief Executive Officer where, based on the nature and circumstances and extent of co-operation from occupier/owner, and in consultation with the Shire President, a determination to mediate an amicable outcome or commence legal proceedings pursuant to the relevant legislation may be instigated through bipartisan agreement, with such action to be listed for the Council’s information. Conversely, at the direction of the Chief Executive Officer and/or the Shire President the matter is to be referred to Council for consideration and an appropriate course of action to be taken.

3.5 In accordance with the direction set under procedure 3.4 above, the Chief Executive Officer is

to guide the relevant course of action in an attempt to resolve or address the matter expediently in line with statutory procedure and in consideration of the budgetary constraints.

3.6 Notwithstanding procedures 3.1 – 3.5 above, the Chief Executive Officer may at any time

negate part or all of this procedure and seek specific direction from Council on the action to be instigated taking into account relevant legislative requirements.

ADOPTED BY COUNCIL: 23 August 2011 REVIEWED BY COUNCIL: DATE AMENDED:

SHIRE OF CARNARVON COMPLIANCE PROGRAM

Item 1. Horticultural areas Stage 1. Consultation Process 1.1 Meeting with representatives from the Department of Agriculture and Food, and Carnarvon Growers

Association.

Agenda: 1. Introduction of program

2. Relative legislation - Town Planning, Building, Health. (Shire officers’ brief)

3. Shire of Carnarvon and owners/occupiers have a legal and moral obligation to comply with

legislation.

a) Town Planning gives assurance to owners/occupiers that their land is designated for

horticultural use, and will not be subject to encroachment for other uses.

b) Building Code of Australia gives owners/occupiers assurance that their buildings, and their

neighbours’ buildings, comply with the structural standards that apply to the Carnarvon

area. This will give legal assistance for any insurance claims related to damage to their

buildings in high wind situations; and any claims (structural or personal) caused by any

neighbours’ wind-blown debris.

c) Health related matters need compliance because in many instances it is not just the one

person affected, but may become an environmental issue that could affect many people.

Also when persons are affected by ill health they are not able to carry out their normal

work commitments and this reflects on their income and the level of financial assistance

available for the upkeep of their family and property.

4. Introduction to Stage 2. Inspection of Premises, and Stage 3. Compliance with required works.

1.2 Meeting with Plantations owners/occupiers. An explanatory brief and copy of ‘Stage 2’ and ‘Stage 3.’ to be enclosed with the monthly Carnarvon Growers Association accounts/notices as mailed to all plantation occupiers (per favour of Carnarvon Growers Association) including some written for the Vietnamese community. Meeting Venue ………………………………………………..Date/time………………………. Agenda: As per 1.1 (above) PLUS : Comments and questions from the ‘floor’. Vietnamese interpreter required at this meeting, STAGE 2. Inspection of Premises

1. Inform (phone) owner/occupier approximately 1 week prior to proposed visit.

2. Inform owner/occupier approximately 2 days prior to proposed visit.

3. Meet on site with owner/occupier for general discussion.

4. Officer carries out inspection, makes notes, take photographs as considered necessary for a

detailed report.

5. Officer discusses inspection results with owner/occupier.

6. Officer to submit a report and recommendations to the relevant shire Sections --Town planning,

Building, or Health.

7. Where there is satisfactory compliance and no matters requiring attention correspondence stating

such will be forwarded to the owner/occupier.

8. Where there are requirements these shall be notified in writing to the owner/occupier.

9. Matters deemed to be of an urgent nature may negate steps 6 and 8 as above.

STAGE 3. Compliance with Required Works

1. The owner/occupier will be given written notification of any required works and time for

completion and approval of works in accordance with council’s Policy for Compliance Procedure.

The notice will include that if aggrieved by any requirement, they have the option to appeal to

the State Administrative Tribunal within 28 days from receipt of ‘notice.’

2. Officer to make progressive inspections before required time for completion; or at any time

requested by the owner/occupier.

3. Owner/occupier to notify the relevant ‘section(s) of the shire after the requested works are

completed.

4. Officer(s) to carry out final inspection and written report as to satisfactory compliance, or

otherwise.

5. When works have been satisfactorily completed this will be recorded on the shire’s records and a

copy forwarded to the owner/occupier.

6. When works have not been completed to compliance standards and the inspecting officer is of

the opinion that the circumstances indicate that there is a lack of commitment by the

owner/occupier; then the matter may be referred to the relevant officer(s), or council, for their

deliberation on further action or prosecution.

Item 2. Caravan Parks and Camping Grounds STAGE 1. Consultation Process

1. Meeting to be held with proprietors of caravan parks and camping grounds. (Separate meeting may be arranged with proprietors of caravan parks situated at Coral Bay and isolated coastal areas.)

2. Meeting venue……………………………………………………….. time………………………………..

Agenda: a) Introduction of program.

b) Reasons for the need of the compliance program.:

c) Legislation : Caravan Parks and Camping Grounds Act 1995, and Caravan Parks and Camping

Grounds Regulations 1997. The Shire of Carnarvon and ‘park’ proprietors have an obligation to

comply with the provisions of State legislation.

d) Comments of the Economics and Industry Standing Committee Report of 2009 reflects badly on

the shire and proprietors; and indicates that general up-grading is needed.

e) Compliance is required so that the ‘Objects’ of the Act are met ;

“The objects of this Act are – i. To provide for the licensing of caravan parks and camping grounds;

ii. To regulate caravanning and camping;

iii. To improve and promote caravanning and camping;

iv. To ensure that the design and layout of land used for caravan parks and camping

grounds and the provision and availability of amenities and services meet the desirable

standards; and

v. To ensure that the standards of caravans and annexes in caravan parks are adequate

to protect the health and safety of the occupiers.”

f) Questions and comments from proprietors.

STAGE 2. Inspection of Premises. Inspections will be carried out during the peak occupancy period of June, July, and August 2012.

1. Proprietors will be given notice (phone) 1—2 days prior to proposed inspections.

2. Officers will make inspections, take notes and photographs as considered necessary for reports.

3. Officer will discuss general items of concern with the proprietor.

4. Officer to submit a report and recommendations to the relevant sections of the shire ---Town

Planning, Building, or Health.

5. Where there is satisfactory compliance and no matters requiring attention correspondence stating

such will be forwarded to the proprietor.

6. Where there are requirements these will be notified in writing to the proprietor.

7. Matters deemed to be of an urgent nature may negate the previous steps 4 and 6 as above.

STAGE 3. Compliance with Required Works.

1. The Proprietor will be given notice of required works and time for completion in accordance with

council’s Policy for Compliance Procedure, including the option to appeal to the State

Administrative Tribunal within 28 days;

2. Officer to carry out progressive inspections before the required completion time; or, inspections as

requested by the proprietor.

3. Officer to carry out final inspection after the required completion time and submit report to the

Town Planning, Building, or Health ‘sections’ as to compliance with council’s requirements.

4. When the works have been completed to compliance standards, this will be stated on council’s

records and a copy forwarded to the proprietor.

5. When works have not been completed to approval and the officer is of the opinion that the

circumstances indicate a lack of commitment by the proprietor then the matter will be referred to

the relevant officer(s) for their attention, or for submission to council for their determination on

further action or prosecution.

Item 3. Unlawful Habitation and Unlawful Buildings STAGE 1. Consultation Process 1.1 Meeting with Stakeholders: Venue…………………………………………………………………..Date/ time……………………………………….. Representatives from the Chamber of Commerce, Department of Child Protection, Department of Housing, Aboriginal Congress, Aboriginal Cultural Centre. Agenda:

1. Introduction and reasons for the compliance program.

2. Legislative requirements relating to Town Planning, Building Code of Australia, Health Act,; and,

Local Laws.( Council officers to give brief on legislation)

3. Obligation of Shire of Carnarvon and residents to comply with the provisions of State legislation.

4. Introduce Stage 2, inspections.

5. Introduce Stage 3, compliance with requirements.

6. Introduce ‘permitted habitation’ Caravans/camps, caretaker, ancillary accommodation.

7. Comments and questions.

1.2 Public Meeting Venue………………………………………………………. Date/Time…………………………….. Agenda : ( As per 1.1 above.) STAGE 2. Inspections

1. Shire officers will inspect all buildings that are suspected of being built or added to without shire

approval; and/or being used for unlawful habitation.

2. Shire officer’s ‘Authority Card’ will be shown to residents at the time of inspection.

3. Advertisements in the Northern Guardian newspaper, and/or over the local radio station will inform

the public of areas and time periods of proposed inspections.

4. The timing of inspections shall be as mutually agreed between the owner/occupier and the

inspecting officer; but where no mutual time can be established, the officer will state the proposed

time for the inspection.

5. Where possible the officer will have general discussion with the owner/occupier before the

inspection begins.

6. The officer will make inspections, make notes, take photographs as considered necessary to make a

detailed report.

7. After the inspection the officer will discuss any items of concern with the owner/occupier.

8. A report and recommendations related to each premises will be submitted to the relevant officer(s)

(Town Planning, Building, Health) for their consideration.

9. Where there is satisfactory compliance the owner/occupier will be notified in writing, and a copy

filed on council’s records.

10. Where there are items that need attention these will be detailed in writing to the owner/occupier.

STAGE 3. Compliance with Requirements 1. The Shire of Carnarvon will give the owner/occupier written notice of any required works and the

time for completion of those works in accordance with council’s Policy for Compliance Procedure,

including the provision for appeal to the State Arbitration Tribunal within 28 days.

2. Officers will make progressive inspections at any time, or as requested by the owner/occupier.

3. When the required works are completed the owner/occupier will inform the relative officer(s), and

request a time for a final inspection.

4. When the works have been approved to compliance standards, this shall be stated on council’s

records, and a copy forwarded to the owner/occupier.

5. When the works have not been completed to compliance standards within the required time and

the officer is of the opinion that circumstances indicate a possible lack of commitment by the

owner/occupier, then the matter will be referred to the relevant officer(s) for attention; or, for

submission to council for their determination on further action or prosecution.

SHIRE OF CARNARVON COMPLIANCE PROGRAM

Table of Proposed Times Commencement and Completion of Works

ITEM SUBJECT COMMENCEMENT COMPLETION

1 Horticultural Areas Consultation with stakeholder Consultation with owners/occupiers Inspection of Premises Required Works

March 2012 April 2012 April 2012 June 2012

March 2012 April 2012 October 2012 March 2013

2 Caravan Parks and Camping Grounds Consultation with stakeholder Consultation with owners/occupiers Inspection of Premises Required Works

April 2012 April 2012 June 2012 October 2012

April 2012 April 2012 Early August 2012 May 2013

3 Unlawful Habitation and Unlawful Buildings Consultation with stakeholder Consultation with Residents (Public Meeting) Inspection of Premises Required Works

November 2012 November 2012 January 2013 February 2013

November 2012 November 2012 June 2013 December 2013

8.3.3 DEVELOPMENT SERVICES REPORT 8.3.3.7 OVERALL DEVELOPMENT PLAN – LOT 1, 54 AND 68 ROBINSON STREET CORAL BAY File No A2294 Location/Address Lots 1, 54, 68 and 501 Robinson Street Coral Bay Name of Applicant TPG Town Planning, Heritage & Urban Design for the Aspen Group Author Marius Shepherd – Planning Officer Financial Interest Nil Date of Report 26 June 2012 Summary This report relates to the submission of an Overall Development Plan (ODP) from TPG Town Planning, Heritage & Urban Design for consideration by Council before an application for development is lodged. This ODP follows on a previous request to amend the District Zoning Scheme No. 11 by removing Lot 54 and portions of Lots 68 and 501 from the ‘Foreshore Protection Precinct’ and placing it into the ‘Tourism Precinct’. The ODP follows on the approval of said Scheme amendment, as the development proposal will be of no value in case of failure to amend the Scheme. The staff recommendation supports the ODP that would allow the expansion of the Ningaloo Reef Resort, anticipating a future application for amalgamation and formal development of the properties. The proposed development will include a hotel & tavern, forecourt, sheltered recreation, accommodation, entry area and access as well as a new car park (ODP map included as Figure 6 to this report). Background The subject site is located on the western most edge of the Coral bay town site and currently gains access from Robinson Street. Coral Bay itself is located approximately 1200km north of Perth and 140km south of Exmouth. The Ningaloo Reef is Coral Bay’s main attraction and is a world heritage listed site attracting many local and international tourists annually. It is a small settlement consisting of mostly holiday homes and temporary accommodation, the majority of it being owned by four main landowners. It also has a small commercial area focusing on convenience goods, gifts and tourist activities. The Ningaloo Reef is protected by the Ningaloo Marine Park, which covers a total area of 5070km² and contains hundreds of species of coral, reef fish and other reef plants and animals. As a result Coral Bay is a very popular diving and snorkeling site and has an undisputable tourism value for the region. The Resort taps into this demand, and has reached economic maturity with its current size and form, and is looking to expand onto the subject sites. The proposed development will only have vehicular access from the south via Banksia Drive, as the northern side will have an interactive pedestrian frontage via Robinson Street, which is set to become a pedestrian mall according to the Settlement Plan and Foreshore management Plan. Pertinent to this application the Council in May 2011 adopted the draft Coral Bay Access Study (July 2009) that advocates the future pedestrianisation of Robinson Street (and direct access to the redevelopment of Lot 1 from Banksia Drive to the south). From there, access to the main buildings will be through a forecourt, which will include landscaping and seating areas for patrons. An additional landscaping area will also be provided that includes an attractive green grotto. None of these features include substantial structures so it is located within the recommended coastal setback. The Hotel and Tavern Area will serve the whole of the Coral Bay town site, and will contain the main entrance to the resort. This is envisaged to be a prominent striking building and future landmark, at a

proposed three stories high. It will maximize views to the beach, and benefit from its proximity to the car park yet form a buffer between the car park and the accommodation areas. Just south of the Hotel and Tavern will be the ‘Entry’ area, containing lobby and reception areas, constructed in such a way that the arriving visitors can still see through the building the natural beauty of bills Bay. To the east of the Hotel is a sheltered Recreation area, which will include a pool and grassed areas of relaxation sheltered from the often windy prevailing breeze. In the eastern and southern section of the site the Accommodation areas will be developed. The accommodation buildings will be broken up in separate buildings, to minimize potential impact from the three storey height the central building will have. This proposed accommodation will provide a fraction of the potential 1,752 beds still available in Coral Bay (according to the current Coral bay Settlement Plan which presents a limit of 3,600 overnight beds for Coral Bay). Site Description & Tenure details The site is located on the western most edge of the Coral bay town site, approximately 70m from the coastline to the north and 110m from the coastline to the west. Lot 1 contains the Ningaloo Reef Resort (to be redeveloped by this and a following application), Lot 54 contains a house which was subject to a lease and Lot 68 contains a sewerage pumping station pumping sewerage from Coral Bay to the wastewater treatment ponds. The portion of Lot 501 located within the subject site is vacant and unused at the moment. An understanding of the location of the subject site is afforded through Figure 1 below while Figures 2 and 3 illustrates the said land parcels applicable to this application. There are no significant flora species on the site and it is predominantly coastal heath, but the subject site is significantly degraded by weed species and human activity. The topography of the site is fairly uniform, ranging from 1,6m AHD at Robinson Street to the north to 7,3m AHD at the base of the dunes to the south. There is, however, a dominant embankment on the boundary between Lot 1 (the lower) and Lot 10 (the higher) to the east that is approximately 3m high, which does have a noticeable impact on the development design possibilities of the site. Aspen, the owner of Lot 1, is currently in negotiations with the Crown (State Land Services) to purchase or lease lots 54 and 68 to allow for the extension of the resort. It is expected that the future development application will include an application for amalgamation of the different portions. It should be noted at this point that there is an easement (DP68277) over Lot 68 to get access to the sewerage pumping station from Robinson Street. A small, 2m-wide strip of the easement will be left once the subject site is created, but it will become redundant once a road reserve has been created and the car park and Banksia Drive extension has been constructed.

Figure 1: Locality Map of the subject site (Ningaloo Reef Resort)

Figure2: Aerial imagery showing subject properties: Lots 1, 54, portion of 68 and portion of 501.

Figure 3: Cadastral Map showing subject properties: Lots 1, 54, portion of 68 and portion of 501.

Statutory Environment The subject land falls under the jurisdiction of the Shire of Carnarvon District Zoning Scheme No.11, is zoned ‘Coral Bay Settlement’ and is located within the ‘Tourist Precinct’ of the Coral Bay Precinct Plan included as Schedule 5 of the District Zoning Scheme. Within the ‘Tourism Precinct’ a “Tourist Resort” is an AA use, meaning Council may approve that use at its own discretion. Section 5.3.2.1 of the District Zoning Scheme No. 11 further states that before considering any proposal for development or expansion of existing development within a Coastal Policy Area, Council will require the applicant to submit a comprehensive Overall Development Plan (ODP). This ODP should address eleven

relevant matters. In summary, Table 1 below indicates how the subject ODP has addressed these matters:

No. Relevant Matter How it was addressed

1 Impact of the proposed development on the coastal environment.

Commissioned EIA report by Strategen; insignificant environmental impact expected. Mitigation and management measures proposed.

2 Access to the beach – construction and maintenance

No new access proposed; existing ones only. Limited in order to rehabilitate current beach path proliferation. Construction of Banksia Drive and conversion of Robinson Street to pedestrian walkway vital for this.

3 Ongoing Coastal management programmes

Aspen as owner responsible i.t.o. Foreshore Management Plan.

4 Anticipated ultimate layout of buildings and infrastructure

Preliminary design sketch submitted indicating layout of proposed buildings and access roads and parking.

5 Servicing – provision and funding

Current infrastructure deemed adequate, any upgrades to be addressed at detail design phase. Irrigation water, potable water, sewer and electricity all considered adequately provided at the moment. Aspen in negotiations with various parties over construction cost of Banksia Drive. No mention of refuse removal.

6 Tenure arrangements Ownership stays with Aspen, discussions with Crown for purchase or lease of additional portions ongoing.

7 Relationship with other management plans or policies

Sufficiently referred to and complied with nine different management and policy documents.

8 Building type/theme and construction materials

Adequately addressed; high quality design and materials promised. Relaxation of height restriction to 12m proposed however.

9 Aboriginal sites (if relevant ) No Aboriginal heritage sites found within the subject site. Part of Gnulli Native Title Claim (administered by Yamatji Marlpa and Baiyungu Aboriginal Corporations). Negotiations proposed before construction work, planning process seen as separate from compliance with Native Title regime.

10 Description of existing environmental characteristics and general site conditions

Comprehensively described.

11 Impact on World Heritage Areas

Commissioned EIA report by Strategen; insignificant impact on Ningaloo Reef expected. Mitigation and management measures proposed.

Table 1: ODP addressing relevant matters i.t.o. District Scheme No. 11

Vehicle access and a proposed new car park received due attention in the ODP, citing that the car park should:

Cater for a wide range of vehicles including cars, cars with caravans and trailers, busses and trucks.

The sewerage pumping station should be protected in the car park design.

The car park should have minimum impact on coastal dunes.

Car park to be designed to integrate with adjoining development with minimum hard surfaces. Unfortunately, the Scheme does not provide parking provision standards for the ‘Tourism Precinct’ or for the use “Tourist Resort”, but every effort will be made to supply sufficient parking without over supply and respecting environmental constraints.

Figure 4: Proposed alignment of Banksia Drive i.t.o Coral bay Access Study July 2009

Verbal and email endorsement of the ODP application has been received from State Land Services in consideration of a pending land exchange with part Lot 1 being incorporated into the Banksia Road Reserve with Lot 54 and Part of Lot 68 to be amalgamated into Lot 1. Policy Implications Nil Financial Implications The Shire will receive $1,375 in fees for the Overall Development Plan lodgment. The estimated external costs for processing the ODP will be approximately $825 for advertising should the Council support this application. Strategic Implications The proposed ODP accords with the following Shire goals and desired outcomes as expressed in the Carnarvon Strategic Community Plan 2011:

Objective 1: A DEVELOPING REGIONAL ECONOMIC BASE AND INCREASED EMPLOYMENT SUPPORTED BY STRONG BUSINESS ENTERPRISES AND A GROWING POPULATION

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

1.1.5 Identify and further develop new tourism attractions and facilities.

Outcome 1.7 An economy that is based on the Shire's distinct characteristics, regional advantages and natural qualities.

1.7.7 Support and promote eco-tourism.

Table 2: ODP in line with Carnarvon Strategic Community Plan 2011 In terms of other Strategic documents, the following table summarizes the relevance to the proposed amendment:

STRATEGIC DOCUMENT

MOST RELEVANT ELEMENTS

State Planning Strategy 1997

Promote environmental responsible tourist operations in or near conservation areas in the region

Protect significant environmental areas such as those adjoining the Shark Bay and Ningaloo marine parks

Implement Gascoyne Regional Economic Development Strategy

Gascoyne Regional Development Plan 2010 - 2020

Attractions and services to satisfy diverse profiles of tourists including intrastate, retired sun-seekers, backpackers, high-spenders, families, interstate and international visitors

The Gascoyne Region is a major tourism destination with an established image/brand

Provision of a wider range of accommodation options, including more high quality resort style developments

Ningaloo Coast Regional Strategy Carnarvon to Exmouth

Need for the location of small scale low impact managed tourist nodes along the coast

Need for the provision of sustainable tourism developments in serviced areas

Provide for opportunities for a range of accommodation types

Coral Bay Settlement Plan

Subject site currently indicated suitable for day use car parking

Adjacent Lot 1 indicated for hotel/tourist accommodation

Foreshore reserve indicated on ocean side of access road

DEC Foreshore Management Plan

Robinson Street to be ‘downgraded’ to parkland path

Proposed road and car park in same location as application proposal

Subject site does not form part of foreshore plan and appears as part of town site

Table 3: Compliance of ODP i.t.o. relevant Strategic Documents

Voting Requirements Simple majority. Comment The subject site (and actually the entire Coral Bay Town site) is zoned “Coral Bay Settlement” and falls

within the Ningaloo Policy Area. The Shire of Carnarvon District Zoning Scheme No. 11 further divides the

Coral bay Settlement Zone into a number of planning precincts, each with its own development

requirements. The subject site will be located within the ‘Tourism Precinct’ after the recent Scheme

Amendment 9 has been finalized.

Table 1 of the Scheme (Zoning Table) stipulates the land uses permitted in the different zones, and refers

the reader to Section 3.5 of the Scheme with regard to all matters pertaining to land uses in the Coral Bay

Settlement Zone.

Section 3.5.2.1 of the Scheme clearly outlines the goal of the ‘Tourism Precinct’:

“To promote development of a variety of short stay accommodation facilities and

associated amenities which are consistent with the overall theme and scale of

Coral Bay.”

In addition to complying with the general goal, the ODP should also be in line with the various directives

and requirements, such as:

3.5.1 v) No development shall be permitted within the Coral Bay Settlement Zone without

connection to both a public water supply and public effluent disposal facility to the satisfaction of

the Council and the Health Department of Western Australia.

3.5.1 xi) No building within the Coral Bay Settlement Zone shall exceed 9 metres in height above

natural ground level.

3.5.1 xv) Where any development or redevelopment abuts the proposed extension of Banksia

Road, Council shall require the applicant to undertake appropriate landscaping treatment along the

Banksia Road Reserve frontage to the satisfaction of Council.

Notwithstanding these directives, Council has the authority to modify any directive or requirement at its

own discretion in terms of Section 5.2 of the Scheme, which reads:

“If a development, the subject of an application for Planning Consent, does not comply with a standard

or requirement prescribed by the Scheme with respect to that development the Council may,

notwithstanding that non-compliance, approve the application unconditionally or subject to such

conditions as the Council sees fit. The power conferred by this clause may only be exercised if the

Council is satisfied that;

(a) Approval of the proposed development would be consistent with the orderly and proper

planning of the locality and the preservation of the amenities of the locality.

(b) The non-compliance will not have any adverse effect upon the occupiers or users of the

development or the inhabitants of the locality or upon the likely future development of the

locality; and

(c) The spirit and purpose of the requirement or standard will not be unreasonably departed

from thereby.”

With this in mind, the proposal to relax the height restriction from 9m to 12m should be considered by

Council. The ODP motivates for the relaxation, which, in summary, comes down to the following:

There is a considerable height difference between the subject property and the neighbour to the

east of 3m, meaning that the additional 3m would make no real difference to a situation where the

land was flat.

The neighbouring property still has lines of sight to the Bay and would not be impacted, aided by

the design of the 3 storey buildings in separate building with open view and breeze path between

them as opposed to one large single building.

The proposed height increase would only be to some of the buildings, and in a staggered manner,

so as to minimize the visual impact and overall bulk of structures on the subject property.

The proposed additional height is set back over 50m from Robinson Street and a significant

distance from the Banksia Drive extension, providing space for high quality landscaping.

The shape of the property necessitates an amended approach to the design in order to fit the

required amount of accommodation while still maintaining an open and dispersed form.

The additional height will allow for views of the coast and Bills Bay to be maximized from within the

ODP area, also allowing the building to be designed with an “iconic roof” and become a landmark in

Coral Bay, using the perfect location of the site to its full potential.

Figure 5: Artist impression of the proposed landmark.

It has to be stressed that the subject property is absolutely perfectly located for this use, and this sort of

landmark development. Coral Bay in itself is a remarkable location of natural coastal beauty and an

extremely popular tourism destination with its idyllic beaches and coral reef. The subject site, furthermore,

is located at the heart of all this beauty and potential: at the westernmost point, closest to the ocean. It will

be at the end of the Robinson Street pedestrian walkway and at the end of Banksia Drive, both of which

draw people towards the beach. The proposed development will therefore form “the destination”, the end

of the road when the tourist finally reaches the ultimate destination. It is only fitting that this site should

therefore be developed to maximum potential, to become a landmark and an icon of Coral Bay.

In terms of environmental impact, Strategen was appointed to conduct an assessment of the subject area

and surrounds, and to assess any possible environmental impact the proposed development might have.

Their report may be provided to Councilors on request. In summary, the report states that the subject site

already has surface disturbance, especially on the northern parts adjacent to the car park and Robinson

Street. Vegetation is largely degraded with buffalo grass being widespread and Kapock bush fringing the

roads. It was however noted that the Ningaloo Reef has high conservation value which attracts significant

fauna species, and it is recommended that all disturbance associated with the rezoning and development of

the site be contained within the immediate development area.

The report also found that, although there are some important fauna and flora on site, they are well

represented within the local and regional area and that the impact of the development will not be

significant. It is important to note that the surrounding environment has already been substantially

impacted by human activity and development; hence the proposed development is not expected to

significantly impact on the existing environmental values of the surrounding environment.

Figure 6: Overall Development Plan

Figure 7: Facilities Concept Plan

From the above figures it is apparent that detail consideration has been given to the design of the proposed

development already. Care has been taken to put buildings sufficiently behind the coastal physical

processes setback line, vehicular access from Banksia Drive only with additional on-site parking and

sufficient open spaces are provided including landscaping, recreation and a forecourt. Accommodation

blocks are broken up as motivated earlier, with different view lines to the dunes, gardens and ocean

respectively. The prominent element, being the hotel and restaurant/tavern building, sits appropriately

nearest the shore, forming the pivotal point in the development.

In anticipation of the comprehensive land development application to follow, it is recommended that the

ODP be approved.

OFFICER’S RECOMMENDATION That Council resolve:

1. pursuant to Section 5.3.2 of the Shire of Carnarvon District Zoning Scheme No. 11 to: (a) endorse the ‘Ningaloo Reef Resort Overall Development Plan’ for Lots 1, 54, 68 and 501 Coral

Bay; and

(b) proceed to advertise the Overall Development Plan for a period of not less than 30 days that includes placement of an advertisement in the Northern Guardian, erection of a notice in the Shire Office, placement of the sign on-site and the posting of notices to affected parties including relevant government agencies, the Coral Bay Progress Association and prominent landowners in Coral Bay.

2. To inform the Aspen Group that application for Development Approval will not be favourably

entertained until the Land Exchange arrangements has been finalised with the Department of Regional Development and Lands (State Land Services).

……………………………………..(Author) …………………………………(Manager/CEO)

SCHEDULE 8.3.3.7(i) REQUEST FOR ODP APPROVAL