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SHIRE OF CARNARVON

Local Planning Scheme No. 11

Updated to include AMD 13 GG 27/07/2018

Prepared by the

Department of Planning, Lands and Heritage

Original Local Planning Scheme Gazettal

11 August 1995

DISCLAIMER

This is a copy of the Local Planning Scheme produced from an electronic version of the Scheme held and maintained by the Department of Planning, Lands and Heritage. Whilst all care has been taken to accurately portray the current Scheme provisions, no responsibility shall be taken for any omissions or errors in this documentation. Consultation with the respective Local Government Authority should be made to view a legal version of the Scheme. Please advise the Department of Planning, Lands and Heritage of any errors or omissions in this document.

Department of Planning, Lands and Heritage Gordon Stephenson House 140 William Street Perth WA 6000

Locked Bag 2506 Perth WA 6001

website: www.dplh.wa.gov.au email: [email protected] tel: 08 6551 9000 fax: 08 6551 9001 National Relay Service: 13 36 77 infoline: 1800 626 477

http://www.dplh.wa.gov.au/

mailto:[email protected]

Shire of Carnarvon LPS 11 Page No. 2

SHIRE OF CARNARVON LPS 11 - TEXT AMENDMENTS

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UPDATED DETAILS WHEN BY

1 24/4/97 30/4/97 DH Part 3 - adding “Resort Development Zone” to sub-clause 3.1.1. Part 3 - adding Clause 3.4 Resort Development Zone. Table 1 - adding additional column “Resort Development” and permitted use. Part 5 - modify sub-clause 5.3.5.3 - Ningaloo Policy area.

2 12/5/98 2/6/98 DH Part 1 - deleting “the Coral Bay Townsite (as shown on the Scheme Maps), and” in Clause 1.3. Part 3 - adding “Coral Bay Settlement Zone” within Part III Zones under Clause 3.1.1. Table 1 - adding “Coral Bay Settlement Zone” as new use class. Part 3 - adding new Clause 3.5 - Coral Bay Settlement Zone. Renumbering Schedule No. 5 to Schedule No. 6. Inserting “Coral Bay Precinct Plan” and “Coral Bay Settlement Plan” (No.94/50/3) as Schedule No. 5. Schedule 6 - adding new interpretations “Bus Terminal”, “Coach/Trailer Park”, “chalet”, “Community Purposes”, “Information Centre”, “Mechanical Repairs” and “Shop (kiosk)”.

6 27/2/09 7/4/09 DH Schedule 6 - adding new use class definition "Workers' Accommodation". Part 3 - deleting and replacing existing Clause 3.5.2.6. Schedule 5 - substituting existing precinct plan with new precinct plan in accordance with DP52556 for Lots 306-309). Schedule 5 - substituting existing Coral Bay Settlement Plan (No. 94/50/3).

7 17/11/09 23/11/09 DH Part 9 - adding new clause "9.7 Delegation of Functions".

8 22/1/13 11/2/13 NM Inserted ‘Tavern – AA’ into clause 3.5.2.2. Inserted Tavern into Schedule 6 – Definition. Modified the Schedule 5 legend.

9 15/2/13 15/4/13 NM Replaced Schedule 5 Map 1.

10 6/8/13 19/8/13 NM Modified the maps relating to Schedule 5 – Coral Bay Settlement Plan. Inserted ‘Caretaker’s Dwelling’ into Clause 3.5.2.5 under ‘Services Trade Precinct’.

11 14/04/15 25/05/15 MLD Amend Schedule 5 (Coral Bay Precinct Plan) to remove both Lot 500 and Lot 301 (Reserve 48282) from the 'Natural Environs Precinct'. Amend Schedule 5 (Coral Bay Precinct Plan) by placing both Lot 500 and Lot 301 (Reserve 48282) within the 'Tourism Precinct’. Amend Schedule 5 (Coral Bay Settlement Plan) to fully reflect both Lot 500 and Lot 301 (Reserve 48282) as an 'eco-tourism resort'.

12 14/03/17 27/03/17 GM Modified Section 3.1.1 Zones by including 'Intensive Horticulture'. Modified Table 1 Zoning Table by including 'Intensive Horticulture' as a new zone. Rezoned portion of Lot 3001 (P50853), Lot 385 (P193585), Lot 415 (P220782), Lot 530 (P70848), Lot 330 (P75102) and Lot 446 (P54526) from 'Rural' to 'Intensive Horticulture'. Replaced Table 1 - Zoning Table with the revised Table 1 -Zoning Table. Modified Schedule 6 - Interpretations to include the following land use classes and their definitions: Ancillary Accommodation, Arts and Craft Studio, Farm Stay, Fuel Filling Station, Hazardous Industry, Home Business, Intensive Agriculture, Intensive Horticulture, Professional Office, Restaurant/Café/Easting House, Seasonal/Staff Workers Accommodation and Wind, Solar or Tidal Energy Facility. Modified the following interpretations in Schedule 6: Home Occupation, Piggery and Poultry Farm. Inserted a new clause 3.6 Intensive Horticulture Zone into Part 111 of the Scheme. Inserted new clause 5.4 SCA 1 – Gascoyne Food Bowl Special Control Area. Scheme Map amended accordingly.

13 27/07/18 30/08/18 DZS Insert reference to the deemed provisions and supplemental provisions in Part 1.4 by inserting new sub-clauses (b) and (c), updating sub-clause (d) and renumbering the sub-clauses accordingly:

Shire of Carnarvon LPS 11

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1.4 (b) the deemed provisions (set out in the Planning

and Development (Local Planning Schemes)

Regulations 2015 Schedule 2;

1.4 (c) the supplemental provisions contained in Schedule A; and

1.4 (d) the Scheme Maps (Sheets 1-14). Update Clause 1.5 to read “The Scheme text is divided into the following parts: Part I Preliminary Part II Reserves Part III Zones Part IV Non-Conforming Uses Part V General Provisions & Policies Part VI Control of advertising Clause 1.6 dot point 4 - replaced reference to the “Country Coastal Planning Policy as published by the Department of Planning and Urban Development” with “State Planning Policy 2.6 State Coastal Planning Policy”. Clause 1.7.2 – replaced Schedule number 6 with 3. Clause 2.1 – replaced ‘Public’ with ‘Community. Clause 3.2.2 – replaced reference to ‘Clause 8.2’ with ‘Clause 64 of the deemed provisions. Table 1 – Zoning Table - deleted the section in the Resort Development column and replaced with ‘The uses permitted within the zone shall be in accordance with the provisions of clause 3.4’. Clause 3.4.1 - replaced reference to the ‘Gascoyne Coast Regional Strategy’ ‘Ningaloo Coast Regional Strategy Carnarvon to Exmouth or the Strategy that supercedes it’. Clause 3.4.2 – deleted and wording replaced. Clause 3.4.15 – renumbered as clause 3.4.3. Clause 3.5.1 i) – replaced ‘a Settlement Plan’ with ‘an approved Structure Plan’. Clause 3.5.1 iii) – deleted and text replaced. Clause 3.5.1 xiii) – deleted and text replaced. Clause 3.5.1 viii) – the following text ‘made generally in the form set out in Schedule 2 of the Scheme and in addition to the requirements of Clause 8.1.2 of the Scheme’ and replaced with ‘made in the form set out in Part 11 of the deemed provisions and in addition to the requirements of Clause 63 of the deemed provisions’. Clause 3.5.1 xv) including (a) to (d) – first paragraph deleted and replaced with ‘Local government may approve an application for temporary development approval in the Planning Precincts subject to the following conditions:’ Clause 3.5.1 xvi) – deleted and replaced with ‘In granting temporary development approval local government shall have regard to the matters referred to in Clause 67 of the deemed provisions and Clause 3.5.1.’ Clauses 3.5.2.1 – 3.5.2.5 Specific Provisions sub-clauses 1 - ‘Settlement Plan’ replaced with ‘approved Coral Bay Settlement Structure Plan’. Clause 3.5.2.6 sub-clause (1) - deleted ‘an Outline Development Plan adopted by the Council and endorsed by the Western Australian Planning Commission (WAPC.)’ and replaced it with ‘a Local Development Plan approved by the local government.’ Clause 3.6.3 – replaced ‘Part 8 of this Scheme’ with ‘Part 9 of the deemed provisions’. Clause 5.3.1.1 - deleted ‘considering any development within’. Clause 5.3.2.1 – deleted and text replaced. Clause 5.3.2.2 – replaced ‘endorsed’ with ‘approve’ and deleted the final sentence that starts with ‘Proponents’. Clause 5.3.3.1 – replaced the term ‘dwelling house’ with ‘residential dwelling’. Clause 5.3.3.2 – deleted and text replaced. Clause 5.3.4.1 – inserted the term ‘Coastal’ ahead of ‘Policy Areas’. Clause 5.3.4.2 – deleted and text replaced. Clause 5.3.4.3 – inserted a new Clause number 5.3.4.3 for the paragraph starting ‘Where a row…’ that currently forms part of Clause 5.3.4.3 and replaced all the text following ‘the side boundaries,’ with ‘the visual amenity of the locality must not be adversely affected’. Clause 5.3.5.1 - deleted that part of the first sentence that reads ‘In considering any application for development or


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proposal for rezoning or subdivision,’.

Clause 5.3.5.1 - deleted the second and third dot points under the second paragraph and reworded text in the final dot point to read ‘within the context of an approved Local Development Plan’.

Clause 5.3.5.2 - deleted the text ‘In considering any development within this Policy Area Council will take into consideration’ and replaced with ‘Within this Policy Area local government will be mindful of’.

Clause 5.3.5.3 – deleted the first paragraph’s final text that reads ‘and would be mindful of these constraints in assessing any proposal for development.’

Clause 5.3.5.3 – deleted the final sentence of the second paragraph that starts with ‘In considering any proposals ...’.

Clause 5.4.5 – replaced the heading ‘Environmental Conditions’ with ‘Environmental Requirements’ and replace the second paragraph with: ‘Where significant flora or fauna habitat are identified as worthy of protection, future environmental conservation reserves, fences and buffers must be shown on Local Development Plans prepared in accordance with Part 6 of the deemed provisions.’

Clause 7.1.2 – deleted and the text replaced with: ‘Applications for local government’s Consent to this Part shall be submitted in accordance with the provisions of Part 8 of the deemed provisions.’

Clause 7.5 – renumbered as clause 7.3 and replaced a portion of the initial sentence with ‘Notwithstanding the Scheme objectives and Schedule A, Clause 61(1)(p) where the local government…’.

Table 2 – deleted ‘Clause 7.4’ from the title and replaced with ‘Schedule A, Clause 61(1)(p)’.

Schedule 6 – renumbered as Schedule 3 and made the following changes to the definitions:

Delete the definition for ‘Advertisement’;

Delete ‘Western Australian Planning Commission Act 1985’ and replace with ‘Act’.

Delete the definition of ‘Act’.

Delete the definition of 'Building Code of Australia'

Delete the definition for ‘Dwelling’ and replace with ‘has the same meaning as in the Residential Design Codes’.

Delete the definition of 'Owner'

Delete the term and definition ‘Residential Planning Codes’

Delete the definition 'Zone'

Delete the reference to the 'Liquor Act 1970 ' and 'Liquor Act 1988' and replace with 'Liquor Control Act 1988' in the following definitions: o 'Boarding House' o 'Private hotel' o 'Restaurant/Cafe/Eating House'

Deleted the following clauses from the Scheme Text, as they have been superseded by the deemed provisions set out in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 3:

Parts VI, VIII and IX in their entirety;

Clauses 2.2; 2.3; 3.4.3 – 3.4.14 (inclusive); 3.4.16; 3.5.1ii); 3.5.1ix); 3.5.1xvi); 3.5.2.3 sub-clause 3; 3.5.2.4 sub-clause 3; 3.5.2.5 sub-clause 4; 5.1.1; 5.1.2; 5.3.1.1; 3.5.1.2; 7.3; 7.4; 7.6; 7.7; 7.9 in their entirety;

Schedules 2, 3 and 4 in their entirety. Inserted new Schedule A – Supplemental Provisions – 61(a)(k), 61(1)(l), 61(1)(m), 61(1)(n), 61(1)(o) and 61(1)(p). Amended the following clauses by removing the cross reference to the clause or Schedule deleted by the amendment and replace them with cross reference to the deemed provisions set out in the Planning and Development

(Local Planning Scheme) Regulations 2015 Schedule 2:

Clause 8.2: Clause 64 of the deemed provisions;

Clause 8.1 and Clause 8.1.2: Clause 63 of the deemed


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provisions;

Schedule 2 of the Scheme: Part 11 of the deemed provisions.

Deleted reference to the following terms and replaced them with the corresponding term throughout the scheme:

‘planning consent’ replace with ‘development approval’;

‘council’ replace with ‘local government’;

‘District Zoning Scheme’ and ‘Town Planning Scheme’ with ‘Local Planning Scheme’;

‘Site Development Plan’ and ‘Overall Development Plan’ with ‘Local Development Plan’;

‘ODP’ with ‘LDP’;

‘permits’ with ‘development approval’;

‘Department of Planning’ with ‘Department of Planning, Lands and Heritage’;

‘Health Department’ with ‘Department of Health’;

‘Shark Bay Region Plan’ with ‘Shark Bay Regional Strategy’;

‘Town Planning and Development Act 1928’ with ‘Planning and Development Act 2005’;

‘Residential Planning Codes’ with ‘Residential Design Codes’.

Renumbered ‘Schedule 5’ as ‘Schedule 2’; ‘Schedule 6’ as ‘Schedule 2’ and modified references throughout the text as required.

Replaced the reference to ‘Clause 3.5.1(xvi)’ in existing Clause 3.5.1xvii with ‘Clause 3.5.1(xv)’.

Replaced the reference to ‘Clause 5.3.1.1’ in Clause 5.3.5.1, 4th dot point, with ‘Clause 5.2.1.1’.

Renumbered the remaining scheme provisions and schedules sequentially; updated any cross referencing to the new clause numbers as required; and updated the contents page.


CONTENTS

PART I - PRELIMINARY ......................................................................................................................... 7

1.1 Citation ...................................................................................................................................7 1.2 Responsible Authority .............................................................................................................7 1.3 Scheme Area ..........................................................................................................................7 1.4 Contents Of Scheme ..............................................................................................................7 1.5 Arrangement of Scheme Text ................................................................................................7 1.6 Scheme Objectives ................................................................................................................7 1.7 Interpretations ........................................................................................................................8

PART II - RESERVES ............................................................................................................................. 9

2.1 Scheme Reserves ..................................................................................................................9

PART III - ZONES ................................................................................................................................. 10

3.1 Zones ...................................................................................................................................10 3.2 Zoning Table ........................................................................................................................10

Table 1 - Zoning Table .........................................................................................................11 3.3 Special Use Zone .................................................................................................................12 3.4 Resort Development Zone ...................................................................................................12 3.5 Coral Bay Settlement Zone ..................................................................................................12 3.6 Intensive Horticulture Zone ..................................................................................................18

PART IV - NON-CONFORMING USES ................................................................................................ 19

4.1 Non-Conforming Use Rights ................................................................................................19 4.2 Extension of Non-Conforming Use .......................................................................................19 4.3 Change of Non-Conforming Use ..........................................................................................19 4.4 Discontinuance of Non-Conforming Use ..............................................................................19 4.5 Destruction of Buildings ........................................................................................................19

PART V - GENERAL PROVISIONS & POLICIES ................................................................................ 20

5.1 Discretion to Modify Development Standards ......................................................................20 5.2 Coastal Policy Areas ............................................................................................................20 5.3 SCA 1 – Gascoyne Food Bowl Special Control Area ...........................................................22

PART VI - CONTROL OF ADVERTISING............................................................................................ 24

6.1 Power to Control Advertisements .........................................................................................24 6.2 Existing Advertisements .......................................................................................................24 6.3 Discontinuance .....................................................................................................................24 6.4 Scheme to Prevail ................................................................................................................24

Table 2 - Exempted Advertisements Pursuant to Schedule A Clause 61(1)(p) ...................25

SCHEDULES ........................................................................................................................................ 27

Schedule 1 - Special Use Sites & Coastal Policy Areas ........................................................................27 Schedule 2 - Coral Bay Precinct Plan ....................................................................................................29 Schedule 3 - Interpretations ...................................................................................................................31 Schedule A – Supplemental Provisions .................................................................................................41 Adoption Of Scheme Text ......................................................................................................................43


PART I - PRELIMINARY 1.1 CITATION

This Local Planning Scheme may be cited as the Shire of Carnarvon Local Planning Scheme

No. 11, hereinafter called ‘the Scheme’ and shall come into operation on the publication of the

Scheme in the Government Gazette.

1.2 RESPONSIBLE AUTHORITY

The Authority responsible for implementing the Scheme is the local government of the Shire of

Carnarvon, hereinafter called ‘the local government’.

1.3 SCHEME AREA

The Scheme applies to the whole of the Shire of Carnarvon, excluding that portion of the Shire covered by Town Planning Scheme No. 10, being the Carnarvon Townsite Scheme.

1.4 CONTENTS OF SCHEME AMD 13 GG 27/07/18

The Scheme comprises:

(a) This Scheme Text;

(b) The deemed provisions (set out in the Planning and Development (Local Planning

Schemes) Regulations 2015 Schedule 2);

(c) The supplemental provisions contained in Schedule A; and

(d) The Scheme Maps (Sheets 1-14).

1.5 ARRANGEMENT OF SCHEME TEXT AMD 13 GG 27/07/18

The Scheme Text is divided into the following parts:

Part I Preliminary

Part II Reserves

Part III Zones

Part IV Non-Conforming Uses

Part V General Provisions & Policies

Part VI Control of Advertising

1.6 SCHEME OBJECTIVES

To promote the continued use of the rural sector of the Shire for productive agricultural pursuits.

To introduce development controls and incentives which will ensure the orderly and proper development of the general rural area of the Shire of Carnarvon, to the overall benefit of the local community.

To encourage the orderly and appropriate development of a range of tourist and recreational accommodation along the coastal sector of the Shire.


To ensure any tourist development along the coast is compatible with broader environmental conservation and land use objectives as defined in the Shark Bay Regional Strategy, the Ningaloo Marine Park Management Plan, and is consistent with coastal management and planning objectives contained within the State Planning Policy 2.6 State Coastal Planning Policy. AMD 13 GG 27/07/18

To encourage rural activity which promotes sound soil conservation practice.

1.7 INTERPRETATIONS

1.7.1 Except as provided in Clause 1.7.2, the words and expressions of the Scheme have their normal and common meaning.

1.7.2 In the Scheme unless the context otherwise requires, or unless it is otherwise provided

herein, words and expressions have the respective meanings given to them in Schedule

3 AMD 13 GG 27/07/18


PART II - RESERVES AMD 13 GG 27/07/18

2.1 SCHEME RESERVES

The land shown as Scheme Reserves on the Scheme Map, hereinafter called ‘Reserves’ are lands reserved under the Scheme for the purposes shown on the Scheme Map and are listed hereunder;

Recreation

Community Purposes AMD 13 GG 27/07/18

Major Roads


PART III - ZONES

3.1 ZONES

3.1.1 There are hereby created the zones set out hereunder;

Rural

Special Use

Roadhouse

Resort Development

Coral Bay Settlement Zone

Intensive Horticulture

3.1.2 The zones are delineated and depicted on the Scheme Map according to the legend thereon.

3.2 ZONING TABLE

3.2.1 The Zoning Table indicates, subject to the provisions of the Scheme, the uses permitted,

or otherwise, within each zone in the Scheme area. The status of each use is determined by cross referencing the list of use classes on the left hand side of the Zoning Table (Table 1) with the list of zones at the top of the Zoning Table.

3.2.2 The symbols used in the cross reference in the Zoning Table have the following

meanings:

‘P’ means that the use is permitted provided it complies with the relevant standards and requirements laid down in the Scheme and all conditions (if any) imposed by the local government in granting development approval;

‘AA’ means that the local government may, at its discretion, permit the use;

‘SA’ means that the local government may, at its discretion, permit the use after notice of application has been given in accordance with Clause 64 of the

deemed provisions. AMD 13 GG 27/07/18

‘IP’ means a use that is not allowed unless such use is incidental to the predominant use as decided and approved by local government.

‘X’ means a use that is not permitted.


TABLE 1 - ZONING TABLE

Rural Road

House

Intensive

Horticulture

Special Use Resort

Development

Coral Bay

Settlement

Zone

Airstrip P X X

RE

FE

R T

O S

CH

ED

UL

E N

O. 1

TH

E U

SE

S P

ER

MIT

TE

D W

ITH

IN T

HE

ZO

NE

SH

AL

L B

E IN

AC

CO

RD

AN

CE

WIT

H T

HE

PR

OV

ISIO

NS

OF

CL

AU

SE

3.4

A

MD

13

GG

27

/07

/18

RE

FE

R T

O C

LA

US

E 3

.5 -

CO

RA

L B

AY

SE

TT

LE

ME

NT

ZO

NE

Ancillary Accommodation X X AA

Arts and Craft Studio X X AA

Aquaculture AA X X

Caravan Park AA AA X

Caretaker’s House IP IP IP

Car Park AA P IP

Camping Area AA AA X

Cemeteries AA X X

Educational Establishment AA X X

Farm Stay SA X SA

Fishing Boat Storage and Repair

AA X X

Fuel Depot AA P X

Fuel Filling Station X X IP

Hazardous Industry X X SA

Home Business X X SA

Home Occupation AA X AA

Holiday Accommodation (Low Key)

AA AA X

Industry - Extractive AA X X

- General AA X X

- Cottage AA X X

- Light X X X

- Rural P X SA

- Service X X X

Intensive Horticulture P X P

Motel AA AA X

Plant Nursery AA AA AA

Road House/Service Station X P X

Office IP IP IP

Piggery AA X X

Private Recreation P P X

Poultry Farm AA X X

Professional Office X X AA

Public Utility P AA AA

Residential - Single Dwelling P X P

- Attached Dwelling AA X AA

Restaurant/Café/Eating House SA X SA

Rural Use P AA X

Seasonal/Staff Workers Accommodation

X X SA

Shop (Kiosk) AA AA X

Tourist Resort X X X


Rural Road

House

Intensive

Horticulture

Special Use Resort

Development

Coral Bay

Settlement

Zone

Transport Depot AA AA X

Warehouse X AA SA

Wayside Stall AA AA AA

Wind, Solar or Tidal Energy Facility

AA X AA

Zoological Gardens P AA X

3.2.3 Where in the Zoning Table a particular use is mentioned it is deemed to be excluded

from any other use class which by its more general terms might otherwise include such particular use.

3.2.4 If the use of land for a particular purpose is not specifically mentioned in the Zoning Table

and cannot reasonably be determined as falling within the interpretation of one of the use classes the local government may:

a) determine that the use is not consistent with the objectives and purpose of the

particular zone and is therefore not permitted, or b) determine by absolute majority that the proposed use may be consistent with the

objectives and purpose of the Zone and thereafter follow the advertising procedures of Clause 64 of the deemed provisions in considering an application for development approval.

3.3 SPECIAL USE ZONE

No person shall use land or any building or structure thereon in a Special Use Zone, except for

the purpose set against that land in Schedule 1 and subject to compliance with any conditions specified in the schedule with respect to the land.

3.4 RESORT DEVELOPMENT ZONE

3.4.1 The purpose of identifying land on the Scheme Map as being within a Resort Development Zone is to enable the planned and progressive development of the land for the purposes of a tourist resort in a manner and at a time appropriate to the orderly and proper planning and development of the land, the locality and the District and in general accordance with the regional planning objectives of the Ningaloo Coast Regional Strategy Carnarvon to Exmouth or the strategy that supersedes it. AMD 13 GG 27/07/18

3.4.2 Subject to sub-Clause 3.4.3, where land is identified on the Scheme Map as being within

a Resort Development Zone, a Structure Plan shall be prepared in accordance with Part 4 of the deemed provisions prior to subdivision or development being approved on the land.

AMD 13 GG 27/07/18

3.4.3 Notwithstanding the foregoing, the local government may, with the consent of the Western Australian Planning Commission, approve any development within a Resort Development Zone without requiring a Structure Plan where, in the opinion of the local government and the Commission, such development is of a minor nature and will not adversely affect the future subdivision or development of land within the Zone.

AMD 13 GG 27/07/18

3.5 CORAL BAY SETTLEMENT ZONE

The following general provisions shall apply to all land contained within the Coral Bay Settlement Zone in addition to specific provisions which apply to individual Planning Precincts and any other Scheme provisions which may be relevant.


3.5.1 General Provisions

Land Use Planning

i) Local government shall consider all land use and development proposals in the Coral Bay Settlement Zone, within the context of the directions set by an approved Structure Plan and having regard to the general goals and provisions included within this Scheme and the recommendations of the Coral Bay Taskforce Report on Infrastructure Requirements for Coral Bay.

AMD 13 GG 27/07/18

ii) Any application for development approval within the Coral Bay Settlement Zone

must be accompanied by a local development plan prepared in accordance with Part 6 of the deemed provisions.

iii) Notwithstanding the provisions of the above paragraph local government may

relax the requirement for a local development plan where local government considers that the development represents a minor extension to an existing activity.

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

connection to both a public water supply and public effluent disposal facility to the satisfaction of the local government and the Department of Health of Western Australia.

v) Notwithstanding of the provisions of the above paragraph, the requirement to

connect to a public water supply system and public effluent disposal system may be relaxed where local government considers that the development represents a minor extension to the existing activity.

vi) A person shall not carry out development of any land within the Coral Bay

Settlement Zone without first having applied for and obtained the development approval of the local government and without having obtained a building license.

Aesthetics and Landscape

vii) Every application for development approval shall be made in the form set out in Part 11 of the deemed provisions and in addition to the requirements of Clause 63 of the deemed provisions shall also include Design Guidelines detailing the character, architectural theme, colours and materials to be used in the development to the satisfaction of the local government. AMD 13 GG 27/07/18

viii) The use of reflective building materials within the Coral Bay Settlement Zone

shall be prohibited.

ix) No building within the Coral Bay Settlement Zone shall exceed 9 metres in height above natural ground level.

x) Local government may require the preparation and implementation of a

landscaping plan as a condition of approval to any land use proposal or development application.

xi) In considering any land use proposal within the Coral Bay Settlement Zone local

government may seek the advice of the State department responsible for environment and conservation prior to determining any application for development approval.

xii) Where any development abuts the coast local government shall require the

preparation of a foreshore management plan to examine potential impacts from the development on the coastal environment.


xiii) Where any development or redevelopment abuts the proposed extension of Banksia Road, local government shall require the applicant to undertake appropriate landscaping treatment along the Banksia Road Reserve frontage to the satisfaction of local government.

Temporary development approval

xiv) Local government may approve an application for temporary development

approval in the Planning Precincts subject to the following conditions: AMD 13 GG 27/07/18

(a) that the period of the temporary use shall be specified and shall not be

greater than three years from the date of approval; and (b) that all trace of any works, building, plant or materials used for the

purposes for which the approval was given shall be removed without claim for compensation at the expiration of the period specified.

xv) In granting temporary development approval local government shall have regard

to the matters referred to in Clause 67 of the deemed provisions and Clause 3.5.1. AMD 13 GG 27/07/18

xvi) Pursuant to Clause 3.5.1 (xv) local government may grant approval to extend the

period of a temporary use provided that the period for the temporary use does not exceed five years in total including all extensions.

3.5.2 Specific Provisions Relating to Planning Precincts

Included at Schedule No. 2 is the Coral Bay Precinct Plan which divides the “Coral Bay Settlement Zone” into individual planning precincts. The following Scheme requirements apply to each Precinct in addition to those General Provisions included at Clause 3.5.1 and any other relevant Scheme provisions.

3.5.2.1 Tourism Precinct

Goal To promote development of a variety of short stay accommodation facilities and associated amenities which are consistent with the overall theme and scale of Coral Bay.

Specific Provisions

1. Land use and development within the Tourism Precinct shall be consistent with the approved Coral Bay Settlement Structure Plan.

AMD 13 GG 27/07/18

2. The following Use Classes apply within the Precinct:

Caravan Park AA

Caretaker’s House IP

Car Park AA

Camping Area AA

Holiday Accommodation AA

Private Recreation AA

Restaurant AA

Shop (Kiosk) IP

Tourist Resort AA

Motel AA

Chalets AA

Shop IP

All other uses are not permitted;


3. Car and Trailer Parking bays shall be provided to the satisfaction of local government;

4. No person shall occupy a chalet, caravan park or camping area within

the Tourism Precinct for more than three months in any one twelve month period, with the exception of the owner and/or caretaker;

5. All landscaping shall be completed in accordance with an approved

landscape master plan to the satisfaction of Local government within one year of commencing development within the Tourism Precinct.

3.5.2.2 Tourism Retail Precinct

Goal To promote a mix of tourist related retail activities.

Specific Provisions

1. Land use and development within the Tourism Retail Precinct shall be consistent with the approved Coral Bay Settlement Structure Plan.

AMD 13 GG 27/07/18


Car Park AA

Office AA

Private Recreation AA

Restaurant AA

Shop AA

Fast Food Outlet AA

Fish Shop AA

Civic Use AA

Medical Centre AA

Tavern AA

All other uses are Not Permitted;

3. Development within the Tourist Retail Precinct is to be carried out to standards approved by local government incorporating the following principles and provisions:

(a) buildings shall be of complementary design with particular

reference to height shape and style of verandas and also in terms of colour tone and texture of nearby buildings;

(b) the design shall make provision for general uniformity of

advertising outside shops and be in keeping with the architectural quality of the development;

(c) provision to be made for planting and landscaping of the

development to enhance its appearance to minimise any possible adverse impact on the amenity of surrounding land uses;

(d) services access shall be located to the rear of premises and

shall be screened from public view to the satisfaction of local government.

(e) off street parking shall be provided to the satisfaction of local

government.

(f) access from public roads to parking areas shall be planned to minimise traffic hazards.


3.5.2.3 Foreshore Protection Precinct

Goal To create a managed recreation environment which recognises the need for a balance of conservation and recreational activities.

Specific Provisions

1. Land use and development within the Foreshore Protection Precinct shall be consistent with the approved Coral Bay Settlement Structure Plan. AMD 13 GG 27/07/18


Office AA

Recreation AA

Information Centre AA

Car Park AA

All other uses are Not Permitted; 3. Prior to any development local government shall require the

preparation of a foreshore management plan for land contained within this Precinct. The foreshore management plan should give consideration to:

(a) an eco-tourist centre with the opportunity for ticketing facilities; (b) grassed shaded areas with public facilities including seats,

rubbish bins and controlled accessways for protection of dunes;

(c) an expanded parking area and coach/trailer pullover area; (d) foreshore rehabilitation including fencing controls to restrict

general public vehicular access, landscaping rehabilitation; (e) treatment of the proposed Beach Promenade and linkages to

the beach.

3.5.2.4 Natural Environs Precinct

Goal To maintain this Precinct as a natural backdrop to the Coral Bay Settlement whilst recognising the various development potentials identified within the Settlement Plan.

Specific Provisions

1. Land use and development within the Natural Environs Precinct shall be consistent with the approved Coral Bay Settlement Structure Plan.

AMD 13 GG 27/07/18


Rural Use AA

Car Park AA

Public Utilities AA

Community Purposes AA



3.5.2.5 Services Trades Precinct

Goal To provide a suitable area to accommodate a range of service industrial and service commercial uses together with small scale enterprises which may not be appropriate to locate elsewhere within the Coral Bay Settlement Zone.

Specific Provisions 1. Land use and development within the Service Trades Precinct shall be

consistent with the approved Coral Bay Settlement Structure Plan. AMD 13 GG 27/07/18


Car and Coach/Trailer Park AA

Caretaker’s Dwelling AA

Mechanical Repairs AA

Industry/Service AA

Petrol Filling Station AA

Service Station AA

Warehouse AA

Light Industry AA

Bus Terminal AA


3. Any service Station and/or Car and Coach/Trailer Park proposed within the precinct shall be located and designed in such a way as to secure the safety and orderly circulation of vehicular traffic and not interfere with the safety and convenience of pedestrian movement.

3.5.2.6 Worker Accommodation Precinct

Goal To provide a discrete residential village for residential occupancy by persons who need to reside in Coral Bay as a result of their business or employment.

Specific Provisions

1. Land use and development within the workers’ accommodation

precinct shall be in accordance with a Local Development Plan approved by the local government; AMD 13 GG 27/07/18

2. The following Use Classes apply within the precinct:

Workers’ Accommodation AA Community Purposes AA Public Utility P Home Occupation AA

All other uses are not permitted;

3. Occupancy within the curtilage of workers’ accommodation is not permitted;

4. Approval for the placement, erection or affixing of satellite dishes, masts and aerials and the like to a dwelling and/or its curtilage, is at the discretion of the responsible authority.


3.6 INTENSIVE HORTICULTURE ZONE

The following general provisions shall apply to all land contained within the Intensive Horticulture zone in addition to another Scheme provisions which may be relevant.

3.6.1 Setbacks for the Intensive Horticulture zone:

Front setback: 15m Side setback: 7.5m Rear setback: 7.5m

3.6.2 Nothing in this Scheme with particular emphasis on the approval of any development on

land zoned "Intensive Horticulture" may cause reduction of the land's ability to produce food. All land uses other than "Intensive Horticulture" shall remain secondary uses and may not be developed on land or a part thereof that can beneficially be used for horticultural production.

3.6.3 Notwithstanding the provisions of any other Clause of this Scheme Text, if the use of land

and/or the carrying out of development are determined by the Local Government as being exposed to or contribute to the risk of damage by flooding or will produce drainage difficulties, nothing shall prevent the Local Government from refusing to grant development approval to any such use or development pursuant to Part 9 of the deemed provisions on this ground alone or for other related reasons. AMD 13 GG 27/07/18


PART IV - NON-CONFORMING USES

4.1 NON-CONFORMING USE RIGHTS

No provision of the Scheme shall prevent:

(a) the continued use of any land or building for the purpose for which is was being lawfully used at the time of coming into force of the Scheme; or

(b) the carrying out of any development thereon for which, immediately prior to that time,

development approval, lawfully required to authorised the development to be carried out, were duly obtained and are current.

4.2 EXTENSION OF NON-CONFORMING USE

A person shall not alter or extend a non-conforming use or erect alter or extend a building used in conjunction with a non-conforming use without first having applied for and obtained the development approval of the local government under the Scheme and unless in conformity with any other provisions and requirements contained in the scheme.

4.3 CHANGE OF NON-CONFORMING USE

Notwithstanding anything contained in the Zoning Table the local government may grant its development approval to the change of use of any land from a non-conforming use to another use if the proposed use is, in the opinion of the local government, less detrimental to the amenity of the locality than the non-conforming use and is, in the opinion of the local government, closer to the intended uses of the zone or reserve.

4.4 DISCONTINUANCE OF NON-CONFORMING USE

4.4.1 When a non-conforming use of any land or building has been discontinued for a period of six months or more such land or building shall not thereafter be used otherwise than in conformity with the provisions of the Scheme.

4.4.2 The local government may effect the discontinuance of a non-conforming use by the

purchase of the affected property, or by the payment of compensation to the owner or the occupier or to both the owner and the occupier of that property, and may enter into an agreement with the owner for that purpose.

4.5 DESTRUCTION OF BUILDINGS

If any building is, at the gazettal date, being used for a non-conforming use, and is subsequently destroyed or damaged to an extent of 75 percent or more of its value the land on which the building is built shall not thereafter be used otherwise than in conformity with the Scheme, and the buildings shall not be repaired or rebuilt, altered or added to for the purpose of being used for a non-conforming use or in a manner or position not permitted by the scheme.


PART V - GENERAL PROVISIONS & POLICIES

5.1 DISCRETION TO MODIFY DEVELOPMENT STANDARDS

If a development, the subject of an application for development approval, does not comply with a

standard or requirement prescribed by the Scheme with respect to that development the local government may, notwithstanding that non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit. The power conferred by this clause may only be exercised if the local government is satisfied that:

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

planning of the locality and the preservation of the amenities of the locality;

(b) the non-compliance will not have any adverse effect upon the occupiers or users of the development or the inhabitants of the locality or upon the likely future development of the locality; and

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

from thereby.

5.2 COASTAL POLICY AREAS

5.2.1 General

5.2.1.1 In the Coastal Policy Areas, local government shall be mindful of the; AMD 13 GG 27/07/18

(i) need to ensure development recognises any environmental constraints

which may exist, particularly with respect to mangrove communities, intertidal mudflats, coastal dune areas vulnerable to erosion, and samphire flats; and

(ii) any constraints associated with servicing which may restrict development

opportunities. Where considered appropriate, local government will seek advice and comment from relevant public authorities.

5.2.1.2 In a broader context, local government is mindful of its priority role in managing

the coastal resource for the benefit of the general community, ensuring that development is for the long term good of that community, and that development will not generate any ongoing environmental, social or economic costs over and above the benefits any proposal may also be seen to generate.

5.2.1.3 Any decision made within the Coastal Policy Areas will be assessed in

accordance with the policy statements in Section 5.3.5 and provisions related to specific Special Uses described in Schedule No. 1 - Special Use Sites.

5.2.2 Local Development Plans (LDP)

5.2.2.1 Prior to considering any proposal for new development or expansion of existing

development within the Coastal Policy Areas including areas identified in Schedule 1, local government will require the proponent to submit a Local Development Plan in support of the development application prepared in accordance with Part 6 of the deemed provisions. AMD 13 GG 27/07/18

5.2.2.2 Local government will consider the LDP separately from any development

application and seek input from other public authorities as it deems appropriate. Local government will not approve any development until it has approved the LDP. AMD 13 GG 27/07/18


5.2.3 Amenity

5.2.3.1 Notwithstanding that a building, including a residential dwelling, conforms in all other respects with any provision of the Scheme or any by-law in force, local government may refuse to issue a building permit if it considers that such building by its construction or materials would detrimentally affect the amenity of the locality. AMD 13 GG 27/07/18

5.2.3.2 A building must be of an acceptable standard and be constructed of materials

deemed to be consistent with the general locality. AMD 13 GG 27/07/18

5.2.4 Height & Appearance of Buildings

5.2.4.1 With the exceptions of building approved by local government pursuant to the provisions of the following paragraph, and buildings and structures required for agricultural use in Rural zones, no building in excess of one storey above natural ground level shall be erected within the Coastal Policy Areas. AMD 13 GG 27/07/18

5.2.4.2 Notwithstanding the provisions of the above paragraph, the local government

may, after following the procedure set out in Clause 64 of the deemed provisions, approve buildings which exceed the heights specified after considering the information provided pursuant to Clause 63 of the deemed provisions and Clause 5.3.3, and any submissions made by persons owning or having an interest in land affected directly or indirectly by the proposal. Any such decision may only be made by an absolute majority of local government.

AMD 13 GG 27/07/18

5.2.4.3 Where a row or rows of attached housing or holiday units comprised of 5 units or

more are proposed, and the design of such units is repetitious and/or with orientation to the side boundaries, the visual amenity of the locality must not be adversely affected. AMD 13 GG 27/07/18

5.2.5 Policy Area Statements

5.2.5.1 Quobba Policy Area

Local government will be mindful of the need to protect the integrity of the natural coastline to; AMD 13 GG 27/07/18

ensure the form of development is compatible with the low key/low density character of the area;

ensure servicing and subsequent maintenance of public facilities does not prove to become an inequitable financial burden on the general community;

ensure any development proposal reflects a genuine need;

ensure development does not compromise the environmental values of the area, particularly with respect to the areas listed in Clause 5.2.1.1.

Local government will; AMD 13 GG 27/07/18

limit all accommodation, other than a caretaker’s residence or pastoral homestead, to short stay and not permanent;

refuse any substantial development not presented to Local government within the context of an approved Local Development Plan.


5.2.5.2 South Carnarvon Policy Area

Within this Policy Area local government will be mindful of the recommendations contained within the Shark Bay Regional Strategy, and environmental constraints imposed by the World Heritage classification of the Policy Area and the offshore region. AMD 13 GG 27/07/18 All proposals for development must be presented to local government within the context of a Local Development Plan.

5.2.5.3 Ningaloo Policy Area

Aside from consolidation of the Coral Bay Townsite and the development of the Mauds Landing Townsite area for the purposes of a resort development, local government is generally opposed to the further development of this stretch of coastline for tourist or residential purposes. Local government also recognises the constraints that exist to such development as a result of the management initiatives included within the Ningaloo Marine Park Management Plan (such as Section 16 Management Agreements). AMD 13 GG 27/07/18 Whilst generally opposing further development in this Policy Area, local government would be prepared to consider any proposal presented, providing it formed part of a comprehensive Local Development Plan. AMD 13 GG 27/07/18

5.3 SCA 1 – GASCOYNE FOOD BOWL SPECIAL CONTROL AREA

5.3.1 Purpose -

The purpose of Special Control Area 1 is to provide for subdivision and development control within the Special Control Area boundary.

5.3.2 Objectives -

The objective of SCA 1 are to -

a) Identify priority intensive agricultural land within the Gascoyne Food Bowl area

for the following purposes:

(i) the production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts;

(ii) the establishment and operation of plant or fruit nurseries; (iii) the development of land for irrigated fodder production or irrigated

pasture (including turf farms); and (iv) aquaculture.

b) Ensure that subdivision, use and development of land are consistent with the

Gascoyne Food Bowl Structure Plan and the objectives of relevant State Planning Policy.

5.3.3 Subdivision Requirements

Despite any other provisions in the Scheme to the contrary, subdivision within SCA1 will not be supported unless it is consistent with the Subdivision Guide Plan contained within the Gascoyne Food Bowl Structure Plan.


5.3.4 Flood and Floodway Management

a) No new development (i.e. filling, buildings etc.) is to be in the designated

floodways;

b) structures at road crossings over major waterways are to be sized so that there is minimal increase in the flood levels upstream of the structure;

c) onsite finished development levels (with the exception of localised pads for

dwellings and outbuildings) within the floodplain are not to exceed the existing ground levels;

d) for areas within the Gascoyne River floodplain, a minimum habitable floor level of

0.50 metres above the adjacent 100 year ARI flood level is required;

e) for areas that are located outside the Gascoyne River floodplain area, a minimum habitable floor level of 0.30 metres above the adjacent 100 year ARI flood level is required.

5.3.5 Environmental Requirements AMD 13 GG 27/07/18

Prior to subdivision and development, Level 2 Terrestrial Fauna Surveys and Level 2 Flora and Vegetation Surveys are to be undertaken in accordance with EPA Guidance Statements 51 and 56 (or as revised).

Where significant flora or fauna habitat are identified as worthy of protection, future environmental conservation reserves, fences and buffers must be shown on Local Development Plans prepared in accordance with Part 6 of the deemed provisions.

AMD 13 GG 27/07/18


PART VI - CONTROL OF ADVERTISING AMD 13 GG 27/07/18

6.1 POWER TO CONTROL ADVERTISEMENTS

6.1.1 For the purpose of this Scheme, the erection, placement and display of advertisements

and the use of land or buildings for that purpose is development within the definition of the

Act requiring, except as otherwise provided in Schedule A of the Scheme, the prior approval of the local government. Such development approval is required in addition to any licence pursuant to local government’s Signs and Hoarding and Bill Posting By-laws.

6.1.2 Applications for local government’s Consent to this Part shall be submitted in accordance

with the provisions of Part 8 of the deemed provisions. AMD 13 GG 27/07/18

6.2 EXISTING ADVERTISEMENTS

Advertisements which:

(a) were lawfully erected, placed or displayed prior to the approval of this Scheme;

or

(b) may be erected, placed or displayed pursuant to a licence or other approval granted by the

local government prior to the approval of this Scheme, hereinafter in this Part referred to as ‘existing advertisements’, may, except as otherwise provided, continue to be displayed or be erected and displayed in accordance with the licence or approval as appropriate.

6.3 DISCONTINUANCE

Notwithstanding the Scheme objectives and Schedule A, Clause 61(1)(p), where the local government can demonstrate exceptional circumstances which cause an exempted or existing advertisement to seriously conflict with the objectives of this Part, it may by notice in writing (giving clear reasons) require the advertiser to remove, relocate, adapt or otherwise modify the advertisement within a period of time specified in the notice. AMD 13 GG 27/07/18

6.4 SCHEME TO PREVAIL

Where the provisions of this Part are found to be at variance with the provisions of the local government’s Signs, Hoarding and Bill Posting By-laws, the provisions of the Scheme shall prevail.


TABLE 2 - EXEMPTED ADVERTISEMENTS PURSUANT TO SCHEDULE A

CLAUSE 61(1)(p) AMD 13 GG 27/07/18

LAND USE AND/OR

DEVELOPMENT REQUIRING

ADVERTISEMENT

EXEMPTED SIGN TYPE AND NUMBER (All non-illuminated unless otherwise stated)

MAXIMUM AREA OF

EXEMPTED SIGN

Dwellings One professional name-plate as appropriate. 0.2m2

Home Occupation One advertisement describing the nature of the home occupation.

0.2m2

Places of Worship, Meeting Halls and Places of Public Assembly

One advertisement detailing the function and/or the activities of the institution concerned.

0.2m2

Cinemas, Theatres and Drive in Theatres

Two signs (illuminated or non-illuminated) detailing the entertainment being presented from time to time at the venue upon which the signs are displayed.

Each advertisement sign not to exceed 5m

2

Showroom, race courses, major racing tracks, sports stadia, major sporting grounds and complexes

All signs provided that, in each case, the advertisement is not visible from outside the complex or facility concerned, either from other private land or from public places and streets.

N/A

Public Places and Reserves a) Advertisement signs (illuminated and non-illuminated) relating to the functions of Government, a public authority or local government of a municipality excluding those of a promotional nature constructed or exhibited by, or on behalf of any such body, and

b) Advertisement signs (illuminated and non-

illuminated) required for the management or control of traffic on any public road, car park, cycleway, railway or waterway where such advertisement has been constructed or exhibited by or at the direction of a Government department, public authority or the local government of a municipality, and

c) Advertisement signs (illuminated and non-

illuminated) required to be exhibited by or pursuant to any statute or regulation or the like made pursuant to powers contained within a Statute provided that any such advertisement is constructed and/or exhibited strictly in accordance with the requirements specified therein

N/A N/A N/A

Railway Property and Reserves Advertisement signs exhibited on such land provided that each such advertisement is directed only at persons at or upon a railway station

No sign shall exceed 2m

2 in area

Advertisements within Buildings All advertisements placed or displayed within buildings which cannot ordinarily be seen by a person outside of those buildings.

N/A

All classes of buildings other than single family dwellings.

One advertisement sign containing the name, number and address of the building, the purpose for which the building is used or the name and address of the managing agent thereof.

0.2m2


TEMPORARY SIGNS EXEMPTED SIGN TYPE AND NUMBER

(All non-illuminated unless otherwise stated)

MAXIMUM AREA OF

EXEMPTED SIGN

Building Construction Sites (advertisement signs displayed only for the duration of the construction as follows): (i) Dwellings (ii) Multiple Dwellings, Shops

Commercial & Industrial projects

One advertisement per street frontage containing details of the project and the contractors undertaking the construction work. One sign as for (i) above.

2m

2

5m2

Sales of Goods or Livestock One sign per lot displayed for a period not exceeding 2 months advertising the sale of goods or livestock upon any land or within any building upon which the sign is exhibited provided that the land is not normally used for that purpose.

2m2

Property Transactions (advertisement signs displayed for the duration of a period over which property transactions are offered and negotiated as follows): (i) Dwellings

One sign per street frontage for each property relating to the sale, leasing or impending auction of the property at or upon which the sign is or the signs are displayed.

Each sign shall not exceed an area of 2m

2


SCHEDULES SCHEDULE 1 - SPECIAL USE SITES & COASTAL POLICY AREAS

SPECIFIC AREA PROVISIONS

Gnaraloo Homestead The following uses are AA within this area: - Detached Dwelling - Short Stay Tourist Accommodation - Rural Pursuits - Private Recreation - Tourist Chalets - Caravan Park - Caretaker’s Residence - Maintenance Shed - Camping Ground - Shop All other uses are not permitted.

No further development may occur without the preparation of an LDP approved by local government.

The provision of services and upgrading of any roads to be at the developer’s cost to the satisfaction of local government.

The development and use of the land shall also accord with the terms of Special Lease No. 3116/9699.

3 Mile Camp, Gnaraloo The following uses are AA within this area: - Caretaker’s Residence - Public Ablutions - Private Recreation - Rural Pursuits - Camping Ground - Shop All other uses are not permitted.

Other than a caretaker’s residence, no other permanent accommodation structures are permitted.

No access paths to be constructed to the beach without the written approval of local government.

The development and use of the land shall also accord with the terms of Special Lease.

Red Bluff The following uses are AA within this area: - Shop - Caretaker’s residence - Public Ablutions - Camping Ground - Rural Pursuits - Private Recreation All other uses are not permitted.


SPECIFIC AREA PROVISIONS

Red Bluff (Cont’d) No further development may occur without the preparation of an LDP approved by local government.



Quobba Homestead The following uses are AA within the Area: - Detached Dwelling - Short Stay tourist Accommodation - Tourist Chalets - Caravan Park - Caretaker’s Residence - Camping Ground - Rural Pursuits - Private Recreation - Maintenance Shed - Shop All other uses are not permitted.

No further development may occur without the preparation of an LDP approved by local government.




SCHEDULE 2 - CORAL BAY PRECINCT PLAN AMD 6 GG 27/2/09; AMD 8 GG 22/1/13; AMD 9 GG 15/2/13; AMD 10 GG 6/8/13; AMD 11 GG14/04/15


CORAL BAY SETTLEMENT PLAN (NO.94/50/3)

AMD 6 GG 27/2/09; AMD 10 GG 6/8/13


SCHEDULE 3 - INTERPRETATIONS AMD 2 GG 12/5/98; AMD 12 GG 14/03/17; AMD 13 GG 27/07/18

Abattoir: means land and buildings used for the slaughter of animals for human consumption and the treatment of carcasses, offal and by-products.

Absolute Majority: shall have the same meaning as is given to it in and for the purposes of the Local Government Act 1960 (as amended).

Airstrip: means land and buildings used in connection with the regular operation of aircraft but does not include occasional or seasonal use of temporary facilities for purposes associated with agriculture.

Ancillary Accommodation: means self-contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house.

Aquaculture: means the farming of aquatic organisms, including fish, molluscs, crustaceans and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding or protection from predators.

Arts and Craft Studio: means a building or part of a building, not in a residential zone, where craft activities are carries out and includes the sale of products created on site.

Battle-axe lot: means a lot having access to a public road by means of an access strip included in the Certificate of Title of that lot.

Boarding House: means a building in which provision is made for lodging or boarding more than four persons, exclusive of the family of the keeper, for hire or reward, but does not include:

a) premises the subject of an Hotel, Limited Hotel or Tavern Licence granted under the

provisions of the Liquor Control Act 1988 (as amended); AMD 13 GG 27/07/18 b) premises used as a boarding school approved under the Education Act, 1928 (as

amended); c) a single dwelling, attached, group or multiple dwelling unit; d) any building that is the subject of a strata title issued under the provisions of the Strata

Titles Act, 1985 (as amended).

Builder’s Storage Yard: means land and buildings used for the storage of building material, pipes, or other similar items related to any trade; and may include manufacture, assembly and dismantling processes incidental to the predominant use.

Building: shall have the same meaning as is given to it in and for the purposes of the Residential Design Codes.

Building Envelope: means an area of land within a lot marked on a plan forming part of the Scheme to which building development is restricted.

Building Line: means the line between which and any public place or public reserve a building may not be erected except by or under the authority of an Act.

Building Setback: means the shortest horizontal distance between a boundary or other specified point and the position at which a building may be erected.

Bus Terminal: means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

Camping Area: means land used for the lodging of persons in tents or other temporary shelter.

Caravan: means a vehicle as defined under the Road Traffic Act 1974-82 maintained in condition suitable for licence under that Act at all times and being designed or fitted or capable of use as a habitation or for dwelling or sleeping purposes.


Caravan Park: means an area of land specifically set aside for the parking of caravans and camper vans or for the erection of camps on bays or tent sites allocated for that purpose.

Caretaker’s Dwelling: means a building used as a dwelling by a person having the care of the building, plant, equipment or grounds associated with an industry, business, office or recreation area carried on or existing on the same site.

Car Park: means land and buildings used primarily for parking private cars or taxis whether open to the public or not but does not include any part of a public road used for parking or for a taxi rank, or any land or buildings in which cars are displayed for sale.

Cattery: means the use of an approved out-building constructed in accordance with the Health Act Model By-laws Series ‘A’ Part One - General Sanitary Provisions (as amended) for the purpose of keeping more than three (3) cats over the age of three (3) months.

Cemetery: means land and buildings associated with the burial and/or cremation of the deceased.

Chalet: means a detached holiday accommodation unit including cooking facilities which may be fully self contained or nor, and which is generally of single storey or split level construction.

Civic Building: means a building designed, used or intended to be used by a Government Department, an instrumentality of the Crown, or the local government, for administrative, recreational or other purpose.

Civic Use: means land and buildings used by a Government Department, an instrumentality of the Crown, or the local government, for administrative, recreational or other purpose.

Club Premises: means land and buildings used or designed for use by a legally constituted club or association or other body of persons united by a common interest whether such building or premises be licensed under the provisions of the Liquor Control Act 1988 (as amended) or not and which building or premises are not otherwise classified under the provisions of the Scheme.

Coach/Trailer Park: means land and building used primarily for parking of coaches, trailers and buses but does not include any land or building in which buses or coaches are displayed for sale.

Commission: means the Western Australian Planning Commission constituted under the Act. .

Community Home: means a building used primarily for living purposes by a group of physically or intellectually handicapped or socially disadvantaged persons living together with or without paid supervision or care and managed by a constituted community based organisation, a recognised voluntary charitable or religious organisation, a government department or instrumentality of the Crown.

Community Purposes: means the use of premises designed or adapted primarily for the provision of education, social, cultural and recreational facilities and services by organisations involved in activities for community benefit.

Community Service Depot: means land and buildings used for the garaging of vehicles and equipment used to provide a community service such as a fire brigade, ambulance or like service.

Convenience Store: means land and buildings used for the retail sale of convenience goods being those goods commonly sold in supermarkets, delicatessens and newsagents but including the sale of petrol and operated during hours which include but which may extend beyond normal trading hours and providing associated parking. The buildings associated with a convenience store shall not exceed 200m

2 gross leasable area.

Development: shall have the same meaning given it in and for the purposes of the Act.

District: means the Municipal District of the Shire of Carnarvon.

Dwelling: has the same meaning as in the Residential Design Codes. AMD 13 GG 27/07/18


Dog Kennels: means land and buildings used for the boarding and breeding of dogs where such premises are registered or required to be registered by the Local government, and may include the sale of dogs where such use is incidental to the predominant use.

Drive-In Theatre: means land and buildings used to make provision for an audience to view the entertainment while seated in motor vehicles.

Educational Establishment: means a school, college, university, technical institute, academy or other educational centre, but does not include a reformatory or institutional home.

Factory Unit Building: means an industrial building designed, used or adapted for use as two or more separately occupied production or storage areas.

Farm Stay: means a residential building, bed and breakfast chalet or similar accommodation unit used to accommodate short-stay guests on a farm or rural property and where occupation by any person is limited to a maximum of three months in any 12-month period.

Fast Food Outlet: means land and buildings used for the preparation, sale and serving of food to customers in a form ready to be eaten without further preparation, primarily off the premises, but does not include a fish shop.

Fish Shop: means a building where wet fish and similar foods are displayed and offered for sale and may, with the consent of local government, include cleaning and processing of fish for sale by retail from the premises.

Floor Area: shall have the same meaning given to it in and for the purposes of the Building Code of Australia.

Frontage: means the boundary line or lines between a site and the street or streets upon which the site abuts.

Fuel Depot: means land and buildings used for the storage and sale in bulk of solid or liquid gaseous fuel, but does not include a service station.

Fuel Filling Station: means land, buildings and equipment used for the storage and dispensing of liquid and gaseous fuels for the operation of the predominant use of the land but does not include a service station and specifically excludes the sale by retail into a vehicle for final use of such fuel from the premises.

Funeral Parlour: means land and buildings occupied by an undertaker where bodies are stored and prepared for burial or cremation.

Garden Centre: means land and buildings used for the sale and display of garden products, including garden ornaments, plants, seeds, domestic garden implements and motorised implements and the display but not manufacture of prefabricated garden buildings.

Gazettal Date: means the date of which this Scheme is published in the Government Gazette.

Gross Leasable Area: means in relation to a building, the area of all floors capable of being occupied by a tenant for his exclusive use, which area is measured from the centre lines of joint partitions or walls and from the outside faces of external walls or the building alignment, including shop fronts, basements, mezzanines and storage areas.

Harbour Installations: means land and buildings used for and incidental to the purposes of loading, unloading and maintaining ships.

Hazardous Industry: means an industry which should be isolated from other buildings by reason of the possible danger to persons or property by the processes involved, by the method of manufacture, or by the nature of materials used, produced or stored.

Hire Service: means land and buildings used for the storage and hire of machinery or other bulky equipment.


Holiday Accommodation: means land and buildings providing low key facilities for tourists and travellers including chalets, farm stay accommodation, camping grounds and caravan parks under provisions of the by-laws of local government or the Caravan and Camping Ground Regulations 1972 (as amended).

Home Business: means a business, service or profession carried out in a dwelling or on land around a dwelling which:

(a) does not employ more than two people not members of the occupier's household; (b) will not cause injury to or adversely affect the amenity of the neighbourhood; (c) does not occupy an area greater than 50m

2;

(d) does not entail the retail sale, display or hire of goods of any nature; (e) In relation to vehicles and parking, will not result in traffic difficulties as a result of the

inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and

(f) does not involve the use of an essential service of greater capacity than normally required in the zone.

Home Occupation: means a business carried on with the permission of the responsible authority within a house or the curtilage of a house that:

(a) does not cause injury to or prejudicially affect the amenity of the neighbourhood

including (but without limiting the generality of the foregoing) injury or prejudicial affection due to the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, waste water, or waste products;

(b) does not entail the employment of any person not a member of the occupier's family except in the case of a professional person;

(c) does not occupy an area greater than 20 square metres; (d) does not require the provision of any essential service main of a greater capacity than

normally required in the zone in which it is located; and (e) is restricted in advertisement to a sign not exceeding 0.2 square metres in area.

Heritage: means, in Burra Charter terms, places of heritage value must have cultural significance - that is have ‘aesthetic, historic, scientific or social value for past, present or future generations’. Places of heritage can include buildings and other artefacts, as well as gardens and landscapes, and allows for both ‘new’ and ‘old’ heritage places.

Hospital: means a building in which persons are received and lodged for medical treatment or care and includes a maternity hospital.

Hospital Special Purposes: means a building used or designed for use wholly or principally for the purpose of a hospital or sanatorium for the treatment of infectious or contagious diseases, or hospital for the treatment of the mentally ill or similar use.

Hostel: means a lodging house which is not open to the public generally but is reserved for use solely by students and staff of educational establishments, members of societies, institutes or associations.

Industry: means the carrying out of any process in the course of trade or business for gain, for and incidental to one or more of the following:

a) the winning, processing or treatment of minerals; b) the making, altering, repairing, or ornamentation, painting, finishing, cleaning, packing or

canning or adapting for sale, or the breaking up or demolition of any article or part of an article;

c) the generation of electricity or the production of gas; d) the manufacture of edible goods;

and includes, when carried out on land upon which the process is carried out and in connection with that process, the storage of goods, any work of administration or accounting, or the wholesaling of goods resulting from the process, and the use of land for the amenity of persons engaged in the process;


but does not include:

i) the carrying out of agriculture, ii) site work on buildings, work or land, iii) in the case of edible goods the preparation of food for sale from the premises, iv) panel beating, spray painting or motor vehicle wrecking.

Industry - Cottage: means an industry which produces arts and crafts goods which cannot be carried out under the provisions relating to a “home occupation” and that:

a) does not cause injury to or prejudicially affect the amenity of the neighbourhood

including (but without limiting the generality of the foregoing) injury, or prejudicial affection, due to the emission of light, noise, vibration, steam, soot, ash, dust, grit, oil, liquid wastes or waste products,

b) where operated in a Residential Zone, does not entail the employment of any person not a member of the occupier’s family normally resident on the land,

c) is conducted in an out-building which is compatible to the zone and its amenity and does not occupy an area in excess of 55m

2,

d) does not require the provision of any essential service main of a greater capacity than normally required in the zone in which it is located, and;

e) does not display a sign exceeding 0.2m2 in area.

Industry Extractive: means an industry which involves:

a) the extraction of sand, gravel, clay, turf, soil, rock, stone, minerals, or similar substance from the land, and also the storage, treatment or manufacture of products from those materials is extracted or on land adjacent thereto; or

b) the production of salt by the evaporation of sea water.

Industry General: means an industry other than a cottage, extractive, hazardous, light, noxious, rural or service industry.

Industry Hazardous: means an industry which by reason of the processes involved or the method of manufacture or the nature of the materials used or produced requires isolation from other buildings.

Industry Light: means an industry:

a) in which the processes carried on, the machinery used, and the goods and commodities carried to and from the premises will not cause any injury to, or will not adversely affect the amenity of the locality by reason of the emission of light, noise, electrical interference, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water or other waste products; and

b) the establishment of which will not or the conduct of which does not impose an undue load on any existing or projected service for the supply or provision of water, gas, electricity, sewerage facilities, or any other like services.

Industry Noxious: means an industry in which the processes involved constitute an offensive trade within the meaning of the Health Act, 1911-1979 (as amended), but does not include a fish shop, dry cleaning premises, marine collectors yard, laundromat, piggery or poultry farm.

Industry Rural: means an industry handling, treating, processing or packing primary products grown, reared or produced in the locality, and a workshop servicing plant or equipment used for rural purposes in the locality.

Industry Service: means a light industry carried out on land or in buildings which may have a retail shop front and from which goods manufactured on the premises may be sold; or land and buildings having a retail shop front and used as a depot for receiving goods to be serviced.

Information Centre: means land and buildings used by a Government Department, an instrumentality of the Crown, or the local government for administrative, recreational or other purposes as deemed appropriate by local government.


Institutional Building: means a building used or designed for use wholly or principally for the purpose of:

a) a home or other institution for care of persons who are physically or mentally

handicapped; b) a rehabilitation centre or home for alcoholics, drug addicts, persons released from

prison or other persons requiring treatment as provided by such a centre.

Institutional Home: means a building used for residential purposes for the care and maintenance of children, the aged or the infirm and includes a benevolent institution.

Intensive Agriculture: means premises used for commercial production purposes, including outbuildings and earthworks, associated with any of the following -

(a) the production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts; (b) the establishment and operation of plant or fruit nurseries; (c) the development of land for irrigated fodder production or irrigated pasture (including turf

farms); (d) aquaculture.

Intensive Horticulture: means agriculture practices which are carried out with the aid of techniques including water reticulation to render the land capable of sustaining considerably greater number of stock, higher crop yields, or different types of crops than could be produced without the aid of those techniques.

Land: shall have the same meaning given to it in and for the purposes of, the Act.

Lodging House: shall have the same meaning as is given to it in and for the purposes of the Health Act, 1911-1979 (as amended).

Lot: shall have the same meaning given to it in and for the purposes of, the Act and “allotment” has the same meaning.

Marina: means premises at which berths or pens, and fuelling, servicing, repairing, storage (including storage on land) and other facilities for boats are provided, with or without the sale of boating gear and equipment, and includes all jetties, piers, embankments, quays and moorings appurtenant thereto and all offices and storerooms used in connection therewith.

Marine Dealers Premises: means land and buildings used for the storage of marine stores under the provisions of the Marine Stores Act, 1902 (as amended) and Marine Dealer’s Yard and Marine Store have the same meaning.

Marine Filling Station: means land and buildings used for the storage and supply of liquid fuels and lubricants for marine craft, but in which no industry is carried on; but does not include a service station.

Market: means land and buildings used for a fair, a farmers’ or producers’ market, or a swap-meet in which the business or selling carried on or the entertainment provided is by independent operators or stall holders carrying on their business or activities independently of the market operator save for the payment where appropriate of a fee or rental.

Mechanical Repairs: means and land or buildings used for or in connection with mechanical repairs and overhauls of motor vehicles and or boats, including where incidental to such repairs and overhauls tyre, recapping, retreading, panel beating, spray painting, chassis reshaping and hull repairs.

Medical Centre: means a building (other than a hospital) that contains or is designed to contain facilities not only for the practitioner or practitioners mentioned under the interpretations of consulting rooms but also for ancillary services such as chemists, pathologists and radiologists.

Milk Depot: means land and buildings to which milk is delivered for distribution to consumers but in which milk is not processed or pasteurised.


Mobile Home: means any vehicle or similar relocatable structure having been manufactured with wheels (whether or not such wheels have been removed) and having no footings other than wheels, jacks or skirtings, and so designed or constructed as to permit independent occupancy for continuous dwelling purposes incorporating its own facilities including bathroom and toilet facilities.

Mobile Home Park: means land upon which two or more mobile homes, occupied for dwelling purposes, are located regardless of whether or not a charge is made for such accommodation.

Motel: means land and buildings used or intended to be used to accommodate patrons in a manner similar to a Hotel or Boarding House but in which special provision is made for the accommodation of patrons with motor vehicles.

Motor Vehicle Repair Station: means land and buildings used for the mechanical repair and overhaul of motor vehicles including tyre recapping, retreading, panel beating, spray painting and chassis reshaping.

Motor Vehicle Wash Station: means land and buildings where vehicles are washed and cleaned by or primarily by mechanical means.

Motor Vehicle Wrecking Premises: means land and buildings used for the storage, breaking up or dismantling of motor vehicles and includes the sale of second-hand motor vehicle accessories and spare parts.

Museum: means land and buildings used for storing and exhibiting objects illustrative of antiquities, natural history, art, nature and curiosities.

Non-conforming Use: means a use of land which, though lawful immediately prior to the coming into operation of this Scheme, is not in conformity with the Scheme.

Office: means a building used for the conduct of administration, the practice of a profession, the carrying on of agencies, banks, typist and secretarial services, and services of a similar nature.

Petrol Filling Station: means land and buildings used for the supply of petroleum products and motor vehicle accessories.

Piggery: means a rural holding or, part thereof, including buildings set aside for the intensive keeping breeding or rearing of pigs.

Places of Natural Beauty: means the natural beauties of the area including rivers, lakes and other inland waters, banks or rivers, foreshores of harbours and other parts of the sea, hill slopes and summits and valleys.

Plant Nursery: means land and buildings used for the propagation, rearing and sale of products associated with horticultural and garden decor.

Plot Ratio: except for a single house, attached house, grouped dwelling or multiple dwelling where it shall have the same meaning given to it in the Residential Design Codes, plot ratio means the ratio of the gross total of the areas of all floors to the area of land within the site boundaries, and in calculating the gross total of the areas of all floors the areas shall be measured over any walls provided that lift shafts, stairs, toilets and amenities, external wall thicknesses, plant rooms and the gross floor area of any floor space used for the parking of wheeled vehicles including access to and from that space within the building shall not be included.

Potable Water: means water in which levels of physical, chemical and bacteriological constituents do not exceed the maximum permissible levels set out in ‘International Standards for Drinking Water - Third Edition, World Health Organisation - 1971'.

Poultry Farm: means land and buildings where domestic fowl, such as chicken, ducks, geese, turkeys and the like are kept for either egg or meat purposes in conditions other than free-range and in numbers exceeding the person requirements of the land owners or occupier.


Prison: shall have the same meaning given to it in and for the purposes of the Prisons Act, 1981 (as amended).

Private Hotel: means land and buildings used for residential purposes the subject of a Limited Hotel Licence granted under the provisions of the Liquor Control Act 1988 (as amended).

AMD 13 GG 27/07/18

Private Recreation: means land or buildings used for parks, gardens, playgrounds, sports arenas, or other facilities for recreation which are not normally open to the public without charge.

Produce Store: means land and buildings wherein fertilisers and grain are displayed and offered for sale.

Professional Office: means any building used for the purpose of his profession by an accountant, architect, artist, author, barrister, chiropodist, consular official, dentist, doctor, engineer, masseur, nurse, physiotherapist, quantity surveyor, solicitor, surveyor, teacher (other than a dancing teacher or a music teacher), or town planner and 'professional person' has a corresponding interpretation.

Public Authority: shall have the same meaning given to it in and for the purposes of the Act.

Public Mall: means any public street or right-of-way designed especially for pedestrians who shall have the right of way and vehicle access shall be restricted to service vehicles at times specified by the local government.

Public Recreation: means land used for a public park, public gardens, foreshore reserve, playground or other grounds for recreation which are normally open to the public without charge.

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

Public Utility Depot: means land and buildings used for the religious activities of a church but does not include an institution for primary, secondary, or higher education or a residential training institution.

Radio and T.V. Installation: means land and buildings used for the transmission, relay and reception of signals and pictures, both commercial and domestic, but does not include domestic radio and television receivers.

Reformatory: means land and buildings used for the confinement or detention in custody of juvenile offenders against the law with a view to their reformation.

Residential Building: means a building or portion of a building, together with rooms and outbuildings separate from such building but ancillary thereto; such building being used or intended, adapted or designed to be used for the purpose of human habitation -

(a) temporarily by two or more persons; or (b) permanently by seven or more persons,

who do not comprise a single family; but does not include a hospital or sanatorium, a prison, a hotel, a motel or a residential school.

Restaurant: means a building wherein food is prepared for sale and consumption within the building and the expression shall include a licensed restaurant, and a restaurant at which food for consumption outside the building is sold where the sale of food for consumption outside the building is not the principal part of the business.


Restaurant/Cafe/Eating House: means any house, building or structure or any part thereof in which meals are served to the public for gain or reward.

The term does not include:

(a) any premises in respect of which an hotel licence, a tavern licence, a restaurant licence

or wine house licence has been granted under the Liquor Control Act, 1988 (as amended), or AMD 13 GG 27/07/18

(b) any boarding house, lodging house or hostel, or (c) any building or other structure used temporarily for serving meals to the public at nay

fair, show, military encampment, races, or other public sports games or amusements.

"Licensed Restaurant" shall have the same meaning ascribed to it in the Liquor Control Act 1988 (as amended).

Restoration: means any work or process on at or in respect of a building structure or place which wholly or partly brings back the building structure or place to its original condition or which reinstates its historic or natural character either by rebuilding or repairing its fabric or by removing accretions or additions.

Rural Industry: means an industry handling, treating, processing or packing primary products grown, reared or produced in the locality, and a workshop, servicing plant or equipment used for rural purposes in the locality.

Rural Use: means and includes agriculture, horticulture, forestry, pasture and poultry farming and may include the retail sale of produce grown on the property where satisfactory access and parking can be provided.

Salvage Yard: means land and buildings used for the storage and sale of materials salvaged from the erection, demolition, dismantling or renovating of, or fire or flood damage to structures including (but without limiting the generality of the foregoing) buildings, machinery, vehicles and boats.

Sawmill: means land and buildings where logs or large pieces of timber are sawn but does not include a joinery works unless logs or large pieces of timber are sawn therein.

Schedule: means a schedule to the Scheme.

Seasonal/Staff Workers Accommodation: means shared self-contained living accommodation (separate to a single dwelling) used for the accommodation of temporary workers directly employed in an approved activity carried out on the lot and does not include a Caretakers Dwelling.

Service Station: means land and buildings used for the supply of petroleum products and motor vehicle accessories and for carrying out greasing, tyre repairs and minor mechanical repairs and may include a cafeteria, restaurant or shop incidental to the primary use, but does not include transport depot, panel beating, spray painting, major repairs or wrecking.

Shared Dwelling: means a building used primarily for living purposes by not more than five persons residing therein as a single household; the term also includes such out-buildings and recreational uses and gardens as are ordinarily used therewith, but does not include a private hotel, motel or boarding house.

Shop: means premises wherein goods are kept, exposed or offered for sale by retail or for hire, including premises for the provision of personal services, but does not include a bank, fuel depot, market, service station, milk depot, marine collectors yard, timber yard or land and buildings used for the sale of vehicles or for any purpose falling within the definition of industry.

Shop (kiosk): means the use of land or buildings which is incidental to the predominant use and which compliments that use for the purpose of the display and sale of souvenirs and/or refreshments to patrons of the predominant use.


Tavern: means premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises.

Transport Depot: means land and buildings used for the garaging of motor vehicles used or intended to be used for carrying goods or persons for hire or reward or for any consideration, or for the transfer of goods or persons from one such motor vehicle to another of such motor vehicles and includes maintenance, management and repair of the vehicles used, but not of other vehicles.

Veterinary Consulting Rooms: means a building in which a veterinary surgeon or veterinarian treats the minor ailments of domestic animals and household pets as patients but in which animals or pets do not remain overnight.

Veterinary Hospital: means a building used in connection with the treatment of sick animals and includes the accommodation of sick animals.

Warehouse: means a building wherein goods are stored and may be offered for sale by wholesale and, with the consent of local government, by retail.

Wayside Stall: means a building situated on private land which offers for sale to the general public produce or any commodity which is produced on the land upon which the buildings are located.

Wholesale: means the sale of any goods to any person or persons other than the ultimate consumer of those goods by a person or his trustee, registered as a ‘wholesale merchant’ for Sales Tax purposes under the provisions of the Sales Tax Assessment Act No. 1, 1930 (as amended).

Wind, Solar or Tidal Energy Facility: means premises used to generate electricity by wind, force, solar power or tidal action and includes any turbine, panel, building or other structure used in, or in conjunction with, the generation of electricity by wind force, solar or tidal activity but does not include micro-turbines or panels used principally to supply electricity for domestic or commercial properties, rural uses of the land or anemometers.

Wine House: means land and buildings the subject of a Wine House Licence granted under the provisions of the Liquor Control Act 1988 (as amended).

Workers' Accommodation: means a dwelling or residential building occupied by a person who is: AMD 6 GG 27/2/09

(a) engaged in active employment in Coral Bay; (b) the owner (whether in whole or part) and operator of a business having its main offices in

Coral Bay and which principally services or operates within Coral Bay, where that person is also currently actively involved in the operation of the business on a day to day basis in Coral Bay; or

(c) a spouse, partner or dependent child of a person referred to in paragraph (a) or (b).

Zoological Gardens: means land and buildings used for the keeping, breeding or display of fauna and the term includes Zoo but does not include kennels or keeping, breeding or showing of domestic pets.


SCHEDULE A – SUPPLEMENTAL PROVISIONS AMD 13 GG 27/07/18 61(1)(k) the use of land in a reserve, where such land is held by the local government or vested in

a Public Authority:

(i) for the purpose for which the land is reserved under the Scheme; or (ii) in the case of land vested in a Public Authority, for any purpose for which such

land may be lawfully used by that authority. 61(1)(l) the erection or extension of a single house on a lot if a single house is a permitted ("P")

use in the zone (where the R Codes do not apply) in which that lot is located, where the development standards set out in the scheme for that particular zone (including boundary setbacks) are satisfied, unless the development is located in a place that is:

(i) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under Part 6 of the Heritage of Western Australia Act

1990; or (iii) included on a heritage list prepared in accordance with this Scheme; or (iv) within an area designated under the Scheme as a heritage area; or (v) the subject of a heritage agreement entered into under the Heritage of Western

Australia Act 1990 section 29; or (vi) on a lot abutting an unconstructed road, or a lot which does not have frontage to

a constructed road.

61(1)(m) the erection or extension of an outbuilding, external figure, boundary wall or fence, patio, pergola, veranda, garage, carport or swimming pool on the same lot as a single house if a single house is a permitted ("P") in the zone (where the R Codes do not apply), where the development standards set out in the scheme for that particular zone (including boundary setbacks) are satisfied, unless the development is located in a place that is:

(i) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under Part 6 of the Heritage of Western Australia Act

1990; or (iii) included on a heritage list prepared in accordance with this Scheme; or (iv) within an area designated under the Scheme as a heritage area; or (v) the subject of a heritage agreement entered into under the Heritage of Western

Australia Act 1990 section 29; or (vi) on a lot abutting an unconstructed road, or a lot which does not have frontage to

a constructed road.

61(1)(n) the carrying out of any works on, in, over or under a street or road by a Public Authority acting pursuant to the provisions of any Act;

61(1)(o) the carrying out of works urgently necessary in the public safety or for the safety or security of plant or equipment or for the maintenance of essential services;


61(1)(p) any of the exempt classes of advertisements listed in Table 2 except in respect of places, buildings, conservation areas or landscape protection zones which are either:

(i) listed by the National Trust; (ii) listed on the Register of the National Estate; (iii) included in the Heritage List; or (iv) in a Heritage Precinct.


ADOPTION OF SCHEME TEXT Adopted by resolution of the local government of the Shire of Carnarvon at the meeting of the local government held on the 24th day of November 1993 ....................................................... ...................................

PRESIDENT DATE 26/11/93 ....................................................... ...................................

SHIRE CLERK DATE 26/11/93

FINAL APPROVAL

1. Adopted by resolution of the local government of the Shire of Carnarvon at the Ordinary meeting

of the local government held on 25th day of March 1995 and the seal of the Municipality was pursuant to that Resolution hereunto affixed in the presence of:

........................................................ PRESIDENT

........................................................

SHIRE CLERK

This Scheme Text is to be read in conjunction with the approved maps of the Scheme described in Clause 1.4 of this Scheme and to which formal approval was given by the Acting Hon Minister for Planning on the date shown below.

2. Recommended/submitted for final approval by the Western Australian Planning Commission.

.......................................... CHAIRPERSON

3. Final approval granted

........................................................... ................................... HON MINISTER FOR PLANNING DATE 12/7/95

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