attachments to council items part 2 – planning and

Shire of Irwin ATTACHMENTS – ORDINARY COUNCIL MEETING 28 FEBRUARY 2017

ATTACHMENTS TO COUNCIL ITEMS Part 2 – Planning and Infrastructure

ORDINARY COUNCIL MEETING

28 February 2017


ATTACHMENT:PI01 Bushfire Risk Management Reforms

Date: September 10, 2016 Author: Rhys Kelly, President UDIA WA

Bushfire risk management must be proportional

Late last year I discussed the introduction of a new bushfire risk management planning framework in WA that includes a

state planning policy and associated regulations.

The framework sets new bushfire risk mitigation requirements that impact on new homebuyers, builders and developers.

On their introduction in December 2015, UDIA was hopeful that the new reforms would be implemented consistently and

practically in order to ensure unnecessary red tape and costs could be avoided.

Now, just over six months later, it is disappointing that the implementation of the new framework is leading to significant

and unnecessary additional costs to new homebuyers.

This is primarily due to a lack of understanding ‘on the ground’ and differences of opinion across government as to how to

measure risk.

While UDIA certainly understands the need to appropriately protect our community from damaging bushfires, it is important

that any requirements are clearly necessary and that developers and home owners are not doubling up on what needs to be

done to meet requirements.

The overly precautionary approach that is being taken when implementing bushfire risk mitigation measures has seen some

homeowners in Perth forking out thousands of dollars above and beyond what they should have to.

Developers have reported that since implementation of the new framework, there have been significant delays in approval

timeframes, as well as additional costs throughout the planning and approvals process that are arguably unnecessary in

many instances.

All of these added costs flow through to the eventual buyer who may still face additional fire assessment, building and

construction requirements. UDIA believes that mitigation measures should be proportional to the real risk of fire in a

particular area.

We are seeing buyers spending $400 to $700 for Bushfire Attack Level assessments on their newly purchased lots even after

the land developer has already fulfilled all of the subdivision approval conditions and addressed any risk through bushfire

mitigation measures.

Further, in some areas of the city, bushfire management requirements and associated construction standards are being

applied to private land owners due to the risk from vegetation that exists on government land, such as freeway reserves.

Private land owners should not be responsible for mitigating risk on unmanaged Crown land. We are also seeing risk

mitigation requirements being placed on homes built close to vegetation areas despite the fact that the vegetation is already

earmarked for clearing.

UDIA is keen to engage with government to see how we can bring some common sense back into this process and avoid

people paying more than what is necessary.

PLANNING AND INFRASTRUCTURE REGULATORY SERVICES

P8 BUSHFIRE CONTRIBUTIONS

PURPOSE

To provide Developers with a standard approach to strategic Water Supply (Bush Fire) Control as part of the subdivision process.

POLICY

A developer in lieu of providing an individual strategic water supply for Bush Fire Protection, may contribute towards the costs of ongoing Bushfire Control Associated with subdivisions in areas where no scheme water is available and as such no hydrants are provided, in accordance with the following scale:-

Lot Size Amount as Set in the Schedule of Fees & Charges Up to 9.99ha $1,500 max 10 lots plus $100 per each additional lot

10ha and over $1,500 max 5 lots plus $250 per each additional lot The monies received will be held in a separate account for "Bush Fire Fighting Equipment Reserve" and will be used towards the cost of Fire suppression facilities and equipment and any other fire prevention measures that may be determined by Council.

Date of Last Amendment –15 December 2015(reviewed 22 November 2016 Minute 131116)


ATTACHMENT:PI02 Development Application for Home Business (Yoga Classes) at

3 Hope Street, Port Denison

Hope Street

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Attachment 1 – Aerial Photo

Attachment 2 - Application Details

Written Statement

Original Parking Plan

Further Information Request

Amended Parking Plan*Following inspection to determine the number of vehicles able to park within lot boundaries in accordancewith AS2890.1:2004.

Attachment 3 – Site Inspection Photos and Plan

Photo 1

Photo 2

Photo 3

Photo 4

Photo 5

Photo 6

Photo 7

Photo 8

Proposed Yoga Class Location

4 cars in shaded area are illegally parked


ATTACHMENT:PI03 Proposed closure of a portion of unconstructed road reserve adjacent to Lots 1824, 1187, M345 and to the West of M347

Wye Farm Road, Yardarino

RAIL

WA

Y

RAILWAY RAIL

WA

Y

Dongara

LOCALITY MAP

DenisonPort

RAIL

WA

Y

’DONGARA DOWNS’

CONSENT OF THE SHIRE OF IRWIN

FILE: g:\data\planning\1616 irwin\1616shiremap_dongara downs.dgn

SHIRE OF IRWIN

’DONGARA DOWNS’

ROADS AND EASEMENTS

CONSTRUCTED AND UN-CONSTRUCTED

LOT OWNERSHIP CURRENT AS OF 10 September 2012

AERIAL PHOTO- GOOGLE EARTH PRO DATED 30 November 2012

Mr RS Hamilton

Mr CM Saunders

Waylan Crest Pty Ltd

Mr GP McGuiness

Mr ML & Mrs C McLean

Mr DJ & Mrs SM O’Brien

M & CL Leonard

Mr PS Toon

Sinoland Pty Ltd

Mr JH & Mrs L Groessler

CV Nguyen & LP Truong

Mr KJ & Mrs JL Abbott

Mr MJ & Mrs WL Doyle

Tierney Bros Transport Pty Ltd

Mr JD Kapor & Mr MD Kapor

DM Franklin

Mr JP & Mrs

AQE Choy

Mr JMJ & Mrs

Constantine

Mr WR & Mrs KA

Wye Farm Pty Ltd

Ms K Brkusich

Ms K Brkusich

Pty Ltd

Enterprises

Adina

Ms AG Bonython

Mr GJ Prouse &

Ms LA Dickinson

Mr BR Castle &

CR Mettam

Mr JD & Mrs

Wellard Agn LimitedWellard Agn Limited

Limited

Agn

Wellard

Limited

Agn

Wellard

ED Haeusler

Mr VC & Mrs

Corporation Pty Ltd

Taylor-Stevenson

Mr J Smails & C Eddy

State of WA

Mr FJ Burton

Mr FJ Burton

Mr FJ Burton

Mr VC & ED Haeusler

& Ms SA Davis

Mr MJ Perkusich

& Mr S Fraser

Mr D, Ms NE

Ms CM Puki

Beeson &

Mr KR

Mr and Mrs Lot

M3466

M345

M344

M344

2831

1120

1927

1272

M345

1926

1406

1887

2972

M347

2673

28322773

2832

3767

2874

14431843

1270

1245

1824

1187

2832

1325

2832

1221

12711245

1193

917

2772 2638

12791294

1306

403

1771

2720

2772

1289

1307

10

300

301

1411302 300

458

844

12

213

1

21

M344

2720

1306

Water S

upply R

oad

Water S

upply R

oad

Wye Farm R

oad

Wye F

arm R

oad

CLOSED ROAD

404.86ha

74.82ha

30.72ha

332.69ha

162.37ha

39.70ha

38.94ha

33.24ha

52.24ha

39.45ha

11.82ha40.67ha

34.61ha

76.99ha

15.90ha

61.27ha

7.87ha

31.28ha38.54ha

39.83ha

25.24ha

121.33ha30.55ha

40.49ha

40.54ha

53.94ha

40.57ha

9.41ha

201.07ha

660.90ha

8.53ha

40.70ha

30.35ha40.05ha

40.57ha

260.21ha

20.26ha

97.81ha 40.63ha

20.28ha

64.30ha

3.16ha

2720

Railway

500

5.55ha

128

129130

131

125

170.86ha

130

22.58ha

129

YARDARINO LOCALITY

Yardarino RoadUCL

NOT TO BE REPRODUCED WITHOUT THE WRITTEN

COPYRIGHT SHIRE OF IRWIN

PREPARED FOR THE SHIRE OF IRWIN BY

LANDVISION PTY LTD PH 08 93888181

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constructed roads

Legend

SCALE 1:20,000 @ A2

800m400

un-constructed roads

10m wide parallel access easement

20m wide parallel access easements

lot owner (surname/company)

subject land

cadastral boundary

(Not to scale)

3.02ha

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Agency Agency Responses Officer Comments

Environmental Regulation, Department of

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

Noted.

Water, Department of

This proposed road closure is located within the Priority 2 Allanooka-Dongara Water Reserve.

The DoW’s Water Quality Protection Note 25: Land Use Compatibility Tables for Public Drinking Water Sources lists roads as a land use which is compatible with conditions, within Priority 2 (P2) areas, and the Department normally gives conditional approval to road developments, provided the proponent demonstrates the road will not cause an increased risk to water resources values. Contamination risks from this proposal include sedimentation, and leakage or accidental spillage of THS (fuel, oil and chemicals) which may occur during construction and/or use of the easement access road to Lot M347. The recommended conditions of approval below are designed to minimize water contamination risks and apply to the portions of road reserve within the P2 area.

1. All vehicle and plant fueling activities should be placed and operated within low permeability bunded compounds outside the water reserve designed to allow effective recovery of any chemical spill to the environment. Any soil contaminated by a chemical spill should be removed and disposed of at a licensed waste disposal site.

2. An emergency response plan should developed in preparation for the event of a fuel, chemical spill of fire. Means should be provided to immediately reclaim and contain any spilt toxic and hazardous substances (THS). Site employees should be trained in the safe management of THS, what to do in the event of a THS spillage and the implications of loss of these chemicals to the environment. Key staff should be given designated roles to minimize harm during any accident or emergency involving these substances. For an overview of appropriate contingency planning for containment spills and emergency response please refer to Water Quality Protection Note 10 Containment Spills – Emergency Response. DoW should be advised in the event of any spill of petroleum

As no development is proposed, the recommended conditions are an irrelevant matters.

hydrocarbons (i.e. oils or fuels) or other potentially hazardous materials.

3. Hydrocarbons, chemicals and other toxic or hazardous substances should be stored so there is no discernible contamination of groundwater or surface water. This should include effective barriers to contain the system.

4. All staff or contactors should be aware that they are operating within a public drinking water source area and the potential for their actions to lead to the contamination of the public drinking water supply.

5. Solid waste and rubbish disposal occurs outside the PDWSA. All toilet facilities should be located outside of the P2 area, unless it is impractical to do so. Toilet facilities should be located outside any wellhead protection zones and have a minimum buffer of 100 metres to any waterway and a two metre vertical buffer to the maximum wet season water table.

6. Authorised staff of the Department of Water have the right of access for the purpose of water resource inspection and investigation.

7. No activity shall be undertaken which prevents or restricts the access of the Water Corporation to any existing protection bore.

8. Written notification is provided to DoW of any activities that may go beyond those outlined in the conditions stipulated before initiation of activities.

9. Any use of groundwater for road construction purposes must be licensed for that specific purpose with the DoW.

State Heritage Office

The property is not located in proximity of any State Registered Heritage Place, and we do not propose to make any further comment.

Noted.

Planning, Department of

In regards to the current road closure proposal, the following preliminary comments are provided: 1. The subject area is zoned ‘General Farming’ pursuant to the

Shire of Irwin Local Planning Scheme No. 5 (LPS 5), with LPS 5 requiring each lot in the Shire to have direct permanent access to a constructed road, or access via other legal arrangements made for permanent access, prior to the granting of planning approval. Implementation and enforcement of the local planning scheme is under the jurisdiction of the local government.

2. The proposed road closure will remove road reserve access

(albeit unconstructed) from Lot 1187, resulting in an additional landlocked parcel. In accordance with the WAPC’s Development Control Policy (DC 1.1), lots require direct frontage access to constructed public roads. Easements are not supported as the sole vehicular access to lots.

3. The Department of Planning recommends that the Shire of

Irwin complete comprehensive broad level strategic planning in order to facilitate the construction of an improved road network within the ‘Dongara Downs’ vicinity.

Please note that the Department of Planning will provide a formal response to the Department of Lands should a request for comment be received.

1. As road closure proposals are determined under Section 58 of

the Land Administration Act 1997, comment 1 is an irrelevant matter.

2. If the portion of road is closed, the proponents will seek to

incorporate the land into their land (Lot M347). As this would necessitate a subdivision application, comment 2 is a relevant matter for Council to consider. However, the Department of Planning’s interpretation of Clause 3.7.1 of DC1.1. is incorrect. Lot 1187 will have direct access frontage to the constructed road network via easements running south from the southern boundary of Lot 1187 then west to an unconstructed road reserve which leads to Wye Farm Road. Given this, the Department’s interpretation of the policy is an irrelevant matter and is not a valid reason to refuse the road closure proposal.

3. As road closure proposals are determined under Section 58 of

the Land Administration Act 1997, comment 3 is an irrelevant matter.

Western Power

Western Power does not have any objection at this time to the above proposal, however we would appreciate being kept informed of developments. As there are overhead powerlines and/or underground cables adjacent to or traversing the property the following should be considered, prior to any works commencing at the site above site/development/property or if any alignments, easements or clearances are encroached or breached. All work must comply with Worksafe Regulations 364 – Guidelines for work in the vicinity of overhead powerlines, If any work is to breach the minimum safe working distances a Request to Work in Vicinity of Powerlines form must be submitted.

Noted.

June 2004

Development control policy 1.1subdivision of land - general principles

ISBN 0 7309 9436 5

Contents

Background notes 3

1. Introduction 4

2. Policy objectives 4

3. Policy measures 4

3.1 Consistency with long-term planning goals 4

3.2 Context and site analysis 4

3.3 Structure plans 5

3.4 “Superlot” subdivisions 5

3.5 Lawful development 6

3.6 Public utility services 6

3.7 Vehicular access 7

3.8 Suitability for development 7

3.9 Developer contributions 7

3.10 Other policy requirements 7

4. Implementation of policy 7

4.1 Procedures 7

4.2 Appeals 7

4.3 Fulfilment of approvals 7

D e ve l o p m e n t c o n t r o l p o l i c y 1 . 1 s u b d i v i s i o n o f l a n d - g e n e r a l p r i n c i p l e s J u n e 2 0 0 4 2

Background notes

1. This policy sets out the general principles, which will be used by the WesternAustralian Planning Commission (WAPC) in determining applications for thesubdivision of land. It indicates the WAPC’s basic requirements for the creation ofnew lots as well as the procedures it will follow in processing subdivisionapplications.

2. The context to this policy is provided by Statement of Planning Policy No. 1 StatePlanning Framework, the State Planning Strategy and the principles for sustainableland use and development contained in the State Sustainability Strategy released inSeptember 2003.

3. The policy is complemented by other policies which are concerned with the moredetailed aspects of lot creation for particular land uses. The general principlesshould be read together with the relevant use-specific policy to give acomprehensive coverage of the WAPC’s policy requirements for any particular use.

4. The policy was originally adopted by the WAPC in July 1988. The policy wasupdated in May 1998, to include the WAPC’s policy on “superlot” subdivision ofland holdings and further updated in June 2004, to reflect refinements and revisionsto other WAPC policies.


• To facilitate appropriate access andmovement systems for all modes oftransport.

• To ensure constructed vehicle accessfrom the gazetted public road system toeach new lot.

• To create lots that are capable of lawfuldevelopment and, at the same time,ensure that existing lots or thedevelopment upon them is not renderedillegal.

• To secure public utility services to eachnew lot appropriate for intended use ofthe lot.

• To make appropriate arrangements fordevelopment contributions, wherenecessary and relevant, for the orderlyand proper planning of the localitycontaining the subdivision.

• To make appropriate arrangements, wherenecessary for planning purposes, for theceding or transfer of land.

3. Policy measures

3.1 Consistency with long-termplanning goals

3.1.1 SPP No. 1 sets out the general principles forplanning and brings together the WAPC’sstatements of planning policy, regionalstrategies, regional and sub–regional structureplans and operational policies into a singlepolicy framework. SPP No. 1 together withany applicable region scheme and the relevantlocal government town planning scheme,including any local planning strategy(pursuant to the Model Scheme Text as set outin the Town Planning Amendment Regulations1999), provide the planning policy directionwhich guides the WAPC in determiningsubdivision applications. These provisions willnot only reflect the broader, long-term landuse proposals for an area but also contain alevel of land use detail and carry sufficientstatutory acceptance to support a decision onsubdivision.

3.2 Context and site analysis

3.2.1 Subdivision applications should be submittedwith such detail as is necessary to enable theWAPC to make a determination on theapplication. Form 1A Application to WesternAustralian Planning Commission for Approval

1. Introduction

1.1 This policy is primarily concerned with thosematters contained in Part III of the TownPlanning and Development Act 1928 and theTown Planning and Development(Subdivision) Regulations 2000, which dealwith the subdivision of land alienated from theCrown. The policy sets out the generalprinciples which will guide the WAPC indetermining applications for subdivision. Forthe purpose of the policy, subdivision includesthe creation of a new lot or lots, theamalgamation of existing lots, and any otherdealings in land which require the approval ofthe WAPC and includes the creation of greentitle, strata and survey strata lots.

1.2 In its determination of applications the WAPCwill seek to ensure that the broad objectivescontained in section 2 of this policy are met. Ifthe objectives cannot be complied with thenthe applications will not be approved. TheWAPC may, however, impose conditions onan approval to secure its objectives.

2. Policy objectives

• To control the subdivision of land withinthe framework of the relevant legislationand regulations.

• To ensure that the subdivision of land isconsistent with Statement of PlanningPolicy No. 1 State Planning Framework(SPP No. 1) and relevant WAPC policiesand plans.

• To ensure that all lots created have regardto the provisions of the relevant localgovernment town planning scheme.

• To ensure a comprehensive and co-ordinated approach to the subdivision ofurban expansion areas in metropolitanPerth, regional centres and countrytowns.

• To ensure the subdivision pattern isresponsive to the characteristics of thesite and the local planning context.

• To ensure that the subdivision isconsistent with orderly and properplanning and the character of the area.

• To facilitate development which achievesappropriate community standards ofhealth, safety and amenity.


of Plan of Subdivision, Amalgamation orSurvey Strata, sets out the informationrequired to accompany a subdivision andsurvey strata application.

3.2.2 For larger scale subdivisions, for example,major urban expansion areas or new industrialsubdivisions, a more detailed context and siteanalysis may be necessary.

3.2.3 The purpose of a context analysis is to ensurethat new subdivision and development isconnected to and integrated with surroundingnatural and developed areas, includingplanned and committed development foradjacent sites. The context analysis alsoidentifies key opportunities and constraintspresented by the context of the site.

3.2.4 The WAPC will require sufficiently detailedassessment of the site and its immediatesurrounds, in accordance with the relevantpolicies of the WAPC, demonstrating:

• a sustainable and environmentally siteresponsive design;

• the creation of a positive sense of placeand identity based upon natural andcultural assets; and

• compatible integration of interfacesbetween the development site andneighbouring land use and development.

3.3 Structure plans

3.3.1 Structure planning is a process of developing aframework for the integrated subdivision anddevelopment of a major residential,commercial or industrial area, or activitycentre. Structure plans are particularly usefulfor co-ordinating subdivision and developmentin areas of fragmented ownership. They havealso been known as outline development plansand comprehensive development plans.

3.3.2 District scale and local scale structure plansmay be required under the provisions of alocal government scheme or may be preparedas a non-statutory plan. Where a structure planis a requirement of a local governmentscheme, it must be prepared in accordancewith the scheme provisions and have regard tothe provisions of any regional or sub-regionalstructure plan. The WAPC has adopted modelprovisions for the approval and adoption ofstructure plans under local governmentschemes.

3.3.3 Structure plans may also be accompanied bycost-sharing arrangements betweenlandowners for the provision of commoninfrastructure. The WAPC has an adoptedpolicy on the scope of developer contributionsand has also adopted model provisions fordeveloper contributions.

3.3.4 The WAPC will have regard to any adoptedstructure plan and developer contributionarrangement when considering subdivisionapplications submitted within an area coveredby the structure plan or developer contributionarrangement.

3.4 “Superlot” subdivisions

3.4.1 There is a presumption against “superlot”subdivision of land holdings which areidentified or zoned for future urban purposesand which are already of a size suitable forthat purpose (i.e. generally less than 150hectares) where this could prejudice theorderly and proper planning of the land.

3.4.2 However, where it can be demonstrated that asuperlot subdivision of a large land holdingwill not be contrary to the orderly and properplanning of the land, a superlot subdivisionmay be supported subject to:

(1) The land being zoned “Urban”,“Industrial” or “Central City Area” in theMetropolitan Region Scheme or regionalplanning scheme and appropriately zonedin the local government town planningscheme.

(2) The original land holding being givensubdivision approval for at least the firststage of development and actualdevelopment having commenced.

(3) The preparation of a comprehensive localstructure plan in liaison with the localgovernment and to the satisfaction of theWAPC. The structure plan shall beaccompanied by a report, which clearlyindicates the development contributions,capabilities and obligations of eachsuperlot.

(4) Development contributions, capabilitiesand obligations referred to in (3) beingthe subject of a record on title pursuant tosection 70A of the Transfer of Land Act1993, or a legal agreement with theWAPC and/or any other relevant publicauthority which shall be binding onsubsequent owners and supported bycaveats lodged by the WAPC to ensurethat prospective purchasers are aware ofthe commitments.


3.4.3 Depending on the degree of need to maintainflexibility in the planning of the original landholding, the WAPC may approve the excisionof only one superlot to incorporate the firststage(s) of development, or up to a maximumof the subdivision of the whole of the landholding into superlots where arrangementsregarding infrastructure have been established.The minimum size of superlots should be 20hectares.

3.4.4 Where development contributions can beconveniently made at the time of a superlotsubdivision, the WAPC will require that thesebe ceded as conditions of subdivision, to beeither transferred to the Crown at that time, orto be the subject of a separate legal agreementwhich ensures the transfer of a site at somefuture nominated time.

3.5 Lawful development

3.5.1 Local government town planning schemesusually incorporate standards governing thedevelopment of lots, most commonly throughlot size minima for different uses. Alsorelevant, however, will be minimum frontagerequirements, the need to meet setbackrequirements, compliance with open spaceprovisions etc. In areas not subject to anoperational scheme, similar requirements maybe contained in local laws made under theLocal Government Act 1995. For residentialdevelopment, the Residential Design Codesprovide guidance on the minimum andaverage lot sizes which the WAPC will haveregard to.

3.5.2 Lots which cannot be developed in accordancewith relevant statutory requirements will notbe approved. The WAPC will also ensure that,by creating a new lot, it does not render anexisting lot or development upon that lotillegal in terms of statutory requirements.Such matters may include lot sizes, carparking, setbacks or the provision of services.

3.6 Public utility services

3.6.1 The WAPC will ensure that each new lot isprovided with a standard of public utilityservices, or that provided by a licensed privateservice provider, appropriate for its intendeduse. The level of such services will bedetermined by the WAPC in the light of theintended use, the size of the lot, soilconditions, the provisions of the townplanning scheme and the GovernmentSewerage Policy - Perth Metropolitan Regionand the Country Sewerage Policy, togetherwith the provisions of any other publishedpolicy that may be relevant.

3.6.2 Subdivision is often proposed for land acrosswhich there is an existing public utilityeasement or facility (such as high voltageelectricity transmission and distribution lines,natural gas pipelines, gas distribution systemsand the major water and sewerage mains). Insuch instances the subdivider should negotiatewith the service agency concerned beforelodging an application with the WAPC and, ifpossible, reach agreement on both:

• the surrender of the existing easements;and

• the way in which the particular facilitywill be protected and/or relocated uponsubdivision.

A letter from the agency confirming thearrangements should be supplied with thesubdivision application. Where this is notsupplied by the applicant, the WAPC willnormally impose a condition requiringcertification from the servicing agencyconcerned that both the surrender of existingeasements and protection of the facility will beundertaken to the satisfaction of the agency.This condition will normally be imposedunless the WAPC is satisfied that therequirement of the servicing agency isunreasonable.

3.6.3 It has been determined from the Departmentof Land Information that services placed inpedestrian access ways and rights-of-waycannot be formally protected by virtue of theoperation of section 167A of the Transfer ofLand Act 1993. To afford that protection infuture, the WAPC will impose a condition oneach diagram or plan of survey on which oneor more right-of-way or pedestrian access wayare shown to state that:

“ The applicant is advised that any diagram orplan of survey showing a pedestrian accessway(s)/right(s)-of-way should carry thefollowing inscription:

Pedestrian access way(s)/right(s)-of-wayshown on this plan/diagram to vest in theCrown under section 20A of the TownPlanning and Development Act 1928 and theprovisions of section 167A of the Transfer ofLand Act 1993 shall not apply.”


3.7 Vehicular access

3.7.1 New green title lots will be created only whereeach lot has, or can be, provided with directfrontage access to a constructed public road,which is connected to the road system of thelocality. This is to ensure the provision ofpublic utility and other services as well as toprovide vehicular and pedestrian access to thelot.

3.7.2 Where new roads are needed, the subdividerwill be required to dedicate, construct anddrain these roads to the specifications andsatisfaction of the WAPC on the advice of thelocal government. The WAPC may alsorequire existing roads or rights-of way to bewidened, constructed, upgraded or dedicatedto ensure compliance with this policy.

3.8 Suitability for development

3.8.1 The WAPC considers that all new lots shouldbe physically capable of development for theirintended purpose. Prospective purchasers ofsuch lots should be reasonably assured that thelot is suitable in physical terms fordevelopment, and that there is a degree ofassurance that the lot will so remain.

3.8.2 To this end, the WAPC may require suchaction as the land being filled and drained,connection to an external system of drainageor construction of a driveway, before the lot iscreated.

3.9 Developer contributions

3.9.1 The WAPC may impose conditions requiringdeveloper contributions (including the cedingof land) for the provision of infrastructure andservices which are necessary and relevant tothe subdivision.

These contributions may be in the form of:

• ceding of land for roads, public openspace, primary school sites, drainage andother public works;

• construction of infrastructure workswhich are transferred to public authoritieson completion;

• monetary contributions to acquire land orundertake works by public authorities orothers.

The scope and arrangements for developercontributions are set out in WAPC policies.

3.10 Other policy requirements

3.10.1 The WAPC’s Development Control (includingsubdivision) Policy Manual includes otheroperational policies dealing with thesubdivision of land into lots for specific landuses. The policies contain the requirements ofthe WAPC and should be read together withthis policy.

4. Implementation ofpolicy

4.1 Procedures

4.1.1 Applications for the subdivision of land to theWAPC should be made on the appropriateform and include such information as isrequired, having regard to the scale andcontent of the proposal. As required by therelevant legislation, the WAPC will forward acopy of each application to any localgovernment, public body or governmentdepartment whose powers or functions may beaffected for objections and recommendations.These matters will be considered by theWAPC in making a decision on theapplication.

4.2 Appeals

4.2.1 Under the relevant legislation there is a rightof appeal against the decision of the WAPC.Appeals can be made to the Town PlanningAppeal Tribunal within the periods prescribedby the legislation.

4.3 Fulfilment of approvals

4.3.1 Following an approval being granted, theapplicant should make arrangements in liaisonwith relevant government agencies, localgovernment and the utility providers, withregard to the fulfilment of conditions. TheWAPC must be satisfied in this regard that allconditions have been fulfiled, including theconstruction of subdivision works,arrangements for the ceding or transfer of anyland to the Crown and other subdivisionrequirements. When the WAPC is satisfied, itwill endorse the diagram of survey, prior tothe issue of titles by the Registrar of Titles.

dpi

Highlight


ATTACHMENT:PI04 Report on the Review of the Local Planning Scheme

Scheme Review ReportSHIRE OF IRWIN LOCAL PLANNING SCHEME NO. 5

8 February 2017

ii

PrefaceThis report has been prepared in accordance with the requirements of the Planning and Development(Local Planning Schemes) Regulations 2015 (the Regulations) in relation to the review of Shire of IrwinLocal Planning Scheme No. 5.

Under the provisions of the Regulations all local planning schemes are to be reviewed within six monthsof the five year anniversary of the date the scheme is approved (r. 65). The review is to be in the form of areport submitted to the Western Australian Planning Commission (WAPC) (r. 66).

Regulation 65(3) requires that the report is to consider whether the local planning scheme is up-to-date.In accordance with Regulation 66(2), the report is to include:

− the date the local planning scheme was gazetted;

− a list of amendments to the scheme including dates they were gazetted;

− when the scheme was last consolidated under Part 5 of the Act;

− an overview of subdivision and development activity, lot take up and population change in thescheme area since the scheme gazettal / last review; and

− details of any amendment to the scheme that have been undertaken to bring it into line withother legislation, region scheme or State planning policy (r. 64(2)).

The report is to make a recommendation to the WAPC on how to proceed in accordance withRegulation 66(3).

To provide consistency in structure and content, the form and manner of reports that review of localplanning schemes is set by the WAPC under Part 6, Division 1, Regulation 66(2). This report complieswith that prescribed structure and content.

iv

Table of ContentsPreface ............................................................................................................................................................. ii

Background ...................................................................................................................................................... 1

Scheme details ............................................................................................................................................ 2

Strategic Context ............................................................................................................................................ 3

Scheme amendments .................................................................................................................................. 3

Local planning strategy amendments ........................................................................................................ 7

Changes to Planning Framework ............................................................................................................... 7

Strategic Plans ......................................................................................................................................... 8

Development activity in the local government area ................................................................................. 10

Structure Plans ....................................................................................................................................... 10

Local Development Plan ......................................................................................................................... 10

Lot Creation ............................................................................................................................................ 10

Dwelling Commencements ...................................................................................................................... 11

Population Change .................................................................................................................................... 12

Consultation .................................................................................................................................................. 13

Officer’s comments ........................................................................................................................................ 15

Planning Framework Changes ................................................................................................................... 15

Operation of LPS 5 ..................................................................................................................................... 15

Development Demand ............................................................................................................................... 15

Structure Plans ........................................................................................................................................... 16

Local Planning Strategy ............................................................................................................................. 16

Conclusions ................................................................................................................................................ 16

Recommendation........................................................................................................................................... 17

Scheme Review Report – Shire of Irwin Local Planning Scheme No. 5 1

BackgroundThe Shire of Irwin is the southern most Local Government Area (LGA) of Western Australia’sBatavia Coastline, located 365km north of Perth. The Shire is strategically located in the centreof one of WA’s richest resource areas, with linkages to major export facilities located in theneighbouring City of Greater Geraldton.

The population of the Shire at the 2011 Census was 3,647. The 2016 population based on themedium growth scenario in WA Tomorrow is estimated to be around 3,991 persons.

The Irwin River runs through the Shire and is the location for the main town of Dongara. TheDongara townsite is one of the State’s oldest European settlements and has a rich and valuedheritage. The smaller town site of Port Denison is located along the coastal area south of themouth of the Irwin River.

The Shire of Irwin’s natural assets are the cornerstone of the economy and include high qualityagricultural lands, access to a recognised sustainable ‘wild fishery’ and an abundance of naturalmineral and gas resources. The Shire has a healthy tourism industry, and is a preferredsettlement location for those seeking a ‘sea-change’ lifestyle.

The Shire of Irwin is described as having a Mediterranean climate, with mild wet winters andwarm to hot dry summers. The prevailing winds within the Shire of Irwin are an importantconsideration, with the strong south-south-west sea breeze that is part of the summer windpattern being a feature on the coast.

The Shire of Irwin is dominated by three geological formations, namely the Dandaragan Plateauin the east, the Arrowsmith Region through the central portion of the Shire of Irwin and theSwan Coastal Plain in the west. The Arrowsmith Region and Swan Coastal Plain portions areseparated by the Gingin Scarp.

The Shire of Irwin is composed of a 75km long continuous coastline, which encompasses avariety of nearshore and coastal landforms including:

− Irwin River mouth and estuary;

− Nearshore reefs;

− Outcrops of coastal limestone at the shoreline;

− Small shore-parallel foredunes that sit immediately behind the beach;

− Relict foredunes that extend hundreds of metres to a few kilometres inland;

− Large dune fields comprising transgressive or parabolic dunes that can extendhundreds of metres to several kilometres inland;

− Dune ridges, barrier dunes and alluvial flats; and

− Blowouts and sandsheets, hundreds of metres wide.

A variety of vegetation structural types occur in the Irwin area, comprising numerous floristictypes. The principal formations include woodlands, shrublands and heaths, as well assedgelands and occasional herblands.

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The Shire of Irwin is known to contain a number of significant flora, vegetation and faunavalues that are identified under both state and federal legislation and policy, with the Shire ofIrwin considered to contain high levels of species diversity.

The Shire of Irwin is located within two surface drainage systems, namely the GreenoughDrainage Basin in the northern portion of the shire and the Arrowsmith Drainage Basin withinthe southern portion. The Irwin River is the prominent watercourse within the region and flowsfrom north-east to south-west, originating to the east of Mullewa (in the north-east portion ofthe Greenough Drainage Basin). The Irwin River is subject to flooding, and the flood mappinghas recently been undertaken by the Department of Water.

The Shire of Irwin is identified as being the largest vegetable and fruit growing area within theGeraldton Region, with over 47 hectares in total.

Within the Shire of Irwin, there are a number of land uses that occur within the vicinity ofexisting sensitive land uses (such as residential development, schools, hospitals, motels, etc.).These land uses include:

− Wastewater treatment facility;

− Waste transfer station;

− Industrial development, including marine-based industry, and light industrial (i.e.transport-related);

− Agriculture. This includes broad-acre and irrigated agriculture;

− Dongara airfield; and

− Exploration and mining tenements.

SCHEME DETAILS

The operative local planning scheme for the Shire of Irwin, Local Planning Scheme No. 5(LPS 5), was gazetted in May 2008. LPS 5 has been amended ten times since gazettal, mostrecently in 2015 which resulted in a number of clauses and schedules being modified, replacedor deleted.

A draft Local Planning Strategy (draft LPS) has recently been adopted by Council (July 2016)and is currently with the Department of Planning for endorsement by the Western AustralianPlanning Commission (WAPC). The draft LPS has been prepared to review the Shire’s 2007Local Planning Strategy.


Strategic Context

SCHEME AMENDMENTS

The following table outlines amendments made to the Shire of Irwin Local Planning Scheme No. 5.

AmendmentNo.

Gazettal date Amendment summary Purpose

2 13/4/10 − Modified clause 5.23.2.2.− Removed the word “and” after response in existing

provisions xii).− Inserted “Outline Development Plan” and corresponding

paragraph after clause 5.27.2.

To facilitate the expansion of the existing “Industrial” precinctonto Lot 35 and a portion of Lot 39 Brand Highway, Dongara.

3 09/11/10 Inserted new content into Schedule 11 – Zone/UseDevelopment Table, Town Centre and Service CommercialZone (other requirements).

To realign the zoning boundary to correspond with thephysical features of the land, and maximising the potential onLots 8, 9, 178, 179, 11 and 12 Hunts Road, Dongara.

4 13/01/12 − Replaced the permitted uses with Schedule 4 – No. 5.− Inserted a new condition into Schedule 4 – No. 5.

To facilitate a residential development on Lots 60 and 70 BradyStreet, Dongara.

7 02/03/12 Inserted Special Use No. 28 into Schedule 4 – Special UseZones.

To facilitate any future development of the under-utilised landat Lots 53 and 54 Point Leander Drive, Port Denison.Development of a tourist use is encouraged, including a hotel,motel, restaurant, eating house and any incidental uses.

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AmendmentNo.


8 13/08/10 − Inserted AU1 into Schedule 2 – Additional Uses.− Modified Clause 4.5.

To allow the landowners to establish a Child Care premiseand/or a Family Day Care Centre on Lot 4, corner of BandHighway and Francisco Road, Bonniefield. The lot is zoned“General Farming”, within which Child Care Centres are notpermitted.

9 05/04/11 Inserted AU2 into Schedule 2 – Additional Uses. To allow the landowners to establish a public amusement parkon Lot 24, corner of Brand Highway and Masten Road,Bookara. The lot is zoned “Rural Smallholdings”, within whichPublic Amusement uses are not permitted.

13 12/03/13 Inserted Special Use No. 10 ‘Henry Road, Port Denison’ intoSchedule 4 – Special Use Zones.

To facilitate the development of a major retirement estate andresidential aged care on Lots 951 and 952 Henry Road, PortDenison.

14 06/08/13 − Inserted ‘Development zone’ into Table 1 – Zoning Table.− Inserted clause 4.2.13 – Development Zone.− Inserted a new clause 4.8 and renumbered subsequent

clauses.− Replaced Clause 5.23.2.− Inserted a new clause 5.35 and renumbered subsequent

clauses.

To enable the Shire of Irwin to identify strategic sites for futuredevelopment, and to ensure that any subdivision anddevelopment cannot occur until a detailed Structure Plan hasbeen prepared and approved by Council.


AmendmentNo.


15 18/06/13 Rezone Lots 4, 5 and 10 Brand Highway, Bonniefield,Dongara from “General Farming” to “Development”.

To facilitate masterplanned development for urban/residentialpurposes, on Lots 4, 5 and 10 Brand Highway, Bonniefield.

16 30/10/15 − Modified clause 4.3.3− Inserted clauses 4.3.4 and 4.3.5 to clause 4.3− Modified clause 4.5− Modified Table 1 ZONING TABLE− Deleted clauses ii) and iii) in clause 5.3.1− Modified clause 5.3.3− Deleted clauses 5.3.5, 5.3.6 and 5.3.7 and renumbered 5.3.8− Modified clauses 5.8.1 and 5.8.2− Replaced clauses 5.10 and 5.11− Renumbered clauses 5.12, 5.13, 5.14 and 5.15− Modified clause 5.16− Renumbered clause 5.17− Modified clause 5.18− Renumbered clause 5.19− Modified clause 5.20− Renumbered clause 5.21, 5.22 and 5.23− Deleted clause 5.24 and replaced with Schedule 11

ZONE/USE DEVELOPMENT TABLE− Renumbered clauses 5.25, 5.26, 5.27 and 5.28− Modified clauses 5.29 and 5.30− Modified and renumbered clause 5.31− Deleted clause 5.33 and replaced with 5.34− Modified clause 5.34− Renumbered clauses 5.35 and 5.36

The purpose of the Omnibus Amendment was to:

− Amend minor anomalies, and reformatting the text;

− Add provisions to prepare Preliminary Structure Plans,so that there will be agreement between Council andthe Developer as to how the development willeventuate;

− Modify the Town Centre zone to recognise the TownCentre Precinct Plan, which was adopted after theScheme Text; and

− Modify the Scheme Map to remove Lot 501 on thecorner of Smith Street and Waldeck Street from “LocalReserve” to be placed in the “Town Centre” zone.

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AmendmentNo.


− Modified clause 5.37− Inserted clause 5.38− Modified clause 8.2− Modified Schedule 1− Modified Schedule 4− Deleted Schedule 11 and renumbered Schedules 12 and 13

17 29/09/15 Rezone Lots 15. 16 and 17 Francisco Road, Bonniefield,Dongara from 'General Farming' to 'Development'.

The purpose of the Scheme Amendment was to itsmasterplanned development for urban/residential purposes onLots 15, 16 and 17 Francisco Road, Bonniefield. The SchemeAmendment reflects the Dongara-Port Denison DistrictStructure Plan, which identified the site as “FutureUrban/Residential”, with the inclusion of a “NeighbourhoodCentre”.


LOCAL PLANNING STRATEGY AMENDMENTS

The have been no amendments to the Shire of Irwin’s 2007 Local Planning Strategy.

The Shire has recently adopted (July 2016) a new draft Local Planning Strategy (draft LPS). Thedraft LPS is with the Department of Planning for endorsement by the WAPC. This importantreview is discussed further on page 9.

CHANGES TO PLANNING FRAMEWORK

Since 2008 when LPS 5 was gazetted, there have been several significant changes in planningcontext and development practice that affect the Shire of Irwin and which need to be reflectedin the Shire’s current planning instruments, including the planning scheme.

Changes include documents such as:

− State Planning Strategy 2050 (June 2014);

− SPP 2.5 Land Use Planning in Rural Areas (December 2016);

− SPP 2.6 State Coastal Planning Policy (Nov 2013);

− SPP 3.6 Developer Contributions for Infrastructure (Nov 2009), draft revised versionpublished Sep 2016;

− SPP 3.7 Planning in Bushfire Prone Areas (Dec 2015);

− SPP 5.2 Telecommunications Infrastructure (Sept 2015);

− SPP 5.4 Road and Rail Transport Noise and Freight Considerations in Land UsePlanning (Sept 2009);

− Mid-West Planning and Infrastructure Framework (Feb 2015);

− Draft SPP 4.1 State Industrial Buffer (July 2009);

− SPP 3.6 Developer Contributions for Infrastructure and related documents (Sept 2016);

− Draft SPP 7 Design of Built Environment (Oct 2016) and related documents;

− Draft Government Sewerage Policy 2016;

− Changes and updates to various Development Control Policies; and

− Several new Planning Bulletins and Guidelines.

In addition, the Planning and Development (Local Planning Schemes) Regulations 2015 (theRegulations) have introduced deemed provisions to be read into all local planning schemes, aswell as setting out new processes for the adoption and amendment of local planning schemes.

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Strategic Plans

Shire of Irwin Strategic Community Plan 2012-2022

The development of this Strategic Community Plan (SCP) was instigated by the Shire of Irwin,to provide the long term strategic framework and direction for the Shire. Four key objectivesare identified within the SCP, each supported with a number of outcomes and strategies. Thekey objectives relate to Economic, Environment, Social and Civic Leadership outcomes.

Shire of Irwin Local Planning Strategy (2007)

The 2007 Shire of Irwin Local Planning Strategy (2007 LPS) was prepared as a basis to reviewthe Shire’s Local Planning Scheme No. 4 and to guide the progressive development of the Shireover the next 10 to 15 years.

Shire of Irwin Dongara Open Space Strategy 2011

The purpose of the Dongara Open Space Strategy is to establish the adequacy of the currentprovision and distribution of public open space and as a result provide a framework for thefuture, based upon the future growth of Dongara/Port Denison.

Within the State and local planning context, an examination of the current provision of OpenSpace and its distribution for the Dongara/Port Denison area was undertaken. Thirty six openspace areas were identified.

Shire of Irwin North Coast Development Analysis Planning Report 2013

The North Coast Development Analysis (NCDA) Planning Report includes a review of State andlocal planning framework as it relates to the north coastal development analysis study area. Thereport outlines principles related to sustainability, environmental objectives, economicobjectives, and social objectives.

Shire of Irwin Recreation Needs Analysis Draft Nov 2013

This Study aims to provide the strategic direction for recreation facilities, programs andservices provision in the Shire of Irwin to meet the needs of the community over the next 10+years. The identified needs and recommendations are consistent with the identified values ofthe Shire of Irwin Council and Community and align with the relevant key challenges identifiedin Western Australia’s sport and recreation industry planning framework document.

Shire of Irwin Tourism Development Plan 2013-2018 (2014)

The Shire of Irwin Tourism Development Plan 2013-2018 identifies five key strategies In order togrow Dongara – Port Denison’s tourism sector. These strategies address the five key areas oftourism, access, accommodation, activities, attractions and amenities and are designed toposition the destination in selected target markets and develop the visitor experienceconsistent with community aspirations and market trends. Each strategy is supported by anumber of actions.

Shire of Irwin Green Infrastructure Strategy 2015-2020

The Shire of Irwin prepared a Green Infrastructure Strategy in 2015 to coordinate the delivery ofan integrated network of green spaces and corridors which are to be underpinned by easilymaintained sustainable engineering solutions.

The strategy includes an Action Plan that is intended to be reviewed and updated annually.


Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) (2016)

The purpose of the Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) is toprovide strategic guidance on coordinated, integrated and sustainable management andadaptation for land use and development in the coastal zone.

Dongara Town Centre Precinct Plan (2009)

The Town Centre Precinct Plan addresses issues associated with the Town Centre provisionsrelating to zoned land on Moreton Terrace, between Smith Street and Walton Streets and lotsin Point Leander Drive. The Precinct Plan identifies eight sub-precincts within the town centrezone and also defines permissible land uses for each.

Dongara Town Centre Revitalisation Plan (2014)

The Dongara Town Centre Revitalisation Plan is designed to be the basis for the Town’s short,medium and long term development. It is designed to partner with the District Structure Planand provide a framework for redevelopment.

Port Denison Foreshore Master Plan 2013

The study area extends from Granny’s Beach in the north to the obelisk precinct in the southand is bound on the east side by Point Leander Drive.

The document provides precinct planning concepts for the areas of Port Denison foreshore(core area adjacent to existing commercial area), Fisherman’s Hall (two options), GranniesBeach, Boat Ramp facility, and Obelisk (located at the southern point of the Port.

Shire of Irwin Draft Local Planning Strategy (2016)

Draft LPS 2016 was prepared with a considerable amount of consultation and stakeholder input,and took into account all of the documents mentioned in the preceding paragraphs and thathad been prepared in the preceding years.

After advertising and amendment in the light of submissions received, LPS 2016 was adopted bythe Shire in July 2016 and is currently with the Department of Planning for endorsement by theWAPC. Draft LPS 2016 recommends the following amendments to the LPS No. 5:

− The introduction of new zones – Commercial, Mixed Use, Special Control Area/SpecialPurpose Reserve;

− New or amended provisions;

− Rezoning of specified lots;

− Changes to the use class table;

− Changes to residential densities; and

− Changes to Special Control Areas.

Amendments to a scheme that are consistent with a local planning strategy are considered tobe standard amendments in accordance with Part 5 of the new Regulations.

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Dongara Port Denison District Structure Plan (2014)

The Dongara – Port Denison District Structure Plan (DSP or the Plan) considers the keyopportunities and challenges that affect the twin settlements. The Plan provides a strategicframework to respond to these opportunities and challenges to sustainably grow the townsitein a manner that serves the needs of the community now, and in the future. The DSP wasadopted by the Council and in November 2014.

Dongara District Structure Plan District Water Management Strategy 2013

GHD Pty Ltd was commissioned by LandCorp to coordinate the production of a District WaterManagement Strategy (DWMS) in support of the DSP. In accordance with state governmentplanning framework as outlined in Better Urban Water Management (WAPC, 2008), a DWMSis required to accompany the DSP. A Local Water Management Strategy (LWMS) is required atthe subsequent development plan stage.

DEVELOPMENT ACTIVITY IN THE LOCAL GOVERNMENT AREA

The following is a summary of development activity that has occurred in the local governmentsince the gazettal of the LPS 5 in 2008.

Structure Plans

Local Structure Plan Lots 4, 5 and 10 Brand Highway (2015)

A Local Structure Plan for Lots 4, 5 and 10 Brand Highway, Bonniefield, (north of Francisco Road)approximately three kilometres north of Dongara was adopted in 2015. The structure plan proposes development of the land for residential purposes supported by public open space and is approximately 1.5 kilometres inland from the coast. The development has been designed to fit within broaderdevelopment area identified in the Dongara District Structure Plan.

Local Development Plan

Dongara Tourist Park Local Development Plan (2016)

A Local Development Plan for the Dongara Tourist Park located at Part Lot 3000 / Reserve32182 and Part Reserve 42150 Carnarvon Street / George Street Port Denison (8 George Street,Denison) was adopted in late 2016. This local development plan sets the framework fordevelopment and use within the subject site, and development deemed to be generallyconsistent with this plan does not require the separate planning approval of Council.

Foreshore management objectives indicated on the plan are to be continuously implementedwith the main elements to be in place within 2 years of adoption of the plan.

Lot Creation

The following is a breakdown of current stock of conditional subdivision approvals within theShire of Irwin based on WAPC data for Subdivision Approvals September 2016 Quarter (latestavailable). Note that ‘current stock of conditional subdivision approvals’ relates to approvals foreither the creation of five lots or less not older than three years; or for the creation of more thanfive lots not older than four years.

− Residential – 14 lots.

− Non-Residential – 92 lots.


− Commercial – 0 Lots.

− Industrial – 0 Lots.

− Rural Residential – Special Residential – 90 Lots.

The table below contains data taken from WAPC statistics for final residential subdivisionapprovals (i.e. approved Deposited Plans) between 2008 and 2016. While there are no statisticsavailable to demonstrate how many new titles were actually created from the Deposited Plans,the data presented does provide a strong indication. The table demonstrates that from 2008,there has been a significant decline in the number of lots receiving final approval. Since then,the low number of approvals has remained relatively constant. That said, it should be notedthat Council has recently supported a subdivision application for 86 new residential lots. Thefall in final approvals since 2008 is unlikely to be solely dues to external market forces, as thereis a significant oversupply of residential land within the Shire (particularly in the Residential,Rural Residential and Rural Smallholdings zones, as noted in the Draft Local PlanningStrategy).

The number of residential lots receiving final approval from WAPC

2008 2009 2010 2011 2012 2013 2014 2015 2016 Allyears

Total 67 2 6 2 3 2 0 3 1 86

The Shire of Irwin currently has 22,631 square metres of vacant commercial zoned land,indicating an excess of vacant zoned land to accommodate commercial uses to 2050 (additional17,930 square metres demanded by 2050).

The Shire of Irwin is currently estimated to have 56,282 square metres of vacant industrial land.Industrial land projections indicate that this will only be sufficient to accommodate futuredemand to 2021, with a total additional 186,145 square metres of industrial land required by2050.

Dwelling Commencements

The following table shows that Building Approvals for new houses across all zones peaked at 65in 2008 before dropping off to only 19 in 2016. Since then, approvals have been steadilyincreasing again. The highest demand for housing is in the Residential (193) and RuralResidential (39) zones, followed by the Special Residential zone. Demand for new houses in theRural Smallholdings zone (22) is around only half of that in the Rural Residential zone. TheSpecial Residential zone accommodated 33 approvals. There is very little demand for houses inthe General Farming zone (11) and practically no demand for new houses in the Town Centrezone (2).

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Building Approvals for new houses Jan 2008-2017

Residentialzone

SpecialResidential

zone

RuralResidential

zone

RuralSmallholdings

zone

GeneralFarming

zone

TownCentrezone Total

2008 39 8 8 6 4 652009 17 1 8 5 1 322010 19 5 6 1 1 1 332011 15 3 4 1 1 242012 15 3 1 2 1 222013 22 3 6 0 0 312014 34 5 3 3 1 462015 20 1 2 4 1 0 282016 12 4 1 0 1 1 19Total 193 33 39 22 11 2 300

POPULATION CHANGE

Current Population

The Shire of Irwin has been experiencing above average population growth over the past 10years (1.7% p.a.) compared to the broader region (0.9% p.a.) and State (2.3% p.a.) trends. In2012, the region was estimated to have a total population of 3,675 residents (Source: ABS(2012a), WA Tomorrow (2012) as stated in Shire of Irwin District Structure Plan).

The Shire of Irwin population has an older population (41.8 years) compared to Regional (37.4years) and State (36.8 years) averages. Higher proportions of population aged over 45 years hasbeen created by:

− The popularity of the Shire of Irwin as a place to live and retire in.

− Difficulties in attracting and retaining the younger population due to limited careerand employment opportunities.

In the 2011 Census, there were 1,822 (51.1%) males and 1,745 (48.9%) females recorded.

Predicted Population Change

The Shire of Irwin population has been growing at an above average 1.7% p.a. over the past 10years, with an expectation this will continue at an estimated 1.6% p.a. to reach 4,696 residentsby 2025 (and 6,884 residents by 2050) (Shire of Irwin LPS Review - Future Land DemandModelling Paper, 2014).

The total future dwelling capacity of existing zoned land and future residential land identifiedunder the Dongara-Port Denison District Structure Plan amounts to an overall potentialcapacity of 9,806 dwellings, thereby indicating a substantial surplus in residential land supply(Shire of Irwin LPS Review - Future Land Demand Modelling Paper, 2014).

Population Location

The majority of the Shire’s population is located within the two main town centres of Dongaraand Port Denison.


ConsultationStakeholder consultation relevant to the review of the local planning scheme has beenundertaken in relation to preparation of the district structure plan for Dongara and PortDenison during 2012, and more recently during preparation of the new local planning strategy.Preparation of a structure plan for Springfield will involve stakeholder consultation andadvertising in accordance with the Regulations during the same period in which the scheme isunder review.

GHD ran a community consultation workshop on the 20 September 2012, as part of the processof preparing the district structure plan. This workshop sought to integrate the community’sviews and ideas into the planning of the twin settlements and surrounds.

Extensive preliminary consultation with the community and key stakeholders was undertakenby TPG Planning Urban Design and Heritage between 2014 and 2016 as the basis for preparingthe draft new local planning strategy. This consultation included:

− Letters to landowners, residents and business owners within each of the ‘new policyareas’, inviting people to participate in a workshop. A feedback form accompaniedthese invitations to capture feedback from those unable to attend.

− Details of the LPS review, including its purpose, an overview of the project programand consultation process, made available on Shire’s website and at key locationsincluding Shire’s office and library, highlighting the opportunity to be involved.

− A series of interactive workshops held with community members including residents,landowners, workers and local business people. Each workshop focused on a differenttheme or sub-set of the community, as follows:

− Project Reference Group and Shire Managers;

− Workshop 1 – Business Owners Lunch Session;

− Workshop 2 – Urban Centre;

− Workshop 3 – Rural Living; and

− Workshop 4 – General Landowners

− Feedback forms were received after workshops were held.

− Invitations sent to key stakeholders state agencies, infrastructure agencies/commercialproviders, industry organisations/associations/businesses, industry/resourcecompanies and non-government/not for profit organisations via mail and emailinviting stakeholders to participate.

− Meetings and consultation held with key stakeholders including representatives from:

− Department of Sport and Recreation;

− Mid West Chamber of Commerce and Industry;

− The Chamber of Minerals and Energy WA;

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− Main Roads WA;

− Department of Transport;

− Mid West Development Commission;

− Department of Aboriginal Affairs;

− Department of Water;

− Department of Health;

− Department of Agriculture and Food;

− Department of Lands; and

− DBNGP (WA) Nominees Pty Ltd;

− Written feedback was received from the following stakeholders:

− State Heritage Office;

− Disability Services Commission; and

− Department of Planning (Tourism division);

− A Council debrief session held to capture any final thoughts and clarify any queriesthat has arisen throughout the engagement process.

The draft local strategy was advertised in accordance with the Regulations.

As the local planning strategy is in effect a review of the current planning framework for theShire and the community has been subject to a number of other formal and informalconsultation exercises related to planning in the district, additional consultation for thepurposes of this planning scheme review has been limited to community and Council forumsscheduled for 12 and 13 December 2016.

Given the significant amount of consultation already undertaken in relation to the futureplanning direction of the Shire, it was not considered necessary to undertake furtherconsultation in preparation of this Scheme review. Instead, the forums in December 2016 willallow for discussion and an exchange of information on notable areas of proposed change to thescheme and in particular how this will respond to the local planning strategy.

This approach is considered to be appropriate to avoid ‘consultation overload’ for thecommunity. Detailed scrutiny of the proposed scheme text and maps will subsequently bepossible during the statutory advertising period associated with preparation of a revisedscheme, when further consultation will take place in accordance with the Regulations.


Officer’s comments

PLANNING FRAMEWORK CHANGES

Since the gazettal of LPS No.5, there have been a number of amendments to the Scheme andvarious changes to Local and State Planning Policy and frameworks. The following areconsidered to be the key matters for consideration in the review of LPS No.5.

When the Planning and Development Regulations 2015 (new Regulations) took effect in October2015, they introduced a new Model Scheme Text. The new Regulations require localgovernments to include the new Model Scheme Text in all new or updated local planningschemes, to achieve greater consistency in the schemes across WA. A key aspect of the newModel Scheme Text is the superseding of scheme provisions by the deemed provisions inSchedule 2 of the Regulations, inclusion of consistent reserves and zones and the amendmentof the land use definitions.

Amending LPS No.5 to be consistent with the Model Scheme Text, State planning policy andapproved structure plans, activity centre plans or local development plans would be consideredin a basic amendment in accordance with Part 5 of the new Regulations.

OPERATION OF LPS 5

LPS 5 has operated tolerably well but is outdated. The Shire is keen to remove ‘red tape’ to theextent possible, including amendments to the requirement for development approval for minorresidential extensions where amendments to the R-Codes did not achieve this due to specificprovisions in LPS 5, such as minor development within approved building envelopes in somerural residential subdivisions. Requirements of planning approval of minor development divertsShire resources from more important work and causes unnecessary delay to proponents ofdevelopment that could otherwise be dealt with very simply.

Although Omnibus Amendment 16 to LPS 5 removed some anomalies from the Scheme Text,there remain some provisions that require more comprehensive reworking. The Shire wishes torationalize the number of Special Use zones, as much as possible replacing them with morespecific zones, or introducing greater consistency between the requirements for similardevelopment types.

It is considered that it will ultimately be simpler to revoke the current scheme and replace itwith a new one.

DEVELOPMENT DEMAND

There has been a significant decline in the number of new lots receiving final approval since2008, which is partially a reflection of lower market demand but also the fact that there is asignificant oversupply of residential land within the Shire, as identified in the draft LocalPlanning Strategy. This applies across the Residential, Rural Residential and RuralSmallholdings zones.

The Shire of Irwin currently has 22,631 square metres of vacant commercial zoned land,indicating an excess of vacant zoned land to accommodate commercial uses to 2050 (additional17,930 square metres demanded by 2050).

However it is currently estimated that there are only 56,282 square metres of vacant industrialzoned land. Industrial land projections indicate that this will only be sufficient to accommodate

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future demand to 2021, with a total additional 186,145 square metres of industrial land requiredby 2050.

STRUCTURE PLANS

Since gazettal of LPS 5 there have been a number of precinct plans and one district structureplan produced which have differing implications for the Scheme Area. Amendment 17 to LPS 5was in response to one recommendation of the DSP.

A local structure plan is being prepared for the Springfield locality. It is anticipated that it willnecessitate amendment to the scheme text, and that it will be well advanced, if not concludedwithin the timeframe of the preparation of producing a local planning scheme text consistentwith the requirements of the Model Scheme Text and local planning strategy.

LOCAL PLANNING STRATEGY

The local planning strategy of 2007 has been comprehensively reviewed and a new localplanning strategy adopted in 2016 that is currently awaiting endorsement by the WAPC. Thishas taken into account a number of strategic documents commissioned since gazettal of LPS 5as well as various State planning policies and strategic documents.

CONCLUSIONS

In light of requirements to ensure all local planning schemes comply with the new ModelScheme Text and recommendations of the draft Local Planning Strategy 2016, it isrecommended that a new local planning scheme be prepared. Preparing a new scheme willresult in a more consistent approach to addressing required amendments and produce acohesive document from which the Shire can confidently move forward.

The Council resolved to prepare a new planning scheme at is meeting on 27 September 2016.


RecommendationThat Council, pursuant to Regulation 66(3) of the Planning and Development (Local PlanningSchemes) Regulations 2015 recommend to the Western Australian Planning Commission that:

− a new local planning scheme should be prepared and the current Shire of IrwinPlanning Scheme No.5 be repealed upon the approval of the new scheme.

PMB 11, 11-13 Waldeck Street, Dongara WA 6525

attachments to council items part 2 – planning and

Documents