part a - city of bunbury and building/5.1... · 1.4 relationship with local laws 1.4.1 this local...

City of Bunbury page 1 of 31

Policy Title: DRAFT Local Planning Policy:

East Bunbury Heritage Area

Policy No.: 5.1

Previous Policy (No.): Stirling Street Heritage Area (No. 61)

Date Adopted: 18 February 2003 (Council Decision no. 47/03)

Date Last Reviewed: 26 February 2008 (Council Decision no. 29/08)

Legal Parent: Planning and Development Act 2005

Legal Subsidiary: City of Bunbury Town Planning Scheme No. 7, Part 2 – Local Planning Policy Framework.

PART A 1 PRELIMINARY 1.1 Citation

This Local Planning Policy is made pursuant to the provisions of ‘Division 2 – Local planning policies’ under ‘Part 2 – Local planning framework’ of ‘Schedule 2 – Deemed provisions for local planning schemes’ of the Planning and Development (Local Planning Schemes) Regulations 2015, and may be cited as Local Planning Policy: East Bunbury Heritage Area (herein referred to as the ‘Local Planning Policy’).

1.2 Commencement

This Local Planning Policy was adopted by the Council of the City of Bunbury (the “City”) on 18 February 2003. The reviewed Local Planning Policy commenced operation on DAY MONTH YEAR.

1.3 Relationship to the Scheme and other Local Planning Policies 1.3.1 Pursuant to the provisions of ‘Division 2 – Local planning policies’ under ‘Part 2 – Local

planning framework’ of ‘Schedule2 – Deemed provisions for local planning schemes’ of the Planning and Development (Local Planning Schemes) Regulations 2015, this Local Planning Policy supplements the provisions of the Local Planning Scheme. Where a provision of this Local Planning Policy is inconsistent with the Scheme, the Scheme prevails.

1.3.2 The East Bunbury Heritage Area is designated pursuant to section 7.2 of the Scheme, and

this policy has been prepared in accordance with the provisions of that section. 1.3.3 Where a provision of this Local Planning Policy is inconsistent with another adopted Local

Planning Policy that relates to a designated area, then the provisions of the Local Planning Policy that relate to design guidelines for a designated area shall prevail.

DRAFT Local Planning Policy: East Bunbury Heritage Area


1.3.4 The provisions of this Local Planning Policy comprises of the Policy Text and Policy Map. The Local Planning Policy is to be read in conjunction with the Scheme.

Notes: 1. Land use and development within the Local Planning Policy Area is also subject to the Local Planning Scheme.

2. It should be noted that other relevant Local Planning Policies that pertain to cultural heritage matters may apply to the consideration of applications for planning approval within the East Bunbury Heritage Area (the “Heritage Area”).

3. A Local Planning Policy is not part of the Scheme and does not bind the local government in respect of any application for planning approval but the local government is to have due regard to the provisions of the Policy and the objectives which the Policy is designed to achieve before making its determination.

1.4 Relationship with Local Laws 1.4.1 This Local Planning Policy operates in conjunction with the local government’s Local Laws in

the regulation of development and the use of land within the Scheme Area. 1.4.2 Where a provision of the Local Planning Policy is inconsistent with a Local Law, the

provision of the Local Law shall prevail. 2 PURPOSE

2.1 The purpose of the Local Planning Policy is to ensure that the preparation and assessment

of applications for planning approval for the development of land in the East Bunbury Heritage Area achieve the objectives of the policy in an accountable, comparable and consistent manner.

2.2 The intent of the Local Planning Policy is to provide guidance to landowners and the local

government in preparing and assessing applications for planning approval within the East Bunbury Heritage Area.

2.3 This Local Planning Policy augments the development requirements (Deemed-to-comply

and Design principles) of State Planning Policy 3.1: Residential Design Codes (Residential Design Codes or R-Codes), in order to ensure consistency between State and Local Planning Policy approaches in conserving the character and amenity of the East Bunbury Heritage Area.

2.4 This Local Planning Policy augments the principles of sound and responsible planning for

the conservation and protection of Western Australia’s historic heritage set out in State Planning Policy 3.5: Historic Heritage Conservation, in order to ensure consistency between State and Local Planning Policy approaches in conserving heritage places.

3 OBJECTIVES

In accordance with the Aims of the Scheme, land use and development should achieve the following outcomes for historic heritage conservation in the East Bunbury Heritage Area -

(a) to conserve existing buildings identified as making an “Exceptional”, “Considerable” or “Moderate/Some” contribution to the cultural heritage significance and character of the East Bunbury Heritage Area (herein referred to as the “Heritage Area”).



Refer to the Schedule of Places that Contribute to the Significance of the East Bunbury Heritage Area;

(b) to encourage new building developments, including alterations or additions to existing buildings, that are sympathetic to, and maintain the integrity of, the East Bunbury Heritage Area’s cultural heritage significance, its established character and visual amenity;

(c) to enable the East Bunbury Heritage Area to develop as a residential neighbourhood in a manner that retains its character and cultural heritage significance in making a considerable contribution to the cultural heritage values of the local government area; and

(d) to conserve the cultural significance of the East Bunbury Heritage Area which is significant for the following reasons:

the area comprises a high concentration of single residential buildings from the late nineteenth to mid twentieth century that includes a mix of upper, middle and working class homes together with some individually significant places, including the State Government Infants School (1917), the Residency (1896) and the Mill Store and Residence (1897);

the area contains a rare and highly intact collection of timber framed and clad cottages, including railway workers’ homes from the late nineteenth and mid twentieth century;

the area contains a number of examples of attached cottages, of both masonry and timber construction;

the area comprises highly intact streetscapes of heritage buildings of similar form and scale that are broadly unified as examples ranging from Federation Queen Anne, to modest homes in the vernacular style typical of railway or wharf workers’ homes from the early to mid twentieth century;

historically the area represents the development of a part of Captain James Stirling’s Leschenault Location 26, resulting from the expansion of residential development to the east of the Bunbury town centre following the relocation of the railway in 1893;

the aesthetic character of the area results from the irregular pattern of streets influenced by the alignment of the Blair Street former railway reserve to the west and the Leschenault Inlet to the north. This has led in some locations (e.g., Ednie Street, the northern section of Charles Street and part of Moore Street) to an unusual ‘saw tooth’ arrangement of timber cottages; which is rare, if not unique, in a West Australian residential context; and

the work of the National Trust of Australia (WA) from the 1970s, and subsequently the local government area, to document and protect the significance of the area demonstrates the social importance of the area in providing a sense of place and history in the context of the contemporary City of Bunbury.

4 LOCAL PLANNING POLICY AREA 4.1 This Local Planning Policy applies to all land within the East Bunbury Heritage Area of the

local government area.



4.2 The boundaries of the Local Planning Policy Area incorporates that area referred to as the East Bunbury Heritage Area, as defined by Map 1: East Bunbury Heritage Area.

Note: Refer to East Bunbury Heritage Area Study document for further information regarding the background and context that informed the policy review.

5 APPLICATION 5.1 The provisions of this Local Planning Policy apply to all development and/or use of premises

in the Local Planning Policy Area where indicated as permitted or discretionary land uses under the Zoning Table of the Scheme and/or where proposed development is considered incidental to a permitted use/development within the zone provisions of the Scheme as determined by the local government.

5.2 Subject to Part 7 – Local Planning Framework of the Residential Design Codes, the

provisions of this Local Planning Policy augment the codes by providing additional Performance Criteria (Design principles) and Deemed-to-Comply provisions for aspects related to heritage and character.

5.3 Subject to the Scheme, development and use of land within the East Bunbury Heritage Area

for the purposes of historic heritage conservation shall be in accordance with the standards and requirements of this Local Planning Policy; and except as otherwise provided, shall require the prior planning approval of the local government in accordance with the provisions of the Scheme.

5.4 In considering an application for planning approval where a variation is proposed to one or

more Acceptable Development requirements prescribed under the Residential Design Codes and/or this Local Planning Policy, the local government may require the submission of a Development Impact Statement (Heritage & Character), which has been undertaken by a suitably qualified and experienced heritage professional, at the applicant’s expense, to the satisfaction of the local government as part of any application for planning approval.

Notes 1. The Heritage of Western Australia Act 1990 requires the local government to seek the advice of the Heritage Council of Western Australia when considering an application for planning approval affecting a place entered on the State Register of Heritage Places.

Planning applications for a place entered on the State Register of Heritage Places shall be referred by the local government to the Heritage Council of Western Australia. In addition, nearby development that is considered by the local government to have the potential to impact on a State Registered Heritage place may be referred by the local government to the Heritage Council of Western Australia. The local government will determine the application in accordance with the advice provided by the Heritage Council of Western Australia and in these cases additional conditions may be applied in order to achieve an appropriate conservation outcome.

2. Local Planning Policy: Development Assessment Process for Heritage Places applies to the East Bunbury Heritage Area.

3. Section 11 of this Local Planning Policy sets out terms of reference for a Development Impact Statement (Heritage & Character).



6 EXEMPTIONS FROM PLANNING APPROVAL Except where provided for within the provisions of the Residential Design Codes and subject to compliance with the relevant development requirements and standards of the Scheme, there are no other exemptions or exclusions permitted under the Scheme.

7 MEANING OF TERMS 7.1 Unless the context otherwise requires, words and expressions used in this Local Planning

Policy have the same meaning as they have -

(a) in the Planning and Development Act 2005; or

(b) if they are not defined in that Act -

i. in the Greater Bunbury Region Scheme (GBRS); or

ii. in the Dictionary of Defined Words and Expressions in Schedule 1 of the City of Bunbury Town Planning Scheme No. 7; or

iii. in the Residential Design Codes; or

iv. Building Code of Australia; or

v. in a relevant Australian Standard; or

(c) Heritage of Western Australia Act 1990. 7.2 The meaning of other specific words and expressions relevant to this Local Planning Policy

are given below: “Adaptation” means modifying a place to suit an existing use or a proposed use. “Archival Record” means a document containing drawings, photographs and written

information prepared in order to record the state of a place at a given time, usually prior to demolition or major change.

“Averaged building line” for the purposes of this Local Planning Policy the term “averaged

building line” shall mean the average of multiple building lines on a lot as measured from the front boundary.

“Building” for the purposes of this Local Planning Policy the term “building” shall have the

same meaning as given in the Heritage of Western Australia Act 1990.

Notes: 1. The two statutory definitions for a “building” are differing in so far as the Residential Design Codes exclude fences, pergolas and swimming pools; whereas the Heritage of Western Australia Act 1990 specifically includes all structures due to their potential cultural heritage significance. Therefore, developments involving such things as fences and pergolas that normally would not be relevant to the assessment of a dwelling must be a consideration in a Heritage Area. The reliance upon the Act’s definition of a building by this Local Planning Policy does not affect the operation of the Residential Design Codes, but merely ensures proper consideration of fencing and other ancillary structures as part of the assessment of all development within the Policy Area.



2. Under the Residential Design Codes the term “building” means “any structure whether fixed or movable, temporary or permanent, placed or erected on land, and the term includes dwellings and structures appurtenant to dwellings such as carports, garages, verandahs, patios, outbuildings and retaining walls, but excludes boundary fences, pergolas and swimming pools.”

3. Under the Heritage of Western Australia Act 1990 the term “building” means “in relation to any land, includes any structure erected or placed on or in that land, and any part of the building or fence or other appurtenance to the building.”

4. For the purposes of this Local Planning Policy the terms “building” and “dwelling” are used interchangeably. Therefore, the Policy applies equally to the development of residential dwellings and other buildings that are used for non-residential purposes.

“Building front setback” means the distance between the front boundary of the lot and the

front of a building on the site. Sometimes there is a minimum setback requirement which is the minimum setback allowed for a building in a street or particular location.

“Building line” means the line formed by the front wall of the building facing the primary

street of a lot. “Burra Charter” means the Australian chapter of the International Council of Monuments

and Sites (ICOMOS) Charter for the conservation of places of cultural significance. The Charter has been generally accepted as the standard for heritage practitioners in Australia.

“Conservation” has meaning as that given in the Heritage of Western Australia Act 1990.

Note: Under the Heritage of Western Australia Act 1990 the term “Conservation” means all the processes of looking after a place so as to retain its cultural significance. It includes maintenance and may, according to circumstances, include preservation, restoration, reconstruction and adaptation. Conservation will commonly involve a combination of more than one of these.”

“Conservation Plan” means a document that details how to identify and look after the

significant cultural values of a place. Its preparation involves a systematic way of considering, recording and monitoring actions and decisions relating to all aspects of managing a place. The Heritage Council of WA provides guidelines for the preparation of Conservation Plans to ensure that all important matters are considered.

“Cultural Heritage Significance” has meaning as that given in the Heritage of Western

Australia Act 1990.

Note: “Cultural Heritage Significance” means the aesthetic, historic, social and scientific values of a place for past, present or future generations (Heritage of Western Australia Act 1990)

“Contributory Building” means a building that has been included in the Schedule of Places

that Contribute to the Significance of the East Bunbury Heritage Area.



“Heritage Agreement” means a contract under section 29 of the Heritage of Western Australia Act 1990 (the “Act”) which is undertaken on a voluntary basis by the owners of a heritage place. The agreement binds current and successive owners to a set of conservation conditions and may provide compensating benefits in some circumstances. Essentially, the purpose of a Heritage Agreement is to secure the long-term conservation of a heritage place. A Heritage Agreement runs with the land and is confirmed through a Memorial placed on the Certificate of Title.

“Heritage Assessment” means a systematic assessment that describes a place and its

setting and states its significant heritage values (level of contribution) in terms of the criteria adopted by the Heritage Council of Western Australia. These criteria are the aesthetic, historic, social and scientific values of the place.

“Heritage Council of Western Australia” means the State Government’s advisory body on

heritage matters and is responsible for the State Register of Heritage Places. Under the Heritage of Western Australia Act 1990, places listed on the State Register are given legal protection. The Heritage Council provides advice to the Minister for Heritage on heritage issues, identifies and conserves places of cultural heritage significance, facilitates development that is in harmony with cultural heritage values, and promotes awareness and knowledge of cultural heritage.

“Heritage List” means a list of those places within the Scheme Area which have been

assessed as being of cultural heritage significance and worthy of conservation under the provisions of the Scheme.

The list includes those places identified as having “Exceptional”, “Considerable” or “Moderate/Some” significance in the local government Heritage Inventory.

Note: “Exceptional Significance” means that the place has been assessed as an essential part of the heritage of the local government area.

“Considerable Significance” means that the place has been assessed as a very important part of the heritage of the local government area.

“Moderate/Some Significance” means that the place has been assessed as making a positive contribution to the heritage of the local government area.

“Heritage of Western Australia Act 1990” (the “Act”) is the statutory framework for the

identification and conservation of places which have significance to the cultural heritage of Western Australia. The Act also describes the composition and powers of the Heritage Council of WA and requires local governments to prepare Municipal Heritage Inventories.

“Heritage Place” means a building, structure, landscape element, site, area of land or other

physical element valued for its cultural (or historic) heritage significance, together with associated contents and surrounds.

For the purpose of the Local Planning Policy this means those places that have been included in the Heritage List.

“Interpretation” means all the ways of presenting the significance of a heritage place.

Interpretation can include the use of colour, lighting, furnishings, historic material or signage or a combination of these to tell the story of the building or place.



“Interpretation Plan” means a document that explains the ways in which a place could be interpreted. Interpretation Plans should aim to increase both our understanding and our enjoyment of heritage places.

“Local government” means the City of Bunbury, or the Council of the City of Bunbury, as

the context requires. “National Trust of Australia (WA)” means an independent community organisation

established under the National Trust of Australia (WA) Act 1964, and is part of a world-wide movement of National Trusts. The Trust identifies and maintains a list of premises of heritage significance to the State, and is custodian of heritage assets vested in it. The Trust also has a traditional educational role in promoting community concern for, and understanding of, the State’s heritage. The Trust does not have the power to impose preventative or restrictive conditions on listed places, however it can lobby on behalf of the community for governments and interested parties to act towards this effect.

“Natural ground level” is defined by Statement of Planning Policy No. 3.1: Residential

Design Codes, means the levels on a site which precede the proposed development, excluding any site works unless approved by the decision-maker or established as part of subdivision of the land preceding development.

Note: This Statement of Planning Policy was adopted under Part 3 of the Planning and Development Act 2005 by the Western Australian Planning Commission (WAPC).

“Plot ratio area” is defined by Statement of Planning Policy No. 3.1: Residential Design

Codes, means the gross total area of all floors of buildings on a development site, including the area of any internal and external walls but not including the areas of any lift shafts, stairs or stair landings common to two or more dwellings, machinery, air conditioning and equipment rooms, space that is wholly below natural ground level, areas used exclusively for the parking of wheeled vehicles at or below natural ground level, storerooms, lobbies, bin storage areas and passageways to bin storage areas or amenities areas common to more than one dwelling, or balconies, eaves, verandahs, courtyards and roof terraces.

“Structural Condition Assessment” means a report prepared by a qualified structural

engineer that assesses the structural state of a building or element. “Surrounding development in the immediate locality” for the purposes of this Local

Planning Policy, “surrounding development in the immediate locality” means the five premises on either side of the proposed development on both sides of the street that the subject building is oriented towards. More significance will be given to development in the immediate locality that is closer to the proposed development, particularly in the case of corner lots.

“Traditional street pattern” for the purposes of this Local Planning Policy, “traditional

street pattern” means one house per lot with single storey houses facing the street. Houses are rectangular in form with pitched roofs and verandahs or porches at the front. The term also recognises traditional and local patterns of front and side setbacks.

7.3 Notes, and instructions printed in italics, are not part of the Local Planning Policy.



PART B 8 GENERAL STANDARDS FOR LAND USE & DEVELOPMENT 8.1 Land Use & Development in the East Bunbury Heritage Area

The development of land is to be in accordance with the requirements of –

(a) this Local Planning Policy: East Bunbury Heritage Area; and

(b) the Residential Design Codes for residential and mixed use developments, subject to the variations; and

(c) the applicable zone provisions under the Scheme; and

(d) relevant Special Control Area(s); and

(e) relevant Local Planning Policies or Local Laws; and

(f) applicable Australian Standards; and

(g) Burra Charter principles.

Note: Section 8 - General Standards for Land Use & Development of this Local Planning Policy sets out the prescriptive provisions by which protection/conservation of heritage & character must be provided for as part of any land use and development proposal within the Policy Area.

8.2 Works Requiring Planning Approval

All development affecting a place on the Heritage List requires planning approval, and this includes minor works such as replacement of roofing, gutters and downpipes. This is to ensure that these works do not have a negative impact on the heritage significance of the place.

Works impacting on the setting of the place, including fencing, swimming pools, and other ancillary structures, also require planning approval.

Note: Under Local Planning Policy: Application Fees for Planning Approval for Development of Heritage Places, the local government will waive planning fees for places on the Heritage List or located within a designated heritage area in the following circumstances:

Planning applications for a heritage place which would not normally require a planning application.

Planning application involving alterations and additions, which have no adverse affect on the heritage significance, associated with the heritage listed place.

Planning application involving partial demolition that has no adverse affect on the heritage significance associated with the heritage listed place.

8.3 Demolition and Removal of Significant Landscape Elements 8.3.1 Demolition of any building or place within the Local Planning Policy Area requires the

planning approval of the local government.



The local government may not approve demolition of a building within the Local Planning Policy Area until there is a planning approval granted for a new building that complies with the Local Planning Policy.

8.3.2 Application for demolition of all or part of an existing contributory building in the Local

Planning Policy Area may be required to demonstrate that the building fabric to be demolished is of little or no individual cultural heritage significance and does not contribute to the cultural heritage significance of the Heritage Area, and that demolition will not have a negative impact on any associated significant fabric. The local government may require that a comprehensive Development Impact Statement (Heritage & Character), that addresses the implications of demolition, be prepared for the local government’s consideration.

8.3.3 Demolition approval will not be considered for a contributory building on the grounds of

economic/other gain for redevelopment of the land; however the local government may consider demolition approval of a building on the grounds of structural inadequacy, as demonstrated by a suitably qualified engineer. This will need to be considered with the Development Impact Statement.

8.3.4 The local government may require that a comprehensive Structural Condition Assessment

be prepared by a suitably qualified and experienced structural engineer for the local government’s consideration if structural inadequacy is cited as a reason for demolition.

Note: It is recommended that where demolition of all or part of a building or place within the East Bunbury Heritage Area is being contemplated, the applicant first seeks the advice of the local government Heritage Officer prior to the preparation of a proposal for a new building on the site.

Clause 6.6 of State Planning Policy 3.5 Historic Heritage Conservation states that the local government may require an acceptable redevelopment proposal as a condition of a planning approval for demolition.

8.3.5 The local government may require the preparation of an Archival Record (in accordance

with the Heritage Council of WA guidelines) as a condition of planning approval for demolition.

8.3.6 The local government may require the preparation and implementation of an

Interpretation Plan as a condition of planning approval for demolition. 8.3.7 Demolition of ancillary buildings or structures that do not relate to the heritage significance

of the place will generally be acceptable. 8.3.8 Where a tree has been identified as a significant element in its own right or forms a

significant part of the setting/amenity of a heritage place, and is proposed for removal, the local government may require that a comprehensive report (demonstrating why removal is necessary) be prepared by a suitably qualified arborist.

8.4 Conservation of Existing Buildings

The protection of the historic heritage values of the local government area depends on the conservation of significant places.

8.4.1 Retention of original, significant fabric



Good conservation practice involves retaining significant building and landscape elements where possible.

8.4.2 Replacement of fabric

If part of the significant fabric has deteriorated to the point where it requires replacement, a policy of ‘like for like’ is generally recommended. However, in some cases similar, but not identical, fabric may be appropriate. Examples include existing corrugated iron roof sheeting, which in some cases may be replaced by Colorbond or zincalume sheets; or asbestos cement sheets which should be replaced with comparable sheet material that does not contain asbestos.

Note: Asbestos removal shall be carried out in accordance with WorkSafe Australia Code of Practice for the Safe Removal of Asbestos.

Within Bunbury there are some places where original fabric has been removed/replaced to the detriment of heritage values. Examples include replacement of corrugated iron roof sheeting with ‘decramastic’ roof tiles (galvanized steel pressed metal sheets that look like tiles); replacement of timber window frames with aluminium; enclosure or removal of traditional verandahs; etc. Restoration/reconstruction of places to their original or earlier form and detailing is encouraged where practicable. Where possible this should be based on evidence such as remaining traces of earlier fabric, old photographs, or comparison with other similar places.

In the event of the removal of a tree that has been identified as a significant part of a heritage place, the local government may require a replacement tree of the same species to be planted in the same or a nearby location.

8.4.3 Adaptation

It is recognised that heritage buildings often require adaptation to meet current needs and new uses.

Generally adaptation will be supported provided:

any required modifications do not substantially detract from the heritage significance of the place;

the proposed works are consistent with the provisions of this Local Planning Policy;

the proposed use(s) will not impact negatively on the amenity of the surrounding area; and

the use is consistent with the Scheme and other relevant local planning policies.

Adaptation should be carried out with the least amount of change to the significant fabric as possible.

Where possible, evidence of the original use of a building should be retained, and in some circumstances interpretation may be appropriate to help understand the former use where this is not readily apparent.



8.4.4 Internal Alterations Where any internal fabric has been identified as being of exceptional or considerable significance this should be conserved where practicable. Where the original assessment for entry in the Heritage List has not included an internal inspection the local government may require that a Development Impact Statement (Heritage & Character) that addresses the impact of internal alterations be prepared for the local government’s consideration.

8.4.5 Relocation of Buildings/Structures In the majority of cases the physical location of a place is an important part of its cultural heritage significance, therefore the relocation of a building or other component of a place on the Heritage List is unacceptable, except in the following circumstances:

this is the sole practical means of ensuring the building’s survival;

it can be demonstrated that the place already has a history of relocation and that further relocation will not diminish either the significance of the place or the cultural heritage of the local government area; or

its relocation forms part of a proposal for a new use or development on the site, and is fundamental to retention of the place on the same site.

8.4.6 Development on Neighbouring Properties

Adjacent development should not unduly detract from the significance or setting of a place on the Heritage List and the local government shall have due regard for the heritage values of a place when assessing development proposals on neighbouring properties.

8.4.7 Recording Change Where substantial modifications to a place of Exceptional or Considerable Significance are approved, the local government may require an archival record to be prepared in accordance with the Heritage Council of WA guidelines (as a condition of planning approval).

8.4.8 Interpretation Interpretation can enhance understanding and enjoyment of heritage places, particularly where the cultural heritage values are not readily apparent.

The local government may require the preparation and implementation of an Interpretation Plan as a condition of development approval in a range of circumstances, including:

proposals that will substantially impact on the heritage significance of the place, or on the public appreciation of that significance; or

changes of use for a heritage place, particularly where the original use will no longer be readily apparent.



PART C 9 LAND USE & DEVELOPMENT REQUIREMENTS

The development and use of land for the purposes of historic heritage conservation is to be in accordance with the general requirements and standards for land use and development of the Scheme, and the following development requirements of the Local Planning Policy: East Bunbury Heritage Area.

Performance Criteria Deemed-to-Comply

Notes:

1. Section 9 of this Local Planning Policy sets out the performance-based provisions by which any land use and development within the Scheme Area is regulated.

2. Pursuant to Part 4 and Part 5 of the Scheme, development must meet the following Performance Criteria.

3. Pursuant to Part 4 and Part 5 of the Scheme, development that complies with the following Deemed-to-Comply is deemed to have met the relevant Performance Criteria.

4. The Deemed-to-Comply provisions illustrate one way of meeting the associated Performance Criteria.

5. Where no Deemed-to-Comply provisions are provided, the local government may require the preparation a Development Impact Statement (Heritage & Character) that addresses the manner in which the proposal meets the relevant Performance Criteria.

9.1 Development Pattern, Lot Subdivision or Amalgamation

The East Bunbury Heritage Area is comprised of mainly single storey dwellings on single lots. There are some traditional examples of attached pairs of dwellings and one example of three attached dwellings. These dwellings are side by side and face the street.

Any amalgamation or subdivision proposals impacting on places of considerable or moderate contribution to the heritage area shall be assessed with reference to the potential impact of the subdivision/amalgamation (inclusive of future development) on the cultural heritage significance of the place.

Future development on a subdivided/amalgamated lot must fully address all other requirements of this Local Planning Policy. This applies to the lot containing the heritage place and any new vacant lots that may be created by a subdivision.

Amalgamation of lots is not encouraged, however redevelopment of previously amalgamated lots shall ensure that the established traditional street pattern in the Heritage Area is reinstated.

Within the Heritage Area retention of dwellings of considerable or moderate contribution is required and this may impact development potential. Where the policy recognises that there is little or no contribution to character, the site may be developed within the parameters of this Local Planning Policy.

Note: The local government is not a decision making authority with respect to subdivision and amalgamation. These provisions will be used to guide the local government in its assessment and recommendations to the relevant decision making authority.




Desired Development Outcomes:

Where the Residential Design Codes and Scheme allow for more than one building with the subdivision/amalgamation of the existing lot, this should only be approved where places of considerable or moderate contribution to the heritage area (inclusive of significant buildings, landscape elements etc) are retained within a setting that is appropriate to the cultural heritage values of the place.

Future development of any new lots created by subdivision/amalgamation must be capable of being achieved without negatively impacting on the significance of the heritage place. For example, the development of these lots should not:

o require the removal of significant mature trees;

o remove or unduly limit opportunities for parking in accordance with clause 9.2 of this Local Planning Policy (either directly associated with the heritage place or on a new adjacent lot);

o remove or unduly limit opportunities for sympathetic additions to the heritage place, as may be required to meet modern living requirements;

o result in adjacent new buildings or boundary fences unsympathetically intruding on the setting of the heritage place; or

o result in any adjacent new development of a scale, siting or bulk that is unsympathetic to the heritage place (for example, small lots necessitating two storey development with small setbacks adjacent to a single storey heritage place).

P1.1 Subdivision retains the established street pattern and respects the traditional subdivision layout of surrounding development in the immediate locality.

P1.2 Subdivision does not require the demolition or modification of significant fabric.

P1.3 Subdivision/amalgamation retains an appropriate physical setting and important public views to the heritage place.

This includes the retention of original garden areas, landscaping features or other features that are considered essential to the setting of the heritage place or its heritage significance.

P1.4 Subdivision will not unduly restrict opportunities for meeting the other requirements set out in this Local Planning Policy.

P1.5 Future development on any new lots created by subdivision/ amalgamation can be achieved without unduly compromising the significance or setting of the heritage place.

C1.1 Subdivided lots with frontage to a primary street shall be configured to allow buildings orientated to address the primary street, and have a consistent building setback with adjacent premises.

C1.2 If the site comprises an amalgamation of former residential lots, the development reflects the traditional street pattern for the immediate locality.




9.2 Access, Parking & Rights-of-Way

Many dwellings in the East Bunbury Heritage Area are setback only a short distance behind the front boundary. Many are also located close to the side boundaries with limited opportunities for new accessways, or for garages or carports to be constructed to the side.

Modern access and parking requirements can have a major impact as carparking was not a prominent, traditional feature of many places on the Heritage List.

Figure 1: Access, Parking and Rights-of-Way.


New accessways and parking areas should be designed to minimise the visual and physical impact on heritage places.

Where there is an existing driveway this should continue to be used for vehicular access.

Where there is an existing right-of-way behind the property, this should be used for vehicular access where possible.

New driveways and hardstand areas should be designed and sited to avoid having a negative impact on any original mature landscaping, garden areas, and other landscaping features where these are considered to form an important part of the setting of the heritage place, and/or contribute to its heritage.

P2.1 Access and parking for buildings is adequately provided within the boundaries of the lot/development site, and does not negatively impact

C2.1.1 Parking areas of lots/development sites are visually concealed from the primary street.




on:

(a) the setting of the heritage place;

(b) significant landscape elements;

(c) the streetscape character and amenity; and

(d) the availability of on-street parking in the locality.

C2.1.2 Parking areas of lots/development sites for grouped or multiple dwellings are accessed from either:

(a) a shared accessway; or

(b) rear boundary right-of-way,

in order to minimise the number of crossovers and reduce the impact of garages and carports on the primary streetscape.

9.3 Building Setbacks and Orientation

Front and side building setbacks are an important element defining the character of a streetscape. Generally in the Heritage Area, dwellings are set back a similar distance from the street boundary. While there is some variation between streets, front setbacks are generally such that there is little opportunity for development in the street setback area.

The Heritage Area contains some streetscapes where the pattern of setbacks is particularly significant. These are:

the north-eastern end of Charles Street and the Eastern side of Moore Street between Thomas and Hayes Streets where there is a rare ‘saw-tooth’ pattern to the setbacks of adjacent houses; and

the southern side of Ednie Street where the set-back pattern is particularly consistent.

Figure 2: Building Setbacks.


All development shall retain/reinforce the traditional orientation and front and side setback pattern in the immediate locality.

New development shall not impede opportunities to meet the access and parking requirements of this policy.




P3.1 Additions to all buildings are set back from the primary street a distance equal to the prevailing traditional setback of surrounding development in the immediate locality.

P3.2 Additions to contributory buildings allow the contributory building to remain dominant when viewed from the street.

P3.3 New buildings are orientated to address the street and ensure the retention of the traditional street pattern.

P3.4 New buildings are constructed with setbacks from side boundaries generally consistent with the traditional street pattern.

C3.1 Ground floor additions to a contributory building are setback a minimum of 1m behind the primary frontage of the existing building.

C3.2 Where an existing building on a lot is

not to be retained, new buildings with a frontage to a primary street shall have a setback generally consistent with the surrounding development in the immediate locality.

C3.3 Where an existing building on a lot is

retained, new buildings with frontage to a primary street are set back:

(a) in line with the existing building to be retained; or

(b) consistent with the established front setback of the surrounding development in the immediate locality.

C3.4 New buildings are constructed with a setback distance from the side boundary equal to the traditional setback distance of buildings on the adjoining lots.

9.4 Alterations and Additions to Existing Buildings

The local government supports adaptation and additions to existing buildings in the East Bunbury Heritage Area and encourages building work that is compatible with the fabric and significance of the original building or place.

Figure 3: Additions to Existing Dwellings.





All development should, as far as practicable, retain the significant character, detailing, orientation and setting of the heritage place.

Additions and new buildings/structures (including garages, carports, patios, swimming pools, gazebos etc.) should take account of the significance and character of the heritage place, involve the least possible alteration to significant fabric, retain the prominence of the original building in public views, and not unnecessarily obscure significant elements/details.

Where practicable, the works should include reinstatement of significant detailing where this has been previously removed or severely damaged.

Additions and new buildings/structures should be set back behind the main façade.

Single storey alterations/additions are preferred for a single storey heritage building. Provided they retain clear evidence of the original scale and form of the significant structure, these may be designed as a direct continuation of the building footprint or as a linked pavilion.

A second storey may be constructed at the rear, but the significant form of the original building must remain clearly evident and visually prominent when viewed from the dominant street. Additions built forward of, or up to, the ridge of the original building are generally not appropriate.

Alterations/additions to a heritage building may be in the same general style as the existing building or provide a visual contrast. However, additions should always respect the heritage place in terms of scale, massing, form, setbacks, external materials, colours and detailing (including design aspects such as the proportions of doors and windows, width of eaves overhangs, roof form etc).

Alterations/additions should always be distinguishable from the original fabric at close inspection.

Alterations to the interior of a heritage place to meet reasonable modern living standards and/or to suit a compatible new use will be supported, subject to consideration of the impact on any fabric identified as being of exceptional or considerable significance.

Ideally, where original internal walls or features are proposed to be removed these changes should be managed to allow evidence of the original layout to be read at close inspection where practicable (for example by retention of small wall “nibs” or the use of different finishes).

The style and detailing of new buildings should not directly mimic the heritage place (ensuring a clear distinction between old and new).

Where new development impacts on setbacks this should not impede opportunities to meet the access and parking requirements of this policy.

P4.1 Alterations, additions or new structures are designed to ensure that, as far as practicable:

(a) the work involves the minimum possible alteration to, or loss of, significant form and fabric (both internally and externally, and inclusive of both built and landscape elements);

C4.1.1 Single storey additions are located:

(a) behind the main building; and/or

(b) constructed 1m behind the primary frontage of the existing building.

C4.1.2 Rear additions take the form of a linked pavilion that allow the original




(b) the setting of the heritage place is not adversely affected by the new works (inclusive of any new landscaping, hard stands, fences etc);

(c) the heritage place remains the dominant element when viewed from the primary street; important public views to the heritage place are not adversely affected; and the original building’s contribution to the streetscape is maintained.

dwelling to retain its original form.

C4.1.3 Second storey additions are:

(a) accommodated within the existing roof;

(b) built behind the original building and not visible from the street; or

(c) constructed so that the roof of the addition is contained below the line of sight of a person standing on the opposite side of the street. A minor variation to this may be permitted on the basis of its impact on the streetscape.

C4.1.4 The reinstatement of significant original detailing where this has been previously removed or seriously damaged.

P4.2 New buildings, additions or other works are designed:

(a) to match (but not exactly mimic) the style of the heritage building; or

(b) in a contemporary style that is compatible with the original.

C4.2.1 New work such as additions to the place may be acceptable where it does not distort or obscure the cultural significance of the place, or detract from its interpretation and appreciation.

C4.2.2 New work should be readily identifiable as such.

9.5 Construction of New Buildings

The majority of dwellings that contribute to the East Bunbury Heritage Area are examples of modest vernacular buildings built between the late nineteenth and early twentieth century. There are some modest examples of homes in the Federation Queen Anne and Federation Bungalow styles and there are some Inter-War Californian Bungalows. The majority of dwellings contribute to the significance of the Heritage Area because their general form and style is typical of domestic buildings from this period rather than because they are individually significant for their architectural qualities.

While new dwellings should respect the qualities of the existing buildings, there is no requirement for them to copy or replicate building styles more typical of a by-gone era.

Figure 4: Desired bulk and scale of new dwellings.





New buildings that respect, but do not copy, the traditional vernacular styles of the contributory buildings in the Heritage Area should be designed to ‘fit in’ with the existing streetscape. Designs that do not follow the traditional pattern in terms of form, scale, general size and shape, or other design features of the immediate locality may not be supported.

It should be noted that applications for planning approval for new buildings are to comply with all other design elements of this Local Planning Policy.

P5.1 New buildings are designed and constructed in a style that is compatible with, but does not overtly mimic, the traditional building styles found in the Heritage Area. (e.g. taking into consideration form, scale, bulk, shape, articulation, materials, finishes, colour, etc).

C5.1 New buildings of traditional or contemporary design comply with all the design elements of this local planning policy.

9.6 Garages, Carports and Outbuildings

Garages, carports and outbuildings in the Heritage Area are generally located to the rear or side of the original dwelling and are not dominant features on the streetscape.

Figure 5: Garages, Carports and Outbuildings.





Garages or carports shall not visually dominate the dwelling as viewed from the street.

Note: The City of Bunbury Local Planning Policy: Minor Structures (including Outbuildings) applies.

P6.1.1 For existing buildings where there is no alternative, carports may be considered in front of the building, provided they do not visually dominate the streetscape or detract from the heritage character of a contributory building and comply with the relevant Local Planning Policy.

P6.2 Garages or carports are constructed to match the style of the existing building or in a compatible contemporary style.

P6.3 Garages, carports or outbuildings comply with the recommended building materials for the Heritage Area (refer clause 9.10 of this Local Planning Policy).

AD6.1 Garages or carports are constructed behind the front setback of the main building and comply with the following:

(a) set back a minimum distance of 1.0 m behind the main building setback; and

(b) the width of the garage or carport is not greater than 6 metres or 35% of the frontage of the lot, whichever is the lesser.

9.7 Building Form, Scale and Bulk

Dwellings that contribute to the significance of the East Bunbury Heritage Area are generally of similar form, bulk and scale. The majority of places are single residences that face the street. While lot sizes vary across the Heritage Area, the lots in any one street are generally similar in size and the dwellings are of similar size, setback, scale and proportions.


There are some differences across the Heritage Area - hence the scale, form and bulk of new development should take account of the dominant pattern of the street in which it is located.

New buildings in the East Bunbury Heritage Area should be constructed in a manner that takes account of the heritage values and character of the Heritage Area as a whole. New dwellings shall respect and follow the predominant street pattern in terms of height, roof pitch, orientation and articulation. This means that when viewed from the primary street, dwellings should look similar to existing dwellings in terms of their general size and shape.

P7.1 New buildings and alterations/ additions are of a compatible form, bulk and scale to traditional development in the street.

P7.2 Alterations/ additions single storey are designed so that upper floors are not visually dominant when viewed from the primary street.

C7.1 New buildings are single storey with a plate height of not less than 2.7 metres.

C7.2 Two storey buildings, including

alterations/ additions, comply with the following:

(a) upper storey is set back so that the roof line is below the line of




sight of a person on the opposite side of the street; and

(b) the upper floor area of the building does not exceed 50% of the ground floor area.

9.8 Roof Form and Pitch

Residential roofs in the East Bunbury Heritage Area are generally gabled or hipped forms or a combination of these. Roof pitch is generally between 25° and 35°. Roofs generally have an eaves overhang that varies from quite narrow to about 300 mm from the face of the wall. Traditionally the eaves were battened to keep birds and small animals out of the roof space.

Figure 6: Roof Form and Pitch.


Retention of existing roof forms for contributory buildings (inclusive of detailing such as chimneys) and use of complementary forms for new buildings and additions/ extensions.

P8.1 Where visible from the street, roof forms and detailing of new buildings complement the traditional form of the roofs of contributory building in the immediate locality.

P8.2.1 Where visible from the street, roof

forms of alterations/ additions to contributory buildings complement the form and detailing of the existing roof.

P8.2.2 Significant original detailing (such as chimneys) is retained.

P8.3 The eaves of alterations/ additions to contributory buildings match the eaves line of the existing building.

C8.1 The roof forms of new buildings are pitched between 25° and 35°and are of similar scale, form and articulation (i.e. complexity) to traditional development in the immediate locality.

C8.2 Alterations/ additions to contributory buildings retain the original roof form and detailing, as viewed from the street (inclusive of chimneys).

C8.3 The eaves of new buildings and alterations/ additions are:

(a) not less that 200mm from the




wall of the building; and

(b) not greater than that to traditional development in the immediate locality.

9.9 Verandahs and Porches

Nearly all of the dwellings that contribute to the East Bunbury Heritage Area have front verandahs or porches. This feature is an essential unifying element that contributes to the Heritage Area’s character. In some instances verandahs or porches have been enclosed.

Figure 7: Verandahs and Porches.


Retention of the traditional pattern of development with verandahs and porches addressing the street

P9.1 The principal façade and main entrance of new buildings addresses the street in a manner that reflects the predominant character of the traditional development in the immediate locality.

P9.2 Contributory buildings retain their primary access (front door) and conserve the traditional detailing of verandahs and porches.

C9.1.1 New buildings are designed with either a verandah or porch that addresses the primary street and provides the primary access to the building.

C9.1.2 Verandahs and porches to new buildings interpret traditional forms and complement detailing of nearby contributory buildings.

C9.2 Alterations/ additions to a contributory building retain existing verandahs and porches, and, where appropriate, restore/ reinstate their original detailing.

9.10 Materials and Colours

Dwellings that contribute to the East Bunbury Heritage Area are constructed of traditional building materials. In Stirling Street there are examples of brick, rendered brick and timber framed dwellings with weatherboard or a combination of weatherboard and asbestos cladding. Elsewhere, most dwellings are timber framed and clad with either weatherboard or




weatherboard/asbestos. There are some examples of tiled roofs, but by far the majority of dwellings originally had corrugated iron roofs (some of which have been replaced in zincalume or Colorbond). While there is a predominance of neutral colours in the Heritage Area, there are also some examples of bright colour schemes that contribute to the aesthetic character of the Heritage Area.

Full authentic restoration of original colour schemes is not required in the Heritage Area. New colour schemes that are sympathetic to the heritage significance of the individual dwelling and the Heritage Area as a whole are encouraged.

Note: In some cases existing dwellings in the East Bunbury Heritage Area are built with materials that contain asbestos products. Removal, where approved, must be carried out in accordance with WorkSafe guidelines.


For existing contributory buildings, retain original materials where possible or where materials require replacement, the policy of replacing ‘like for like’ should be applied.

Alterations or additions to an existing dwelling should use materials that match the original or that are compatible with its significance. Sometimes different materials can be used to distinguish the new from the old.

New dwellings within the East Bunbury Heritage Area should be constructed of materials that complement the existing contributory dwelling.

P10.1 Where visible from the street, the original materials and finishes of contributory buildings are conserved.

P10.2 Where the significant original materials and finishes of contributory buildings require replacement, the policy of replacing ‘like for like’ or in a visually comparable modern equivalent shall be applied.

P10.3 Where visible from the street, alterations/ additions are constructed of materials and use colours that complement the significant fabric of the existing building.

P10.4 Where visible from the street, new buildings are constructed of materials and use colours that complement the

C10.1 For existing dwellings:

(a) existing face brick is retained unpainted;

(b) original tuck-pointing is reapplied;

(c) existing timber joinery is retained or selectively replaced with new timber joinery where replacement is required; and

(d) original roof material is retained or replaced with matching material.

C10.2 Flat asbestos sheets are replaced with modern flat fibrous cement sheets (made without asbestos).

C10.3 A corrugated iron roof is replaced with zincalume or Colorbond in a colour comparable to the original painted or unpainted finish.

C10.4 Damaged weatherboards are

selectively replaced using timber of the same profile.




existing contributory buildings in the immediate locality.

9.11 Landscaping and Boundary Fences

Subject to the nature of the place and its assessed significance, landscape elements (including plantings, paved areas, boundary fences etc.) can contribute to, or adversely impact on, heritage values.

There are a variety of fencing styles in the East Bunbury Heritage Area that contribute to its overall character. Generally, fences along the street boundary are low and reflect the style of the individual dwelling. Fences include timber pickets, timber post and rail, low masonry walls or traditional hedges. There are some more recent fences comprising masonry piers with metal railings and some areas where there are no fences at all.

Metal or fibrous cement panel fences of any height are not permitted for boundary fences to the primary street or to side boundaries in front of the building line within the East Bunbury Heritage Area. Metal or fibrous cement panel fences are not encouraged to side boundaries of corner lots.

Figure 8: Front Fences.


Where mature plantings, or hard landscape elements, are identified as contributing to the significance of the place these should be retained/ reinstated, wherever practicable and as relevant.

For example:

o where a significant original front fence remains, this should be retained and restored or, if a new fence is required, this should match the detail of the significant original fence as closely as possible; or

Hedges or low fences are preferred.

Low Brick or Stone Fences Woven Wire or Wire Mesh

Timber Pickets

Fences must allow views of the house and garden.




o where significant mature plantings are nearing the end of their anticipated life span, or have been adversely affected by pests or disease, then a program of planned replacement should be implemented.

New development should be designed so as not to adversely impact on significant landscape elements.

This includes protecting the health and viability of significant plantings when new building works are undertaken on either the site of the heritage place or on adjoining sites, and may require the preparation and implementation of a qualified arboriculturist’s report.

Where an original front fence remains, this should be retained and restored or if a new fence is required, this should match the detail of the original fence as closely as possible.

Hedges are permitted and should be retained wherever possible.

Fences should be designed to complement the design of the existing dwelling. Fences may be based on examples seen in old photographs of the East Bunbury Heritage Area.

New soft and hard landscaping (including elements such as hard stands) should not detract from the character or setting of the heritage place.

New front fences, and side fences forward of the building line, should be designed to:

o complement the design of the heritage place;

o retain open public views to the heritage place;

o allow passive surveillance of the street; and

o maintain adequate sight lines around an intersection for pedestrians and vehicles.

Note: In residential areas metal or fibrous cement panel fences of any height are not permitted for boundary fences to the primary street or to side boundaries in front of the building line.

P11.1 Fences along the street boundary are low and complement the style of the individual building. Fencing demonstrates the following:

(a) appropriate height, material and colour;

(b) adequate sight lines around the intersection for pedestrians and vehicles;

(c) complies with requirements under the Residential Design Codes, and

(d) maximum height of 1.5metres to the satisfaction of the local government.

P11.2 Fences are visually permeable to allow passive surveillance of the street and views to contributory buildings.

C11.1.1 Traditional fence styles to a maximum of 1.2metres constructed from the following materials:

(a) timber pickets;

(b) timber posts and woven wire or wire mesh; or

(c) hedges (maintained to a height that allows passive surveillance of the street and views to the building)

C11.1.2 Traditional low brick or stone walls to a maximum height of 600mm.

C11.2.1 New fences consist of masonry piers

to a maximum height of 1.5m with a solid brick, stone or render base to a maximum height of 0.45m and visually permeable metal or timber infill pickets to a maximum height of 1.2m.




C11.2.2 Metal or fibrous cement panel fences of any height are not permitted for boundary fences to the primary street or to side boundaries in front of the building line.

P11.3 New development should be designed so as not to adversely impact on significant landscape elements.

C11.3 Removal of a tree (recognised as a significant element of a heritage place) may be permitted where it is demonstrated in a report from a qualified arboriculturist to be dead, dying, decaying or otherwise endangering public safety.

9.12 Incidental Development Requirements

Incidental development for contemporary services such as television aerials, satellite dishes, solar panels (or solar collectors), etc., can have an impact on heritage places and areas through the introduction of elements that are not part of traditional development.

Figure 9: Preferred Locations for Incidental Development.


Incidental items such as television aerials, satellite dishes, solar panels (or solar collectors etc.) should be located away from the primary street in order to minimise their impact on heritage buildings and the wider East Bunbury Heritage Area.

P12.1 Incidental development of solar collectors, water tanks, satellite dishes, microwave and radio masts and antennae are located and

C12.1.1 Solar collectors, satellite dishes, microwave and radio masts and antennae are not visible from the

Backyard

Roof ridgeline

Building line

Front setback

Water tank

Garage

Satellite dish

Solar panels

Road reserve




designed to minimise their impact on the heritage character of the building and surrounding development in the immediate locality.

They may be permitted forward of the building line where:

(a) the locating of incidental development is not practicable behind the building line;

(b) the height, scale and colour of the structure is compatible with the building,

(c) the structure does not limit sight lines between premises and the road reserve; and

(d) the structure does not dominate the original building as viewed from the street.

primary street frontage.

C12.1.2 Water tanks are constructed behind the building line and do not visually dominate the original building as viewed from the street.

C12.1.3 All incidental developments are incorporated into the overall landscaping of the development and are screened from view of adjoining premises and streets.

C12.1.4 All incidental developments are to be designed and constructed in accordance with the Residential Design Codes.

Note: The Codes Based Approach

This policy document utilises a nationally accepted practice of setting out Performance Criteria and Deemed-to-Comply solutions. When policy is written in this way it is commonly referred to as a “code”. A good example of the performance based approach can be seen in the Western Australian Planning Commission’s Residential Design Codes (“R-Codes”).

Using the code approach means that the local government can differentiate between specifying those aspects of development that must not be contravened under almost any circumstance from those aspects that are open to negotiation or that constantly change over time in response to the community’s values, taste, technology, etc.

A development that conforms to all of the Deemed-to-Comply solutions for that particular design element (e.g. Building Setbacks and Orientation) automatically satisfies the relevant Performance Criteria, the process simply requires that the proposal complies with all of the Deemed-to-Comply solutions for that element. Should this be the case, the proposal is then ‘deemed to comply’, and is therefore satisfactory under this particular policy, subject to the Scheme.

Alternatively, a development proposal that is submitted for an impact assessment must demonstrate that it meets the relevant Performance Criteria and notice has been given in accordance with Clause 9.4.3 of the Scheme before the local government may approve it. An impact assessment solution should have regard for the nature of the Deemed-to-Comply solutions as a measure of conformity with the intent and objectives of the Local Planning Policy and the zone under the Scheme.



PART D 10 VARIATION OF DEVELOPMENT REQUIREMENTS 10.1 Development in accordance with this Local Planning Policy is deemed to comply. However,

alternative designs may be considered subject to demonstration that the proposed land use and/or development is in keeping with the intent and objectives of this Local Planning Policy to the satisfaction of the local government.

10.2 In exercising any discretion the local government should ensure that the variation will not

contravene the following provisions of the Scheme -

(a) intent and objectives of this Local Planning Policy;

(b) section 1.6 The Aims of the Scheme;

(c) section 4.2 Zone Objectives; and

(d) section 10.2 Matters to be Considered by local government. 11 DEVELOPMENT IMPACT STATEMENT (HERITAGE & CHARACTER) 11.1 Where an application proposes a variation to one or more Deemed-to-Comply solutions or

is required under the Scheme, or is considered to have a significant impact on the existing conditions of a locality, the local government may require a Development Impact Statement (Heritage & Character) to be submitted for assessment as part of an application for planning approval which in part addresses impacts on heritage & character. The report may also outline measures by which any detrimental impact may be minimised. The Development Impact Statement is to be undertaken by an appropriately qualified person or body in accordance with Heritage Impact Statements – A Guide, published by the State Heritage Office of Western Australia (November 2012), and to the satisfaction of the local government.

11.2 A Development Impact Statement (also referred to as a Heritage Impact Statement) shall

contain the following information in sufficient detail to permit the local government to make a proper development assessment of any proposed variation as part of a planning application, but is not limited to, the following -

(a) aesthetic contribution to the streetscape;

(b) how the proposed works will affect the significance of the place;

(c) aesthetic, historic, social and scientific values of the place;

(d) what alternatives have been considered to ameliorate any adverse impacts;

(e) a schedule of materials, colours and finishes for development of an existing building with a some/moderate or greater level of cultural heritage contribution;

(f) how the proposal will result in any heritage conservation benefits that may offset any adverse impacts; and

(g) any other relevant information requested by the local government. 12 NOTIFICATION & ADVERTISING

Where advertising is required to be undertaken or is deemed to be required by the local government, advertising will be undertaken in accordance with the provisions of section 9.4



of the Scheme. 13 IMPLEMENTATION & REVIEW 13.1 Why a Local Planning Policy?

The Scheme is a prescriptive instrument that sets out the legal provisions for how land may be used and developed. Sole reliance upon it for regulating all forms of development under all circumstances is not always practical and the Scheme makes allowance for this by enabling the local government to adopt Local Planning Polices from time to time in order to address specific issues or a range of issues in a specific place. A Local Planning Policy is a tool to assist developers in preparing proposals with a greater understanding of the Council’s desired outcomes for the local government area. This helps to ensure that developers can invest the time and resources needed in preparing applications for planning approval with increased confidence; and that the local government’s staff and Councillors can assess development proposals in a more consistent and transparent manner.

13.2 Policy Review

The local government will review this Local Planning Policy annually in conjunction with the rest of the Local Planning Policy Framework in accordance with the Planning and Development Act 2005.



Map 1: Local Planning Policy Area [refer to clause 4.1, 4.2]

part a - city of bunbury and building/5.1... · 1.4 relationship with local laws 1.4.1 this local...

Documents