shire of augusta-margaret river ordinary council meeting 11 … · 11.2.2 attachment 1. shire of...

SHIRE OF AUGUSTA-MARGARET RIVER ORDINARY COUNCIL MEETING 11 JUNE 2014

SUSTAINABILITY ATTACHMENTS


11.2.1 - SCHEME AMENDMENT 20 AND PROPOSED STRUCTURE PLAN

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11.2.1 Attachment 1


11.2.2 - PUBLIC OPEN SPACE STRATEGY - FOR FINAL ADOPTION

SCHEDULE OF SUBMISSIONS – DRAFT PUBLIC OPEN SPACE STRATEGY Community Consultation - February to April 2014

Subm. No.

SUBMITTER (Name & Address) SUMMARY OF COMMENTS OFFICER COMMENT RECOMMENDATION

Community/public submissions

Reserve 31296 Elva Street 1 Petition signed by

66 persons from various localities in the Shire’s of AMR and Busselton.

Opposed to selling of POS as it is short-sighted and does not consider future needs in terms of the increasing need for parks as population density increases, impact on land prices, and the visual, ecological and environmental impacts. Requests that Reserve 31296 Elva St be retained as POS and not sold for residential development.

The draft POS Strategy is attempting to address the improvement and ongoing sustainable management of POS for the benefit of the community generally. The Shire acknowledges the concerns of residents in this matter and also that there are two legitimate but conflicting positions to be considered i.e. the broader issue of the Shire’s responsibility for the long-term development and management of POS assets within the constraints of limited resources vs the loss of Reserve 31296. The POS network in Margaret River provides relatively good access to POS for residents although some additional recreation facilities may be required. Any marginal increase in residential density in the vicinity of Elva St would be adequately serviced by other POS in the area e.g. Barrett St/foreshore (200m), McLeod Pl (300m) and Memorial Park (350m). Notwithstanding the existing larger trees, Reserve 31296 is considered to have limited habitat value compared to habitat on other reserves in Margaret River.

That no change be made to the Strategy in relation to Reserve 31296.

2 P Wright 15 Fraser Road Applecross

Re: Lot 59 Elva St – agree that the land should be rezoned and sold for private use.

Noted. That no change be made to the Strategy in relation to Reserve 31296.

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11.2.2 Attachment 1


Subm. No.


3 J Pardoe 54 Tunbridge St Margaret River

Objects to loss of recreational space as population density is increasing and these pockets of land will become more valuable as they are – selling them is short-sighted and impossible to reverse in the future. The loss of trees is also a major issue.

Refer to response to Submission 1 above. The POS network in Margaret River provides relatively good access to POS for residents and retention. While acknowledging that Reserve 31296 could function as a passive park, there are considered other opportunities for passive recreation in the area.


4 A Pardoe 54 Tunbridge St Margaret River

Objects to rezoning and sale of POS as these areas are protected for an important purpose which only becomes more vital as more land is developed. Environmentally and visually, these areas are vital to the community and the ecology.

Refer to response to Submission 1. The importance of POS is acknowledged however the POS network in Margaret River provides relatively good access to POS for residents and retention of Reserve 31296 is not considered essential to this outcome.


5 K Dixon 10 McLeod Pl Margaret River

Objects to sale of community assets including Reserve 31296 as it is short-sighted. Need to think about the value of POS among homes and the clean air from trees in Elva St.

Refer to response to Submission 1. That no change be made to the Strategy in relation to Reserve 31296.

6 C Hunt PO Box 274 Margaret River

Opposed to rezoning of reserve in quiet neighbourhood to multiple dwellings due to impacts on property values and lifestyles, and loss of shade, shelter and noise buffer. The infill of older streets is changing the desired character. The upgrades of POS should not be at the expense of other POS. POS is already scarce in the town centre.

Refer to response to Submission 1.


7 R Pol PO Box 227 Margaret River

Objection. Parks are for balance – a vital amenity for the public. Reserve 31296 is a unique piece of land with bushland in the suburbs which belongs to the community.



8 W Pol PO Box 227 Margaret River

Objects to removal of parks. POS is an integral part of suburbia and Reserve 31296 has a healthy stand of marri trees. Any development should occur on a bare paddock without impacting trees and parks in the town.



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Subm. No.


9 A McKay 24 Elva St Margaret River

Opposes the sale of POS – bought property in Elva St partly because of outlook to park, trees and recreational space. Also, development for affordable housing will decrease the land’s value.



10 O Matthews 16 East Willmott Ave Margaret River

Opposed to sale of POS. It is important to maintain POS for future recreation development and use as population density increases; and to maintain an aesthetic and ecological balance in urban areas.



11 N Hickey 905 Rosa Brook Rd Rosa Brook

Opposed to sale of POS as this land was gazetted POS and land has been purchased with that in mind. These pockets of POS enhance town living for local people to enjoy and should not be sold for ‘quick revenue’.



12 J Clark 121 Bussell Hwy Margaret River

Opposed to POS Strategy – POS should remain POS for the community to enjoy and not used to raise revenue.



13 R Dilkes 5690 Caves Rd Burnside

Opposes the sale of Crown land granted by a developer as POS in perpetuity. The reserve should be retained as it used as a local park. If the Shire requires additional revenue it should increase the density of inner town lots and thereby increase rate revenue.

Noted, the density of the town centre surrounds as far as Le Souef St is already coded R30/R40 for medium density residential development however Elva St is still coded R15 and R20 as it is more suburban in nature. Refer to response to Submission 1.


14 J Dilkes PO Box 160 Margaret River

Considers proposal short-sighted – properties will be de-valued due to loss of mature trees and safe recreation area close to houses. Loss of POS will impact on residents as the population grows.


15 M Chadwick 34 Bovell Ave Margaret River

Opposed to sale of Reserve 31296 in Elva St – with all the subdivisions being opened up in the area, all POS should remain as POS.


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Subm. No.


16 T Hoffman PO Box 220 Margaret River

Opposed to POS Strategy – POS should be retained for the community to enjoy. As population density increases, POS will provide visual, ecological and environmental amenity and a safe place for children to play. Revenue should not be raised by taking parks away from the community. Concerned about advertising of draft Strategy in local newspapers – no mention of selling POS.



17 S Laskey PO Box 160 Margaret River

Dismayed that POS can be rezoned for development if the strategy is changed. This POS is quite beautiful, natural and is used by the public – these open spaces are needed by the community, please do not change for financial reasons.



18 K Dixson 10 McLeod Pl Margaret River

This open space in a populated area contains the oldest trees in the town – have some vision and appreciate the value of POS in suburban structure and landscape.

Noted. Refer to response to Submission 1. That no change be made to the Strategy in relation to Reserve 31296.

19 Y Suares 25 Shirley Ave Mt Pleasant

POS is essential for the well-being of the community and the environment – they are a place where people can meet, play, think or enjoy nature.

Agreed. Refer to response to Submission 1. That no change be made to the Strategy in relation to Reserve 31296.

20 T de Graaf 9 Elva St Margaret River

Opposes development of the reserve as it will change the ecological and sociological nature of the street in a way that devalues it for the current residents. The reserve comprises ecological diversity and is a quiet, safe and natural area for children to play in.



21 K Luciano 10 McLeod Pl. Margaret River

Objects to selling the reserve as the dense and mature trees will need to be cleared for development – once cleared they are gone forever. POS provides visual, ecological and environmental amenity which enhances the quality of life for residents.



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Subm. No.


22 W Rose 46 Willmott Ave Margaret River

Objection. 1. The Shire’s intent to acquire this Reserve

has been floated many times. The Shire would need to purchase it from the state gov. and it would be negligent of the State to dispose of this asset for less than market value.

2. For the Shire to be making money from real estate is surely outside normal terms of practice. Don’t accept that affordable dwellings would be achieved.

3. The Reserve serves as an island of bird life and is enjoyed daily for its visual and natural appeal.

4. How can the Shire take away POS that is vital for sustainable, liveable neighbourhoods especially with infill development occurring nearby?



23 W Hinchcliffe 5604 Caves Rd Margaret River (84 Princes Rd Doubleview 6018)

Strongly disagree that Crown land next to the above property be sold for a housing development. This land was granted to the Crown for community use in perpetuity.



24 N Hinchcliffe 84 Princes Rd Doubleview 6018

This POS would have been given up by the developer for the benefit of the surrounding residents. These small well-treed parks are essential to breaking up the monotony of treeless urbanisation and providing habitat for wildlife. The Shire has no right to destroy this.


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Subm. No.


25 L Dilkes-Hoffman 5690 Caves Rd Margaret River

Opposed to the clearing and development of Reserve 31296. POS should be respected as an asset to any community. It is a shame that the Shire neglects to recognise the importance of POS for residents, flora and fauna. Green space increases the general population’s sense of well-being.


26 A Dilkes-Hoffman 5690 Caves Rd Burnside

Strongly opposed to the short-sighted choice to develop Reserve 31296. The site has ecological, aesthetic and health benefits that the Shire will be neglecting to pursue development. It is important to ensure that short-term advantage doesn’t jeopardise long-term community interest.


27 D Richardson 12 Nixon Cr. Margaret River

Accordingly to the Dept of Sport and Recreation POS can increase aesthetic appeal, amenity and value of a neighbourhood. POS affords many benefits socially, culturally, environmentally. Don’t sell off this community asset to offset Council financial mismanagement – take a long-term view of this space and think of the future community uses.


28 S Elliott 14 Elva St Margaret River

We moved here for nature, trees etc – should keep it.


29 D Galeani PO Box 682 Cowaramup

This space will increase congestion in town and alter the neighbourhood. Many children live in the area and use that space – increasing traffic will make this area unsafe for children who play on the street.


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Subm. No.


30 C Baker 122 Railway Tce Margaret River

This habitat has a beneficial location for fauna and humans – it provides a green space between residences creating a unique ambiance that would be missed. (PS. The Memorial Park playground has been destroyed by the Shire!)


31 P Norris 21 Brumby Pl Margaret River

POS is for permanent public use and as Margaret River grows these spaces become more important. To even consider selling them off to boost Council coffers is a crime and a shameful act by Council.


32 A Uharl 3 Nixon Cr Margaret River

Opposed to sale of this green space for housing – prefer to enjoy the green space to walk my dog and children for native animals/bird habitat.


33 T Hartwell 3 Nixon Cr Margaret River

Opposed to Shire selling State owned land for profit and high density housing – the land should remain clear of interference and be a place for recreation for future generations.


34 K Galeani PO Box 682 Cowaramup

Selling of POS is a short-sighted approach for the community – people came to Margaret River for the environment – this will detract from our town.


35 M Burchmore 17 Nixon Cr Margaret River

Totally against such development as a resident – there are many children in this area who use the park to play in. Please look elsewhere!


36 R Crain 122 railway Tce Margaret River

The appeal of Margaret River includes the open spaces and the fact we’re not overcrowded. People want a different lifestyle – room to move, nature play for kids and a place to run dogs. Please don’t turn us into suburbia!


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Subm. No.


37 Dr I Asmussen 18 Bovell Ave Margaret River

The ambience of Margaret River is based on clean ocean meeting tall forest – removal of POS with mature trees would be a loss – the space provides habitat to native animals and is used for dog exercising (dogs should not be exercised in the nearby river forest). Hope the shire reconsiders the sale of POS – it is one of the last hillside remnants of native vegetation in town.


38 C Huxtable PO Box 789 Margaret River

This is community POS – to use this space for the community of the future is what my concern is.


39 G Wilson PO Box 1012 Margaret River

We need this open space for the community and family comfort especially in the old part of town (everyone to enjoy), rather than a privately developed space.


40 N Hanson 9310 Caves Rd Karridale

This proposal is the thin edge of the wedge with Elva St being the only Shire property asset proposed for sale. These are for short-term gain only due to Shire mismanagement of budget. Prioritise please! This would be great as a community garden for all.


41 D Baldock PO Box 131 Margaret River

Objects to Shire selling off land assets for short-term gain. The Reserve in Elva St has community and natural benefit in terms of mature growth trees. Development will be at cost + loss.


42 D Palitos 39 Fantail Pl Margaret River

This is public open space and should be preserved and used as a park.


43 T Weber PO Box 241 Cowaramup

It is important to keep as many public spaces and playgrounds for children to play.


44 J Lane 426 Carters Ln Margaret River

Public open space is for the community – please value and respect this.


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Subm. No.


45 M Boskell 12 Nixon Cr Margaret River

Opposes the proposal to acquire land from the Crown for residential development and to the loss of significant trees and bird habitat. My house backs on to the Reserve and chose to buy here to live adjacent to the Reserve and also be close to town. This is an old pocket of town that retains its sense of place – as density increases these few remaining green areas hold even higher value for residents. This proposal is a worrying precedent in that it indicates that important areas can be taken from residents in the future.

Refer to response to Submission 1. The precedent for the sale of Reserves in WA has already been established but is subject to a rigorous process, including community consultation.


46 D Chambers 24 Wilderness Rd Margaret River

Concern for the proposal to turn POS into a residential development. Supportive of affordable housing but not at the expense of losing established green space. The Reserve enhances security, social connection and support and should be developed with recreation facilities. The trees are a basis for improving amenity with native sub-story planting to increase biodiversity. It is recommended that the Shire seek cleared sites to develop affordable housing rather than POS leading to loss of amenity in town.


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Subm. No.


47 L Hodson 11 Mann St Margaret River

Objects to selling of Reserve for residential use – it has a different function to Memorial Park or the River foreshore allowing informal play space. POS is valuable for long-term landscape amenity/ vegetation protection and should not be sold for short-term gain – terms such as affordable housing are ploys with little substance. Surveillance can be improved in conjunction with the community.


48 P Geersen 44 Willmott Ave Margaret River

This POS (adjacent to my property) is there for use by our children to play in – they should not have to go into town or the forest to play. We also don’t need cluster living in this area. That is why we live here.


49 K Smith 14 Nixon Cr. Margaret River

Supports redevelopment of POS as a positive step to address increasing demand for housing subject to: 1. choosing residents carefully, and 2. building appropriate housing with MR style

and character, not cheap & ugly.

Noted – the provision of more affordable and innovative housing is supported by the Shire.


Reserve 41705 Stephenson Street 50 I & L Easton

PO Box 244 Augusta

Supports retention of portion of Reserve 41705 Stephenson St between Watterson and Chamberlain as POS. Some concerns raised about disposal of reserves when, once sold, it will be difficult to get back and there are many vacant lots already available in Augusta.

Support for the recommendation to retain the central portion of this reserve, and dispose of the remaining portions is noted. The sale of the POS will occur at such a time so as to maximise the return to the community.

No change to the Strategy is necessitated by this submission.

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Subm. No.


51 G Dempster PO Box 397 Augusta

Re: Lot 848 (2) Watterson Close. 1. Objects to residential rezoning of Reserve

41705 immediately adjacent to Lot 848. 2. Unfair that portion of Reserve is to be

rezoned when owners have built homes in the knowledge that POS was in place.

3. Property at Lot 848 would be severely affected in terms of views to bushland, impact on current lifestyle and impacts of vegetation clearing on existing water logging.

The subject land does not require rezoning as notwithstanding the fact that it is a reserve, it is zoned ‘Residential’. Agree – unlike the eastern portion of the reserve, the western portion directly abuts Lot 848 and therefore should be treated differently.

That the strategy be amended such that the portion of reserve abutting Lot 848 is retained rezoned together with the central portion to ‘Parks and Recreation’ therefore offering them with a high level of protection from alternative uses.

52 W & J Green 55 Murchison Way Gosnells

Re: 10 Allnut St – no objection to the sale of Lots 865 and 867 Stephenson St (portion of Reserve 41705) but would like to see the Reserve (Lot 866) kept for a playground.

Agreed. The intention of the POS Strategy is to retain the portion of Reserve 41705 between Watterson Cl and Chamberlain Pl as POS.


53 D Goddard PO Box 170 Augusta

Re: 16 Chamberlain Pl. 1. Would be sorry to see this POS developed

as residential as the park is used by young families and native fauna.

2. Sceptical that any financial gain would be directed to this area - concerned that there is currently no decent park in Augusta for families and that roads have not been improved.

1. It is not proposed to dispose of the portion of POS which accommodates the park (playground)

2. If approval from the State Government to dispose of the POS is obtained, it will be conditional on the money being spent in the area. This will provide an opportunity to improve existing parks, as requested by the submitter.


54 H Gerritsen PO Box 415 Augusta

The subdividers were required to provide POS and residents would have bought their land because of this POS. With this in mind, Reserve 41705 should be retained as POS. However if portion is sold, the proceeds should benefit Augusta directly.

Noted. However it is not inappropriate for urban areas to change and evolve over time. See also response to submission 53.

See recommendation in response to submission No 51.

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Subm. No.


55 R Crabtree, H Blum PO Box 139 Augusta

Bought in Watterson close because of surrounding environment and tree-lined streets - proposed changes could severely devalue the location. Rezoning is an unfair act that reduces trust in the Shire.

The proposal will not change the existing tree lined streets nor the access of Watterson close residents to the playground which is to be retained. The land will not be rezoned, as it is already zoned Residential. The Shire seeks to earn the trust of residents by prudently managing its finances and providing sufficient and well managed public spaces for residents as recommended by the Strategy.


56 J & J Ballantyne 4 Chamberlain Pl Augusta

Purchased in Chamberlain Pl due to the nearby Reserve – would not like to see it removed. Chamberlain Pl is increasing in population and is becoming very busy with traffic. The playground and reserve is of great benefit to the locals and visitors alike for its recreation values.

Refer to comment for Submission 53 regarding retention of the playground. It is extremely unlikely that the development of additional dwellings at the entrance to Chamberlain Place would increase traffic on Chamberlain Place which is culdeac road.


57 S Bussau 8 Allnut St Augusta

Opposed to sale of this reserve as its value needs to be allocated to the recreation needs of the community. Adjacent school playground is not accessible. Playground areas in Augusta are inadequate - hopefully the Shire is addressing this.

Refer to comment for Submission 53 regarding retention of the playground and improvement of POS in Augusta.


58 V Prosser nee Bussau PO Box 346 Guildford

Opposed to rezoning of reserve – disagrees that it is surplus due to its proximity to the foreshore or Civic Park. It benefits those restricted in movement and easier access to parks increases park use. Land use planning now seeks to encourage physical activity via easy access to parks. There are many health, community and social reasons for retaining and improving POS. It is irresponsible to sell off POS

Refer to comment for Submission 53 regarding retention of the playground and improvement of POS in Augusta. The Strategy has been designed to maintain good access to POS for all of the community in line with contemporary planning principles.


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Subm. No.


59 E Jacoby 29 Jutland Pde Dalkeith

Objects to sale of any POS. Sale of the reserve will impact on the community and was a requirement that enabled the adjacent residential development to occur. The reserve is under-used because the Shire has failed in its obligations to provide sufficient infrastructure which would enable its use.



60 M Jacoby 29 Jutland Pde Dalkeith

It is ridiculous to say that parts of this reserve are surplus when the POS enabled the residential development to occur. The shire’s neglect of its duty to develop the POS for recreation is no reason to sell it now – the whole reserve should be retained for future generations.



61 E West PO Box 26 Karridale

Please leave this POS as is – the people who bought the adjoining lots would expect the POS to remain as is and not be sold. It is disappointing that suburbs are developed with these areas only to have them subsequently removed when criteria changes.

Refer to submission 51 for response relating to neighbour expectations


62 JA Stevens 31 Paterson Gardens Winthrop

Opposed to disposal of any part of Res. 41705. The reserve provides a high level of amenity to nearby residents. It provides a buffer to possible future development of the land to the north of Stephenson St and should be kept to preserve the level of amenity expected when residents purchased in this area. The retention of these areas of POS helps to preserve the atmosphere that attracted residents to Augusta originally.

Development north of Stephenson Street is limited given that it consists of a school site inclusive of a wide vegetated area on its southern boundary. Refer to submission 51 for response relating to neighbour expectations


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Subm. No.


63 B Bowden PO Box 101 Augusta

Short-sighted to sell these public assets – against resuming these areas and seeing more houses built. Doubts if any monies received from the sale of these assets will be spent in Augusta – once sold, the POS and future accumulating value will be lost.

Refer to comment for Submission 53. The advertised draft POS Strategy is attempting to address the improvement and ongoing management of POS in Augusta. There is a process through which local government can acquire reserves at the Minister’s discretion - the Shire is required to expend any income from surplus reserves on the improvement of POS in Augusta.


64 L Bumbak 12982 Bussell Highway Kudardup

Opposes sale of reserve because: 1. Funds are not yet required as options are

in planning stages e.g. prepare master plan for Civic Park, implement master plan for Ellis St Jetty Precinct.

2. Strategies for the upgrading of reserves outside Augusta are well developed and sale of Augusta POS could well be diverted to other localities - there is no guarantee that monies raised would be used solely in Augusta. While funds are indicated to be spent in ‘the area’ there is no definition of this.

3. POS is important environmental protection through habitat and biodiversity.

4. Funds from the sale of this reserve could be used to buy portion of Turner Caravan park for POS – a 100 metre strip with facilities along the River would be a focal point for the town.

1. The advertised draft POS Strategy is attempting to address the improvement and ongoing management of POS in Augusta. Refer to comment for Submission 53.

2. There is a process through which local government can acquire reserves at the Minister’s discretion - the Shire is required to expend any income from surplus reserves on the improvement of POS in Augusta.

3. Acknowledged.

4. Noted.


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Subm. No.


65 C Lyons 13 Allnut St Augusta

Opposes selling of reserves as a means of raising funds which is a short-sighted approach to solving budget short-falls. 1. Residents were attracted to the area

because of the POS and there is an expectation that they would continue to benefit from the reserve, and that it would be improved accordingly.

2. The reserve fits with the stated objectives of the strategy and would benefit the community if improved.

3. Civic Park is not as suitable for passive recreation as local parks are and the foreshore is not a viable alternative due to steep gradients and the aging population.

4. Provision for upgrading of other POS should come from normal revenue not the forfeiting of assets.

Refer to comment for Submission 53. The advertised draft POS Strategy is attempting to address the improvement and ongoing management of POS in Augusta. There is a process through which local government can acquire reserves at the Minister’s discretion - the Shire is required to expend any income from surplus reserves on the improvement of POS in Augusta.


66 G & D Reynolds 11 Allnut Tce Augusta

Objection. 1. Important when Lot 112 was purchased

that the land in question was POS and there was not housing across from residence (No. 11).

2. Funds raised would not be spent in Augusta.

1. Noted – refer to comment for Submission 53. 2. Funds raised from the disposal of recreation

reserves are required to be expended on other POS in the locality as an outcome of the POS Strategy.


67 K Hastie 13 Allnut Tce Augusta

Opposed to the sale of POS on planning, social, financial and legal grounds.

1. No detail available to explain how the reserves are considered surplus or exactly where funds would be expended in the ‘locality’.

2. Planning issues: POS has been given up by developers for the benefit of the community – betrayal of trust for Shire to now sell them – appears the Shire is ignoring its Scheme in terms of considering the original purpose of the reserves.

Refer to comment for Submission 53. 1. The Land Asset Management Plan identifies

reserves which are surplus. Augusta in particular has a large number of reserves which the Shire does not have the resources to develop and manage from rate revenue alone (unless rates can be significantly increased which is not a favoured option).

2. The number, type and distribution of POS reserves in certain areas including Augusta are more than adequate for the purposes of community access to POS – if a small


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Subm. No.


3. Social issues: The presumption that reserves are surplus appears to have been arrived at because the Shire has not improved some POS with facilities that would enable use by the community. There are adequate land supplies in Augusta already – the Shire does not need to be involved in releasing more land from POS. There is a need for local POS in the town and Civic Park and the foreshore do not meet all the needs of the community who live within 400 metres.

4. Financial issues: The sale of POS can only be done once – to rely on parks as a funding source is not good financial planning. The community should not have to forego these parks in order to have others improved. It is not clear how expenditure of any funds raised will be expended in Augusta.

5. Legal issues: the National Competition Policy requires that a gov. agency should not have a commercial advantage over the private sector and this applies to local gov. Where developers have given up 10% of their land for POS it is unfair for the Shire to profit from this by then disposing of the POS.

number are considered surplus, their disposal can assist in the more strategic development and use of other reserves.

3. Margaret River and Augusta have around 48 and 24 POS reserves respectively which require ongoing management – the disposal of a small number of reserves in Augusta and one in Margaret River is not considered to significantly compromise the community’s access to POS although it is acknowledged that many in the community have a different view and landowners adjacent to POS will be more affected than others.

4. Acknowledged, however it is a financial reality that the funding required to develop and manage large numbers of POS reserves is not available via rate revenue in the foreseeable future and the proposed disposal of some POS is seen as an alternative which will enable both the improvement of key parks and the reduction of expenditure on maintenance. The LAMP proposals are designed to enable an alternative source of funding for the improvement of POS in the locality i.e. funds raised from any sale of assets in Augusta will be expended on POS improvements in Augusta.

5. There is a process through which local governments can acquire reserves at the Minister’s discretion but there are a number of considerations and variables that apply and rarely is the acquisition for a lower consideration than market value. The National Competition Policy does not provide for any restrictions on local government land dealings - it is limited to

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Subm. No.


broader statements on competitive neutrality. The Local Government Act provides a process that local governments must follow in the disposition of property, predominantly to serve transparency objectives. If the State wants to dispose of reserves they do this through LandCorp. The provision of POS as a condition of subdivision is not compromised by local governments disposing of land assets as they have always done so from time to time. If the Minister wants to transfer the tenure of a reserve to a local government under whatever circumstances/conditions the Minister sees fit, that is within the Minister’s powers under the Land Admin. Act. Tenure recommendations that pertain to reserves in LAMP are for the purpose of maximising community benefit in light of limited resources to maintain reserves. The State (or Shire) disposing of land assets for the benefit of the broader community does not create any competition with the private sector because the land must be sold at market value.

Reserve 43428 Peters Place

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Subm. No.


68 H Gerritsen PO Box 415 Augusta

Any POS acquired by Council and sold should benefit the community of Augusta and not general revenue. The plan in the Strategy shows the bowls club site as part of the land to be acquired for future development.

The intention of the advertised Strategy was to amalgamate Reserve 43428 with the adjacent unconstructed road reserve and Reserve 22541 to provide for future expansion of the bowls club – no funds were to be raised by amalgamation with the bowls club site. It has emerged that given the services which are located within it (power/water/sewer) it would be problematic to close the reserve and thus this prejudices the Shire’s intended strategy

Given that Reserve 43428 is zoned ‘Residential R15’ it is recommended that the Strategy be modified such that the reserve is offered for sale to adjoining Lots 39 and 42 which share the same zoning.

69 G McDonald 4 Irwin St Augusta

Supports proposal to amalgamate Reserve 43428 with the adjacent unconstructed road reserve and the bowls club provided access from Peters Pl/Eatt St to Blackwood Ave is retained.

Noted. See recommendation in response to submission No. 68.


Objects to sale of POS. The proximity of the foreshore is meaningless as it is unusable for recreation due to slope, vegetation, inaccessibility and private properties. No specific group should benefit from this reserve as it is for all the community not just the bowling club. The Shire should improve the reserve to the appropriate standard for the community to enjoy.

The advertised Strategy does not propose to sell the Reserve. The intention of the POS Strategy (as advertised) was to amalgamate Reserve 43428 with the adjacent unconstructed road reserve and Reserve 22541 to provide for future expansion of the bowls club which is a legitimate community recreation resource. See also comments in respect to submission 68.

See recommendation in response to submission No. 68.


This POS was created for the use of all the community – it is not appropriate to earmark it for exclusive use by the bowling club.

The intention of the POS Strategy (as advertised) was to amalgamate Reserve 43428 with the adjacent unconstructed road reserve and Reserve 22541 to provide for future expansion of the bowls club which is a legitimate community recreation resource. See also comments in respect to submission 68.


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Subm. No.



Suggests that: 1. Eatt Pl is extended to Blackwood Ave and

the remaining land offered to adjoin landowners; or

2. The land could be joined to the bowling club, then subdivided into two lots with access from Eatt Pl only; or

3. Agree with proposal if above not suitable alternatives.

As suggested by the submitter, an alternative strategy relative to this reserve is recommended – see response to submission No. 68.


73 S Rawlings PO Box 110 Denham

It is a great idea to have as much POS as possible. Will the vegetation facing the street be changed?

Noted – no plan to change vegetation at this time.





2. Strategies for the upgrading of reserves outside Augusta are well developed and sale of Augusta POS could well be diverted to other localities - there is no guarantee that monies raised would be used solely in Augusta. While funds are to be spent in ‘the area’ there is no definition of this.




2. There is a process through which local government can acquire reserves at the Minister’s discretion - the Shire is required to expend any income from surplus reserves on the improvement of POS in Augusta as an outcome of the POS Strategy.

3. Acknowledged – portion of the Reserve is proposed to be retained as POS.

4. Noted.


75 I M Adams 17 Heston Ave City Beach

Adjacent landowner in Peters Pl – supports the amalgamation of the unconstructed portion of Eatt Cl with Reserve 43428 and the bowling club reserve to allow for future expansion of the club.

Support for the proposal is noted. See recommendation in response to submission No. 68.

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Subm. No.


Reserve 28016 Stirling Street 76 C Maxwell

PO Box 84 Augusta

Against any sale of green patches including Reserve 28016 Blackwood Ave: Reserve is not used as it is not adequately maintained but is needed as a park - should be improved accordingly and made available to the community – older residents, tourists and young families cannot be expected to walk up and down to the foreshore to access passive recreation.

The sale of some areas of POS, will enable the improvement of others as sought by the submitter. Those identified for sale have been selected in order to maintain reasonable proximity of POS for all residents.



Objects to sale of POS which may be used as a precedent to sell more public assets. Shire has not improved the reserve to the appropriate standard and should seek royalties for regions funding to enable its potential to be achieved. The excuse that the foreshore is only 180 metres away is misleading as it is unusable for recreation due to slope and vegetation.

The precedent for the sale of Reserves in WA has already been established but is subject to a rigorous process, including community consultation. The land does not have significant potential given its small size.



It is not the Shire’s duty to sell POS for short-sighted financial gain. Although small and under-used, it should be retained as a dangerous precedent would be set in relation to selling public land.

The precedent for the sale of Reserves in WA has already been established but is subject to a rigorous process, including community consultation. POS is not proposed to be sold for financial gain, rather in order to invest in the Augusta community.



This is a good lot for selling and developing as residential but it is also important to have pockets of vegetation left – it has a mature tree, serves some unofficial purpose to the community and continues the green feel as one enters Augusta.

Support for the proposal is noted. That no change be made to the Strategy in relation to Reserve 28016.

21


Subm. No.



Opposes sale of this reserve because: 1. Funds are not yet required as options are







3. Acknowledged.

4. Noted.


Reserve 27019 Allnut Terrace 81 G Cain

4/16 Acacia St Bunbury

Adjoins the proposed development and objects to the proposal as the bushland provides a sense of tranquillity; and there are adequate vacant lots for sale that could be used instead of developing bushland.

Acknowledged – the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development. It is considered that this Reserve should be retained and managed as POS.

Modify strategy by removing altogether Reserve 27019 from section 5.3.2 ‘Surplus Reserves’ and from recommendation 42, thus allowing it to be retained for its conservation values.

82 A & C McRobert PO Box 2156 Bunbury

1. No objection to development of Reserve 27019 Allnut Tce subject to the retention of some trees.

2. A balance could be achieved – surrounding residential development relies to some extent on views into the existing vegetation.

3. Concerned about current lack of surveillance and bush fire risk.

1. Noted.

2. Noted.

3. Noted, the fire risk issue should be

managed, possibly via preparation of a fire management plan if necessary.

That the submission be noted and that the fire risk issue on Reserve 27019 be assessed and managed.

22


Subm. No.


83 W & J Green 55 Murchison Way Gosnells

Re: 10 Allnut St – no objection to the sale or rezoning of Reserve 27019 as it is a fire risk which is not maintained or used.

Noted. That the submission be noted and that the fire risk issue on Reserve 27019 be assessed and managed.

84 C & V Douglas PO Box 319 Augusta

Lot 330 Allnut/Hardy. Objects to rezoning of Reserve 27019.

Noted. See recommendation in response to submission No. 81

85 S Bussau 8 Allnut St Augusta

Opposed to sale of this reserve for building lots for which there is no demonstrated demand. The reserve should be retained for future recreation when it becomes possible to develop and landscaped to the required standards.

Noted. The native vegetation retains significant values and would need to be largely cleared to enable conventional residential development.

See recommendation in response to submission No. 81

86 V Prosser nee Bussau PO Box 346 Guildford

Opposed to rezoning of reserve – disagrees that it is surplus due to its proximity to the foreshore or Civic Park. It benefits those restricted in movement and easier access to parks increases park use. Land use planning now seeks to encourage physical activity via easy access to parks. There are many health, community and social reasons for retaining and improving POS. It is irresponsible to sell of POS.

Acknowledged – the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development.



Objects to sale of any POS. This reserve should be parkland cleared and developed with amenities so that the community can enjoy this public asset. The proximity of the foreshore is meaningless as it does not allow for large playing areas or playground equipment. The road frontage can be increased by providing a cul-de-sac. Selling POS sets a precedent for further sales of community land assets.

Acknowledged – the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development. The precedent for the sale of Reserves in WA has already been established but is subject to a rigorous process, including community consultation.


23


Subm. No.



It is the Shire’s duty to provide a perimeter roadway rather than sell off this land because of the Shire’s neglect. Proximity to the foreshore and another park is no excuse to sell reserve for short-sighted financial gain.

Acknowledged – the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development.



This area should be left as it is for the benefit of the community and the adjoining properties. It has many mature trees and habitat benefiting everyone who enjoys the space, notwithstanding that it may not meet certain planning criteria.

Acknowledged – the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development, and therefore should be retained.





2. Strategies for the upgrading of reserves outside Augusta are well developed and sale of Augusta POS could be diverted to other localities - there is no guarantee that monies raised would be used in Augusta. While funds are indicated to be spent in ‘the area’ there is no definition of this.



1. The advertised draft POS Strategy is attempting to address the improvement and ongoing management of POS in Augusta.


3. Acknowledged - the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development, and should therefore be retained.

4. Noted.


91 G & J Macaulay 3 Allnut Tce Augusta

No advantage in changing the position of Reserve 27019 to residential as there are untold numbers of lots available all over Augusta. However, if any money is raised from sale it should only be used in Augusta.

Noted – the native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development.


24


Subm. No.


92 R Apthorp 9 Staines St Augusta

The area in which the lots will be put up for sale will be too small and the entrances to the lots will also be too small.

Noted. See recommendation in response to submission No. 81

93 M Synnot & K Noakes 12 Blackwood Ave Augusta

Objects to sale of Reserve – who is it surplus to the needs of? Civic Park and foreshore perform different functions – where will the cockatoos and other fauna go? The Shire has done little to maintain this POS including no fire breaks. Drainage from nearby development and Staines St causes havoc in our yard and disposal of the POS is worrying. POS has been given up by developers and residents pay more to be near POS – does the community have a case for lawsuit against the Shire as we bought because of the adjacent POS.

Noted – the LAMP identifies some reserves as being surplus to the POS network in terms of the amount and distribution of POS in Augusta. The native vegetation retains significant habitat and landscape values and would need to be largely cleared to enable conventional residential development, and therefore should be retained.


94 S & P Willey 18A Hardy St Augusta (35 Haldane St Claremont)

Disagree with rezoning & sale of R. 27019. Density of surrounding lots has been increased on the basis of Reserve frontage and its value as POS – residential development of POS will impact on the amenity and value of adjacent lots. Shire should manage reserve including fire risk. Development of lots adjacent will address surveillance issue. Reserve is a primary resource with habitat for native fauna. Other parks have different functions and 27019 has a role to play in Augusta in terms of its value to tourism, residential amenity, social outcomes, drainage and recreation etc. Reserve location contributed to decision to purchase our lot and Shire should develop as POS in an appropriate, low-key manner.



25


Subm. No.


95 D & S Francis 16 Hardy St Augusta

Strongly opposed to rezoning of Reserve. The adjoining POS was a major consideration in the purchase of our land due to bushland leisure, and native flora & fauna. POS provides significant benefits to residents – short-sighted to remove this resource for residential development when over 100 properties are listed for sale. In 2005 Council supported density increase for the adjoining lots based on the retention of the POS – the proposal would now compromise this outcome, including negative impact on land values and magnification of drainage issues.



Reserve 37335 Turner Street

26


Subm. No.


96 I Farcich 230A Saint Brigids Tce Doubleview

Objection to sale of Reserve 37335. 1. No need for POS to comply with

requirements for a ‘park’. 2. Premature to rezone to Residential and sell

as there is an over-supply of houses and lots for sale in Augusta.

3. Should retain as much bushland as possible.

The reserve has no constructed road frontage and is completely surrounded by conventional residential development. The former pedestrian access way from York St has been amalgamated with private property. It is not considered suitable for development as a park in terms of the requirements for accessibility and passive surveillance i.e. clear sightlines from paths, roads and buildings. Some of the vegetation can be retained if portion of the reserve is offered for purchase to the adjoining landowners and the remaining portion amalgamated with the adjacent road reserve and converted to freehold for future residential development (on Turner St).

That the Strategy be modified such that a portion of Reserve 37335 be offered for purchase to the adjoining landowners and the remaining portion amalgamated with the adjacent unmade road reserve and converted to freehold for future residential development.

97 G & C Lawtie 98 Woodlands St Woodlands

1. Purchased Lot 430 York St adjacent to Reserve 37335 in the knowledge that the Reserve would be POS.

2. Opposed to the Reserve being used for any purpose other than POS.

3. No objection to Reserve purpose being changed to Nature Reserve or Flora and Fauna.

4. Development of the Reserve would affect views to Flinders Bay.

5. Any development would raise the issue of compensation which could be addressed by offering the land free of charge to adjoining owners.

1. Noted.

2. Refer to comment for Submission 96.

3. Noted.

4. Views may or may not be affected however a

proposal for adjacent landowners to purchase portion of the reserve would largely retain any views.

5. The Shire is obliged to dispose of the land at market value – refer to response No. 5 for Submission 67.


27


Subm. No.


98 M & M Jackson 49 The Ramble Booragoon

Re: Lot 13 (56) Turner Street 1. Reserve 37335 and the adjacent unmade

road reserve should be retained intact as a reserve in its natural state in view of the existing vegetation/habitat and associated amenity values.

2. Would like to purchase 1.5m strip of reserve in order to align boundary with adjacent Lot 100.

1. Noted –

2. The request to purchase a 1.5m wide strip of land from the northern boundary of the reserves has been referred to relevant staff.


99 V Gandy 2 Gale Street Augusta

1. Reserve 37335 is a fire risk and has not been adequately maintained.

2. If developed for housing there needs to be restrictions on height and placement as well as good access from Turner St.

3. York St land owners paid for sea views and this should be considered.

1. A proposal for adjacent landowners to purchase portion of the reserve would address fire risk as they would be privately managed.

2. Acknowledged – any residential development should be subject to development provisions e.g. single storey.

3. A proposal for adjacent landowners to purchase portion of the reserve would largely retain any views.



Objects to sale of any POS. The Shire has neglected its responsibilities and should develop the road reserve so that the POS may be used. The reserve is ideal for wildlife and should be retained. Sale of POS sets a precedent for the sale of even more publically owned land assets.

Refer to comment for submission 96. The precedent for the sale of Reserves in WA has already been established but is subject to a rigorous process, including community consultation.



The Shire should do its duty to develop the adjacent roadway and not sell POS for short-sighted financial gain. The reserve would be ideal for passive recreation and bird life.

Refer to comment for submission 96. See recommendation in response to submission No. 96

28


Subm. No.



1. If sold for development, surrounding properties would have to sell portion of their land for a road access.

2. While recognising the native vegetation and the importance of this POS for residents, this is one that could be disposed of.

1. All surrounding properties already have road frontage to Turner or York Sts and would not need to sell any land for a road access.

2. Noted.










3. Acknowledged – portion of the Reserve is proposed to offered to adjacent landowners (with no additional development rights) therefore much of the vegetation will be retained.

4. Noted.


104 H & L Leys 9 Wishart St Augusta

Objects to survey used in 2010 re: sale of reserves – the Shire seems to have had a preconceived outcome in mind and designed the survey to achieve a preferred outcome, but still only 51% sale agreement. Can the Shire guarantee the proceeds will be used only on recreation projects in the locality?

Noted. There is a process through which local government can acquire reserves at the Minister’s discretion - the Shire is required to expend any income from surplus reserves on the improvement of POS in Augusta as an outcome of the POS Strategy.


29


Subm. No.


105 D Gray 9 Seventh Ave Kensington

Not interested in buying the land as it has not been maintained by the Shire (no fire breaks). Would like to see it converted to a reserve with paths and a cleared area for children to play (remove gum trees). If sold the money must be spent in Augusta.

Refer to comment for Submission 96. The Shire is required to expend any income from surplus reserves on the improvement of POS in Augusta as an outcome of the POS Strategy.


106 N Gallagher 13 York St Augusta (9 Seventh Ave Kensington)

Not convinced that the Shire can do much with this land but has some interest in purchasing adjacent land. Prefers that the land is maintained as natural bushland with a path and resting area and some attention to maintenance and fire risk. If the land is sold the whole L-shaped area from Turner St could be a small retirement home – any funds raised should be spent in Augusta.

Refer to comment for Submission 96. See recommendation in response to submission No. 96

107 D & Y Henderer PO Box 325 Augusta

Object strongly to the plan to sell this land. The Reserve should remain as parks & gardens, possibly as a nature reserve. At the time of purchase we were assured that this land would remain as it is and object to the Shire selling off this and other reserves in Augusta.

Refer to comment for Submission 96. See recommendation in response to submission No. 96

108 G & H Waters 4 Gale St Augusta

Oppose rezoning and residential development of Reserve 37335. We enjoy the reserve in its raw state along with the native animals – threatened western ringtail possums live in the Reserve and all efforts should be made to protect them from additional clearing of habitat.

Refer to comment for Submission 96. Portion of the Reserve is proposed to offered to adjacent landowners (with no additional development rights) therefore much of the vegetation and habitat will be retained.


Reserve 43339 Chardonnay Avenue 109 P & S Hutton

14 Chardonnay Ave Margaret River

Supports rezoning of Reserve 43339 Chardonnay Ave to Parks & Recreation and amalgamation of land parcels – the land is a refuge for native animals and birds.

Noted – the POS Strategy proposes the retention of the whole of Reserve 43339 as POS.


30


Subm. No.


110 B & S Hassell 20 Loneragan St Nedlands

Supports the rezoning of Reserve 43339 Chardonnay Ave/Merlot Pl on the assumption that it is parkland, not private land.



111 D & J Curtin 42 Hermitage Dr. Margaret River

Supports rezoning of Reserve 43339 Chardonnay Ave to Recreation as advertised.



112 H & J Evans PO Box 1394 Margaret River

Re: Lot 22 (25) Merlot Place. The whole area is habitat for wildlife and playground. Supports Reserve 43339 being rezoned for parks and recreation.



113 A & S Hull 12 Chardonnay Ave Margeret River

Supports recommendation to rezone whole of Reserve 43339 to parks and recreation and retain it for that use.

Noted. That no change be made to the Strategy in relation to Reserve 43339.

114 B O’Dea 19 Merlot Place Margaret River

Oppose any development for residential areas – wishes all land to stay as is, as a refuge for native animals and for the attraction of living in a beautiful area.

Noted – the POS Strategy proposes the retention of the whole of Reserve 43339 as POS – no residential development is proposed for this park.


115 S Burton PO Box 776 Margaret River

Supports amalgamation of the land parcels comprising Chardonnay Park as they are characterised by amenity, ambience and access consistent with the Liveable Neighbourhoods policy, and future population demand will necessitate this as prime POS visually and ecologically. Black cockatoos have been observed nesting and feeding in the trees in the reserve.



116 M Burton 43 Hermitage Dr Margaret River

Rezone to Recreation only because kids practice football, fly kites and play in the Reserve, it is the only available POS in the area and is well used for street parties and playgroups etc. Bushland should be available for birds and biodiversity.



31


Subm. No.


117 S Chick & N Weir 17 Chardonnay Ave Margaret River

Supports the rezoning of whole of Reserve to Parks & Gardens – the existing remnant bushland should be retained. The POS was the major reason for investing in this location (opposite a park). POS is important for many reasons including amenity and biodiversity value - it is short-sighted to sell off POS within the town particularly as density increases.



Non site-specific submissions

118 Augusta Community Development Association PO Box 275 Augusta

Association was unaware of LAMP or its implications re: selling POS in Augusta. Implores Shire not to sell POS especially as there is no guarantee that profits will be spent in Augusta. POS should instead be improved for the benefit of future generations There have been many properties on the market in Augusta for some time and the Shire may not be able to generate a profit from the sale of POS.

The draft POS Strategy is attempting to address the improvement and ongoing sustainable management of POS for the benefit of the community generally. The Shire acknowledges the concerns of residents in this matter and also that there are two legitimate but conflicting positions to be considered i.e. the broader issue of the Shire’s responsibility for the long-term development and management of POS assets within the constraints of limited resources vs the loss of some reserves. The POS network in Augusta and Margaret River provides relatively good access to POS for residents although some additional recreation facilities may be required.

No change to the Strategy is necessitated by the submission

119 A & R Roberts 34 Browning Way Munster

Not affected at all. Noted. No change to the Strategy is necessitated by the submission

32


Subm. No.


Government/servicing agency submissions 120 Water Corporation

Leederville WA The Corporation makes no objection to either the Shire’s POS Strategy or the Reserve 31296 Elva Street proposal. While a water supply main fronts the land and a sewage junction is provided at the rear, no Corporation infrastructure contribution credits exist for Reserve 31296. Conversion to freehold will require payment of the relevant contributions and service charges.

Noted.

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INFRASTRUCTURE ATTACHMENTS


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CORPORATE AND COMMUNITY SERVICES ATTACHMENTS


11.4.1 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 13 MAY 2014

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shire of augusta-margaret river ordinary council meeting 11 … · 11.2.2 attachment 1. shire of...

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