AMENDMENT No 2
Group Housing in Rural Zone
Lots 26-31 and Lots 56-60 Butcher Street, Bruce Rock
July 2015
CONSULTANTS IN PLANNING,
DESIGN AND MANAGEMENT
(WA) PTY LTD A.B.N. 77 665 477 168
Post: PO Box 202, Mt. Lawley WA 6050 Email: [email protected] Fax: (08) 9370 1363 Tel: (08) 9271 9291
Shire of Bruce Rock Local Planning Scheme No 3 Amendment No 2
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Planning and Development Act 2005
RESOLUTION TO PREPARE AMENDMENT TO LOCAL PLANNING SCHEME
SHIRE OF BRUCE ROCK
LOCAL PLANNING SCHEME NO. 3
AMENDMENT NO 2
Resolved that the local government pursuant to section 75 of the Planning and Development Act 2005 amend the above Local Planning Scheme by:
1) modifying Table 1 – Zoning Table to permit ‘Group Housing’ in a Rural zone as a ‘D’ use;
2) inserting provisions to outline conditions under which group housing may be
approved in a Rural zone;
3) rezoning Lots 26-31 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with a ‘R10/25’ Residential Design Code; and
4) rezoning Lots 56-60 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with an ‘R10/25’ Residential Design Code.
The Amendment is standard under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):
an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment; and
an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area.
Dated this....................day of............................................2016
CHIEF EXECUTIVE OFFICER
CONTENTS ___________________________________________________________________ 1 INTRODUCTION ............................................................................................................ 1 2 EXISTING SCHEME ....................................................................................................... 1 3 BACKGROUND TO PARTS 1 and 2 OF AMENDMENT ................................................ 1
3.1 AMENDMENT PROPOSAL ...................................................................................... 2 3.2 DISCUSSION ........................................................................................................... 2 3.3 PROPOSAL ............................................................................................................. 3
4 BACKGROUND TO PARTS 3 and 4 OF AMENDMENT ................................................ 3 4.1 LOTS 26-31 BUTCHER STREET (Part 3) ................................................................ 3 4.1 THE LAND ............................................................................................................... 4 4.2 PROPOSAL ............................................................................................................. 5 4.2 LOTS 56-60 BUTCHER STREET (Part 4) ................................................................ 6 4.1 THE LAND ............................................................................................................... 7
5 CONCLUSION ............................................................................................................... 8
FIGURES ___________________________________________________________________
Figure 1 - Extract from Existing Table 1 – Zoning Table Figure 2 - Proposed Amendment to Table 1 – Zoning Table Figure 3 - Location Plan of Lots 26-31 Butcher Street Figure 4 - Extract from Bruce Rock Scheme 3 Map Figure 5 - Location Plan of Lots 56-60 Butcher Street Figure 6 - Extract from Bruce Rock Scheme 3 Map
Shire of Bruce Rock Local Planning Scheme No 3 Amendment No 2
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FILE NO……………. PART OF AGENDA.
MINISTER FOR PLANNING
PROPOSAL TO AMEND A SCHEME
1. LOCAL AUTHORITY: Shire of Bruce Rock
2. DESCRIPTION OF
LOCAL PLANNING
SCHEME:
Local Planning Scheme No. 3
3. TYPE OF SCHEME: District Zoning Scheme
4. SERIAL NUMBER OF
AMENDMENT:
Amendment No. 2
5. PROPOSAL To 1 modify Table 1 – Zoning Table to permit ‘Group Housing’ in a Rural zone as a ‘D’ use; 2 insert provisions to outline conditions under which group housing may be approved in a Rural zone;
3 rezone Lots 26-31 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with an R Code of ‘R10/25’ Residential Design Code; and
4 rezone Lots 56-60 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with an R Code of ‘R10/25’ Residential Design Code.
REPORT BY: Shire of Bruce Rock
1 INTRODUCTION The Shire of Bruce Rock seeks the WA Planning Commission’s support and the Hon. Minister’s approval to a Scheme Amendment that seeks to 1) modify Table 1 – Zoning Table to permit ‘Group Housing’ in a Rural zone as a ‘D’ use; 2) insert provisions to outline conditions under which group housing may be approved in a Rural zone; 3) rezone Lots 26-
31 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with an R
Code of ‘R10/25’ Residential Design Code; and 4) rezone Lots 56-60 Butcher Street, Bruce
Rock, from ‘Commercial’ zone to ‘Residential’ zone with an R Code of ‘R10/25’ Residential Design Code.
2 EXISTING SCHEME The Shire of Bruce Rock Scheme No 3 was gazetted on 13 September 2011. The Scheme is consistent with the Model Scheme Text as outlined in the Town Planning Regulations.
3 BACKGROUND TO PARTS 1 and 2 OF AMENDMENT In the existing Scheme a Grouped dwelling is not a permitted use in a Rural zone. In the previous very basic Scheme (gazetted on 23 August 1957) a ‘Residence’ was permitted in a
Shire of Bruce Rock Local Planning Scheme No 3 Amendment No 2
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Rural zone, however the Scheme contained no Zoning Table and only included land in the Bruce Rock Townsite area. Scheme No 1 was a simple Scheme that provided flexibility in the translation of the permissibility of residential uses in the Rural zone.
3.1 AMENDMENT PROPOSAL Figure 1 shows an extract from the existing Scheme (No 3) before this Amendment. Figure
2 shows the proposed change in red. This change needs to be read in conjunction with a new Scheme clause that provides the basis on which the Council may determine whether additional dwellings may be approved on a Rural zoned lot.
FIGURE 1 - EXTRACT FROM EXISTING TABLE 1 - ZONING TABLE
ZONES
USE CLASSES
RE
SID
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TIA
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IND
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RA
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SIT
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RU
RA
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RE
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TIA
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RU
RA
L
Grouped dwelling P D X X D X X
Source: Shire of Bruce Rock Local Planning Scheme 3
FIGURE 2 - PROPOSED AMENDMENT TO TABLE 1 - ZONING TABLE
ZONES
USE CLASSES
RE
SID
EN
TIA
L
CO
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CIA
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LIG
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IND
US
TR
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NE
RA
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IND
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SIT
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RU
RA
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RE
SID
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TIA
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RU
RA
L
Grouped dwelling P D X X D X D1
1 Subject to clause 5.10.
Source: PLANWEST, Shire of Bruce Rock Local Planning Scheme 3
3.2 DISCUSSION The Department of Planning’s default position opposes the permissibility of any dwelling - other than a single house – in a Rural zone. This policy is understood as it could allow, and even encourage, the construction of many houses on a single rural lot, thus making them ‘Grouped dwellings’. The consequence of allowing several houses on each lot in the Rural zone would increase the demands on the Council to provide more services and facilities that may be expected in an urban environment. This has the potential to impose additional pressures on the Council’s resources that are already stretched, and may not be consistent with the objectives of the Rural zone
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However the Council is supportive of allowing the construction of a second dwelling on a rural lot, or even a third under special circumstances where it is for either a family member or worker. To ensure there is no undue pressure for more than three dwellings on a single lot, this Amendment seeks to insert a clause to not permit a fourth dwelling on a single lot in a Rural zone.
3.3 PROPOSAL The Council is keen to permit group housing in the Rural zone under certain conditions. These conditions include establishing the genuine application of the policy to allow workers or relatives to live where they work. The Council considers that there is minimal risk of promoting a surge of such applications as people do not generally want to live in a rural area unless they are related to the owners or have employment on site. The approval of an additional dwelling will not be a basis on which the Council will support subdivision of the land, however this does not impact the application of the WA Planning Commission’s ‘Homestead Lots’ policy. In addition to the change to Table 1 – Zoning Table the following new clause below will be inserted in the Scheme text as follows;
5.10 Residential Development in a Rural Zone
Notwithstanding the right to develop a single house on an existing lot, residential development in the Rural zone shall comply with the specific requirements of the Council, however these shall not be less than the setback requirements specified for the Residential Design Code R2.
The erection of more than one (1) single house per lot will generally not be supported, except where it can be demonstrated that the additional house(s) is for workers’ accommodation or a family member. A maximum of 3 group dwellings will be permitted on a lot in a Rural zone.
The approval of a grouped dwelling in a Rural zone will not be a consideration for the Council to support a subdivision application.
4 BACKGROUND TO PARTS 3 and 4 OF AMENDMENT Parts 3 and 4 of this amendment have been initiated due to the imminent arrival of deep sewerage to the town. The arrival of the reticulated sewerage scheme has been one of the triggers to attract new residential development of a density that has encouraged investment in the town. The construction of the proposed sewerage scheme is due to start in August 2016.
4.1 LOTS 26-31 BUTCHER STREET (Part 3) Figure 3 shows an aerial photograph of the land around Lots 26-31 Butcher Street in Bruce
Rock. This land is the subject to Part 3 of this amendment. Other than the two lots on the corner of Parry Street and Butcher Street (lots 30 and 31) that are used as residential, the balance of the subject land was formally used as a bowling club
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incorporating greens and other facilities. The owners of Lots 30 and 31 have agreed to the zone change. The land was originally designated ‘Commercial’ in the Council’s Scheme No 1 that was gazetted in 1957 with the hope that commercial expansion of the main street (Johnson Street) would require additional land for an expanding commercial precinct.
As Figure 3 shows the development on the west side of Butcher Street is predominantly residential (and is zoned Residential). The Council supports a streetscape where uses on both sides of the road are compatible.
FIGURE 3 - LOCATION PLAN OF LOTS 26-31 BUTCHER STREET Source: Landgate and PLANWEST
The Council has determined that now the bowling club facilities have been relocated to the sports complex on the east side of Railway Street there is no need to retain ownership of the land. The management of grouped recreational facilities in this location provides for better and more efficient management of the infrastructure.
4.2 THE LAND The subject land includes 6 lots totalling 6,043m
2. The table below shows the lot size of each
land parcel. All properties, other than Lots 30 and 31, are currently owned by the Shire of Bruce Rock.
Lot No Area
Lot 26 Butcher Street 1063.62m2
Lot 27 Butcher Street 934.87m2
Lot 28 Butcher Street 1077.59m2
Lot 29 Butcher Street 955.10m2
Lot 30 Butcher Street 1059.50m2
Lot 31 Butcher Street 952.80m2
Source: Landgate
SUBJECT LAND
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Figure 4 shows an extract from the Local Planning Scheme demonstrating the ‘Residential’ zoning on the west side of Butcher Street. Both sides of Butcher Street north of Parry Street are zoned ‘Residential’ providing a streetscape whereby both sides of the road are developed with the same use types thus creating the same activity patterns. The legend for the zone colours are detailed on the Scheme Map shown in the Council resolution.
FIGURE 4 – EXTRACT FROM SCHEME No 3 MAP Source: PLANWEST
4.3 PROPOSAL At the Ordinary Council meeting held on 18 October 2012 Council considered a request from a ratepayer to purchase the subject land. At that meeting Council resolved to request that the proponent present Council with a submission prior to proceeding with any further decision. The submission is to include;
Planning Application
Concept Plans
Business Plan
Supply of Utilities
SUBJECT LAND
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Council considered the matter at the November 2012 Council meeting and resolved to meet with the proponent to further discuss the proposal and respond to Council at the Ordinary Meeting in December 2012. The proponent has agreed to progressively develop the land for residential uses; however densities greater than R10 (or one dwelling per 1,000m
2) will not be possible until the Bruce
Rock townsite is serviced with deep sewerage. Several reports were prepared in the 1980s and 1990s strongly suggesting that the townsite be provided with deep sewerage due to the impervious nature of the ground. The Council considers the lack of a deep sewerage system is increasing the risk to public health; however the Council has had no success in securing the necessary funds to carry out the works. At a subsequent Council meeting the Council resolved to initiate a Scheme Amendment that will provide for additional residential development - with the potential for more appropriate densities when deep sewerage is provided in the town.
4.4 LOTS 56-60 BUTCHER STREET (Part 4) Figure 5 shows an aerial photograph of the land around Lots 56-60 Butcher Street in Bruce
Rock. This land is the subject to Part 4 of this amendment.
As Figure 5 shows the development on the west side of Butcher Street is predominantly residential (and is zoned Residential). The Council supports a streetscape where uses on both sides of the road are compatible.
FIGURE 5 - LOCATION PLAN OF LOTS 56-60 BUTCHER STREET
Source: Landgate and PLANWEST
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The northern two lots (56 and 57) are currently vacant with the balance of the land developed with residential development owned by the Council. This land was also originally designated ‘Commercial’ in the Council’s Scheme No 1 (gazetted in 1957) with the hope that commercial expansion of the main street (Johnson Street) would require additional land for an expanding commercial precinct. The Council has determined that now this land is better developed with housing now that the town’s deep sewerage system is imminent.
4.5 THE LAND The subject land includes 5 lots totalling 4,943m
2. The table below shows the lot size of each
land parcel. Lots 58-60 are currently owned by the Shire of Bruce Rock.
Lot No Area
Lot 56 Butcher Street 1012m2
Lot 57 Butcher Street 1012m2
Lot 58 Butcher Street 1012m2
Lot 59 Butcher Street 1012m2
Lot 60 Butcher Street 1012m2
Source: Landgate
Figure 6 shows an extract from the Local Planning Scheme demonstrating the ‘Residential’ zoning on the west side of Butcher Street. Both sides of Butcher Street north of Parry Street are zoned ‘Residential’ providing a streetscape whereby both sides of the road are developed with the same use types thus creating the same activity patterns. The legend for the zone colours are detailed on the Scheme Map shown in the Council resolution.
FIGURE 6 – EXTRACT FROM SCHEME No 3 MAP Source: PLANWEST
SUBJECT LAND
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5 CONCLUSION The Council requests the WA Planning Commission’s recommendation, and the Ministers approval to progress with this standard amendment proposal once the documents have been referred to the Environmental Protection Authority.
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PLANNING AND DEVELOPMENT ACT 2005
Shire of Bruce Rock
TOWN PLANNING SCHEME No. 3 AMENDMENT No 2 The Bruce Rock Council under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above town planning scheme by:
1) modifying Table 1 – Zoning Table to delete the ‘X’ against ‘Group Housing’ in a Rural zone and inserting a ‘D
1’, and adding a footnote to the Table as follows;
‘
1 Subject to clause 5.10’
2) inserting a new clause as follows;
‘5.10 Residential Development in a Rural Zone
Notwithstanding the right to develop a single house on an existing lot, residential development in the Rural zone shall comply with the specific requirements of the Council, however these shall not be less than the setback requirements specified for the Residential Design Code R2.
The erection of more than one (1) single house per lot will generally not be supported, except where it can be demonstrated that the additional house(s) is for workers’ accommodation or a family member. A maximum of 3 group dwellings will be permitted on a lot in a Rural zone.
The approval of a grouped dwelling in a Rural zone will not be a consideration for the Council to support a subdivision application.
‘
3) rezoning Lots 26-31 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with an ‘R10/25’ Residential Design Code; and
4) rezoning Lots 56-60 Butcher Street, Bruce Rock, from ‘Commercial’ zone to ‘Residential’ zone with an ‘R10/25’ Residential Design Code.
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PLANNING AND DEVELOPMENT ACT 2005
Shire of Bruce Rock
TOWN PLANNING SCHEME No. 3 AMENDMENT No. 2
ADOPTION Adopted of this standard amendment by resolution of the Council of the Shire of Bruce Rock at the Ordinary Meeting of the Council held on the ………………………... day of …………………20….
……………………… ………………………. PRESIDENT Date ………………………. ……………………….. CHIEF EXECUTIVE OFFICER Date
FINAL APPROVAL Adopted for final approval of the Shire of Bruce Rock at the meeting of Council held on the …………………………………... day of …………………….. 20…. and the Common Seal of the Shire of Bruce Rock was hereunto affixed by the authority of a resolution of the Council in the presence of:
……………………… ………………………. PRESIDENT Date ………………………. ……………………….. CHIEF EXECUTIVE OFFICER Date
RECOMMENDED/SUBMITTED FOR FINAL APPROVAL
…………………………………………………… ……………………… DELEGATED UNDER S.16 OF PD ACT 2005 Date
FINAL APPROVAL GRANTED
………………………………………………….. ……………………… MINISTER FOR PLANNING Date
Seal
