Local Planning Scheme
Review Report
October 2011
Local Planning Scheme Review Report
City of Bunbury i │ 112
Disclaimer:
This document has been published by the City of Bunbury. Any representation, statement, opinion
or advice expressed or implied in this document is made in good faith and on the basis that the
City of Bunbury, its employees and agents are not liable for any damage or loss whatsoever which
may occur as a result of action taken or not taken, as the case may be, in respect of any
representation, statement, opinion or advice referred to herein.
Information pertaining to this document may be subject to change, and should be checked against
any modifications or amendments subsequent to the document’s publication.
Acknowledgments:
Staff of the City of Bunbury’s Strategic & Environmental Planning team
Mr Tony Shrapnel (Principle of Shrapnel Urban Planning)
Mr Chris O'Neill (Principal of Chris O'Neill & Associates)
Mr Neil Fraser (Manager Statutory Planning) of the Department of Planning’s South West office
Mr Matt Cuthbert (Senior Project Planner) of the Department of Planning’s South West office
Ms Angela Satre (Consulting Strategic Planner) Cover Photograph:
Cover photo of public artwork The Navigators (detail) by Jon Tarry, 2001. Publication Details:
Published by the City of Bunbury.
Copyright © the City of Bunbury 2011.
Information: Copies of this document are available from the City of Bunbury. Web address:
www.bunbury.wa.gov.au Postal address:
PO Box 21 Bunbury WA 6231
Street address:
4 Stephen Street Bunbury WA 6230
Phone: (08) 9792 7000 Fax: (08) 9792 7184 TTY: (08) 9792 7370 E-mail: [email protected]
Local Planning Scheme Review Report
City of Bunbury ii │ 112
Production Details Edition Details:
Title: Local Planning Scheme Review Report
Production Date: October 2011
Prepared By: City of Bunbury
Author: Thor Farnworth (Coordinator Strategic & Environmental Planning)
Editor: -
Review Status: Draft
Copy Number: -
Project Name: Local Planning Strategy & Scheme Review Project
Project Number: -
File Number: A03929
Modifications List:
Version Date Amendments Prepared by
Advertised Not applicable.
Proposed for Adoption
Final Approval
WAPC Endorsed
Local Planning Scheme Review Report
City of Bunbury iii │ 112
[Page intentionally blank]
Local Planning Scheme Review Report
City of Bunbury iv │ 112
Contents Executive Summary vi
Form No. 1 viii
Scheme Area Map 10
Summary Information 1
Background 5
Introduction 5 Requirement for a Scheme 9 Parts of a Scheme 10
Review of the Model Scheme Text 13 Planning Context 13
State Planning Framework 13 Local Planning Policy Framework 34 Supporting Local Planning Initiatives 52 Link to Resiliency & Emergency Management 56
Scheme Review Procedure 58
Statutory Requirements 58 Request for Exemption from Consolidation 58 Processes for the Scheme Review 59 Community & Stakeholder Consultation 66
Proposal 68
Purpose of Scheme Review 68 Intent of Scheme Review 68 Outcomes of Scheme Review 70
Anticipated Format of Scheme 70 Existing Scheme Lessons Learned 71 Emerging Issues & Trends 76 Drafting Principles for Scheme Text 77 Drafting Principles for Scheme Map 77
Conclusion & Recommendations 80
Annex 1 82
Local Planning Strategy for Environmental Assets and Natural Resources: Legislation and Policy Review Project Research Findings 82
Figures
Figure 1: Bunbury’s historical sequence of subdivision for urban growth. 6
Figure 2: Relationship between the State Planning Framework and the Local Planning Policy Framework. 11
Figure 3: Diagram 3 of the Model Scheme Text Guidelines (July 2000). 17
Figure 4: Evolution of the ESD model. 36
Figure 5: Local Planning Policy Framework hierarchy of documents (the Tools). 39
Figure 6: Breakdown of the Local Sustainability Framework into land use planning functions.40
Local Planning Scheme Review Report
City of Bunbury v │ 112
Figure 7: Extract from DC1.4 Functional Road Classification for Planning on Planning Aspects of the Road Hierarchy. 43
Figure 8: Extract from Liveable Neighbourhoods of Element 1 - Community Design on Neighbourhood and Town Structure. 44
Figure 9: Spectrum of local zones under TPS7. 50
Figure 10: Spectrum of local zones under the Model Scheme Text. 51
Figure 11: The sustainability spectrum and the Local Planning Policy Framework. 57
Figure 12: Link between the Aims of the Scheme and aims-strategies-actions of the Local Planning Strategy. 69
Figure 13: Variances between the Scheme boundary and the Local Government boundary. 72
Figure 14: Preliminary Local Area Planning boundaries. 73 Tables
Table 1: Principles of the State Planning Strategy. 13
Table 2: Extract from State Planning Strategy relevant to the Local Planning Strategy and/or Local Planning Scheme. 15
Table 3: Infrastructure ‘Challenges’ and ‘Response’ of the Draft Greater Bunbury Strategy. 21
Table 4: Comparison of Activity Centre Hierarchies. 28
Table 5: Comparison of diversity performance targets for the desired mix of land uses as a proportion of total floorspace in Activity Centres. 31
Table 6: Vision and Attributes. 35
Table 7: Comparison between GBRS, MST and TPS7 Reserves & Zones. 48
Table 8: General outline of the statutory steps in the Scheme review procedure. 60
Local Planning Scheme Review Report
City of Bunbury vi │ 112
Executive Summary As a first step towards preparing the inaugural Local Planning Strategy and a new Local Planning Scheme, the City of Bunbury has drafted the Local Planning Scheme Review Report for the primary purpose of seeking the Western Australian Planning Commission’s (WAPC) approval to grant an exemption from the requirement to consolidate the existing City of Bunbury Town Planning Scheme No. 7, and instead permission to publicly advertise Council’s resolution to formally initiate a Scheme review in order to formulate the new City of Bunbury Local Planning Scheme No. 8 and its accompanying Local Planning Strategy. The secondary purpose of the Local Planning Scheme Review Report is to document the scope of the proposed Scheme review at its inception, and as such, it is intended to act in part like a traditional Scheme Report. In isolation Scheme Reports of the past have been technical documents that provide a summary assessment of what is presently known of the existing Scheme’s performance in light of current conditions and circumstances, the likely issues and emerging trends that affect land use planning of the city in the future and a justification for how they should be addressed by the Local Planning Strategy and new Scheme. However, it must be remembered that the Local Planning Scheme Review Report only marks the beginning of the Scheme review procedure. Further knowledge will be gained during the Scheme review process on what the full extent of key issues and emerging trends are that must be addressed and the possible solutions that can be formulated in response to the identified challenges. Importantly this process will be informed from the outset by the participation of the community and other stakeholders. The requirement for local governments to prepare strategic land use plans in conjunction with town planning schemes was introduced in October 1999 with an amendment to Town Planning Regulations 1967, which replaced the requirement for a “Scheme Report” that were customarily retrospective in nature with a more strategically oriented “Local Planning Strategy”. The Local Planning Strategy is intended to be the principal document of the Local Planning Policy Framework, as prescribed by Part 2 of the Model Scheme Text (MST). Therefore, before a revised Local Planning Scheme can become effective, it is a statutory requirement that there be an associated Local Planning Strategy that is adopted by Council and endorsed by the WAPC in order to guide not only the implementation of the Scheme over the next five years but to also set the direction for the following 15 to 20 years. Despite the fact that Town Planning Scheme No. 7 was adopted by Council in 2002, there is presently no adopted Local Planning Strategy. Therefore, in Bunbury’s case, as it is with other fast growing regional centres (e.g. Busselton), the Local Planning Strategy is being built up from a suite of supporting topic specific land use planning strategies that break down and deal with the complexity of issues and challenges facing the City’s growth and development over the next couple of decades. These strategies include:
• Local Planning Strategy for Heritage & Character (adopted 6 November 2007);
• Local Planning Strategy for Tourism (adopted 19 May 2009);
• Local Planning Strategy for Activity Centres & Neighbourhoods (adopted 22 March 2011);
• Local Planning Strategy for Environmental Assets & Natural Resources (being drafted as per the update provided at Council’s briefing session on 14 June 2011).
With the WAPC’s endorsement of the above finalised strategies, it is not expected that there will be a need to exhaustively revisit the City’s adopted strategic planning position on such matters as the location and extent of heritage areas, tourism sites, hierarchy of local activity centres and residential density coding.
Local Planning Scheme Review Report
City of Bunbury vii │ 112
The Local Planning Scheme is the core of the Local Planning Policy Framework and is the principal statutory tool for implementing the Local Planning Strategy and achieving the Local Government’s aims and objectives with respect to the development of its municipality. While Schemes deal mainly with regulating the use of land and how it is developed (e.g. granting of planning approval and the setting of conditions), this should be seen in the context of the strategic framework and the broader environmental, social and economic goals and objectives. Town Planning Scheme No. 7 has now been in operation for nine years and must be reviewed. In its time of operation the Scheme has been subject to over 50 amendments, and while it has largely fulfilled its stated objectives, it is not envisaged that the Scheme in the absence of a Local Planning Strategy will be able to adequately accommodate future growth of the City nor cope with the expected changes facing it over the next decade. If the ultimate test of a Local Planning Strategy and Scheme is to make the right balance and trade-offs that result in a more sustainable and resilient city over the longer term – then the brief for the Local Planning Strategy & Scheme Review Project is to come up with a plan that achieves the desired environmental and developmental outcomes for a city that is experiencing and dealing with increasingly complex drivers of change (e.g. population growth, rising energy costs, evolving technologies, climate change, sea level rise, natural disasters, etc). Importantly, it should be recognised that the next Scheme is likely to also take the City to a built out stage of its development, and hence, will be a Scheme that deals more with urban renewal (i.e. brown-field development) than urban expansion (i.e. green-field development). The procedure for reviewing the Scheme is prescribed under the Planning and Development Act 2005 and the accompanying Town Planning Regulations 1967. A local government is to either consolidate or review its Scheme, subject to the approval of the Minister for Planning every five years in accordance with the State Planning Framework. Council is yet to adopt a strategic position on how it will manage the future growth and change of the City with the formulation of its first Local Planning Strategy. Logically this should be implemented by a Local Planning Scheme that is based on the findings and strategic intent of a Local Planning Strategy that is also endorsed by the WAPC. The benefit of preparing a new Scheme is that it enables the opportunity for the City to comprehensively address key issues and emerging trends whilst also enabling it to bring the Scheme further into compliance with the MST. It is anticipated that these modifications to the Scheme will constitute significant changes and must therefore be addressed through the creation of a new Scheme. Given recent public consultation initiatives undertaken as part of major amendments to the existing Scheme (e.g. the R-Code Omnibus Amendment), it is considered that advertising for public comment on the desirability of the review as opposed to a consolidation is not necessary. It should be noted that the City will be undertaking a community consultation program during the Scheme review process, which it is envisaged will exceed the legislative requirements, so that all stakeholders and users of the Scheme will have had the opportunity to meaningfully contribute to setting the City’s future strategic directions and statutory regime. In conclusion, it is recommended that subject to the granting of an exemption from the requirement to consolidate the existing Scheme, Council should resolve to initiate a review of the City of Bunbury Town Planning Scheme No. 7 by resolving to prepare a new Scheme and a Local Planning Strategy.
Local Planning Scheme Review Report
City of Bunbury viii │ 112
Form No. 1 Appendix A, Town Planning Regulations 1967
Planning and Development Act 2005 (as amended)
RESOLUTION DECIDING TO PREPARE
A LOCAL PLANNING SCHEME
Lands Wholly within the District of the Local Government Preparing the Scheme
City of Bunbury Local Planning Scheme No. 8
RESOLVED that the Local Government, in pursuance of Part 5 of the Planning and Development
Act 2005 (as amended), prepare the above Local Planning Scheme with reference to an area situated
wholly within the City of Bunbury and enclosed within the inner edge of black stippled border on a
plan now produced to the Council of the Local Government and marked and certified by Mr
Andrew Brien under his hand dated the 8th December 2011 as “Scheme Area Map”.
Dated this 8th day of December 2011.
............................................................
(Chief Executive Officer)
Local Planning Scheme Review Report
City of Bunbury ix │ 112
[Page intentionally blank]
Local Planning Scheme Review Report
City of Bunbury x │ 112
Scheme Area Map City of Bunbury Local Planning Scheme No. 8
Signed in accordance with the provisions of Part 5 of the Planning and Development Act 2005. Dated this ………. day of ……………….. 2011. ……………………………………………………… Chief Executive Officer
Digital cadastral data supplied by the Department of Land Administration, Perth, Western Australia. Data supplied May 2011 in accordance with licence agreement LI 464-2009-1.
Local Planning Scheme Review Report
City of Bunbury xi │ 112
[Page intentionally blank]
Local Planning Scheme Review Report
City of Bunbury 1 │ 112
Summary Information Proposal
Scheme TEXT: Review of the preamble, all parts and schedules.
Scheme MAP: Review of all map sheets from 1 to 12.
State Planning Framework
State Planning Strategy: As applicable.
State Planning Policies: As applicable, in accordance with section 77 of the Planning and Development Act 2005 regarding the effect of State planning policy.
Development Control Policies: As applicable.
Bunbury–Wellington Region Plan (Greater Bunbury Structure Plan):
As applicable, but is subject to obsolescence with its replacement by the Draft Greater Bunbury Strategy.
Greater Bunbury Region Scheme: As applicable, in accordance with Part 9 of the Planning and Development Act 2005 regarding the relationship between Region Planning Schemes and Local Planning Schemes.
Other: As applicable, e.g. Better Urban Water Management (October 2008), Planning for Bush Fire Protection Guidelines (Edn 2, May 2010), relevant Planning Bulletins and other WAPC sponsored planning studies and guidelines.
Local Planning Policy Framework
Local Planning Strategy: Preparation of the Local Planning Strategy (LPS) is to consolidate:
• Local Planning Strategy for Heritage & Character (2007);
• Local Planning Strategy for Tourism (2009);
• Local Planning Strategy for Activity Centres & Neighbourhoods (2011);
• Local Planning Strategy for Environmental Assets & Natural Resources (being drafted);
• Local Planning Strategy - Integrated Transport
Local Planning Scheme Review Report
City of Bunbury 2 │ 112
Study (being drafted); and
• other relevant corporate strategies and plans such as:
� Bunbury Coastal Plan (1993);
� Bunbury Flood Management Strategy (2004);
� Bunbury Integrated Land Use & Transport Vision 2030 (2006);
� City of Bunbury Recreation Plan (2006);
� Bunbury Community Safety & Crime Prevention Program Plan (2008);
� City of Bunbury Bicycle Plan (2010); etc.
Local Planning Scheme: The Scheme being revised is the “City of Bunbury Town Planning Scheme No. 7” (TPS7). The revised new Scheme is to be titled “City of Bunbury Local Planning Scheme No. 8” (LPS8).
Scheme TEXT: Review of the Scheme Text provisions (i.e. preamble, all parts and schedules) as required in accordance with the Model Scheme Text (MST) under Appendix B of the Town Planning Regulations 1967 (as amended). However, the review is to be informed by provisions already revised by the following key amendments to TPS7:
• Scheme Amendment 30 (Region Scheme Compliance Omnibus Amendment);
• Scheme Amendment 33 (Car Parking);
• Scheme Amendment 38 (R-Code Omnibus Amendment);
• Scheme Amendment 41 (Office Use and the Mixed Business Zone);
• Scheme Amendment 44 (Structure Planning); and
• Scheme Amendment 54 (Permitted Development), etc.
Scheme MAP: Special Control Area -
Review of the Scheme Map as required. However, review is to be informed by map boundaries already revised by the following amendments to TPS7:
• Scheme Amendment 30 (Region Scheme Compliance Omnibus Amendment);
• Scheme Amendment 38 (R-Code Omnibus Amendment); and
Local Planning Scheme Review Report
City of Bunbury 3 │ 112
• Scheme Amendment 44 (Structure Planning).
Zone / Reserve - Review is to consider all local zones and reserves as required. Sundry amendments to local zone and reserve boundaries including Special Use Zones.
R-Code - Review is to consider residential density as required, but it is to be informed by the density coding already revised by Scheme Amendment 38 (R-Code Omnibus Amendment) to TPS7 for established neighbourhoods. The focus of the review is to be on new neighbourhoods in structure plan areas.
Heritage List: Not applicable, as it is a separate procedure to the Scheme review.
Local Planning Policy: Not applicable, as they are separate and subordinate to the Scheme. The Local Planning Policy review programme is nevertheless underway, which will be informed by the overarching Local Planning Strategy.
Other: Local Planning Manual: A guide to the preparation of local planning strategies and local planning schemes in Western Australia (March 2010).
Local Planning Scheme Review Report
City of Bunbury 4 │ 112
[Page intentionally blank]
Local Planning Scheme Review Report
City of Bunbury 5 │ 112
Background Introduction The coastal port city of Bunbury was settled in 1829 and is located approximately 175 kilometres south of Perth, Western Australia. In 1871 the Municipality of Bunbury was gazetted, followed by the Bunbury Suburban Road District in 1899, which later became the Bunbury Road District in 1908. The two entities were then merged in 1950 to become the Shire of Bunbury. On 1 July 1961, the municipality of Bunbury became a Town following the enactment of the Local Government Act 1960, and in 1979 it finally attained City status. The City of Bunbury occupies a land area of just 65.7 square kilometres, which is 47 percent of the 138.7 square kilometres that currently makes up the total area of the Bunbury Urban Area. The Bunbury Urban Area is comparable to the Statistic Local Area (SLA) boundary used by the Australian Bureau of Statistics (ABS), and is made up of the City of Bunbury and the adjoining suburban areas in the shires of Harvey (Australind and Leschenault), Dardanup (Eaton) and Capel (Dalyellup). Approximately 50% of all people living in the South-West, which is the State’s most populous region outside of metropolitan Perth, reside in the Greater Bunbury sub-region. The total population of the Bunbury Urban Area is around 68,000 people, 49 percent of which resides in the City of Bunbury which has now reached a population of just over 34,000. The Bunbury Urban Area grew at an average annual rate of 4.2 percent for the period 2005 to 20101, making it one of the nation’s fastest growing regional areas along with Mandurah, Hervey Bay and Mackay. In addition to its established neighbourhoods, the City of Bunbury encompasses significant employment areas located in the central business district (CBD), Port and industrial areas. Adjacent areas outside of the City in the broader Bunbury Urban Area comprise of mainly dormitory suburbs with a relatively smaller proportion of commercial and industrial activities.
1 ABS Catalogue 3218.0, March 2011.
Bunbury–Wellington Region
Warren Blackwood Region
Vasse Region
Bunbury Urban Area
Greater Bunbury Sub-region
For time and the world do not stand still. Change is the law of life. And those who look only to the past or present are certain to miss the future.
J. F. Kennedy, address in the assembly hall at Paulskirche, Frankfurt, June 25 1963.
Local Planning Scheme Review Report
City of Bunbury 6 │ 112
Bunbury like many areas in Western Australia experienced significant population growth in the post Second World War period, with the expansion of primary industries like dairying, grazing, cropping, timber and coal mining in the region. In more recent decades the mining boom for metals and mineral sands, supplemented by tourism and lifestyle or retirement migration, has provided an additional catalyst for population and local economic growth (see Figure 1). Figure 1: Bunbury’s historical sequence of subdivision for urban growth. By the early 1990’s the City’s population growth rate slowed due to falling average household size (occupancy rate) and a larger share of residential development spilling over into adjoining Shires; with substantial population growth in the suburbs of Australind, Leschenault, Eaton and in Dalyellup since 2000. Overall, employment factors are expected to have the strongest bearing on population growth over the next fifteen to twenty years for the City of Bunbury and its surrounds. Global demand for
Local Planning Scheme Review Report
City of Bunbury 7 │ 112
resources has encouraged significant growth in primary industries extracting minerals, energy and agricultural commodities, and has resulted in relatively strong expenditure patterns and employment growth in Bunbury. The City is expected to also benefit from further growth and enhancement of its service functions, most notably as a result of the Bunbury Urban Area reaching a critical mass in population of just over 100,000 by 2031.2 With rapid growth the City has become increasingly challenged by an array of development pressures, opportunities and expectations that call for robust, innovative and progressive approaches to managing change at both the local and regional level. It was in response to these challenges that the City of Bunbury embarked upon the preparation of a comprehensive community based planning programme that sought to influence change and steer future growth in Bunbury in order to strengthen the role of the City as a regional capital and consolidate the City’s future planning approaches. The City Vision project was initiated in 2004 under the stewardship of the City Vision Taskforce, which was commissioned with the terms of reference to develop a strategy for the sustainable development of Bunbury, inclusive of the Greater Bunbury Region, over a 25 year timeframe. The City Vision process was based on the Oregon model of community visioning,3 which included extensive community engagement as its foundation for research, analysis and formulation of the vision, goals, objectives and strategy solutions. During this process a number of visioning exercises were conducted in order to capture ideas of what Bunbury’s community aspires to be like in a generation’s time. The local community’s interest in participating in a series of large scale workshops demonstrated a desire to be meaningfully engaged as the authors and designers of their own City. The significant contributions made by participants were initially captured in words by the City Vision Strategy Scoping and Positioning Paper4 and in images in the City Vision “Picture Book”.5 This work was further explored through the undertaking of a number of precinct based visioning or concept planning exercises, which were prepared in order to explore the ideas and opportunities identified and to foster public debate on what possibilities could be realised in the future. The visioning process drew on the work of committees, public workshops, a website display, precinct forums and a summit meeting workshop. As well, the process drew on the expertise of the Taskforce, which had commissioned a number of studies and reports. An
2 City of Bunbury Population and Household Forecasts (13 April 2010), prepared by I.D.CONSULTING Pty Ltd for the
City of Bunbury. 3 Oregon Visions Project 1993, Guide to Community Visioning: Hands-On Information for Local Communities. 4 City of Bunbury 2005, City Vision Strategy Scoping and Positioning Paper. 5 Strategy for Bunbury (also known as the City Vision “Picture Book”) prepared by COX Architecture Pty Ltd, 2005.
City Vision “Picture Book”
Local Planning Scheme Review Report
City of Bunbury 8 │ 112
outcome of the community’s involvement was the identification of three distinct values that were acknowledged as the basis of City Vision. These values were:
• community engagement;
• identification of those attributes or elements that are representative of the City’s vision; and
• application of the triple bottom line sustainability approach, toward addressing environmental, social and economic factors.
The visioning process culminated in the presentation by the Taskforce to the City of Bunbury Council of the draft City Vision Strategy in October 2006. Council adopted the draft City Vision in principle in December 2006 and finally adopted the award winning City Vision Strategy: Shaping the future of Bunbury at its ordinary meeting on 18 September 2007 (decision number 193/07).6 The City of Bunbury Council in partnership with the community, is now undertaking the challenging task of delivering on the City Vision Strategy. An important component in that task will be the production of an inaugural Local Planning Strategy and new Local Planning Scheme, which will contribute to the City’s capacity to generate development that meets our requirements for greater environmental, social and economic sustainability. As the first step in beginning that process - Council must formerly initiate a review of its existing Scheme, and in doing so, must outline the key issues and directions for the Local Planning Strategy and new Scheme. This review is being undertaken as part of comprehensive reform of the entire Local Planning Policy Framework - which also includes the ongoing Local Planning Policy review programme, structure planning and review of the standard conditions for planning approval. As such, the new Scheme is simply the core statutory planning instrument of a larger integrated Local Planning Policy Framework that plays a key role in ensuring that the City of Bunbury retains the character, lifestyle and natural values that are important to its community now and that will be even more important for future generations. In practical terms, the transition from TPS7 to a revised new Local Planning Scheme No. 8 (LPS8) is well advanced, and has already progressed through a series of necessary milestones. The timeframe for the completion of the Scheme review process is therefore expected to be within the next 12 months, but this timeframe is dependant upon a number of other stakeholders and external factors that are beyond the City of Bunbury’s control. Nevertheless, the City has forged ahead with the Local Planning Strategy & Scheme Review Project by amongst other things:
• Appointing of a consultant as part of the City’s project team.
• Holding of a two day Scheme Review Project initiation workshop in May of this year with the participation of the consultant and senior planning officers from both the City and from the Department of Planning (DoP) in order to identify key issues, emerging trends and agreed approaches.
• Completing a number of supporting land use planning strategies, such as the Local Planning Strategy for Activity Centres & Neighbourhoods which was adopted in March 2011.
6 Planning Institute of Australia (PIA) Western Australian Division 2008 Awards for Excellence for the categories of
Rural and Regional Planning Achievement and the overall Premier’s Award.
The City Vision Strategy identified a vision for Bunbury to be:
A uniquely Western Australian international port city linked into the global economy, Bunbury will strive to become a sustainable community, offering a high quality of life, focused on balancing environmental, social and economic needs. As the capital of the South West, it will aspire to promote the region as one of the finest in Australia, recognised for its diversity in culture, lifestyle opportunity and economic strength.1
Local Planning Scheme Review Report
City of Bunbury 9 │ 112
• Progressing with the final land use planning strategy with the drafting of the Local Planning Strategy for Environmental Assets & Natural Resources. This strategy is a key plank in the new Local Planning Policy Framework, in that it will not only inform the preparation of the Local Planning Strategy and revised Scheme, but also the management of a range of strategically important environmental matters (e.g. conserving the City’s biodiversity, adapting to climate change and associated sea level rise, and managing its carbon footprint, contaminated sites, animal and plant pests, etc).
• Progressing with a number of important scheme amendments, such as Scheme Amendment 33 (Car Parking) and Scheme Amendment 38 (R-Code Omnibus Amendment).
Requirement for a Scheme The City of Bunbury has a legislative responsibility under the Planning and Development Act 2005 to:
• provide for an efficient and effective land use planning system; and
• promote the sustainable use and development of land,
in the local government area (or “Scheme Area”) as part of the State. More specifically the Act requires that the City of Bunbury is responsible for preparing a Local Planning Scheme (or “Scheme”) for its local government area with the general objective of making suitable provision for the improvement, development and use of land in the local planning scheme area in relation to those matters that may be dealt with by a planning scheme (in accordance with Schedule 7 of the Act). A Local Planning Scheme is a statutory instrument prepared by the Local Government for regulating how land may be lawfully used and developed within its municipal district. Local Planning Schemes are made under Part 5 of the Planning and Development Act 2005, which sets out the general rules for making, amending and reviewing Local Planning Schemes. The Act also provides for supporting Regulations that detail the procedure for preparing and amending Local Planning Schemes, and prescribes that the format and content of a Scheme is to be in accordance with the Model Scheme Text (MST) under Appendix B of the Town Planning and Development Regulations 1967. As such, the purpose of Local Planning Schemes as listed in clause 1.5 of the MST are to:
• set out the Local Government’s planning aims for the Scheme Area, and implement the Local Planning Strategy;
• set aside land as reserves for public purposes, in accordance with the ‘Aims of the Scheme’ and the Local Planning Strategy;
• zone land within the Scheme Area in accordance with the Aims of the Scheme and the Local Planning Strategy;
• control and guide land use and development in accordance with the Aims of the Scheme and the objectives of the respective zones and reserves;
• make provision for the administration and enforcement of the scheme where necessary to supplement the provisions in the Act; and
• provide for such other matters as set out in the Schedule 7 of the Act as are necessary and appropriate to the local government district.
The Scheme is made up of legal provisions, the ‘rules’ referred to as the Scheme Text, and a series of map sheets referred to collectively as the Scheme Map. Together the Scheme Text and Scheme Map apply to the whole of the Scheme Area, which relates to the total area of land encompassed by the municipal boundaries of the City. The Scheme Text expresses the aims of
Local Planning Scheme Review Report
City of Bunbury 10 │ 112
the Scheme and stipulates how land may be used or developed in the Scheme Area, and is made up of a number of parts, each dealing with different aspects of land use and development. The Scheme Map illustrates the spatial arrangement of local zones and reserves, the residential density coding, any additional or restricted uses that may apply to individual land parcels (or ‘lots’) and the extent of Special Control Areas that may also apply to land. Parts of a Scheme Part 1 of the Scheme Text sets out its legal title and authority, its composition, the definition of terms used, and its relationship to other planning schemes and laws. Most importantly it states the ‘Aims of the Scheme’ which are transposed from the strategic aims of the Local Planning Strategy. The listed aims form the key link between the strategic context of the local, regional (Greater Bunbury) and state (South West) levels of planning. Part 2 of the Scheme establishes the head of power for how the Scheme links to the rest of the Local Planning Policy Framework,7 by setting out the relationship between the Scheme and the Local Planning Strategy, and the procedures for preparing and adopting Local Planning Policies. By invoking the Local Planning Strategy as the primary planning tool and basis for the formulation and implementation of the Scheme, the Scheme places an emphasis on how the City is planned for within its strategic context and establishes a formal link to the higher State Planning Framework (see Figure 2). As can be appreciated from the diagram below, the Local Planning Strategy must take account of and address a broad range of locally relevant ecological, social and economic factors that affect, and are in turn affected by, land use and development within the Local Government area and in context of its sub-region. The WAPC’s updated Local Planning Manual (March 2010),8 specifies that the Local Planning Strategy should as a minimum:
• be consistent with state and regional planning policy, including current strategies, structure plans and strategic development initiatives (or provide the rationale for why it is not);
• provide strategic direction for land use planning and development over the ensuing 10 years or longer as the basis for the Local Planning Scheme;
• set out the strategic direction for sustainable resource management and development in the context of state and regional planning;
• provide the rationale for the zoning and reservation of land and for the provisions of the Scheme relating to development and development control;
• provide a strategic framework for assessment and decision-making in relation to proposed scheme amendments, subdivision, and development;
• provide the context for coordinated planning and programming of physical and social infrastructure at the local level; and
• identify the need for further studies or investigation within a local government area to address longer term strategic planning and development issues.
In doing so the Local Planning Strategy provides the critical interface between regional and local planning, and is increasingly being relied upon by State government agencies to address a broad scope of environmental, social and economic issues (such as transportation, resource management, emergency management, crime prevention, etc) at a strategic level. The Local Planning Strategy sets out the Local Government’s objectives for future planning and development of the City and includes an overarching land use and development structure by which to pursue those objectives. Invariably then, it is expected by the Commission and the community that these 7 The term “Local Planning Policy Framework” collectively refers to the Local Planning Strategy, the Local Planning
Scheme and supporting Local Planning Policies. 8 The Local Planning Manual (March 2010) replaced the Planning Schemes Manual (2000).
Local Planning Scheme Review Report
City of Bunbury 11 │ 112
objectives should collectively seek to achieve greater ecologically sustainable development outcomes at the local level. Figure 2: Relationship between the State Planning Framework and the Local Planning
Policy Framework. Under Part 2 of the Scheme, Local Planning Policies will continue to form an integral part of the Local Planning Policy Framework in support of the Scheme. Local Planning Policies may deal with any matter related to planning and development, either generally or for a particular class of land use within a zone; and may apply throughout the Scheme Area or to one or more local areas. Local Planning Policies are to provide guidance for the Local Government in exercising its discretion under the Scheme when making decisions regarding the granting of planning approval and managing consequential development processes and outcomes. It must be remembered though that Local Planning Policies, unlike the Scheme provisions, are not binding on the Local Government in respect of assessing any application for planning approval. However, the Local Government is to have due regard to the provisions and the objectives of any relevant Local Planning Policy before making its determination. Part 3 of the Scheme Text reinforces the primacy of regional reserves, of which it should be noted that any land shown as a regional reserve on the Scheme Map is land reserved by the
Local Planning Policy Framework
Local Planning Strategy
Town Planning Scheme
Local Planning Polices
Local Laws
Strategic Community Plan
Town Planning Regulations
Planning & Development Act
State Planning Framework
State Planning Strategy
State Planning Policies
Regional Strategy
Region Planning Scheme
Regional Structure Plans Operational Policies
Other Legislation & Policy
Bush Fires Act
Heritage of Western Australia Act
Environmental Protection
Act
Others…
Local Planning Scheme Review Report
City of Bunbury 12 │ 112
Commission pursuant to the Greater Bunbury Region Scheme (GBRS) in accordance with Part 4 of the Planning and Development Act 2005. As this land is not reserved by the Local Planning Scheme, compensation for injurious affection is not be payable by the Council in respect of regional reserves. Instead, the provisions of the Region Planning Scheme continue to apply to such reserves and approval is required under the GBRS from the Commission for the commencement or carrying out of any use or development on a regional reserve unless specifically excluded by the GBRS. Part 3 of the Scheme Text also sets out the local reserves and their intent with respect to their use and development. Part 4 of the Scheme Text sets out the local zones and their objectives that apply to land in the Scheme Area, and the particular classes of land use that are permitted or prohibited within each of the different zones. The individual zone provisions are only intended to address specific requirements for development and use of land for those matters unique to each zone. Land within the City is divided into zones (such as residential, commercial or industrial and others) which reflect the predominant character or function of an area or precinct. The purpose of the zones are to accommodate similar or compatible uses within defined areas, and exclude other uses which do not fit the intended purpose or impact on the amenity or character of the local area. Part 5 of the Scheme Text deals with general development requirements and standards that apply to a particular type (class) of land use or aspect of development in the Scheme Area - such as site requirements, access, parking, building design, setbacks and landscaping, for residential, commercial, industrial and other uses. The general standards for the development or use of land contained in the relevant provisions of the Scheme under Part 5 are to be read in conjunction with Part 4 and any corresponding Local Planning Policies where referred to by those provisions. The Special Control Areas detailed in Part 6 (and depicted on the Scheme Map or supplementary overlay maps) apply to various areas of the City for a variety of reasons. These provisions, which apply in addition to the zone requirements, generally concern landscape, environmental, built form, and land management issues. The provisions of a Special Control Area only applies to land where a proposed use or development is directly affected (impacted upon) by the constraint that is the subject of a code, and is indicated on the Scheme Map by a Special Control Area. Special Control Areas provide supplementary controls over areas affected by certain land use constraints or environmental conditions that may limit the type or intensity of development, such as:
• conservation of the natural environment values or resources (e.g. ecologically sensitive areas and protection of public groundwater supply);
• protection of environment quality (e.g. building within areas affected by aircraft noise); and
• maintenance of public infrastructure (e.g. development along transport corridors). A Special Control Area may also impose a requirement for development contributions (monetary or land) as part of any planning approval through a Guided Development Scheme. This is for the funding of public open space or infrastructure to sustain a growing local community. Part 7 of the Scheme Text sets out the MST provisions that apply for the protection of areas and places of local cultural heritage significance that may exist within the City. This part establishes a head of power for the adoption of the City’s “Heritage List” by Council, which is not part of the Scheme but is invoked by it for the purposes of necessitating applications for planning approval to develop places of recognised cultural heritage value. It should be noted that the Heritage List is also separate to the Local Government Inventory (commonly known as a ‘Municipal Inventory’), which all local governments are required to prepare in accordance with the Heritage of Western Australia Act 1990. The purpose of the Local Government Heritage Inventory is to identify local heritage assets in a systematic fashion, and provide the base information required for local heritage planning to achieve consistency, strategic direction and community support. As such, the Local Government Heritage Inventory does inform the preparation and review of the Heritage List.
Local Planning Scheme Review Report
City of Bunbury 13 │ 112
Parts 8 through to 10 form the core legal provisions of the Scheme, addresses the circumstances, procedures and matters to be considered in making and assessing applications for planning approval to develop or use land. Part 11 then deals with the general provisions of the administration of the Scheme and for the enforcement of it and planning approvals. Review of the Model Scheme Text Planning Bulletin # 35 Town Planning Amendment Regulations 1999: Model Scheme Text was published in November 1999 notifying of the gazettal of the Town Planning Amendment Regulations 1999 on 22 October 1999, which gave effect to the MST. The Regulations require that local government zoning schemes (i.e. Local Planning Schemes) must comply with the MST except where the Minister for Planning approves any variation or exclusion to the provisions. Whilst Planning Bulletin # 35 was the Commission’s last officially published position on the matter - it should be noted that since October 2008 the WAPC has undertook a comprehensive review of the MST as part of preparing the General Provisions for Local Planning Schemes Regulations that will replace the existing Town Planning Regulations 1967. Nevertheless, it is assumed that the review of the MST will have little if any implications on the Scheme review - as it is not anticipated that the MST review will be concluded for some time considering that the scope of the MST review has been widened to include a concurrent review of the Regulations under which Local Planning Schemes are prepared and by which the MST is given effect. For a fuller understanding of Local Planning Schemes and how to use them, please refer to the WAPC’s publication User’s Guide to the Town Planning Scheme - A guide for the user to understand the workings of the Town Planning Scheme (July 2000), which is published as part of the Planning Schemes Manual - Western Australia suite of documents. Planning Context State Planning Framework State Planning Strategy The State Planning Strategy was adopted by the WAPC in December 1997 in order to coordinate a whole-of-government approach to the long term planning of the State and its nine regions. More particularly, the State Planning Strategy is designed to provide strategic guidance for land use planning throughout the State out to the year 2029 according to the set of five principles set out in Table 1 below. It is noted that the WAPC is currently reviewing the State Planning Strategy, with a planning horizon to 2050. Table 1: Principles of the State Planning Strategy.
• Environmental principle - To protect and enhance the key natural and cultural assets of the State and deliver to all Western Australians a high quality of life which is based on environmentally sustainable principles.
• Community principle - To respond to social changes and facilitate the creation of vibrant, accessible, safe and self-reliant communities.
• Economic principles - To actively assist in the creation of regional wealth, support the development of new industries and encourage economic activity in accordance with sustainable development principles.
Local Planning Scheme Review Report
City of Bunbury 14 │ 112
• Infrastructure principle - To facilitate strategic development by ensuring land use, transport and public utilities are mutually supportive.
• Regional development principle - To assist the development of regional Western Australia by taking account of the region’s special assets and accommodating the individual requirements of each region.
The stated Vision for Western Australia in 2029, as expressed by the State Planning Strategy, makes reference to Bunbury accordingly:
The 2.7 million total population will be concentrated in the area of relative comfort and amenity south-west of a line between Lancelin and Albany. Here the growth of Perth will have been managed to see its population grow to two million in 2029, slowed by deliberate policies to develop a number of smaller towns and communities through the Avon Arc, down the foothills of the Darling Range to Bunbury and building on the existing small towns and hamlets of the South-West. Busselton and Albany will be significant cities with in excess of double their current populations and the focus of development in and around Bunbury will have resulted in it cementing its status as the State’s second city.
Despite the fact that of the Strategy is some 13 years old, section 2 of the Strategy titled ‘Driving Forces’ nevertheless remains valid in its intent by stating that:
… planning must also address the continuing growth expected elsewhere. It is predicted that a number of regions in the south-west of the State and adjacent to the main regional centres (Bunbury, Kalgoorlie, Albany and Geraldton) will experience quite rapid population growth in the next three decades. Planning also must respond to the growing desire to discourage contiguous growth and facilitate the development of separate, sustainable towns.
The State Planning Strategy identifies the City’s urban area as part of the ‘South West Urban System’, which has the following main objectives:
Local Planning Scheme Review Report
City of Bunbury 15 │ 112
• implement the South West Urban System, South West Tourism Study and the Greater Bunbury Region Scheme;
• provide for settlement growth and lifestyle opportunities; and
• protect and manage natural resources. Part 2 of the State Planning Strategy sets out under the heading of ‘8.1 Planning for the Southern Regions’ the third growth management program, that most relevant to the Scheme review, and which is required to be implemented accordingly:
3. Development of the South-West Urban System to:
• Provide nodal development with local employment opportunities.
• Identify distinct environmental breaks and alternative ways of protecting landscapes.
• Identify land required for long-term urban expansion.
• Provide more definitive framework for the provision of transport infrastructure. Under the heading of ‘8.1.3 South-West Region’ the set of principles, strategies and actions are set out in table format according to a triple-bottom-line framework. Whilst these are dated and apply generally to all rural and urban settlements in the region (ranging from relatively small country townships up to that of a regional centre such as Bunbury), those listed in Table 2 below are nevertheless still relevant to the preparation of the inaugural Local Planning Strategy and review of the Local Planning Scheme for Bunbury today. Table 2: Extract from State Planning Strategy relevant to the Local Planning Strategy
and/or Local Planning Scheme.
Principle Strategies Actions
Environment and resources
Protect sensitive environmental areas and cultural heritage.
� Identify and protect areas which could be protected as regional open space under a statutory region schemes which might not otherwise be so protected, such as pockets of remnant vegetation.
� Investigate alternative methods of protecting valuable natural environments.
� Consolidate unprotected prime terrestrial conservation and recreation areas into the CALM estate, including, where appropriate, areas near the Leeuwin-Naturaliste National Park and national parks in the Warren-Blackwood area.
� Protect culturally significant places through town planning schemes.
� Prevent inappropriate subdivision and development within regionally significant landscapes.
� Provide integrated planning approach near coast areas through regional planning strategies and statutory region schemes.
Community
Provide a sense of community.
� Ensure that social and service infrastructure provision is adequate to support a range of lifestyles in smaller regional towns.
� Monitor townsite growth and population distribution to ensure that infrastructure provision matches the demographic profile of local areas.
Economy Promote � Identify in regional strategies areas of future urban growth and
Local Planning Scheme Review Report
City of Bunbury 16 │ 112
Principle Strategies Actions
opportunities for economic growth.
prevent short-term subdivision that would conflict with long-term urban development.
� Monitor townsite growth and population distribution to ensure that infrastructure provision matches the demographic profile of local areas.
Plan for tourism development.
� Recognise tourism as a legitimate land use compatible with a range of existing land uses and incorporate into future regional planning strategies and town planning schemes.
Infrastructure
Provide a strategic transport network within and to the South-West Region.
Implement transport strategies such as the Southern Province Transport Strategy, Roads 2020 Strategies and the Additional Funding for Roads, including the following specific proposals:
� Secure both road and rail transport linkages to the Port of Bunbury from heavy industry estates such as Kemerton, and from the regional transport network, with the assistance of a statutory region scheme.
� Investigate freight bypasses around growing urban centres in the region, especially Bunbury, Bridgetown, Busselton, Donnybrook, and Collie.
� Develop and maintain rail facilities and secure unused rail corridors within the region.
� Upgrade the Bunbury-Manjimup strategic freight route.
� Investigate and pursue the provision of upgraded east-west transport linkages to the Wheatbelt Region from Bunbury.
� Develop a program to provide high standard strategic road routes from Perth to regional service centres at Bunbury, Manjimup and Busselton.
� Investigate the potential for a rapid transit commuter link between Perth and Bunbury and possibly Busselton.
� Secure the longer term functioning of major transport infrastructure, such as the Port of Bunbury, in determining suitable buffer zones in accordance with the State Buffer Policy.
State Planning Policies State Planning Policies (referred to as Statements of Planning Policy under the former Act) are prepared and adopted by the WAPC under statutory procedures set out in Part 3 of the Planning and Development Act 2005. The process of preparing a State Planning Policy also includes public consultation and consideration by the Minister for Planning and the Governor of Western Australia. The WAPC and local governments must have 'due regard' to the provisions of State Planning Policies when preparing or amending both Local Planning Strategies and Local Planning Schemes and when making decisions on planning matters. Statement of Planning Policy No. 1 State Planning Framework Policy (Variation No. 2), gazetted on 3 February 2006, is the latest version of a policy that was initially gazetted on 22 December 1998 as Statement of Planning Policy No. 8. As its title suggests, the State Planning Framework Policy is meant to integrate other existing state-wide and regional policies, regional and sub-regional strategies and structure plans. The purpose of the State Planning Framework Policy is to provide a context for decision-making on land use and development across Western Australia and to assist local governments in preparing their Local Planning Schemes. Consequently, in accordance with section 77 of the Planning and Development Act 2005 regarding the effect of State Planning
Local Planning Scheme Review Report
City of Bunbury 17 │ 112
Policies, a review of the Scheme must translate the principles of the State Planning Framework Policy for land use planning and development, which are common to the State Planning Strategy, into the local context via the Local Planning Strategy (see Figure 3). Figure 3: Diagram 3 of the Model Scheme Text Guidelines (July 2000).9 Therefore, guidance on how the overarching planning principles will be translated into the Local Planning Strategy and revised Scheme will be sought from all relevant State Planning Policies, but specifically from the following key policies pertinent to Bunbury:
9 Model Scheme Text Guidelines: Advice and information to Local Governments and others preparing or amending
Schemes based on the Model Scheme Text, July 2000, prepared by the WAPC as part of the Planning Schemes Manual - Western Australia.
• Statements of Planning Policies -
� SPP2 Environment and Natural Resources Policy (2003),
� SPP2.6 State Coastal Planning Policy (2003),
� SPP2.7 Public Drinking Water Source Policy (2003),
� SPP2.9 Water Resources – Draft (2004),
� SPP3 Urban Growth and Settlement - Draft (2005),
� SPP3.1 Residential Design Codes (Variation 1) (2008),
� SPP3.4 Natural Hazards and Disasters - Draft (2004),
� SPP4.1 State Industrial Buffer Policy (Review) - Draft (2004),
� SPP5.2 Telecommunications Infrastructure (2004);
� SPP 5.4 Road and Rail Transport Noise and Freight Considerations in Land Use Planning
• Regional Strategies -
Local Planning Scheme Review Report
City of Bunbury 18 │ 112
� Bunbury-Wellington Region Plan (1995);
• Regional and Sub-regional Structure Plans -
� Glen Iris Structure Plan (2010),
� Preston Industrial Park (North Precinct) Structure Plan (2009),
� Greater Bunbury Structure Plan (1995);
• Strategic Policies -
� Service Stations Policy - Draft (1994),
� Government Sewerage Policy: Perth Metropolitan Region (1995),
� Industry 2030 - Greater Bunbury Industrial Land and Port Access Planning (2000),
� Liveable Neighbourhoods Edition 3 - Draft (2004);
• Operational Policies -
� DC 1.1 Subdivision of Land - General Principles (2004),
� DC 1.2 Development Control - General Principles (2004),
� DC 1.4 Functional Road Classification for Planning (1988, updated 1998),
� DC 1.5 Bicycle Planning (1990, updated 1998),
� DC 1.6 Planning to Support Transit Use and Transit Oriented Development (2006),
� DC 1.7 General Road Planning (1990, updated 1998),
� DC 2.2 Residential Subdivision (2003),
� DC 2.3 Public Open Space in Residential Areas (2002),
� DC 2.4 School Sites (1998),
� DC 2.5 Special Residential Zones (1988, updated 1998),
� DC 3.7 Planning for Bushfire Protection (2001),
� DC 4.1 Industrial Subdivision (1988),
� DC 4.2 Planning for Hazards and Safety (1991),
� DC 5.1 Regional Roads (Vehicular Access) (1988, updated 1998),
� DC 5.3 Use of Land Reserved for Parks and Recreation (1999);
• Other -
� Ocean to Preston River Regional Park Establishment Plan (2011).
Bunbury–Wellington Region Plan (Greater Bunbury Structure Plan) The Bunbury-Wellington Region Plan, which incorporates the Greater Bunbury Structure Plan, replaced the Bunbury Region Plan (1987) when it was endorsed by the Minister for Planning in November of 1995; and despite the fact that it was designed to be the community’s regional plan for a nominal planning horizon of up to 2011, the fact that it so comprehensively addressed the spectrum of triple-bottom-line matters on a 20 year time frame has meant that it remains a seminal document in the planning of the south west region. The reason for the Plan’s robustness can be attributed to its methodology, which utilised a bio-physical approach that was based upon water catchments - and is now typically employed as standard practice in other jurisdictions nationally and internationally (e.g. as supported by New Zealand’s Resource Management Act 1991 and Queensland’s Sustainable Planning Act 2009 which replaced the Integrated Planning Act 1998). The Region Plan component that encompasses the local governments of Bunbury, Capel, Harvey, Dardanup and Collie outlines the principles, policies and strategies that are then translated into more detail in the various structure plans. The objectives of the Greater Bunbury Structure Plan in relation to the relevant planning units that cover the City, which are too numerous to mention here, remain enduringly relevant to current trends and circumstances. This is not surprising given that the methodology used in the formulation of the Plan was and remains best practice, and consequently anticipated many of the emerging issues that continue to exert an influence over the region today. It should be noted however that the Bunbury–Wellington Region Plan and associated Greater Bunbury Structure Plan is now considered obsolete by the Commission and will be replaced by the draft Greater Bunbury Strategy (discussed below), which at the time of drafting this report had been released for public comment. Nonetheless, the preparation of the Local
Local Planning Scheme Review Report
City of Bunbury 19 │ 112
Planning Strategy and revised Local Planning Scheme will expectedly draw upon the Bunbury-Wellington Region Plan given the quality of its information and continued relevance of much of the Plan’s principles, policies and strategies. Draft Greater Bunbury Strategy & Draft Activity Centres for Greater Bunbury Policy The Draft Greater Bunbury Strategy (June 2011) and Draft Activity Centres for Greater Bunbury Policy (June 2011) was released by the WAPC for the purpose of public advertising from 30 June up until 4 October 2011. Given that the Draft Regional Strategy and Draft Activity Centres Policy may have the potential to influence the scope and direction of the future Local Planning Strategy and new Scheme, the initial task of the Scheme review has been to critically analyses all aspects of the draft documents in order consider any implications or impacts they may have on the emerging Local Planning Policy Framework (i.e. particularly in relation to future transport and activity centre planning). Whilst the Draft Regional Strategy is a non statutory document,10 it is nevertheless expected by the Commission that Local Planning Strategies and Schemes should take account of and be consistent with regional and sub-regional planning strategies where possible (i.e. subject to there being a clear, relevant and feasible link to the role and responsibilities of Local Government). Preliminary evaluation suggests that the Draft Regional Strategy and Draft Activity Centres Policy, although fundamentally different to the Bunbury–Wellington Region Plan and State Planning Policy 4.2 Activity Centres for Perth and Peel respectively, do reaffirm the City of Bunbury’s recent reforms made to its local activity centre hierarchy and interdependent residential density coding. So whilst the Draft Regional Strategy is ambiguous on the roles and responsibilities of local government in planning for their respective districts, a step in the Local Planning Strategy & Scheme Review Project will be to translate the correlating outcomes of recent activity centre and residential density coding reforms into the Local Planning Strategy and new Scheme that can be relied upon to underpin a significant proportion of the sub-region’s growth over the next 20 years. Even despite the expected contribution that the Local Planning Strategy and new Scheme will have in making Bunbury a more compact and connected city, there will nevertheless be a requirement for additional urban growth to be supplemented by the establishment of a new suburb in Eaton and the growth of surrounding satellite townships envisaged by Draft Regional Strategy as a minimum. Draft Greater Bunbury Strategy It can be presumed that the Draft Greater Bunbury Strategy (either in its current or modified form) will be endorsed by the WAPC as a “Regional Strategy” under the provisions of Statement of Planning Policy No. 1 State Planning Framework Policy (SPP1). As such, the Draft Greater Bunbury Strategy can be described as a policy document for guiding the growth and development of the sub-region according to broad set of objectives and strategic responses. The stated purpose the Greater Bunbury Strategy is to provide a strategic planning framework that gives clear direction for the planning and management of urban growth to at least the year 2031. The plan asserts that addresses the key elements within the Greater Bunbury sub-region to inform and guide the:
• preparation of strategic and statutory plans and policies by landowners, land developers and infrastructure providers, and by certain State Government agencies; and
• consideration for the approval processes of district and local structure plans by the state government agencies, local governments and the Western Australian Planning Commission.
10 In accordance with Part 9 of the Planning and Development Act 2005 regarding the relationship between sub-region
planning schemes and local planning schemes.
Local Planning Scheme Review Report
City of Bunbury 20 │ 112
The Draft Greater Bunbury Strategy does not explicitly utilize a methodology such as that employed in the extant Bunbury-Wellington Region Plan,11 but is instead based on the ‘five key themes’ used in the WAPC’s Directions 2031 and Beyond: Metropolitan Planning Beyond the Horizon (August 2010). To this effect Directions 2031 states that:
In order to build on earlier planning frameworks, Directions 2031 is based on the values and consistent themes of the planning approaches of the past 50 years. Directions 2031 has identified five strategic themes and objectives to shape future urban growth in a way that captures the many and varied expectations we have of our city. Strategies have been developed to implement these themes and objectives.
The Draft Greater Bunbury Strategy defines the themes in the same way as Directions 2031, but applies the themes in a different manner. The relevance of the Directions 2031 document to planning in the Bunbury region cannot be understated when it is appreciated, that in place of the five planning principles of the State Planning Strategy and State Planning Framework Policy, the Draft Greater Bunbury Strategy makes the unilateral claim that all “planning in Western Australia is based on the five key themes for a liveable, prosperous, accessible, sustainable and responsible development”.12 It is assumed then that the State Planning Framework Policy (SPP1) will be consequently amended by replacing Metroplan (1990) and Network city (2004) with Directions 2031 as the highest level metropolitan spatial framework and strategic plan for guiding planning policy to accommodate and manage population growth within Perth and Peel to 2031 and beyond. The Draft Greater Bunbury Strategy lists statements referred to as “challenges” and “Department of Planning responses” that were identified by the DoP through targeted consultation with stakeholders (i.e. representative community members and key service providers) in order to seek their views on the current state of the Greater Bunbury area and how they see its future.13 It is presumed that the listed statements then informed and are aligned with the “policies” of the draft Greater Bunbury Structure Plan 2011-2031. Therefore, bearing in mind that these themes are somewhat arbitrary and go beyond the role and responsibilities of land use planning within the local government context - it is recommended that the Local Planning Strategy should address the topic of each theme in the context of the City’s own strategic community planning goals where appropriate. A reoccurring issue in the themes of the Draft Greater Bunbury Strategy is the crucial role that infrastructure will play in the enabling of development in the sub-region (e.g. Figure 1 of the document). To this end it is stated on page 33 of the Draft Greater Bunbury Strategy that:
Infrastructure agencies and public utilities were engaged early in the process of
11 Arguably it uses an Incremental Model approach as described by Charles Lindblom, “The Science of Muddling
Through,” Public Administration Review (Spring, 1959). 12 Chosen themes could also include many other factors such as ‘lively’, ‘safe’, ‘attractive’, ‘healthy’, etc; which are
themes derived from a presentation given by Professor Jan Gehl to the PIA National Congress, Sydney 14th to 18th April 2008.
13 'Focus Group' workshops were held in October and November 2009 followed by 'Growth Scenario' workshops held in August 2010 with representatives of the community, as well as urban and regional planners from the South West Region.
Local Planning Scheme Review Report
City of Bunbury 21 │ 112
developing the Greater Bunbury Structure Plan 2011-2031 to consider the feasibility and other constraints to servicing areas identified for urban expansion and investigation. This consultation with State Government planning, development and infrastructure agencies and local government will be ongoing.
As such, it could be expected that the identified ‘challenges’ and corresponding ‘responses’ summarised in Table 3 below that were cited in the Draft Greater Bunbury Strategy should have been analysed to a greater degree - in order to have at minimum provided a complete appreciation of the present infrastructure constraints (i.e. capacity and limitations). The findings of such an analysis should have then been formulated into specific solutions for the development of enhanced and/or new infrastructure opportunities; which is consistent with the purpose of a Regional Strategy providing a strategic framework for infrastructure planning and investment. Such a strategy is then logically translated into proposed infrastructure corridors and sites being shown on the Sub-regional Structure Plan, which can then be protected through appropriate regional reserves being reflected in the Region Planning Scheme. Table 3: Infrastructure ‘Challenges’ and ‘Response’ of the Draft Greater Bunbury
Strategy.
Challenges for a prosperous Greater Bunbury Department of Planning responses
� Provide infrastructure to support future growth. � Identify and protect key infrastructure and service corridors and encourage sustainable innovation.
Infrastructure
� Coordinate and secure significant funding to prioritise, design, acquire land, construct and maintain the desired transport infrastructure.
� Improve safety in particular minimise the number and severity of road accidents.
� Coordinate an integrated transport network to connect people, places, goods and services.
� Provide for efficient freight movement through the region to support economic growth.
� Identify problem areas and prioritise infrastructure solutions / requirements to alleviate these problems.
� Prepare and implement with stakeholders an integrated transport plan that holistically integrates the need for car parking with the public transport network, key areas of interest and amenity, mixed use and residential areas and functioning of activity centres and employment land.
� Define, design and protect freight networks and infrastructure requirements.
� Support the development of Perth-Bunbury-Busselton Fast Passenger Rail Service, with a station in the Bunbury CBD.
� Providing a sustainable total water cycle management approach for residential, employment and environmental water purposes in keeping with The Better Urban Water Management Framework and State Planning Policy 2.9 - Water Resources.
� Protecting water catchment areas and Public Drinking Water Source areas from inappropriate development.
� Investigating alternative water sources that are sustainable in the longer term.
� Reduce waste generation and encourage reuse and recycling, to a level that is ‘fit for purpose’.
� Improve water efficiency through education and innovative technology.
� Work with stakeholders to identify and upgrade infrastructure to manage climate change and increased densities, including: groundwater, sewer, water, drainage and stormwater management.
� Coordinate large scale opportunities for water recycling and reuse, such as major wastewater treatment facilities at Kemerton with water being
Local Planning Scheme Review Report
City of Bunbury 22 │ 112
Challenges for a prosperous Greater Bunbury Department of Planning responses
cleaned to a standard fit for purpose and reused for industrial, agricultural, landscaping and domestic use.
� Predict future population housing, servicing and employment needs.
� Propose high and conservative population estimates based on potential future scenarios.
� Identify 15 years of land zoned for ‘urban’ or ‘urban deferred’.
� Identify 10 years of land zoned for ‘urban expansion’ or ‘investigation’.
� Identify equitably distributed employment lands.
� Work with relevant stakeholders to improve the timing and coordination of infrastructure.
� Adequately and efficiently provide service infrastructure for the future.
� Identify needs and secure locations for future key infrastructure servicing needs.
� Improve the timing and coordination of economic infrastructure.
� Retrofit key infrastructure so it is resilient and adaptable to climate change and future pressures.
� Work holistically in the provision of infrastructure and services to maximise long-term efficiency and delivery of services.
� Upgrading of existing infrastructure within the existing urban area to manage climate change and increased densities. E.g. sewer, water, drainage, underground power.
� Encourage the development of more sustainable infrastructure servicing processes.
� Provide opportunities for those in the community who are disadvantaged.
� Plan for an accessible, efficient and equitable distribution of social infrastructure.
Despite the above consultation, the reproduction of maps denoting existing infrastructure and the numerous references made in the Draft Greater Bunbury Strategy regarding the importance of the efficient utilisation of exiting hard14 and soft15 infrastructure, the Draft Greater Bunbury Structure Plan 2011-2031 does not provide adequate specificity as to how the analysis of present capacity and/or limitations were explicitly factored into the designing of the sub-region’s urban form. Instead the only substantive mechanism given in the Draft Greater Bunbury Strategy for the provision of new infrastructure will be through the Draft Greater Bunbury Structure Plan 2011-2031; which the document purports will adequately inform the planning and coordination of infrastructure provision through the “urban development program” by guiding the preparation or revision of structure plans in identified urban expansion / growth sites. The flaw with this approach of deferring any and all detail of planning to another level / time can be practically demonstrated by the fact that sub-regional infrastructure cannot reasonably be identified and secured through local scale structure planning. This fact can be highlighted in the following two examples:
• The regional dependence on Hay Park (including South West Sports Centre) and Hands Oval means that the Regional Strategy should have identified the need for a second regional scale
14 Hard infrastructure items relate to transportation, communications and utilities, etc. 15 Soft infrastructure relates to items such as health, educational, recreational and cultural facilities and services.
Local Planning Scheme Review Report
City of Bunbury 23 │ 112
recreational park / sports ground in order to service the projected population of 150,000 people. The associated Sub-regional Structure Plan should have then designated a site for a new Regional Open Space Reserve in order to secure the land for such a facility (e.g. in the vicinity of the proposed new township in Eaton and railway station).
Whilst the need to provide adequate open space for recreation and community facilities should be demonstrated by all local structure plans in seeking to ensure Liveable Neighbourhoods requirements are met at a minimum, this can only be meaningfully achieved when functionally linked with adjoining local, district and regional open space corridors and areas. The absence of well defined integrated open space planning in the Draft Greater Bunbury Strategy means that the necessary hierarchy of passive/active recreational parkland, conservation bushland and locations for future community facilities has not been benchmarked for the Greater Bunbury urban area; and hence, it cannot reasonably be expected that the securing of public open space will occur in a corresponding cascading manner from the sub-regional scale down to district and local scales. Therefore, given that recreational opportunities powerfully shape quality of life outcomes, it can be appreciated that the preparation of local structure plans and new Scheme Map (e.g. designating Parks and Recreation Reserve, Conservation Reserve, etc) would benefit from knowing what regional parks and sports grounds will be provided in the undeveloped residential zoned land of Eaton, etc.
• The presence of the Bunbury Port amplifies the regional importance of industrial land and infers that the Regional Strategy should have identified all economic infrastructure required over the next 25 years. The associated Sub-regional Structure Plan should have then designated any new corridors and sites needed for major infrastructure in order to protect the land on behalf of infrastructure providers.
A broad range of land use activities can be described as industrial in nature; however, not all industrial activities can be or should be located within the same estate, based on both environmental health and economic grounds. The presence of any one particular industrial use can either define the function and character of an industrial estate or conflict with established or proposed activities. Experience has shown that it is desirable to collocate certain types of uses that rationally benefit from both a place’s locational advantages (e.g. proximity to resources, transport or the marketplace) and the presence of other activities that can be termed as allied industries (e.g. suppliers). In order to achieve the clustering of desirable industrial activities that are developed to a consistent standard of quality appropriate to a given place - it is necessary to provide the market (needing certainty of investment outcomes) with not only guidance as to the desired types of industries and the development standards required, but also the availability of infrastructure services that will ultimately be found in that place. That is, it would be pointless articulating in an economic development strategy the desire for a clean high technology industry park with a good standard of amenity in a location that already had established primary industry activities with no certainty as to if and when reticulated services, including broadband telecommunications, will become available. Therefore, given that infrastructure powerfully shapes industrial development outcomes, it can be appreciated that the preparation of local structure plans and new Scheme provisions (e.g. Zoning Table and objectives) for Industry zoned land would benefit from knowing what infrastructure is / will be provided in the undeveloped areas of Picton and Davenport, etc.
The dedicated chapter 5 of the Draft Greater Bunbury Strategy dealing with infrastructure provision states that:
As well as identifying future urban growth areas, the Department of Planning has been engaging with service agencies and public utilities to confirm awareness of the housing targets and to link current and future capital works projects at the regional scale. The Department of Planning will continue to engage with State government agencies, public utilities and other relevant state agencies to link the strategic planning initiatives and housing targets to the on-going consideration and provision of capital works projects. This collaboration will be augmented by the Department’s representation and leadership on the Infrastructure Coordination Committee of the Western Australian Planning Commission as well as through the review of the Urban Development
Local Planning Scheme Review Report
City of Bunbury 24 │ 112
Program. However, the vagaries in dealing with infrastructure planning and investment by the Draft Greater Bunbury Strategy are contrary to what was intended by the Office of Energy’s Energy 2031: Strategic Energy Initiative Directions Paper (March 2011), which has recognised the urgent need for a State infrastructure planning and coordination strategy, by acknowledging that:
Development in Western Australia tends to be fragmented, with development-driven demands for new or expanded energy infrastructure across the State causing conflicting priorities between new infrastructure projects and between new construction and maintenance of existing assets, particularly in an environment of constrained public funding. Private investment in major energy network infrastructure is uncommon in Western Australia other than for resource projects.
Further, that in addition to the review of the State Planning Strategy, Energy 2031 promises that the WAPC is also developing several regional planning strategies to respond to industry and population growth pressures in the State’s regions - in order to provide a mechanism for better coordination of infrastructure planning. Energy 2031 assures that ongoing actions to integrate land use and essential infrastructure planning will include:
• Incorporation of infrastructure capacity requirements and capacity limits in all Regional Strategic Plans, which are kept current.
• Incorporation of infrastructure needs, including head-works costs, in-land use and statutory planning models, particularly in regional areas.
• Reservation and protection of network infrastructure corridors as common user corridors where practical, with strategic pre-development approvals to facilitate early infrastructure planning and decision making.
• Ensuring planning and development approvals do not drive economically inefficient infrastructure installation at the fringe of development. This may result in greater flexibility in permitting land use development on the basis of full self sufficiency in energy, water and wastewater treatment.
Therefore, given that the Draft Greater Bunbury Strategy and associated Draft Greater Bunbury Structure Plan 2011-2031 do not yet articulate a sufficiently resolved strategy and plan for infrastructure provision supposed by Energy 2031, it must be acknowledged that the preparation of the Local Planning Strategy and new Scheme may be problematic. Indeed it is recommended that agreement should be reached up-front with the Commission on the amount and veracity of information necessary, as specified in Appendix 5.2 of the Commission’s own Local Planning Manual (March 2010), regarding the following background information requirements for Local Planning Strategies:
3. Water management
• Proposed objectives for managing water including objectives for public open space irrigation requirements, water sensitive urban design requirements or water use efficiency.
• Identifying opportunities and constraints of water management issues relevant to the area.
• Mapping significant surface and ground water sources, wetlands, waterways, floodplains, water source protection zones (current and future) including reserves and buffers.
• Identifying where future arterial drainage networks may be needed and integrating with public open space wherever possible.
• Estimation of potable water, non-drinking water and wastewater services needs and ability to supply from existing sources.
Local Planning Scheme Review Report
City of Bunbury 25 │ 112
• Identification of future land requirements for infrastructure including pipelines, treatment plants, drainage areas etc.
Relevance/application
▬ Management of opportunities and constraints relating to land use and water including improved management of urban stormwater, drainage, provision of services, irrigation of public open space and integrated catchment management.
▬ Connectivity of open space and integration of drainage areas with public open space as part of a water sensitive urban design approach.
▬ Capability of local water sources to meet increasing demand and opportunities to use alternative sources including recycling water for public open space irrigation.
▬ Identification of capacity constraints associated with the existing and future provision of water services, for example capacity constraints or buffer requirements.
▬ Identification of buffer requirements associated with major water installations such as pipelines, pumping stations, waste-water plants, and water treatment facilities.
▬ Supporting local government requirements for water conservation and water use efficiency in public open space, community facilities and built environment.
4. Population and housing
• Current and projected population, including distribution where there is more than one locality or settlement or urban area.
• Demographic structure, including any significant local variations or differences from state and regional averages.
• Other relevant demographic characteristics such as occupational profiles, income levels and ethnic diversity.
• Current and projected household composition including size and type.
• Current and projected housing by type, diversity, density and (if relevant) condition and character.
• Clear objectives and targets to address the state direction, projections and requirements for housing.
Relevance/application
▬ Context for assessment of future growth and land allocation requirements as well as the hierarchy of urban centres where there is more than one.
▬ Context for assessment of current and future long term housing needs and distribution of such development. Note: Some care is needed in the assessment of housing needs, which do not necessarily correspond with household demographics.
▬ Context for infrastructure and service provision, with reference to the need for an appropriate level and mix of services to meet community needs.
▬ Context for re-development (if relevant) of existing urban development, and (if relevant) preservation of the character of existing residential areas.
▬ Constraints to development and/or redevelopment as a consequence of infrastructure capacity or the existing development commitments.
▬ Basis for programming of development with a view to maximising accessibility to services and facilities and the efficient provision of infrastructure.
▬ Opportunities for development and/or re-development of housing more appropriate to the future needs of the community and the relationship with services, for example public transport, employment, retail, commercial, education, health, recreational facilities.
Local Planning Scheme Review Report
City of Bunbury 26 │ 112
▬ Suitability of housing in relation to climate and resource needs, for example water, energy (embodied and operational), comfort, safety (including fire safety), waste management.
8. Recreation and open space
• Location, distribution and type of regional, district and local open space and recreational facilities.
• Existing use of recreational facilities and forecast changes in recreational activity and associated recreational needs (including nature and intensity of use).
• Community needs assessment, including need for both structured and unstructured recreational activity and the use of open space for movement.
• Environmental features which form part of the open space system, for example foreshores, waterways, wetlands and remnant vegetation.
• Open space linkages and corridors, including connections to adjacent areas.
Relevance/application
▬ Adequacy of open space and recreational facilities, and identification of future needs and requirements (includes land allocation in structure plans).
▬ Accessibility to open space and recreational facilities, including ease and safety of access by user groups such as children, the aged and the disabled.
▬ Identification of an appropriate allocation of open space and recreational facilities, for example between structured and unstructured recreational use.
▬ Funding and budgeting for new and upgraded recreational facilities (may include development contribution requirements where appropriate).
▬ Better connected systems of open space, better management of open space and recreational facilities, enhancement of parks and protection of natural areas, including landscapes.
9. Community facilities
• Location, distribution and type of community facilities, for example libraries, meeting places, health/medical centres, education/training, police, fire, cemeteries.
• Existing use of facilities and forecast changes in demand.
• Community needs assessment, based on both forecast population changes and any anticipated changes in behaviour.
Relevance/application
▬ Adequacy of existing facilities and allocation of land and/or floorspace for new and/or upgraded community facilities.
▬ Timing and provision of social infrastructure to newly developing areas, and upgrading of existing facilities to meet community needs.
▬ Funding and budgeting for new and upgraded community facilities (may include development contribution requirements where appropriate).
12. Traffic and transport
• Description of strategic transport network including major transport corridors and facilities, for example arterial roads, public transport, rail, cycle and pedestrian routes.
• Other major transport infrastructure such as airports, ports and interchange facilities (freight and personnel).
Local Planning Scheme Review Report
City of Bunbury 27 │ 112
• Relationship between transport infrastructure/facilities and movement generators (land use and development).
Relevance/application
▬ Identification of transportation needs and impact of urban growth and change on travel demand and transport services.
▬ Identification of critical factors, for example journey to work, freight traffic and impact of traffic on the environment (noise, air quality, congestion/emissions).
▬ Achievement of a better relationship between transport and development, including a more efficient balance between employment and resident workforce.
▬ Basis for assessment of proposed development involving traffic generation and transport infrastructure, both existing and proposed.
13. Infrastructure services
• Extent and capacity of infrastructure services, for example sewerage, water supply, electricity, gas, telecommunications.
• Location and alignment of major installations, for example sewer mains, wastewater treatment plants, public water sources, water supply mains, power generation facilities, high-tension electricity transmission lines, major gas pipelines, solid waste disposal sites.
Relevance/application
▬ Identification of capacity constraints associated with the existing provision of infrastructure services, for example capacity constraints, buffer requirements.
▬ Identification of buffer requirements associated with major infrastructure installations such as high tension power lines, gas pipelines, waste-water plants, water treatment facilities, solid waste and composting facilities.
▬ Identification of opportunities arising from proposals to extend infrastructure services and from energy efficiency initiatives.
To conclude then, the major implications of the Draft Greater Bunbury Strategy of practical import are inter alia:
• That significant investment in efficient and convenient mass transportation (by private vehicles and increasingly by public transport, walking and cycling) will become critical to the liveability and economic prosperity of the City. Whilst the DoP did undertake an Initial Review of Public Transport Requirements for Greater Bunbury (February 2011), prepared by Parsons Brinckenhoff Australia Pty Ltd, the Draft Regional Strategy is not yet adequately supported by an integrated regional scale transport plan that fully reflects the intent of either Main Roads Western Australia (MRWA) or the Public Transport Authority (PTA). Furthermore, it is not yet understood when or if the transport related recommendations that are made in the Draft Regional Strategy will be implemented by an infrastructure investment plan that has been committed to by the State government with funding. Consequently, it can be assumed that the Local Government will need to contribute to the formulation of sub-regional transport planning solutions in its Local Planning Strategy.
• That further investigation of infrastructure capacity limits / requirements is urgently required at the sub-regional scale in order to properly inform an updated Regional Strategy and Structure Plan with an adequate plan for infrastructure development sequencing (e.g. as required in the industrial areas of Picton and Davenport). This course of action is commensurate with the State government’s level of responsibility and is the role of the WAPC. Such work is critical to the Local Government if it is to determine the feasibility of effecting significant land use and development intensification sought by the Draft Regional Strategy through the Local Planning Strategy and new Scheme. Therefore, given that Energy 2031 seeks to integrate land use and essential infrastructure planning through expanding and strengthening the role of the WAPC’s
Local Planning Scheme Review Report
City of Bunbury 28 │ 112
Infrastructure Coordination Committee,16 it is recommend that the “economic infrastructure strategy“ assured as an action in the Draft Greater Bunbury Strategy should be undertaken urgently with the participation of the Infrastructure Coordination Committee and importantly the infrastructure providers themselves as envisaged by Energy 2031. Such a course of action would be essential if the City was to countenance the formulation of a local scale Development Contribution Plan as anticipated by the WAPC’s Planning Bulletin # 41 Draft Model Text Provisions for Development Contributions (July 2000).
Draft Activity Centres for Greater Bunbury Policy It can be presumed that the Draft Activity Centres for Greater Bunbury Policy will be endorsed by the WAPC as either a “Strategic Policy” or an “Operational Policy” under the provisions of SPP1. Regardless of its status it can be appreciated that the Draft Activity Centres Policy will have a bearing on the inaugural Local Planning Strategy and new Scheme when considering the following provisions of the Draft Activity Centres Policy:
4. Relationship with other statutory policies
(1) The Greater Bunbury Strategy will indicate the location and general spatial extent of activity centres, consistent with the activity centres hierarchy.
(2) Local planning strategies should reflect the policy provisions including the activity centres hierarchy. These strategies will be used as the basis for preparing and amending local planning schemes and for preparing and assessing activity centre, district and local structure plans and development applications.
(3) Activity centres should be zoned appropriately under local planning schemes consistent with the Greater Bunbury Region Scheme and the activity centre hierarchy. The zoning should reflect the objective of providing flexibility and promoting a mix of activities. Standard zones from the Model Scheme Text Guidelines should be applied in conjunction with special control areas or development areas where appropriate.
The Draft Activity Centres Policy is generally based on State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP4.2), albeit with a number of potentially significant differences that may have implications for the City in formulating a Local Planning Strategy and revised Scheme. The key issue affecting the Local Planning Strategy & Scheme Review Project being that unlike SPP4.2, the Draft Activity Centres Policy collapses and somewhat distorts the normal hierarchy of activity centres in defining the regional activity centres hierarchy as demonstrated by the comparison in Table 4 below. Table 4: Comparison of Activity Centre Hierarchies.
Perth - Peel Bunbury
Perth Capital City
(Perth, West Perth, East Perth, Northbridge)
City centre
(Bunbury CBD)
Strategic metropolitan centres
(Armadale, Cannington, Fremantle, Joondalup, Mandurah, Midland, Morley, Rockingham, Stirling,
Yanchep)
Strategic regional centres
(Bunbury Forum, Dalyellup, Eaton Fair, Parks Centre, Treendale)
16 The Infrastructure Coordination Committee is a statutory committee that advises the WAPC and comprises key
Government infrastructure providers and policy agencies.
Local Planning Scheme Review Report
City of Bunbury 29 │ 112
Perth - Peel Bunbury
Secondary centres
(Alkimos, Belmont, Booragoon, Claremont, Clarkson, Cockburn, Ellenbrook, Karrinyup, Kwinana, Maddington, Mirrabooka, Pinjarra, Subiaco, Two Rocks North, Victoria Park,
Wanneroo, Warwick, Whitfords)
-
District centres
( * )
-
Neighbourhood centres
( * )
Neighbourhood centres
(Australind, City Plaza, Glen Iris, Kingston, Minninup Forum)
-
(Curtin/Bentley, Murdoch, UWA - QEII, Perth Airport, Jandakot Airport)
Special centres
(Main hospitals, Edith Cowan Uni, SWIT
- Town centres
(major: Capel, Dardanup, Harvey; minor: Burekup, Boyanup, Brunswick Junction, Roelands)
Note: * denotes that centre names are not listed due to their extensive number.
The defined hierarchy is further distorted by the fact that, unlike metropolitan Perth, there are just as many “Strategic regional centres” as there are “Neighbourhood centres”. Whilst the intentions for each level in the hierarchy are set out in Table 2 of the Draft Activity Centres Policy, the overall nomenclature used represents a potentially confusing departure from the established understanding of the actual function of activity centres in the Greater Bunbury sub-region and suggests that the hierarchy has not been appropriately defined. To designate the five listed centres, and possibly others, outside of the Bunbury CBD as “Strategic regional centres” instead of “District centres” is considered to be problematic for orderly and proper planning at both the local and sub-regional scales. This term has been borrowed from the previous Statement of Planning Policy No. 9: Metropolitan Centres Policy Statement for the Perth Metropolitan Region, where it represented the highest level of centre in the Perth metropolitan region outside of the Perth Central Area. Notwithstanding the various descriptions in Table 2 of the Draft Activity Centres Policy, it can be expected that there may be expectations for future expansion of these centres based on the dominant Perth - Peel understanding of the term that the characteristics of a “Strategic Regional Centre” implies:
• a floorspace of up to 80,000 m² of ‘shop - retail’ in net lettable area (nla);
• is a location for major department stores; and
• serves a catchment area population of between 150,000 and 300,000 persons. Unlike the City’s adopted Local Planning Strategy for Activity Centres & Neighbourhoods (LPSACN) and despite describing a sub-regional hierarchy for activity centres, the Draft Activity Centres Policy does not specify default retail floorspace caps in the absence of adopted and endorsed Local Planning Strategies or local centre plans. Instead the Draft Activity Centres Policy only suggests “approximate sizes” for two classes of centre on the Strategy Map (26,000 m² for Strategic Regional centres and 6,000 m² for Neighbourhood centres17).
17 These figures do not represent the existing sizes of the designated centres, are not mentioned as a guideline
elsewhere in the text of the Draft Activity Centres Policy, and in the case of the Strategic Regional Centres, are not thresholds for requiring a retail sustainability assessment.
Local Planning Scheme Review Report
City of Bunbury 30 │ 112
The reason for why retail floorspace caps have fallen out of favour in recent times as a policy instrument is understood to be due to a coalescing of planning and economic philosophies. That is, a shift away from a perceived regulatory or market interventionist based planning approach to that of a more laissez-faire style of free market responsive approach. This shift away from applying retail floorspace caps can be attributed to a number of national and international factors / trends, but can be better understood more specifically in the state context due to the serious problem of their previous use. That being, the rigidity in the way retail floorspace caps were prescriptively defined and/or calculated in the past regardless of other relevant site specific factors. Contrarily, the resulting concern of this philosophical shift is that the policy response of abandoning any substantive mechanism of control will predictably result in uncertainty. This uncertainty relates to a lack of predictability in how the inevitable development of activity centres will occur both individually and collectively over time (i.e. the stability of the activity centre hierarchy and how this affects both public and private investment). While the hierarchy concept is still the centrepiece of activity centre policy in both the Metropolitan Perth - Peel region and the Greater Bunbury sub-region, the Draft Activity Centres Policy’s reliance on the Retail Sustainability Assessment (RSA) as the principal mechanism for regulation may not ameliorate such uncertainty but may instead entrench advocacy based planning as the tool for its administration / implementation. Therefore, it can be expected that the Local Planning Strategy will need to attempt to exercise some degree of specification and control over the resulting growth of centres, relative to each other in response to population growth within both the City and the sub-region, if it is to effectively implement a policy for a stable local activity centre hierarchy. Secondary issues affecting the Local Planning Strategy & Scheme Review Project in relation to the different treatment of activity centres by the respective planning policies for Bunbury compared to the Perth - Peel region include:
• The Draft Activity Centres Policy states that stand-alone shopping and retail centres that are not multi-functional are not considered to be activity centres, but it assumes that with the inclusion of other mixed land uses that such centres may be developed into future activity centres. This assumption is yet to be tested or demonstrated within the Bunbury context, and may be a naive policy position that is difficult to translate into planning/development outcomes within areas zoned for centres if it does not properly take into account in practice the tension between the commercial imperatives of shopping centres which typically have the dominate share of the available land in concentrated ownership and the need for social and economic demands for grater diversity of use, affordability of access and equity of investment by the private and public sectors (e.g. the apportioning of costs/benefits in relation to the granting of development potential and the leveraging of social infrastructure provision such as public transport facilities).
• The inclusion of the “Specialised Centres” within the activity centres hierarchy (e.g. Bentley Technology Park). While not a critical issue, these activity centres are fundamentally different in nature to traditional commercial centres, and whilst their planning as activity centres can be covered under the policy, it is neither necessary nor helpful to simply include them into the hierarchy of centres framework without qualification.
• As written, the requirement for an RSA to support an application for planning approval for a major development could in theory be applied to Bunbury’s CBD. This is of concern taking into consideration the CBD’s historical competitive advantage under long established policy of having no retail cap - therefore it is not understood why a major development in the CBD would need to be justified through an RSA process.
• Under the Draft Activity Centres Policy a threshold of 6,000 m² triggering the requirement for an RSA to be submitted in support of an application for planning approval applies equally to both Strategic Regional and Neighbourhood centres. The rationale for this is not understood and highlights the inappropriateness of the centres hierarchy specifications discussed above. Obviously an RSA would be appropriate for any Neighbourhood centre expanding beyond 6,000 m²; but the logic of this threshold is not understood in the case of Strategic Regional centres. Traditionally this terminology is associated with centres that are 80,000 m² plus, so it is nonsensical that any of these proposing to expand beyond 6,000 m² require an RSA, which
Local Planning Scheme Review Report
City of Bunbury 31 │ 112
again underscores the misjudged terminology. Therefore it would be better to designate these centres as “District centres”, with an RSA threshold of arguably 12,000 m².
• Unlike SPP4.2, the Draft Activity Centres Policy’s definition for ‘mix of land uses’ does not include “showrooms”. It is noted that Table 3 of the Draft Activity Centres Policy also does not correlate with its Perth - Peel counterpart in terms of specifying diversity performance targets for the desired mix of land uses in activity centres (see Table 5 below).
Despite the fact that the Draft Activity Centres Policy dispenses with “Secondary centres” and “District centres”, and elevates many formerly recognised district scale shopping centres to the status of “Strategic Regional Centres” - Table 3 of the Draft Activity Centres Policy provides only a single mix of land use percentage for all centres with a floorspace of greater than 15,000 m². Not only are the mixed use percentages too high for the Greater Bunbury context, but in Perth - Peel a centre developer can if necessary bulk out the mix of land use requirement with showrooms. The implications of these variances is that there may be a greater economic burden placed on the development of Greater Bunbury centres than on the development of functionally equivalent Perth - Peel centres.
Table 5: Comparison of diversity performance targets for the desired mix of land uses as
a proportion of total floorspace in Activity Centres.
Perth - Peel Bunbury
Hierarchy Size m² % Hierarchy Size m² %
Perth Capital City N/A N/A City centre N/A N/A
Strategic metropolitan centres
Strategic regional centres
Secondary centres -
District centres
>100,000
>50,000
>20,000
>10,000
<10,000
50%
40%
30%
20%
N/A -
Neighbourhood centres N/A N/A Neighbourhood centres
>15,000
10,000-15,000
5,000-10,000
<5,000
30%
20%
15%
N/A
- - - Special centres N/A N/A
- - - Town centres N/A N/A
Given the potential for the oversupply of commercial land in activity centres across the sub-region outside of the traditionally recognised strategic regional centre area of Bunbury, it is recommended that the nomenclature used in the Draft Activity Centres Policy to describe the regional activity centre hierarchy should be translated into the local context in a manner that is consistent with the actual role that the various centres play as secondary and district level centres within the Greater Bunbury sub-region. Therefore, it can be appreciated that far from being a trivial matter of terminology, it is considered by the City of Bunbury that the WAPC’s ultimately endorsed regional activity centre hierarchy will have extensive ramifications for not just translating the LPSACN into the draft Local Planning Strategy, but also for the ongoing administration of the Scheme. Recommendations & Matters for Clarification It is recommended that the outcomes of the Local Planning Strategy & Scheme Review Project should seek to support the following intentions of the Draft Greater Bunbury Strategy subject to its final endorsement:
• the preferred growth strategy for a compact and connected City;
Local Planning Scheme Review Report
City of Bunbury 32 │ 112
• the emphasis on improving the public transport system with an intention to significantly increase travel by public transport in the future;
• significant improvements to walking and cycling networks;
• a variety of measures to reduce dependence on cars, including implementation of the adopted parking strategy and policy, behaviour change and improvements to walking, cycling and public transport;
• the on-going development of the regional and local road system with particular emphasis on the movement of freight, access to the Port and strategic industrial areas and connections to Perth and other centres;
• on-going upgrades and development of the freight rail system;
• the future construction of a fast rail service between Perth and Bunbury with potential for and the extension to Busselton in the long term; and
• the development of an integrated transport plan to co-ordinate the development of all aspects of the transport system.
However, it is also recommended that the WAPC be advised that the City of Bunbury will require clarification and/or resolution of the following matters if it is to progress with the formulation of the Local Planning Strategy and new Scheme:
(a) Taking into account Council’s support for an enhanced role for Bunbury Forum (Council Decision 180/11) compared to the other significant centres, the hierarchy of activity centres for the City of Bunbury within the context of the Greater Bunbury sub-region should be modified accordingly:
1. Strategic Regional Centre (Bunbury CBD, Spencer Street [includes Bunbury Plaza], Strickland Street mixed business area, Sandridge Road mixed business area).
2. Secondary Centre (Bunbury Forum).
3. District Centres (Parks Centre).
4. Neighbourhood Centres (Glen Iris, Minninup Forum).
5. Local Centres (Spencer/Columba Street, Spencer/Constitution Street, Spencer Street South, Spencer/Blair Street, Parade Road Usher, Tuart Brook, Somerville Drive College Grove, Leschenalt Quays, Picton Road Wollaston, Frankel Street Carey Park, Mondak Place Carey Park, Beach Road, King Road Gull, Mossop Street, Bunning Boulevard, Koombana Drive, Shell Gateway, Pelican Point, College Grove Campus).
(b) There should explicitly be no requirement in the Draft Activity Centres Policy for a RSA to justify development proposals in the “Regional Centre Zone” under the Region Planning Scheme or “City Centre Zone” under the Local Planning Scheme. Further, subject to modification of the terminology used in the activity centre hierarchy, a RSA should be required to justify development in:
i. District centres where a proposed expansion would result in a centre with a ‘shop - retail’ floorspace of greater than 12,000 m² nla; or
ii. Local centres where a proposed expansion would result in a centre with a ‘shop - retail’ floorspace of greater than 6,000 m² nla.
(c) The diversity performance targets for the desired mix of land uses given in the Draft Activity Centres Policy should be adjusted to reflect that of SPP4.2; and that the definition of ‘mix of land uses’ used in the Draft Activity Centres Policy should also include “showroom” in order to be consistent with Perth - Peel.
(d) Whilst it is acknowledged that the provision of public transport is primarily a State government responsibility, the feasibility of introducing light rail into the City during the lifespan of the Draft Greater Bunbury Strategy has not been validated. Given the likelihood that Bunbury will remain a car dependent city taking into account the projected population
Local Planning Scheme Review Report
City of Bunbury 33 │ 112
size and existing and potential levels of public transport patronage in the Bunbury urban area - the preservation of potential routes and stations for Light Rail Transit (LRT) corridors and junctions over the long term (greater than 40 years) has not been adequately justified and has the potential to create urban blight. Therefore it is preferable to plan for a more fit for purpose bus system that can meet the needs of Bunbury in the short, medium and longer term and be implemented in a staged manner. Options for this will be explored though the formulation of the Local Planning Strategy - Integrated Transport Study.
(e) It is recommended that the Draft Greater Bunbury Strategy and ultimately the GBRS should depict the alignment of all necessary future transport corridors as either “Primary Regional Roads Reserve”, “Other Regional Roads Reserve”, or “Railways Reserve” (e.g. Parade Road, Estuary Drive, Old Coast Road, and realigned South West Highway).
(f) The “Draft action plan to deliver a compact and connected Greater Bunbury” contained in the Draft Greater Bunbury Strategy lists the City of Bunbury as an implementation partner for 14 of 19 identified actions (e.g. economic infrastructure study, social infrastructure study, urban infill implementation plan, local transport study, industrial needs study, etc). However, these actions potentially have significant resource and time implications for the City that may also delay the Scheme review. Therefore, clarification is needed as to what the WAPC’s expectations are for the DoP’s funding and scheduling of the listed actions or if they expect Council to fund certain actions prior to or as components of the Scheme review.
Implications for Scheme Review As outlined above, the endorsement of the Draft Regional Strategy and Draft Activity Centres Policy, will not only have the potential to influence the formulation and implementation of the Local Planning Strategy and new Scheme, but will also influence (or fail to positively influence) how urban growth patterns are managed and when and where State and Federal government funding of regionally important infrastructure for the next 20+ years occurs. Whilst guidance on what is expected of local governments in implementing the Draft Greater Bunbury Strategy is given in the implementation section of the report, which sets out a “Draft action plan to deliver a compact and connected Greater Bunbury”; it is noted however that the City of Bunbury (specifically or generally as a local government) is listed as an implementation partner for 14 of the 19 identified actions so far and plays a key role in other listed matters such as the need for an industrial needs study and an environmental offsets strategy despite the City’s key role in both matters. Nonetheless, the actions listed are substantial planning exercises in themselves (e.g. economic infrastructure study, social infrastructure study, urban infill implementation plan, local transport study, industrial needs study, etc) that potentially have significant resource and time implications for the City. Since the listed actions with a short term timeframe for completion may still be up to 10 years - Council will expect that the Commission will not consider the delaying of the Scheme review until such time as the Department completes the listed planning exercises, and/or expecting that Council funds the undertaking of all or part of certain listed
Local Planning Scheme Review Report
City of Bunbury 34 │ 112
actions prior to or as components of the Scheme review. Greater Bunbury Region Scheme The GBRS is the statutory Region Planning Scheme gazetted by the State government on 25 January 2008. The GBRS covers the City of Bunbury and the Shires of Harvey, Dardanup and Capel and is intended to provide the mechanisms to effectively implement the Bunbury-Wellington Region Plan. Therefore, in accordance with Part 9 of the Planning and Development Act 2005 governing the relationship between sub-regional planning schemes and local planning schemes - local planning schemes and local laws must be consistent with the prevailing Region Planning Scheme. Of strategic significance to the Local Planning Strategy & Scheme Review Project is that the City of Bunbury is central within the Greater Bunbury Urban Area (the sub-region), and hence underpins the GBRS in servicing the needs of both the City and the region. Of administrative significance to the formulation and implementation of the Local Planning Strategy and revised Scheme is that the GBRS is undergoing a number of minor and major amendments; and hence, finalisation of the new Scheme (particularly the Scheme Map) will need to factor in the status of any outstanding Region Planning Scheme amendments. Local Planning Policy Framework City Vision Strategy & City Vision Action Plan As outlined in the background section to this report, the City Vision Strategy and associated City Vision Action Plan roughly equate to a “Strategic Community Plan” under the State government’s new Integrated Planning and Reporting Framework (IPRF) for local government. It is important to note that whilst the City of Bunbury has historically recognised the important relationship between ‘strategic land use planning’ and ‘strategic community planning’ or ‘corporate planning’, it must be understood that the Strategic Community Plan is not a component of the Local Planning Policy Framework and is prepared in accordance with supporting regulations to the Local Government Act 1995. But as illustrated in Figure 5, it is critical to highlight that strategic land use planning does not occur outside of the context of strategic community planning. Therefore, it is anticipated that the preparation of the Local Planning Strategy will necessarily drawn down from Council’s adopted City Vision Strategy until such time that it is reviewed in concordance with the requirements of a Strategic Community Plan.18 Reference to pages 10 to 12 of the City Vision Strategy provides an outline of the methodology used, which was based on what is now termed the “Oregon Model of Community Visioning”. The Oregon model provided a framework for the evolution of the visioning process to derive desired outcomes for the whole of the City and its local areas over a 20 year+ timeframe. The visioning process in this regard involved development of a community profile, trend analysis, use of economic and population studies for development of a scoping and positioning paper. Initial stages of the City Vision process also engaged the local community in visioning workshops and summits - stimulating discussion regarding the City’s strengths, weaknesses, opportunities and threats. Following this work, ideas and values were synthesised and distilled into a vision statement and supporting attributes (see Table 6). The five attributes were identified as elements representative of the community’s vision of Bunbury’s past, present and future. The attributes underpin the holistic triple-bottom-line approach taken in structuring the goals and objectives of the Strategy, and together they act as a sound basis for guiding the City’s development in keeping with the principles of ecologically sustainable development (ESD).19 18 Subject to amendments to the Local Government (Administration) Regulations 1996, to be promulgated in June 2012. 19 Report of the Brundtland Commission, December 1992, Our Common Future, published by Oxford University Press
in 1987. Ecologically Sustainable Development Steering Committee, National Strategy for Ecologically Sustainable Development.
Local Planning Scheme Review Report
City of Bunbury 35 │ 112
Table 6: Vision and Attributes.
Vision
A uniquely Western Australian international port city linked into the global economy, Bunbury will strive to become a sustainable community, offering a high quality of life, focused on balancing environmental, social and economic needs. As the capital of the South West, it will aspire to promote the region as one of the finest in Australia, recognised for its diversity in culture, lifestyle opportunity and economic strength.
Attributes
Dynamic Functional Attractive Living Innovative
A flourishing and diverse local economy with a regional sphere of influence
Good transport services and communication linking people to jobs, schools, health, other services and enabling strong linkages with the broader region
A quality built and natural environment, providing places for people to live in an environmentally-friendly way
Vibrant, harmonious and inclusive communities, enjoying a full range of appropriate, accessible public, private, community and voluntary services
Progressive, effective governance, offering inclusive participation, representation and leadership, facilitating the delivery of a modern, sustainable living and working environment
As such, the City Vision goal for achieving sustainability is:
Meeting the needs of the current and future generations through the integration of environmental protection, social advancement, economic prosperity and accountable and transparent governance.20
The methodology used in the Strategy breaks down the conventionally accepted three interrelated spheres of sustainability into five nested elements that are more functionally represented in the City’s ‘Local Sustainability Framework Model’21 (see Figure 4). Whilst the three spheres of sustainability are interdependent, the principle aim of the City Vision Strategy is to advance the overall ecologically sustainable development of the City and its region. To facilitate the practical application of the sustainability model - the Strategy states that subordinate planning tools will be structured according to the Local Sustainability Framework Model, which takes the next step in the evolution of planning practice in translating the State Sustainability Strategy’s framework into a local government context. 20 Adapted from the Government of Western Australia, 2003, Hope for the future: The Western Australian State
Sustainability Strategy, Department of the Premier and Cabinet, Perth. 21 Adapted from Hart, M. 1999, Guide to Sustainable Community Indicators, 2nd Edn. West Hartford, CT, USA:
Sustainable Measures.
Local Planning Scheme Review Report
City of Bunbury 36 │ 112
Figure 4: Evolution of the ESD model. Reference to page three of the City Vision Action Plan provides guidance on how the achievement of the Strategy’s goals are then intended to be drive through corporate business planning and annual budgeting processes. Whereas, page five of the City Vision Action Plan sets out how the strategies and actions of a land use and infrastructure planning nature are intended to direct the Strategic Planning Programme, which in turn has to date driven the Local Planning Strategy & Scheme Review Project. Local Planning Strategy The first holistic strategic land use planning document to be prepared for Bunbury was initially done as part of the review of TPS622. This document was titled the Bunbury Planning Strategy (May 1995), which was prepared by Shrapnel Urban Planning on behalf of the City of Bunbury. However, since such a planning instrument was not recognised in Western Australia as normal practice at the time, the Bunbury Planning Strategy went as an appendix (A) to the City of Bunbury Town Planning Scheme No. 7 Scheme Report (May 1996). Nevertheless, it can be appreciated that strategic direction setting has been a facet of scheme reports of the past, as exemplified by the consultant Taylor McMullen Cotterell & Burrell Pty Ltd when they prepared the scheme report for TPS6 titled Town Planning Scheme No. 5 Review for the then Town of Bunbury. Indeed, the following quote from the Town Planning Scheme No. 5 Review document usefully illustrates the retrospective style of how scheme reports typically functioned in the past:
The approach used for this review has been to develop planning goals for a system of town areas - each of which has a somewhat distinct function in the total structure, then to develop broad strategies which will be necessary to achieve those goals, together with criteria either used in the process or review or suggested as guidelines for decisions to be made by Council in implementation of those strategies.
The review procedure then assesses the performance of the No. 5 Scheme in measuring up to these goals, and the effectiveness of the implied Scheme strategies in achieving them.
Since its introduction into the Town Planning Regulations 1967,23 the Local Planning Strategy (LPS) is intended to be the principal document of the Local Planning Policy Framework as prescribed by Part 2 of the MST. Therefore, before a revised Scheme can become effective, it is a 22 TPS6 was gazetted in 6 April 1984. 23 Regulation 12A gazetted on 22 October 1999, replaced the requirement for a “Scheme Report” with a “Local Planning
Strategy”.
Social
Environment
Natural Environment
Economic
Environment
Conventional Venn diagram
model of ESD.
Local Sustainability Framework
Model.
Local Planning Scheme Review Report
City of Bunbury 37 │ 112
statutory requirement that there be an associated Local Planning Strategy that is adopted by Council and endorsed by the WAPC in order to guide not only the implementation of the Scheme over five years but also set the direction for the next 20 years.24 As explained in the WAPC’s updated Local Planning Manual (March 2010)25, the emphasis on the Local Planning Strategy to provide the overriding structure is intended to actively drive the implementation of the Scheme by:
• transposing the relevant elements of the State Planning Framework into the Local Planning Policy Framework and explaining how these shape the Aims of the Scheme in translating the desired regional outcomes into the local context;
• setting out the Local Government’s own aims and intentions for more sustainability managing future long term growth and change, including matters relating to climate change and adaptation; and
• articulating the rationale for new zones and other provisions of the Scheme. However, despite the fact that TPS7 was adopted by Council on 5 November 2002, it is understood that presently there is no formal Local Planning Strategy. Therefore in Bunbury’s case, as it is with other fast growing regional centres, the Local Planning Strategy is being built up from a suite of supporting functional or topic specific land use planning strategies that break down and deal with the complexity of issues and challenges facing the City’s growth and development over the next couple of decades. These strategies, which in the absence of a Local Planning Strategy have implemented the land use planning aspects of City Vision Strategy, include the following:
• Local Planning Strategy for Heritage & Character (adopted 6 November 2007);26
• Local Planning Strategy for Tourism (adopted 19 May 2009);27
• Local Planning Strategy for Activity Centres & Neighbourhoods (adopted 22 March 2011);28
• Local Planning Strategy for Environmental Assets & Natural Resources (being drafted as per the update provided at Council’s briefing session on 14 June 2011);29 and
• others as required, for example:
� City of Bunbury Landscape Character Study (2010),30 and
� Local Planning Strategy - Integrated Transport Study (being drafted).31 This project resulted from the fact that circumstances have changed and that there are critical limitations or flaws in the assumptions underpinning the Transport Vision 2030 document. The declining relevancy of Transport Vision 2030 has thus reduced its utility in informing capital works planning. The implications of the recently released Draft Greater Bunbury Strategy have further compounded this situation. It is therefore anticipated from advice given by the Department of Planning’s representatives at the Scheme Review Project initiation workshop that there will be a need to update the City’s strategic planning position on transportation in order to provide a definitive position on the layout of the local and regional road hierarchy, and how this will interrelate with car parking and other modes of transport such as pedestrian and bicycle pathways, rail and bus networks in the future.
24 The Local Planning Strategy is the principal document of the Local Planning Policy Framework, as prescribed by Part
2 of the Model Scheme Text (MST). 25 Replaced the Planning Schemes Manual (2000). 26 Prepared by the Strategic & Environmental Planning team of the City of Bunbury with assistance of the HCWA’s
Regional Heritage Advisor (Ms Annette Green). 27 Prepared by the Strategic & Environmental Planning team of the City of Bunbury. 28 Prepared by Mr Tony Shrapnel (Principle) of Shrapnel Urban Planning in conjunction with the Strategic &
Environmental Planning team of the City of Bunbury. 29 Prepared by the Strategic & Environmental Planning team of the City of Bunbury in conjunction with Mr Andrew Del
Marco (Principle) Ironbark Environmental and Dr David Deeley (Principle) Acacia Springs Environmental. 30 Prepared by the Strategic & Environmental Planning team of the City of Bunbury. 31 Prepared by Mr Emerson Richardson of Sinclair Knight Merz (SKM) in conjunction with the Strategic & Environmental
Planning team of the City of Bunbury.
Local Planning Scheme Review Report
City of Bunbury 38 │ 112
It should be noted however that it is not expected that there will be a need to exhaustively revisit the City’s recently adopted strategic planning position on its local activity centre hierarchy and interrelated residential density coding with the finalisation of the LPSACN. As such, the LPSACN forms part of the Local Planning Policy Framework and replaces the City of Bunbury Commercial Strategy (2001) and the separate City of Bunbury Housing Strategy (2001), neither of which were endorsed by the WAPC. The intent of the LPSACN is to promote the integrated development of Bunbury’s commercial centres and residential neighbourhoods in a manner that is mutually supporting and contributes to making the City more economically, socially and environmentally sustainable. Whilst the purpose of the LPSACN is to inform the preparation of the overarching Local Planning Strategy and a revised Scheme - it was nevertheless sufficiently demonstrated that Scheme Amendment 38 to TPS7 (also known as the R-Code Omnibus Amendment) should be progressed in the short term as the first step in the implementation of the LPSACN. Consequently, Council at its ordinary meeting on 22 March 2011 resolved to adopt the LPSACN and finally adopt Scheme Amendment 38 after an extensive public consultation period (Council Decision 63/11). Once the transportation and environmental planning issues have been adequately resolved, their recommendations and outcomes will then be consolidated along with the already completed land use planning strategies into a synthesised overarching Local Planning Strategy document. The Local Planning Strategy will then represent an integrated strategic land use plan that drives the Scheme - by making the right balance and trade offs across the various aims-strategies-actions in a manner that will seek to promote the long term ecologically sustainable development of the City in accordance with its vision. For a graphical representation of how these strategies relate to the rest of the Local Planning Policy Framework please refer to Figures 5 and 6 below.
Local Planning Scheme Review Report
City of Bunbury 39 │ 112
Figure 5: Local Planning Policy Framework hierarchy of documents (the Tools).
LPS for
Tourism
LPS for Heritage & Character
LPS for Activity Centres
&
Neighbourhoods
LPS for Environment Assets & Natural
Resources
LPS - Integrated
Transport Study
Community Strategic Plan
The Community Strategic Plan is above and outside of the Local Planning Policy Framework - as explained in the Department of Local Government’s publication titled Integrated Planning and Reporting Framework and Guidelines Government of Western Australia (October 2010), which has been prepared as background on reforms to the Local Government (Administration) Regulations 1996, to be promulgated in June 2012.
The Local Planning Strategy synthesises the supporting land use planning strategies - balancing and trading off competing needs and objectives across the triple-bottom-line. The Local Planning Strategy therefore becomes a vital instrument for promoting greater sustainability and resilience.
Establishes the scope of matters that can be controlled through planning, and the procedures for approving land use and development.
Translates the strategic issues that are relevant to land use planning and development and can be statutorily regulated.
Local Planning Scheme
Local Planning Strategy
Local Planning Policy
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
40 │
112
Community
Strategic
Plan
LPS for
Tourism
LPS for
Heritage &
Character
LPS for
Activity Centres
&
Neighbourhoods
LPS for
Environment
Assets &
Natural
Resources
LPS -
Integrated
Transport Study
Local Planning
Scheme Local Planning
Strategy Local Planning
Policy
Figure 6: Breakdown of the Local Sustainability Framework into land use planning functions.
Meeting the needs of the
current and future generations
through the integration of
environmental protection,
social advancement,
economic prosperity and
accountable and transparent
governance.
Local Planning Scheme Review Report
City of Bunbury 41 │ 112
Local Planning Scheme The Local Planning Scheme is the core of the Local Planning Policy Framework and is the principal statutory tool for implementing the Local Planning Strategy and achieving the Local Government’s aims and objectives with respect to the development of its local area. While Schemes deal mainly with regulating the use of land and how it is developed (e.g. granting of planning approval and the setting of conditions), this should be seen in the context of the strategic framework and the broader environmental, social and economic goals and objectives. Section 73 of the Planning and Development Act 2005 specifies that the provisions of a Local Planning Scheme are to:
(a) define in such manner as may be prescribed by the regulations the area to which the scheme is to apply;
(b) specify the local government to be responsible for enforcing the observance of the Scheme and for the execution of any works which, under the scheme or this Act, are to be executed by a local government;
(c) provide for matters which may be dealt with by general provisions prescribed under section 256;
(d) otherwise supplement, exclude or vary the general provisions to the extent approved by the Minister; and
(e) deal with any special circumstances or contingencies for which adequate provision is not made by the general provisions.
Furthermore, Schedule 7 of the Act specifies the matters and the extent to which they may be dealt with by Local Planning Scheme, being:
1. Generality preserved;
2. Subdivision;
3. Reconstruction;
4. Preservation and conservation;
5. Roads, public works, undertakings, purposes and facilities;
6. Zoning;
7. Special controls;
8. Development standards;
9. Development controls;
10. Acquisition and purchase;
11. Powers;
12. Agreements and cooperation;
13. Carrying out the scheme;
14. Application for review; and
15. General and ancillary matters.
Town Planning Scheme No. 7 has now been in operation for nine years and must be reviewed. In its time of operation the Scheme has been subject to over 50 amendments, and while it has largely fulfilled its stated objectives, it is not envisaged that the Scheme in the absence of a Local Planning Strategy will be able to adequately accommodate future growth of the City nor cope with the expected changes facing it over the next decade. If the ultimate test of a Local Planning Strategy and Scheme is to make the right balance and trade-offs that result in a more sustainable and resilient City over the longer term – then the brief for the Local Planning Strategy & Scheme Review Project is to come up with a plan that achieves the desired environmental and developmental outcomes for a city that is experiencing and dealing with increasingly complex drivers of change (e.g. population growth, rising energy costs, climate change, evolving technologies, natural disasters, etc). Poignantly, it is this next Scheme that is likely to also take the City to a built out stage of its development, and hence, will be a Scheme that deals more with urban renewal (i.e. brown-field development) than urban expansion (i.e. green-field development). This means that historical patterns of development and traditional planning solutions might not be able to adequately cope with expected changing conditions, based on known trends let alone the unknown challenges, which may manifest into the future. In simple terms, town planning in the
Local Planning Scheme Review Report
City of Bunbury 42 │ 112
Central Business District
Outer Business District
College Grove Super Campus
Bunbury Port Inner Harbour
Davenport Industrial Park
Preston Industrial Park
past has largely been reactive in seeking to avoid land use conflict by grouping similar activities together into sets of permissible land use classes called zones, which are laid out in a logical pattern for the given physical, social and economic conditions of an urban settlement. As such, past town planning in Western Australia has relied upon zoning as the foundation and primary tool for keeping these sets of incompatible uses separate from each another whilst at the same time accommodating those uses that met the needs of a settlement’s community. For example, historically polluting activities like a factory have typically been located in an industry zone located away from sensitive uses like housing in a residential zone. However, town planning which can only ever occur with partial knowledge (i.e. extrapolate past trends to predict future outcomes) cannot simply rely upon zoning alone if it is to proactively guide growth and change in a dynamic world - with its changing climate, radically evolving technologies and increasing social and economic diversity of contemporary society. This implies for example that assumptions or expectations about the validity of orderly and proper planning occurring based on the premise that the majority of employment in the sub-region will be either in the CBD (i.e. having primacy for all major office or retailing activities) or in the industrial areas may be increasingly tested in the future. With the nature of modern businesses involved in primary, secondary and tertiary sectors all being cleaner and globally connected by way of advances in telecommunications and transportation - Bunbury’s urban fabric is becoming gradually more mixed use and polycentric - and may require a more nuanced approach to guiding desired environmental and developmental outcomes over the longer term if it is to remain a liveable city that retains and reinforces its completive advantages. The concept of a more mixed use polycentric city in this sense refers to those types of productive activates other than just retailing, as inferred by DoP's inclusion of places like the College Grove
super campus32 in the Draft Activity Centres for Greater Bunbury Policy; but which may also include other productive places such as the Port, etc. As such, the Local Planning Strategy & Scheme Review Project may need to explore approaches that seek to understand and facilitate a more mutually beneficial relationship
between the City’s primary places of productivity without compromising the principles of best practice land use
planning. Therefore the concept of a polycentric city does not justify the consideration of approaches that inadvertently facilitate the compromising of the adopted activity centre hierarchy at the expense of the CBD and other commercial centres. Instead, in differentiating the role and function of each productive part of the City, the Local Planning Strategy may need to
32 Referred to as “Special centres” that includes the South West Health Campus, St John of God Bunbury Hospital,
Edith Cowan University and South West Institute of Technology.
Local Planning Scheme Review Report
City of Bunbury 43 │ 112
provide strategic level guidance in promoting greater integration within and between each place through appropriate diversity of land use mix and transportation options. Such an approach reinforces the principle that the whole of the City is greater than the sum of its parts, by viewing the City both holistically and its various local areas as a system of components or ‘cogs’. The social and economic interdependence of the City’s primary places of productivity (i.e. major centres of production) means that for the City to be healthy overall, the Local Planning Strategy and Scheme must harmonise the functional relationships between each of the centres. However, it should be recognised that there are limits to the effect that land use planning has in shaping desired outcomes; and therefore, it is critical for public sector infrastructure planning and provision (e.g. transport) to be properly integrated with land use planning if it is to positively influence the market place and associated private sector investment. Since Bunbury has experienced most of its growth since the 1950’s, it has been the conventional planning theories and models that have been applied throughout the modern era, whilst relatively recent in the City’s history, that have fundamentally influenced the way Bunbury is designed and works. Such models of subdivision and zoning have advocated the separation of dormitory suburbs away from places of employment and the dominance of large stand alone shopping centres and showroom complexes at the expense of traditional main streets and neighbourhood centres (e.g. the corner stores). These planning models have been deliberately created in response to, and in return have facilitated the dependence upon, private automobiles being the primary means of personal transport. Thus requiring extensive main road systems to move people and goods any significant distance between where they live and work or shop. The following quote from the WAPC’s Development Control Policy No. DC1.4 Functional Road Classification for Planning (1998), which was replaced by Liveable Neighbourhoods, exemplifies the degree to which road planning and the separation of activities into homogenous “cells” has dominated land use planning in Western Australia up until the late 1990’s:
District distributors run between precincts or cells of land which may have recreational, residential, commercial or industrial uses.
Figures 7 and 8 provide a graphical comparison and contrast between the traditional and more contemporary planning approaches sanctioned under the State Planning Framework. Figure 7 is
commonly referred to as the curvilinear model of subdivision and road design, which results in
homogenous suburban
residential neighbourhood
“cells” dislocated from but connected by roads to areas of employment and other activities.
Figure 7: Extract from DC1.4 Functional Road Classification for Planning on Planning
Aspects of the Road Hierarchy.
Local Planning Scheme Review Report
City of Bunbury 44 │ 112
Figure 8: Extract from Liveable Neighbourhoods of Element 1 - Community Design on Neighbourhood and Town Structure.
Whilst a review of the existing Scheme is recommended, it should nevertheless be acknowledged that a number of fundamental amendments to TPS7 have already been adopted by Council and approved by the Minister for Planning. These key amendments include, but are not limited to, the following:
• Scheme Amendment 17, gazetted on 10 November 2009, introduced a use class not listed in the Zoning Table of “Unrestricted Residential Accommodation” as one of the “Special Use(s)” with corresponding “Conditions” for the development of an integrated tourism precinct in a revised “Special Use Zone No. 7 - Tourism & Residential” over Lot 210 and Lot 211 Ocean Drive. This amendment was duplicated over Lot 66 Ocean Drive, which was rezoned from “Parks and Recreation Reserve” to “Special Use Zone No. 50 – Tourism & Residential”.
The amendment was informed by the findings of the State government’s Tourism Planning Taskforce Report (2006)33 and the City’s own adopted Local Planning Strategy for Tourism, which translated the concept of the 5 A’s of tourism into a strategic land use planning context. The benefit of this amendment was that it provided a mechanism (of general and land use definitions) that synchronised the Scheme with the Residential Design Codes (R-Codes) by overcoming the fundamental issue of a dwelling being defined as:
A building or portion of a building being used, adapted, or designed or intended to be
33 Report of the Ministerial Taskforce to the Minister for Planning and Infrastructure, published by the Department for
Planning and Infrastructure, endorsed by Cabinet January 2006.
Local Planning Scheme Review Report
City of Bunbury 45 │ 112
used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.
The approach of applying Unrestricted Residential Accommodation to tourism sites in the Scheme where they are included in a “Special Use Zone”, and supported by accompanying Local Planning Policies where include in a residential zone, sought to overcome both:
� the real statutory barriers that allowed the development of flexible tourism opportunities; and
� the perceived social and economic obstacles that enabled investment in financially viable tourism experiences that are compatible with lifestyle choice.
Scheme Amendment 17 was replicated in to Scheme Amendment 35 (Sanctuary Golf Resort); and is being considered for Scheme Amendment 37 (Welcome Inn), Scheme Amendment 49 (Faulty Towers) and Scheme Amendment 55 (Hungry Hollow).
• Scheme Amendment 30 (Region Scheme Compliance Omnibus Amendment) - is the first omnibus amendment to the current Scheme. This amendment to Parts 1 to 3 of the Scheme Text and corrections to the Scheme Map brought TPS7 into compliance with both the MST and the Greater Bunbury Region Scheme (GBRS). This amendment was itself a significant milestone in either the consolidation or review of a Scheme.
This amendment to the originally gazetted version of the Scheme Map principally fell into one of the following four categories:
� correction of anomalies that occurred following promulgation of the GBRS (which have not already been addressed by the WAPC);
� adjustment to ensure consistency with the State’s cadastre;
� correction to the local zone and reserve boundaries, and overlay text, where necessary; and
� revision of the Scheme Map legend in keeping with proposed amendments to Part 3 of the Scheme Text (i.e. naming of reserves and use of overlay text where necessary).
• Scheme Amendment 33, gazetted on 6 September 2011, represented a comprehensive review of the Car Parking Table and supporting provisions.34
• Scheme Amendment 38 (R-Code Omnibus Amendment) - is the second major omnibus amendment comprehensively modernised the 26 year old residential density coding (or “R-Coding”) layer depicted on the Scheme Map in relation to the City’s established residential areas.
• Scheme Amendment 41, gazetted on 6 September 2011, which clarified the poorly worded text regarding the permissibility and maximum floorspace size of office use within the “Mixed Business Zone”. This amendment also sought to clarify the minimum floorspace size of showroom use and the meaning of terms ‘ancillary’ and ‘incidental’.35
• Scheme Amendment 44, gazetted on 12 July 2011, which significantly reformed the disparate clauses governing the operation of Structure Plans and the similar but smaller scale Detailed Area Plans into a consolidate section under Part 6 of the Scheme Text. The format and content of the new section is now consistent with the WAPC’s Planning Bulletin # 37 - Draft Model Text Provisions for Structure Plans (February 2000).
Residential Density Coding Although a review of the Scheme Map will encompass the Residential Density Code (R-Code) overlay, it will nevertheless be cognizant of the fact that Scheme Amendment 38 (R-Code Omnibus Amendment) to TPS7 comprehensively revised the residential density coding for all established
34 Legal vetting of this work was undertaken by McLeods Barristers & Solicitors, and was peer reviewed by Mr Chris
O'Neill (Principal) of Chris O'Neill & Associates. 35 Legal vetting of this work was undertaken by McLeods Barristers & Solicitors.
Local Planning Scheme Review Report
City of Bunbury 46 │ 112
neighbourhoods. Therefore, the focus of the Scheme review with regard to density codes should primarily be on the structure plan areas that contain new or establishing neighbourhoods. Special Control Areas In relation to the Special Control Area boundaries depicted on the Scheme Map, it can be expected that only minor changes if any will need to be made through the Scheme review given that this overlay has largely been revised through the following amendments to TPS7:
• Scheme Amendment 30 (Region Scheme Compliance Omnibus Amendment) - which rationalised Development Investigation Policy Area (or “DIPA”) boundaries in College Grove and around the Bunbury Port Inner Harbour;
• Scheme Amendment 38 (R-Code Omnibus Amendment) - which introduced a number of DIPA in key undeveloped or redevelopment sites with medium to high R-Coding; and
• Scheme Amendment 44 (Structure Planning) - which introduced a new type of Special Control Area, termed a “Development Contribution Area”, which is shown on a map in Schedule 7 of the Scheme and is depicted as "DCA" with a number. Presently, the only DCA depicted on the map is for the suburban and industrial areas of Glen Iris and Picton respectively.
Zones & Reserves Based upon a consideration of the Scheme Map, it can be appreciated that the Scheme review should as a priority address the apparent limitations of the present suite of zones and reserves. In particular, with due consideration of the drafting principles for the Scheme Map presented under the section heading of Outcomes of Scheme Review in this report, the review of zoning should consider the adequacy of present zones and reserves in meeting universal principles / desired outcomes for productive and liveable urban places, which can include but is limited to the following:
• open space areas of habitat value are conserved and protected in order to:
� sustain local ecosystems,
� retain natural biodiversity,
� preserve landscape character, and
� maintain environmental buffers for natural resource management and natural hazard management,
for the benefit of current and future generations and the long term sustainability of the local and regional community;
• open space areas of recreational and cultural value are integrated and enhanced for passive and active recreational opportunities in order to provide for a healthy and cohesive community within supportive environments for informal and/or formal physical and social activity;
• opportunity for living, employment and investment activity can be suitably and affordably accessed in a range of competitive places within the City that meet the community’s social, economic and cultural needs;
• diversity of economic activity is cultivated in places that exploits their competitive advantages and potential range of land uses capabilities within the context of the City’s local and regional hierarchy of activity centres;
… there is no single blueprint for a healthy sustainable community. Rather, we must draw on the range of lessons and perspectives of community development, urban design, and social and economic regeneration.
Source: Summit 2005: Delivering Sustainable Communities, Office of the Deputy Prime Minister.
Local Planning Scheme Review Report
City of Bunbury 47 │ 112
• efficient pattern of land use is serviced by appropriately matched infrastructure that facilitates the clustering of complementary business activities in balance with a diversity of employment opportunities;
• the consolidation and perpetual rejuvenation of the built environment in each place is achieved through maximising the efficient use of existing infrastructure and the adaptation of its existing buildings and open spaces;
• new infrastructure is coordinated and sequenced in a manner that fairly and equitably apportions the cost and benefits of servicing to a standard that achieves a competitive advantage;
• the City collectively and each place individually has a logical pattern and mix of land use activities that supports efficiency and self-sufficiency in balance with the specialisation of a place’s local economy;
• residential and sympathetic business activities are integrated and located in close proximity to each other in order to encourage housing diversity and local employment opportunities within each place’s walkable ped shed catchment area;
• a range of well integrated transportation and communication options enable efficient movement of people, information, goods and services locally within each place, internally across the City and externally to the region;
• street networks, including pedestrian and bicycle pathways, are well connected, legible and comfortable to use by all people and take account of seasonality and local climatic conditions;
• distinctiveness of local identity and sense of place is reinforced by the conservation of existing development with recognised and celebrated cultural heritage value and the development of new places that make a contribution to the established character of each place;
• built form combines attractiveness and functionality to produce a high level of amenity through good urban design and servicing - comprising of architectural and landscape elements that contributes to and emphasises their environmental features, local character and heritage;
• vibrancy of social / cultural activity is supported by public and semi-public spaces and facilities that are planned, designed and used in a manner that contributes to social and economic activity;
• perception of personal safety and security in both the public and private domain, including all modes of transportation, by day or night is experienced by people in places designed, used and maintained in a manner that incorporates crime prevention through environmental design principles;
• public health of local communities within each place and collectively across the City is preserved over time by the separation of incompatible land use activities and the effective management of risks from human and environmental disasters;
• places, and the buildings and open spaces within them, are designed to be supportive of pedestrian and bicycle movement that satisfies the full spectrum of lifestyle, commuting and recreational activities;
Table 7 below provides a synopsis of the types of regional reserves and zones included under the Region Planning Scheme as compared with that of both the corresponding local reserves and zones of the MST and the existing TPS7. In certain cases there may not be an equivalent reserve or zone under the existing Scheme (e.g. “Private Recreation Zone”). Alternatively, there may be a number of reserves or zones under the Local Planning Scheme for a given Region Planning Scheme reserve or zone (e.g. “Urban Zone”). This circumstance is acceptable so long as the Region Planning Scheme’s reserves are entirely reflected in the Local Planning Scheme, and that the intent of any Local Planning Scheme zone conforms to the purpose and intent of the overriding Region Planning Scheme zone.
Local Planning Scheme Review Report
City of Bunbury 48 │ 112
Table 7: Comparison between GBRS, MST and TPS7 Reserves & Zones.
GBRS MST TPS7
Regional Reserves Local Reserves Local Reserves
• Regional Open Space • Parks and Recreation
• Conservation
• Parks and Recreation
• Public Purposes • Public Purposes
• Public Utilities
• Public Purposes
• Port Installations No equivalent. No equivalent, see “Port Industry Zone”.
• Primary Regional Roads • Primary Distributor Road
• District Distributor Road • Other Regional Roads
• Major Road
• Local Distributor Road
No equivalent. • Local Road • Access Road
• Railways • Railway • Railway
• Waterways - • Waterway
• Canal
Regional Zones Local Zones Local Zones
• Regional Centre • Regional Centre
• Town Centre
• City Centre
• Residential • Residential
• District Centre
• Local Centre
• Shopping Centre
• Mixed Business
• Business
• Mixed Business
No equivalent. • Service Station
No equivalent. • Place of Assembly
No equivalent. • Education
• Urban
• Mixed Use No equivalent, see Special Use Zones.
Local Planning Scheme Review Report
City of Bunbury 49 │ 112
GBRS MST TPS7
• Tourist No equivalent, see Special Use Zones.
• Urban Deferred • Development • Development Zone - Residential
• Development Zone - Industrial
• Industrial • Strategic Industry
• General Industry
• Light and Service Industry
• Industry
No equivalent, see “Port Installations Reserve”.
No equivalent. • Port Industry Zone
• Private Recreation No equivalent. No equivalent.
No equivalent. • Canal No equivalent, see “Canal Reserve”.
No equivalent. • Special Purposes • Special Use
• Rural • Rural • Rural
Given the anomalies identified in the above table of comparisons, further analysis of the Scheme Map yields the following summary observations about the current spectrum of zones and their spatial layout in TPS7, as illustrated in figure 9:
• constant incremental changes in zoning (and associated use class permissibility and development standards) creates uncertainty and is unsustainable;
• zoning must adequately balance certainty with flexibility over a 25 year horizon (i.e. for at least the economic life of a building);
• the spectrum, or sometimes referred to as the balance of zones, should not have gaps and overlaps that results in land use conflicts and an over reliance upon ad hoc Special Use Zones;
• with no more green-field land for expansion, the competing demands of the property industry result in a choice between -
� expanding non residential uses into existing residential areas, or
� expanding residential uses into existing non residential areas.
Local Planning Scheme Review Report
City of Bunbury 50 │ 112
Figure 9: Spectrum of local zones under TPS7. With a less predictable future than when Town Planning Scheme numbers 1 through to 7 were drafted, it is recommended that Bunbury’s new Local Planning Policy Framework will need to incorporate the lessons learnt from its own past and the emerging practice of adaptive management approaches nationally and internationally if it is to derive local solutions that are appropriate to its circumstances (i.e. a more ‘enlightened muddling through’36 approach). Translating contemporary best practices into the local context will be critical if the Local Planning Policy Framework is to meaningfully seek to secure a productive and liveable future for the City, and in particular if it is to achieve its aspirations. In practical terms this means that the new Scheme will need to address the summary observations outlined above by providing for a more stable and balanced spectrum of zones that can accommodate changing development needs without compromising either the aims of the Scheme or the objectives of the zones. The benefits of rationalising and normalising the zones of TPS7, with its 54 special use zones, to be more in keeping with that of the MST (see Figure 10) will expect to result in greater efficiency in administering the Scheme by reducing the need for constant amendment of the Scheme Map. Other tangible benefits from applying a more standard suite of local zones and reserves may include the following outcomes:
• Introducing a mixed use zone may enable the merging of appropriate residential and non-residential uses in strategic locations that are liveable / walkable - along activity corridors and around activity centres.
36 T. Shrapnel, 2011, pers. comm, 14 October.
Service Station
Education
Place of Assembly
City Centre Port Industry
Mixed Business Rural Industry Residential Shopping Centre
Public Purposes
Public Purposes
Development - Residential Development - Industry
Special Use - Business Park
Special Use - District Centre
Special Use - Shopping Centre
Special Use - Residential
Special Use - Industry
Special Use - Mixed Business
Special Use - Commercial
Special Use - Mixed Use
Special Use - Restaurant
Special Use - Hotel
Special Use - Tavern
Special Use - Caravan Park
Special Use - Resort
Special Use - Local Centre
Special Use - Tourism
Special Use - Vet Hospital
Special Use - Light/Service
Industry
Special Use - Transport Depot
Special Use - Motel
Special Use - Car Park
Special Use - Abattoir
Special Use - Medical Centre
Special Use - Aged Persons
Special Use - Hotel
Local Planning Scheme Review Report
City of Bunbury 51 │ 112
• Reintroducing a commercial zone may provide better gradation of land use intensity between established areas west of Blair Street and the Mixed Business Zone to the east of Blair Street – buffering and reducing land use conflicts to adjoining residential neighbourhoods.
• Reintroducing a light industry zone in vicinity of residential areas may buffer and reduce land use conflicts to adjoining residential neighbourhoods.
• Differentiating Shopping Zone into Local Centre Zone and District Centre Zone (to complete City Centre Zone) will better focus guide land use planning of centres and protect residential amenity.
• Preserving existing Special Use Zones for tourism uses maintains Council’s control over such strategically important activities / sites.
Figure 10: Spectrum of local zones under the Model Scheme Text. Local Planning Policies During the life of TPS7 the City has adopted over 50 different Local Planning Policies without a consistency of format or content. Complementary to the Local Planning Strategy & Scheme Review Project, the Local Planning Policy Review Project seeks to rationalise and standardise the various Local Planning Policies into a more logical and consistent framework that better supports decision making around the development assessment and approval process. The City’s Local Planning Policies are required to be reviewed on a regular basis. However, the majority of the current Local Planning Policies were last reviewed in 2003, which makes a major review necessary. As discussed in the background of this report, Part 2 of the Scheme establishes the Local Planning Policy Framework that defines the relationship between the Scheme and both the overarching Local Planning Strategy and subordinate Local Planning Policies. This part of the Scheme also sets out the statutory procedure for establishing, reviewing and rescinding Local Planning Policies; which involves public advertising and adoption by Council. As such, it is important to note that Local Planning Policies are not part of the Scheme but are guidelines to assist the Local Government in making decisions under the Scheme for dealing with particular land use and development issues (e.g. urban design matters) that require more detailed guidance and flexibility than specified under the Scheme. Therefore, Local Planning Policies are required as a normal part of regulating land use and development specific to a Local Government’s needs. Although Local Planning Policies are not part of the Scheme and do not bind the Local Government, they nevertheless must be consistent with and cannot vary from the intent of the Scheme provisions or a State Planning Policy (e.g. the R-Codes). In considering an application for planning approval, the Local Government must nevertheless have due regard to relevant Local Planning Policies as required under clause 10.2 of the Scheme / MST.
City Centre
District Centre Public Purposes
Rural Commercial Mixed Use Light Industry General Industry
Residential Mixed Business
Local Centre
Development Special Use - Tourism
Public Purposes
Local Planning Scheme Review Report
City of Bunbury 52 │ 112
As it can be appreciated, the aim of good policy is to be comprehensive but also clear and easy to use for designers and assessors. The goal of the Local Planning Policy review, as a component of the Local Planning Policy Framework, is to promote the improvement in the quality and efficiency of the City’s physical environment (both natural and built); particularly as it relates to the social and economic environments. The purpose of the Local Planning Policy review will be to provide an updated policy framework in line with current legislation and changes in planning practice and in community attitudes and expectations. Consequently, the objective of the Local Planning Policy review programme will be to improve the decision making practices and procedures, either by public authorities (e.g. the Local Government or the Development Assessment Panel) or private certifiers, in order to assist in facilitating and co-ordinating realisation of the City’s planning objectives and to provide additional planning tools that aid and support development application assessments. The Local Planning Policy Review Project is being undertaken in accordance with a quality assured approach that is being documented in a Local Planning Policy Review Manual. The manual is a technical and operationally focused document that provides the background analysis and justification for the review process and also provides a legacy for future reviews. The Local Planning Policy review process is expected to take approximately two to three years two complete and implement. During this time a thorough examination of best practice land use and infrastructure planning methodologies will be examined as part of the Local Planning Policy Framework. Supporting Local Planning Initiatives Local Area Planning Programme Initial City Visioning project material introduced the concepts of ‘place management’, ‘place based planning’ and ‘precinct plans’ - but did not establish the necessary statutory head of power, consistency of practice / methodology (including community engagement process) or the organisational structure to implement them. Integrated Local Area Planning (ILAP) was promoted by the Commonwealth Government and the Australian Local Government Association as a ‘whole of government’ and ‘whole of community’ approach to strategic planning focused on the local level. This approach is currently only practised in a limited number of local governments in Western Australia (e.g. Cities of Swan, Stirling and Melville). The City does not currently have a formalised ILAP programme that is supported by a whole-of-organisational team. Refer to page 5 of the City Vision Action Plan for how this is intended to be driven through the Strategic Planning Programme. Therefore, to date the adopted Glen Iris - Moorlands LAP (and drafting of the CBD LAP) has been solely undertaken by the City of Bunbury, but will require broader corporate participation in order for LAP’s to be fully implemented. Structure Planning Structure Plans are statutory planning instruments required for guiding / regulating the subdivision of land and provision of infrastructure (i.e. greenfield developments). The WAPC is the statutory authority for assessing and approving applications for subdivision. Structure plans are then implemented through the subdivision referral process from the WAPC to the Local Government. Structure plans are formulated / assessed by the Local Government, which must then be adopted by Council and endorsed by the WAPC to permit the subdivision and development of land. Currently, the City of Bunbury is responsible for either formulating or assessing (modifying) the following structure plans:
• Glen Iris, endorsed 2010;
Local Planning Scheme Review Report
City of Bunbury 53 │ 112
• Moorlands (North), endorsed 2010;
• Tuart Brook, being drafted; and
• others being drafted include Lot 15 South Western Highway, Wimbridge, Moorlands (South), College Grove, etc.
In relation to Glen Iris, it should be noted that Scheme Amendment 26 gazetted on 19 March 2010, effected the rezoning of the majority of land within the Glen Iris Structure Plan area from “Development Zone – Residential” to "Residential Zone” with residential density codes of “R20”, “R30” and “R40". This occurred pursuant to clause 5.9.12.4 of TPS7, which compels the Local Government to amend the Scheme from time to time so that the ultimate land uses developed in accordance with an approved structure plan is appropriately reflected on the Scheme Map with the particularly zones and reserves. Scheme Amendment 44 (Structure Planning) gazetted on 12 July 2011 not only significantly reformed the clauses governing the operation of local Structure Plans under the Scheme, it also introduced a new type of Special Control Area termed “Development Contribution Area” shown on the Scheme Map as "DCA" with a number or included in Schedule 7.37 The purpose of this amendment was to enable timely and efficient implementation of adopted structure plans whilst still ensuring sound administration of the Scheme. Scheme Amendment 44 rationalised the disparate provisions of the Scheme dealing with structure planning by consolidating them into one part of the Scheme in a standardised format that was in accordance with Planning Bulletin # 37. A key benefit of employing the Draft Model Text Provisions for Structure Plans is that it enables adopted and endorsed structure plans to assign the zoning of land up until such time as the Scheme Map is updated accordingly - thereby facilitating the subdivision and development of the land as soon as the structure plan is finalised. Whereas, previously there could be a lengthy period of time between when the structure plan is finalised and when proponents can apply to subdivide and develop their land for new land uses. Reserve Management Planning Notice of a delegation to amend Local Planning Schemes in relation to reserved lands under the GBRS appeared in the Government Gazette (No. 103) on 12 June 2009. Modifications to the TPS7 Scheme Map were then subsequently made by the WAPC, which transposed the regional reserves over the local reserves and zones as depicted on the GBRS Scheme Map. The most significant of the regional reserves in terms of area that is now depicted on the TPS7 Scheme Map is the “Regional Open Space Reserve”. The scope of Scheme Amendment 30 (also known as the Region Scheme Compliance Omnibus Amendment) which was initiated on 16 December 2008 and adopted for final approval by Council held on 17 May 2011 was subsequently refined to address those matters left outstanding. That is, those necessary changes that have not yet been effected under clause 126 of the Planning and Development Act 2005 and other sundry minor changes not directly related to the gazettal of the GBRS, but which pertain to conformity with Parts 1 to 3 of the MST. One such matter resolved by Scheme Amendment 30 was to do with the fact that regional reserves were now depicted on the TPS7 Scheme Map, but their existence was not referred to under Part 3 of the TPS7 Scheme Text as is normally prescribed by the MST. The benefit of Scheme Amendment 30 was to insert the missing MST provisions referring to “Regional Reserves” into the Local Planning Scheme - thus clarify the purpose of these reserves and that the procedure for approving any use or development within them is regulated by the Region Planning Scheme. The benefit of Scheme Amendment 30 was to insert the missing MST provisions referring to
37 Presently, the only DCA depicted on the Scheme Map is for the suburban and industrial areas of Glen Iris and Picton
respectively.
Local Planning Scheme Review Report
City of Bunbury 54 │ 112
“Regional Reserves” and to clarify the purpose of these reserves and that the procedure for approving any use or development within them is regulated by the Region Planning Scheme. Given that it is accepted practice that a statement regarding the ultimate intended purpose of each type of local reserve should also be explained. Part 3 of the GBRS Text specifies that land shown as reserved lands on the GBRS Map are reserved under the Region Planning Scheme for a public purpose as described under clause 10 of the GBRS Text. The purpose of the “Regional Open Space Reserve” as defined in clause 10(a) of the GBRS Text is as follows:
Regional Open Space — to protect the natural environment, provide recreational opportunities, safeguard important landscapes and provide for public access;
Land reserved as ROS is intended to be retained in public ownership and is to be maintained as public open space.
Clause 25 of the GBRS Text prescribes the need for all development or works carried out by public authorities to be consistent with a “management plan” that is endorsed by the WAPC. Such a management plan should ideally provide guidance to the usage of each reserve in a manner that is consistent with clause 26 of the GBRS Text, which deals with use of reserved land by a public authority. Consequently, the City of Bunbury is undertaking the preparation of Reserve Management Plans (RMP), as required, in order to assist the Local Government in meet its responsibilities for the management of lands included in the “Regional Open Space Reserve” under the GBRS where Council is the vested authority (e.g. Turkey Point, Big Swamp, etc). The purpose of a RMP is to advance the achievement of the agreed desired environmental outcomes for each reserve in a manner that is consistent with clause 25 of the GBRS Text, which deals with permitted development on reserved land. Nevertheless, whilst the RMP is intended to be endorsed by the WAPC, and any other relevant public authorities, in satisfying the requirements of the GBRS it is not the definitive management plan for each reserve. Rather, in the context of the “Regional Open Space Reserve”, a RMP operates at the Local Government level and should be seen as a component of a larger overarching management plan at the regional or State government level (e.g. Ocean to Preston Regional Park). Alternatively, it may be desirable where circumstances permit for a RMP to be formulated over public open space included in the local “Conservation Reserve” or even “Parks and Recreation Reserve. As this land is also Crown Land that is vested with the Local Government for its management; and hence, depending upon the level of significance and pressures on ecological and recreational values, such reserves may also benefit from being managed through the RMP mechanism. The function of each RMP is to delineate between the two primary uses of conservation and recreation in a manner that seeks to balance the drivers and sometimes competing needs of reserve users and managers. In this way a RMP represents the accepted trade-offs that need to made and agreed upon by all key stakeholders in seeking to achieve the desired environmental outcomes for a particular reserve. Nevertheless, it should be noted that the demands and associated impacts on reserves (i.e. by natural processes and by users) mean that they are dynamic and constantly changing environments. Therefore, a RMP must not be formulated or viewed as a master plan - but should instead be a practical tool for managing the reserve in a responsive manner, and must be constantly monitored throughout their implementation in order for them to remain relevant and effective. As such, all RMP should be reviewed on an annual basis, or adjusted as required at anytime in order to take account of changing circumstance. Critically, a RMP must be seen as the documentation of a process for integrating and/or coordinating a diverse range of management activities carried out by the Local Government and other agencies. Consequently, while the RMP attempts to be holistic in its approach it is drafted in a manner that is concise and operationally
Local Planning Scheme Review Report
City of Bunbury 55 │ 112
focused. Information contained in an RMP is presented only because it is relevant to the overall management of the reserve (i.e. the management statements and activities affect the operations of one or all of the other participating agencies / key stakeholders). The RMP does not replace more detailed topic specific management tools, nor does it provide a comprehensive background or benchmark analysis of the condition of the reserve (e.g. fauna and flora studies). These other documents (studies, reports, plans, etc) are still required for the proper management of this reserve. Instead, the RMP simply translates the pertinent information from these other sources into a synthesised operationally focused tool over a short to medium timeframe (i.e. from 5 to 10 years). Given that an RMP is subordinate to all other statutory and corporate documentation, it must be understood that any proposals or operational programme presented therein must reflect those higher documents. As such, where any information contained in a RMP is inconsistent with a higher document such as the GBRS, then the provisions of the higher document prevails. By way of example, the operational programme presented at the back of a RMP does not replace Council’s Five Year Financial Plan (5YFP) or its Five Year Capital Works Programme (5YCWP), but is instead a consolidated summary of projects derived form these documents presented for information purposes only. As such, it should ideally provide a useful single point of reference on the scheduling of all approved and budgeted projects to be carried out within the reserve. The RMP is also an important nexus between planning for general reserve management and bushfire management; as many of Bunbury’s fringing residential and industrial subdivisions are adjacent to native bushland areas. In accordance with the Bush Fires Act 1954, local governments with management responsibility for reserved land are to institute sustainable fire management planning regimes for these areas. Buildings immediately adjacent to bushland reserves that are bush fire prone may be at risk from direct flame contact or susceptible to ember attack. For this reason, the City has drafted comprehensive Fire Management Plans (FMP), which will complement RMPs, for those areas it has management authority over. So far an FMP for the special subdivision area in College Grove and the Loughton Park Conservation Reserve have both been commented on and approved from community and stakeholders. A draft for the Irwin Reserve FMP is currently under consideration and development. Standard Conditions Review Project The City of Bunbury is undertaking the comprehensive review of the existing list of standard conditions applied to planning approvals. The preparation of a Standard Conditions Manual will provide a Quality Assured practice guide for the ongoing and constant improvement in the formulation of conditions and how they are applied to future development approvals. Local Government Heritage Inventory Review Project The existing City of Bunbury Municipal Inventory of Heritage Places (also commonly referred to as the ‘Municipal Inventory’ or just ‘MI’) is presently under review with the assistance of the Heritage Council of Western Australia (HCWA) and a heritage consultant. It should be noted that the Local Government Heritage Inventory is separate to the “Heritage List”, which is not part of the Scheme but is adopted by Council in accordance with Part 7 of the Scheme, for the purposes of requiring landowners to make an application for planning approval to develop places of recognised cultural heritage value (i.e. for a single house on a lot). The purpose of the Local Government Heritage Inventory, which all local governments are required to prepare in accordance with the Heritage of Western Australia Act 1990, is to identify local heritage assets (areas and places) in a systematic fashion, and provide the base information required for local heritage planning to achieve consistency, strategic direction and community support.
Local Planning Scheme Review Report
City of Bunbury 56 │ 112
A Local Government Heritage Inventory is a list of places that, in the opinion of the Local Government, are or may become of cultural heritage significance. The current Local Government Heritage Inventory includes individual place records that briefly locate and describe each place, outline its significance and provides a recommendation for the management of its cultural heritage values. The Local Government Heritage Inventory also includes a Thematic Framework that outlines the history of the City and is used to assess the cultural significance of places. As such, the Local Government Heritage Inventory forms the database that informs preparation and review of the Heritage List (i.e. the information and justification for the inclusion of an area or a place in the Heritage List). Inclusion of a site in the Heritage List then statutorily provides some consideration for its protection and/or conservation in accordance with the provisions of the Scheme and any relevant subordinate Local Planning Policy (e.g. Local Planning Policy: East Bunbury Heritage Area). Consequently, it is envisaged that the Local Government Heritage Inventory Review Project will generate recommendations in relation to the revision of existing Heritage List, which will be reviewed separately once the revised Local Government Heritage Inventory has been completed. Link to Resiliency & Emergency Management For the Local Planning Policy Framework to remain robust and relevant over the next 5 to 20 year timeframe, it must factor in key and emerging issues of strategic importance that affect the longer term sustainability and liveability of the City such as climate change (i.e. a drying climate with more extreme events and rising sea level). To do this properly, the City will prepare the aims-strategies-actions for the Local Planning Strategy and the objectives and provisions of the Scheme cognizant of a range of ‘drivers of change’ that have been deduced through the preparation of the Local Planning Strategy for Environmental Assets & Natural Resources. Nevertheless, it can be appreciated that the concept of what is sustainable at any given point in time must be constantly monitored in order for any necessary changes in strategy directions to be made in a timely manner. Promoting a more sustainable City also encompasses it being a more resilient community; therefore, long term land use planning will need to take into account of long term emergency management planning. Consequently, it is intended that the aims-strategies-actions of the Local Planning Strategy and the objectives and provisions of the Scheme should in turn be informed by the Emergency Management Strategy for the City, in addition to the Community Strategic Plan, and that the cascading strategic planning process should mutually reinforce the interrelationships between good land use planning with sound emergency management, of which increased risk from flooding, bushfires, etc are a key issue. Whilst planning is a powerful tool for mitigating or avoiding altogether many of the risks posed to public safety and infrastructure investment, it is nevertheless limited in what it can achieve. Figure 11 below conceptually illustrates this by showing how the many issues encompassed within the broad spectrum of sustainability and resiliency matters must be translated into the much narrower band of correlating land use and development matters that can be addressed by the Local Planning Policy Framework. It must be appreciated that the scope of these matters is statutorily limited by Schedule 7 of the Planning and Development Act 2005. As such the Local Planning Policy Framework, specifically the Scheme, acts as a prism through which many disparate triple-bottom-line issues (e.g. crime prevention, water resource management, transportation, bushfire protection, flood mitigation, etc) are merged and focused into land use and development matters. The analogy of the Scheme as a magnifying glass is apt, as it is through the Scheme that the land use and development aspects of sustainability are then focused and differentiated into manageable issues that can be dealt with through subordinate planning instruments such as Local Planning Policies.
Local Planning Scheme Review Report
City of Bunbury 57 │ 112
Figure 11: The sustainability spectrum and the Local Planning Policy Framework.
Wat
er
Sen
sitiv
e U
rban
Des
ign
Acc
ess
&
Par
king
Examples in the spectrum of Sustainability and Resiliency issues
Examples in the spectrum of Land Use Planning and Development issues
Local Planning Policy
Framework
Des
igni
ng O
ut
Crim
e
Community Strategic Plan > 20 year horizon
Local Planning Scheme 5 year timeframe
Local Planning Policies 1 - 5 year review cycle
Local Planning Strategy 20 year timeframe
Bus
hfire
P
rote
ctio
n
Floo
d M
itiga
tion
Economic
Sphere Environment Sphere
Social Sphere
Res
ourc
es
Em
erge
ncy
Man
agem
ent
Crim
e P
reve
ntio
n
Fre
ight
T
rans
porta
tion
Pub
lic
Tran
spor
t
Res
erve
s
Bio
dive
rsity
C
onse
rvat
ion
Ene
rgy
Rec
reat
ion
Em
ploy
men
t
Cul
ture
Com
mer
ce &
In
dust
ry
Local Planning Scheme Review Report
City of Bunbury 58 │ 112
Scheme Review Procedure Statutory Requirements Section 88 (1) and (2) of the Planning and Development Act 2005 requires local governments to prepare a consolidation of their Local Planning Schemes, incorporating all amendments, every five years. As TPS7 was gazetted on 13 December 2002, a consolidation of the Scheme is now due. Section 94 of the Act requires that a Scheme review is to be effected by way of a report to the Minister for Planning, which examines the operation of the Scheme. Before doing so, section 90 of the Act specifies that a local government must prepare a consolidated scheme incorporating such amendments as have been made to the Scheme and invite submissions from the public on the desirability of the review. Despite this, section 88(3) of the Act states that a Local Government may resolve to prepare a new Scheme instead of preparing a consolidation, which under regulation 4(6) of the Town Planning Regulations 1967 specifies that it is the Commission that considers and comments on this resolution. The grounds for exercising this course of action and the procedure to be followed is not well articulated by or synchronised between the subsequent provisions of the Act and accompanying Regulations; however, it can be presumed that a review of a Scheme should only be considered where there are significant and compelling reasons to do so. The reason for this is that if Schemes are properly prepared in the first instance and have been soundly administered since their gazettal - then there should not be a need for a new Scheme. Therefore, it is the intention of this report to fulfil the requirements of both the Act and Regulations to enable the scheme review to be effected from the outset in accordance with Council’s resolution pursuant to section 88(3) of the Act and regulation 4 of the Regulations. Request for Exemption from Consolidation Council is yet to establish a strategic position on how it will manage the future growth and change of the City with the formulation of its first Local Planning Strategy, which logically should be meaningfully implemented by a statutory instrument that is derived from first principles and is aligned with the strategic intent of the Strategy. The benefit of preparing a new Scheme is that it allows the City the necessary freedom of action to address the key issues, such as the balance of zones, whilst also enabling it to bring the Scheme Text further into compliance with the MST. It is anticipated that these modifications to the Scheme will constitute significant changes and must therefore be addressed through the creation of a new Scheme. Further, it is considered that advertising for public comment on the desirability of the review as opposed to a consolidation is not necessary given that:
• The existing Scheme has now largely been consolidated, as the City has maintained regular updates of the Scheme Text and Maps and all approved amendments have been incorporated accordingly.
• Recent public consultation initiatives undertaken as part of the major amendments to the existing Scheme. For example, a comprehensive review of the residential density coding for the majority of the residential areas within the City as part of Scheme Amendment 38 to TPS7. This process involved extensive public consultation with all rateable properties affected being directly notified of the proposed Scheme Amendment.
It should be noted that the City will be undertaking a community consultation program during the Scheme review process, which it is envisaged will exceed the legislative requirements, so that all stakeholders and users of the Scheme will have had the opportunity to meaningfully contribute to setting the City’s future strategic directions and statutory regime. Therefore, it is recommended
Local Planning Scheme Review Report
City of Bunbury 59 │ 112
that subject to the granting of an exemption from the requirement to consolidate the existing Scheme, Council should resolve to initiate a review of the City of Bunbury Town Planning Scheme No. 7 by resolving to prepare a new Scheme and a Local Planning Strategy. Processes for the Scheme Review Subject to the granting of an exemption to consolidate the Scheme, once Council has resolved to initiate the Scheme review, regulation 4 of the Town Planning Regulations 1967 specifies that a Local Government that passes a resolution to prepare a new Scheme is to forward to the WAPC the following:
(a) a copy of the resolution certified by the Chief Executive Officer (CEO);
(b) a map marked “Scheme Area Map”, signed by the CEO, showing the area of land proposed to be included in the Scheme; and
(c) a statement setting out -
i. the objects and intentions of the Scheme; and
ii. the anticipated format of the Scheme. Whereupon, the Commission is to examine the copy of the resolution, the map and the statement forwarded and is notify the Local Government in writing of the receipt of the documents together with any:
• adjustment that the Commission considers should be made to the Scheme Area; and
• comments the Commission may have on the statement. Once this has occurred, the Local Government is to as soon as reasonably practicable publish the notice of resolution once in the Government Gazette and also publicly advertise the notice of resolution at least once in a local newspaper based on the format of Form No. 2 in Appendix A of the Town Planning Regulations 1967. The Local Government is also required to forward a copy of the notice on to:
• each adjoining local government (Shires of Capel, Dardanup and Harvey);
• the Water Authority of Western Australia;
• the Department of Environment and Conservation; and
• every other public authority likely to be affected by the Scheme; and,
is to request that each of them to forward to the City of Bunbury particulars of any matters that in the opinion of the local government of an adjoining district or the public authority, should be considered during the preparation of the Scheme.
In accordance with section 81 of the Act, when a local government resolves to prepare or adopt a new Local Planning Scheme, or an amendment to an existing Scheme, the local government is to forthwith refer the proposed Scheme or amendment to the Environmental Protection Authority (EPA) by giving to the Authority the following:
(a) written notice of that resolution; and
(b) such written information about the new Local Planning Scheme or amendment as is sufficient to enable the EPA to comply with section 48A of the Environmental Protection Act 1986 in relation to the new Scheme or amendment.
It should be noted that TPS7 was not considered to be an “assessed scheme” by the EPA, and that to date, the proposed Scheme review has not yet been formally assessed as a proposal by the Authority. The referral of this proposal to the EPA is required under section 81 of the Planning and Development Act 2005, which obliges local governments to refer any revised scheme or scheme
Local Planning Scheme Review Report
City of Bunbury 60 │ 112
amendment to the EPA upon resolution to prepare a new Scheme or adopt an amendment to an existing Scheme (i.e. TPS7). This referral is to enable the EPA to discharge its responsibilities under section 48A of the Environmental Protection Act 1986. It is expected that the proposed Scheme review may not require an Environmental Review in accordance with section 48C(1)(a) of the Environmental Protection Act 1986, as there are no known significant environmental impacts generated by the proposal at this stage. For example, it could be expected that an Environmental Review would be required where a sufficiently significant amount of land with appreciable environmental values was proposed to be rezoned in a manner that would intensity its development potential, and hence, diminish its environmental values (e.g. rezoning vegetated rural land to industrial, etc). Therefore, it is expected that instead of requiring an Environmental Review, the EPA may give ‘informal advice’. The recommendations of any informal advice may then be used to inform the final revised Scheme (e.g. inclusion of any relevant Environmental Conditions). Following granting of consent by the WAPC to proceed with the review, the proposal would be advertised for public comment for a period of not less than three months in accordance with the provisions of the Planning and Development Act 2005. On completion of advertising, the revised Scheme documentation, along with the draft Local Planning Strategy, is to be referred back to Council for its second consideration to finally adopt. Should Council then resolve to adopt the new Scheme and final draft of the Local Planning Strategy, then the documentation is to be referred to the WAPC for its endorsement and referral to the Minister for Planning for final approval and gazettal. Table 8 below outlines the minimum statutory steps in the Scheme review procedure, as specified by the Planning and Development Act 2005 and associated Town Planning Regulations 1967.38 Table 8: General outline of the statutory steps in the Scheme review procedure.
Tasks Explanation
Step 1
Report to Council recommending initiation of a Scheme review, incorporating a Scheme Report containing a “Scheme Area Map” and a “Statement” setting out:
• objectives for the new Scheme; and
• anticipated format of the new Scheme.
In accordance with section 72 and 88(3) of the Planning and Development Act 2005.
Step 2
Council resolves to initiate preparation of a new Local Planning Scheme.
In accordance with regulation 4 (Appendix A, Form No. 1 Resolution Deciding to Prepare a Town Planning Scheme) of the Town Planning Regulations 1967.
38 It should be noted that amendments to the existing Town Planning Scheme No. 7 can still occur up to the stage that
the revised Local Planning Scheme No. 8 becomes operational. However, once the revised Scheme has been advertised it is recommended that no further amendment be initiated to the existing Scheme, as they are unlikely to be finalised before the gazettal of the new Scheme.
Local Planning Scheme Review Report
City of Bunbury 61 │ 112
Tasks Explanation
Step 3
Within 28 days, the Local Government forwards a copy of Council resolution (and Scheme Report) certified by the CEO to the WAPC seeking consent to publicly advertise the notice of resolution deciding to prepare a new Scheme.
Step 4
WAPC considers the resolution (and Scheme Report), and as soon as reasonably practicable, notifies the Local Government of its authorisation to publicly advertise its notice to review the Scheme along with any adjustments / comments.
Step 5
Following notification from WAPC, the Local Government publishes its notice to review the Scheme in the Government Gazette (once) and local newspaper (once) of the passing of the resolution.
In accordance with:
• section 81 and 83 of the Planning and Development Act 2005;
• regulation 5 (Appendix A, Form No. 2 Advertisement of Resolution Deciding to Prepare a Town Planning Scheme) of the Town Planning Regulations 1967.
Step 6
Local Government forwards a copy of the notice to each adjoining Local Government district, the Environmental Protection Authority (EPA), Department of Environment and Conservation, Department of Water and all other public authorities affected with a request for comment of matters to be considered during Scheme preparation.
Local Government may publish and promote its Local Planning Strategy: Discussion Paper through a range of media to build public awareness (web site, City Beat articles, flyers, radio, forums, drop-in shop front, etc).
Step 7
Within 6 months of the date of consent, the Local Government prepares the proposed draft Local Planning Strategy and revised Local Planning Scheme.
In accordance with:
• section 69, 73 and 77 of the Planning and Development Act 2005;
• regulation 8 (Appendix B, Model Scheme Text), 10, 11 and 12A of the Town Planning Regulations 1967.
Local Planning Scheme Review Report
City of Bunbury 62 │ 112
Tasks Explanation
Step 8
Report to Council recommending adoption of the draft Local Planning Strategy and new Scheme for public advertising.
In accordance with regulation 12B(1) and 13 of the Town Planning Regulations 1967.
Council resolves to proceed with the review by adopting the proposed draft Local Planning Strategy and revised Scheme for public advertising with or without modifications.
Council resolves not to proceed with the Scheme review.
Step 9
Local Government forwards its resolution and draft Local Planning Strategy and revised Scheme to the WAPC for consent to publicly advertise.
Local Government refers the proposed draft Local Planning Strategy and revised Scheme to the EPA for formal assessment.
Notifies the WAPC.
In accordance with section 81 of the Planning and Development Act 2005, under section 48A of the Environmental Protection Act 1986.
Step 10
EPA considers the proposed draft Local Planning Strategy and revised Local Planning Scheme and advises the Local Government of the outcomes of its assessment with regard to the need for an Environmental Review and/or advice.
Under section 48C of the Environmental Protection Act 1986, and in accordance with section 82 of the Planning and Development Act 2005.
The Local Government is required to comply with EPA requirements before proceeding.
Local Planning Scheme Review Report
City of Bunbury 63 │ 112
Tasks Explanation
Step 11
Subject to EPA assessment, the WAPC considers the resolution and draft Local Planning Strategy and revised Scheme for consent to publicly advertise.
In accordance with regulation 13 and 14 of the Town Planning Regulations 1967.
WAPC recommends to the Minister for Planning granting of consent to advertise the draft Local Planning Strategy and new Scheme with or without modifications.
WAPC recommends to the Minister to not grant consent to advertise the draft Local Planning Strategy and new Scheme.
Subject to EPA decision and/or completion of an Environmental Review to the satisfaction of the EPA, in accordance with section 82 of the Planning and Development Act 2005 and section 48A(1) or 48C(1) of the Environmental Protection Act 1986.
Step 12
Local Government advertises the draft Local Planning Strategy as part of the new Scheme by:
• publishing a notice once a week for two consecutive weeks in a local newspaper during an advertising period (of not less than 3 months for the Scheme and 21 days for the Local Planning Strategy) calling for submissions;
• forward a copy of the Local Planning Strategy and new Scheme to any other person or public authority that has a direct interest in the Local Planning Strategy, for consideration and advice;
• take such other steps as the local government considers appropriate to give notice of the Local Planning Strategy and new Scheme; and
• carry out such other consultation as the Local Government considers appropriate.
In accordance with:
• section 84 of the Planning and Development Act 2005;
• regulation 12B(2), 15 (Appendix A, Form No. 3 Town Planning Scheme Available for Inspection) and 16 (Appendix A, Form No. 4 Submission on Planning Scheme) of the Town Planning Regulations 1967.
Copies of the Scheme and Scheme Report and other supporting documents to be made available for inspection by the public at both the City’s and Department of Planning’s offices.
Step 13
Local Government refers the proposed draft Local Planning Strategy and revised Local Planning Scheme to the HCWA for advice.
In accordance with section 79 of the Planning and Development Act 2005.
Local Planning Scheme Review Report
City of Bunbury 64 │ 112
Tasks Explanation
Step 14
HCWA considers the proposed draft Local Planning Strategy and revised Local Planning Scheme and gives its advice to the Local Government.
Step 15
Within 6 months of the expiry of advertising (or a longer times as agreed by WAPC or as required to meet requirements of Section 48 of the EP Act), collates submissions on the proposed draft Local Planning Strategy and new Scheme, and prepares Schedule of Submissions.
Local Government considers all submissions and makes modifications to the proposed draft Local Planning Strategy and new Scheme if required.
In accordance with regulation 12B(3) of the Town Planning Regulations 1967.
Step 16
Report to Council on the Schedule of Submissions and any changes, recommending adoption of the final draft Local Planning Strategy and new Scheme.
In accordance with regulation 17 of the Town Planning Regulations 1967.
Council resolves to adopt the Local Planning Strategy and revised Scheme with or without modifications.
Council resolves to not proceed with adopting the Local Planning Strategy and revised Scheme.
Should Council resolve to adopt the Scheme, environmental conditions are to be incorporated in accordance with a statement received from the EPA in accordance with 48G(3) of the Environmental Protection Act 1986.
Step 17
Within 28 days of Council’s resolution, Local Government forwards the adopted Local Planning Strategy and new Scheme together with the Schedule of Submissions to the WAPC for
Notifies the WAPC. In accordance with:
• section 87 of the Planning and Development Act 2005.
• regulation 18 of the Town Planning Regulations 1967.
Local Planning Scheme Review Report
City of Bunbury 65 │ 112
Tasks Explanation
endorsement.
Step 18
WAPC considers the Schedule of Submissions along with the adopted Local Planning Strategy and new Scheme.
WAPC recommends that the Minister for Planning approves the Local Planning Strategy and new Scheme with or without further modifications.
WAPC recommends that the Minister does not approve the Local Planning Strategy and new Scheme without further modifications.
In accordance with regulation 19 and 20 of the Town Planning Regulations 1967.
Step 19
Where the Minister for Planning has:
• approved of a Scheme,
• refused to approve of a Scheme, or
• required the Local Government to modify the Scheme; then
WAPC notifies the Local Government of the approval, refusal or the required modifications to be made before approval is given.
In accordance with regulation 21 of the Town Planning Regulations 1967.
If the Minister considers that required modifications would be substantial the Local Government may be required to advertise the modification in the local press and invite submissions for a specified period of time - in accordance with Form No. 3A (Modification to Town Planning Scheme Available for Inspection) of Appendix A to the Town Planning Regulations 1967.
Step 20
If approved with or without final modifications, the Local Government is to forward within 42 days on to the WAPC the finalised Local Planning Strategy and Scheme (signed / sealed) for final approval.
If the Scheme is refused, the Local Government notifies each submitter of the Minister’s decision.
Local Planning Scheme Review Report
City of Bunbury 66 │ 112
Tasks Explanation
Step 21
Local Government publishes a notice of the Scheme’s endorsement in the Government Gazette (once) and local newspaper (once), and notifies each person that made a submission that the Scheme has been approved and whether or not it was modified in response to their submission.
In accordance with:
section 87(3) of the Planning and Development Act 2005; and
regulation 22 and 23 (Appendix A, Form No. 6 Advertisement of Approved Town Planning Scheme) of the Town Planning Regulations 1967.
Step 22
Local Government is to forward to the WAPC a certified copy of the endorsed Scheme for depositing with the Commission and the Minister for Planning.
In accordance with regulation 24 of the Town Planning Regulations 1967.
Community & Stakeholder Consultation Once the WAPC has granted permission, public notices will be placed in locally circulated newspapers and a copy of Council’s resolution and accompanying Local Planning Scheme Review Report will be referred to the EPA for its consideration with respect to the need for an Environmental Review pursuant to the Environmental Protection Act 1986. In accordance with both the Planning and Development Act 2005 and the Town Planning Regulations 1967, this Local Planning Scheme Review Report will also be referred to all other relevant State government agencies likely to be affected by the Scheme and adjoining local governments for their comment on any matters that should be considered during the preparation of the new Scheme. The next step in preparing the inaugural Local Planning Strategy and new Scheme, it is envisaged that Council will prepare a Local Planning Strategy: Discussion Paper, which will be a catalyst for deriving community input on the key directions for the land use planning of the City. That is, in simple terms how does the City’s community want Bunbury to physically look and feel like in the future and how can the Local Planning Policy Framework help all stakeholders in the City to achieve this. The concept of a Discussion Paper is standard practice in other states - where it has been recognised that major planning exercises such as scheme reviews should be initiated with community engagement from the outset, and not just tacked onto the end once the plan is drafted. In Queensland’s case a “Statement of Proposal” is a statutory requirement under that state’s Sustainable Planning Act 2009 that was introduced by the previous Integrated Planning Act 1998. In Bunbury’s context, the City has an adopted City Vision Strategy that provides us with the broad direction and goals that other local governments in the South West do not have the benefit of, and should therefore assist with the expediting of the Scheme review process. Therefore, it is intended that the Discussion Paper will be released as part of a community and stakeholder consultation programme that will run over the course of preparing the Local Planning Strategy and new Scheme. Feedback collected at key stages during the informal community consultation period will then be used to inform the new Scheme’s formulation, and will augment the formal statutory public consultation procedure that must be undertaken at the completion of the process with the finalisation of a draft Local Planning Strategy and revised Scheme.
Local Planning Scheme Review Report
City of Bunbury 67 │ 112
Council must take into account any submissions received during the formal public advertising period prior to final adoption of the proposed Local Planning Strategy and draft new Local Planning Scheme. The submissions, together with the scheme documentation and Council’s resolution, will then to be forwarded on to the WAPC for its endorsement and final approval by the Minister for Planning.
Local Planning Scheme Review Report
City of Bunbury 68 │ 112
Proposal Purpose of Scheme Review This Local Planning Scheme Review Report has been prepared for the purposes of effecting the initiation of a review of the City of Bunbury Town Planning Scheme No. 7 (TPS7), which was gazetted on 13 December 2002. The purpose of the Scheme is to:
(a) set out the Local Government’s planning aims and intentions for the Scheme area in accommodating projected growth;
(b) set aside land as reserves for public purposes;
(c) zone land within the Scheme area for the purposes defined in the Scheme;
(d) control and guide land use and development;
(e) set out procedures for the assessment and determination of planning applications;
(f) make provision for the administration and enforcement of the Scheme; and
(g) address other matters set out in Schedule 7 to the Planning and Development Act 2005. Intent of Scheme Review The intent of the Local Planning Strategy & Scheme Review Project is to:
• provide clarity of strategic land use planning intent and linkages between the Aims of the Scheme and aims-strategies-actions of the Local Planning Strategy;
• strengthen alignment with the State Planning Framework;
• ensure consistency with the MST as outlined in Appendix B of the Town Planning Regulations 1967; and
• confirm the Scheme’s currency. Whilst the undertaking of Scheme Amendment 30 (Region Scheme Compliance Omnibus Amendment) addressed Parts 1 to 3 of the Scheme Text, it did not change the stated “Aims of the Scheme”, as this amendment to TPS7 was intended to be policy neutral. However, with the formulation of the inaugural Local Planning Strategy as part of a comprehensively revised Scheme (as opposed to simply a consolidation of the existing Scheme), it can be expected that the “Aims of the Scheme” will need to be revised in order to better satisfy the defined vision and strategic planning goals for the City. Figure 12 below illustrates how the aims-strategies-actions for the Local Planning Strategy and the “Aims of the Scheme” (including zone objectives and general provisions) must be meaningfully aligned if they are to tangibly achieve the desired outcomes. Consequently, it can be expected that the development of the aims and the cascading objectives and provisions will necessarily be formulated with their potential to be feasibly measured over time by key performance indicators (KPI).
Local Planning Scheme Review Report
City of Bunbury 69 │ 112
Figure 12: Link between the Aims of the Scheme and aims-strategies-actions of the Local Planning Strategy.
Given that the Scheme functions as the core legal and administrative provisions for the implementation of the Local Planning Policy Framework, the revised Scheme can be expected to make a significant contribution in seeking to achieve more ecologically sustainable development outcomes for the City through the implementation of the principles of the State Planning Strategy. Therefore the general “Aims of the Scheme”, which are the strategic aims of the Local Planning Strategy, will generally be to:
• facilitate the implementation of the of the State Planning Framework (including the State Planning Strategy, State Planning Polices, Greater Bunbury Strategy and Greater Bunbury Region Scheme) in a manner that promotes a functional, compact and connected sub-region;
• encourage the implement the Local Planning Policy Framework to promote flexibility in balance with certainty of outcomes for:
� the public sector with regard to likely future needs of the City;
� the private sector in terms of future development opportunities and requirements; and
� the community in respect of how the effects of growth and change are managed;
• achieve a more sustainable, resilient and liveable built and natural environment for future generations through the assessment and classification of land and other resources on the basis of capability, equitability and suitability;
• provide for lifestyle and housing choice that promotes quality of life and sense of place with high levels of amenity;
• protect biodiversity and natural landscape values by promoting growth and development that maximises existing environmental qualities and minimises adverse environmental impacts;
NOW
HOW
WHERE
Local Planning Scheme Review Report
City of Bunbury 70 │ 112
Flexibility Certainty
Scheme
Decision Making
• conserve places of significant historic, visual, cultural, heritage or scientific value that enhance local character and identity;
• facilitate the supply of suitable and sufficiently serviced land for housing, employment and recreational opportunities;
• enable optimum use of land and other resources for productive activities that broaden the City’s economy whilst ensuring maintenance of public health and separation of incompatible or conflicting land uses;
• provide for a diverse and integrated network of open spaces catering for both active and passive recreation consistent with the needs of the community; and
• encourage the use of best practice land use planning and design processes and techniques that assist in the development of walkable and attractive built environments with high levels of accessibility:
� for neighbourhoods to places of employment, education and entertainment; and
� for commerce and industry to sources of labour, energy and materials. Outcomes of Scheme Review Anticipated Format of Scheme The anticipated format of the revised Scheme is to be consistent with the MST as outlined in Appendix B of the Town Planning Regulations 1967 (the “Regulations”). The new Local Planning Scheme will comprise of:
• the Scheme Text; and
• the Scheme Map (made up of 12 sheets drawn to a scale of 1:10,000). The rationale for the above statement is self explanatory and the reasons for why we have statutory Schemes and other subordinate planning instruments, like Local Planning Policies and structure plans, has been expanded upon at length from the beginning of this report. In spite of this, it can not be overstated that the test of a new Scheme’s success is not just that its format is laid out correctly (although that is important administratively), but it is in how well it performs as a tool for balancing our desires for both ‘certainty’ and ‘flexibility’. Ultimately, striking the right balance between theses sometimes competing aspirations is only possible if the Scheme is consistently implemented over time in an effective and accountable manner. As in theory and demonstrated in practice, it is only with both good rules and sound decision making that the notion of seeking to be more sustainable has any real meaning or hope of leading to tangible outcomes.
Local Planning Scheme Review Report
City of Bunbury 71 │ 112
Existing Scheme Lessons Learned The following points are a summary of the Local Planning Strategy & Scheme Review Project initiation workshop held in May 2011, which had the input of the City’s planning staff, its consultants39 and senior planning officers40 from the DoP. Fixes:
• Resolve the historical overreliance upon the relatively large number of ad hoc Special Use Zones that are inconsistently structured and worded, which is further evidence that the current Scheme has a poorly balanced spectrum of standard zones.
• Rationalise and standardise the remaining Special Use Zones to a minimum where practicable, particularly those that have principally a tourism function, in order to ensure consistency of format and content.
• Correct omissions, additions and modifications to the core legal provisions of the MST that have little or no real benefit to the Scheme as a statutory instrument (i.e. clauses that do not provide any planning or legal function other than for apparent information purposes, which should be dealt with as ‘notes’).
• Correct ambiguous and superfluous provisions that are additional to the standard clauses of the MST in Parts 4 and 5 of the Scheme.
• Resolve the inconsistency between the use class terms listed in the Zoning Table with the land use definitions listed under Schedule 1 - Dictionary of defined words and expressions.
• Correct wrongly numbered or erroneously sequenced clauses and schedules.
• Correct mistakes in spelling, grammar and punctuation.
• Address the lack of an “Additional Uses Schedule” (normally Schedule 2 under the MST).
• Address the lack of a “Restricted Uses Schedule” (normally Schedule 3 under the MST).
• Remove the inappropriate type of schedule listing the “Current Policies of the Scheme”, which places an unnecessary burden on the administering the Scheme (i.e. requiring an amendment every time a policy is added or rescinded).
• Resolve inconsistencies between the boundary of the “Scheme Area” and the Local Government’s municipal boundary, particularly in relation to the coastline (see Figure 13). This variation can also be compounded by variances with the extent of the regional reserve boundaries of the GBRS. Whilst this issue is not of material consequence in most instances (given that boundary variances occur across either the “Regional Open Space Reserve” or the “Waterways Reserve”) it is nevertheless acutely important when dealing with land affected by the Bunbury Waterfront Project (i.e. the Marlston waterfront precinct) where the coastline is proposed to be modified. Given that the land and waterways falling between these boundaries is not partly within an adjoining district, it is therefore believed that this matter can be resolved by the State government without necessitating a resolution of the local government to prepare a Scheme in accordance with regulation 4(2), (i.e. using Form No. 1A in Appendix A of the Town Planning Regulations 1967).
39 Mr Tony Shrapnel (Principle) of Shrapnel Urban Planning and Mr Chris O'Neill (Principal) of Chris O'Neill &
Associates. 40 Mr Neil Fraser (Manager Statutory Planning) and Mr Matt Cuthbert (Senior Project Planner) of South West Planning.
Local Planning Scheme Review Report
City of Bunbury 72 │ 112
Figure 13: Variances between the Scheme boundary and the Local Government boundary.
• The logic between a given level of permissibility with respect to satisfying a development standard or requirement is not always understood. The administration of the exiting Scheme has been problematic due to the fact that a number of the non-standard clause of the Scheme Text have proven to be ambiguous in their meaning or intent and therefore open to changing interpretation over time (i.e. not plain English). This has meant that the outcomes of the assessment of applications for planning approval against the Scheme have not always been sufficiently predictable (thus unduly creating unnecessary inefficiency and uncertainty through the appeal process). Therefore, non MST provisions concerning the exercising of discretion need to be revised in order for them to be more clearly and robustly interpreted and applied.
• A limited number of non-standard provisions may fail the criteria of what is considered to be an acceptable provision (refer to WAPC’s Planning Bulletin # 8 Town Planning Schemes Unacceptable Provisions).
Improves:
• Articulation of both a city-wide and placed based or local area specific guidance on long term planning and development. The City has had a history of applying a ‘precinct’ planning
Scheme Area boundary
Local Government boundary
Local Planning Scheme Review Report
City of Bunbury 73 │ 112
approach in its Bunbury Housing Strategy (1993)41 and the later City of Bunbury Housing Strategy (2001).42 This was replicated in Part IV of TPS6, which divided up the Scheme Area into “Policy Areas” as a precursor to the zone objectives and development controls. Each Policy Area of TPS6 was subject to a set of policy statements that related to the predominate use and strategy for future development of the Policy Area.
Whilst such an approach is no longer appropriate in the Scheme Text, since the introduction of the MST, the formulation of the Local Planning Strategy now provides an opportunity to more fully acknowledge that the various parts of the city have different physical characteristics and land use functions. Therefore, there is a sound rationale for expressing desired Local Area Planning43 outcomes to complement the city-wide aims-strategies-actions as envisaged on page 5 of the City Vision Action Plan (see Figure 14).
Figure 14: Preliminary Local Area Planning boundaries.
41 Bunbury Housing Strategy, prepared by Hocking Planning and Architecture on behalf of the City of Bunbury,
November 1993. 42 City of Bunbury Housing Strategy, prepared by SJB Planning and Urban Design in association with GHD Pty Ltd, July
2001. 43 Australian Local Government Association, 1993, A Guide to Integrated Local Area Planning.
Glen Iris - Moorlands Local Area
Pelican Point Local Area
Central Business District Local Area
Sandrige Park - Carey Park Local
Area
Davenport Local Area
Minninup - Usher Local Area
College Grove – Tuart Brook Local Area
South Bunbury - Mangles Local Area
Picton Local Area
Ocean Drive Local Area
Outer Business District Local Area
East Bunbury Local Area
Local Planning Scheme Review Report
City of Bunbury 74 │ 112
• The balance of zones is sub-optimal; in particular the absence of a true mixed use zone and the reliance upon a single commercial zone (spanning formerly general commercial through to light industry areas) that is potentially overly broad and may in part be failing to provide adequate guidance to the market place. Consequently, the Zoning Table and zone objectives need comprehensive review. Given the generally recognised indicators of a degree of dysfunction with the present zoning; it is therefore envisaged that a priority for the Scheme review will be to investigate the merits of the following:
� Introduction of a true mixed use zone (i.e. developments that integrate residential and other sympathetic uses in the same building) based on the lessons learnt from Scheme Amendment 42 to rezone Lots 73 to 81 Ward Street from “Residential Zone” with a residential density code of “R15” to “Special Use Zone 53 – Mixed Use” (R60), which was finally adopted by Council on 12 April 2011.
� Reintroduction of a general or non-centre based commercial zone over land currently included in the “Mixed Business Zone” (minus high impact conflicting land uses) in appropriate locations that have a commercial function but which adjoin sensitive uses such as housing - so as provide a better balance between promoting a diversity of commercial activities (employment opportunities) with ensuring adequate amenity for residential development adjacent to these areas.
� Differentiation of the various activity centres that are all presently included in a single “Shopping Centre Zone” into separate zones according to their level in the adopted activity centre hierarchy (e.g. “Local Centre Zone”, “District Centre Zone” and “City Centre Zone”) in accordance with the WAPC’s Model Scheme Text Guidelines (July 2000).
� Consolidation of specific singe use class zones (e.g. “Service Station Zone”) into the most appropriate standard zone based upon adjoining land uses and the predominate surrounding zone where practicable and appropriate. This may result in service stations being treated as a permissible ‘use class’ within certain non-residential zones, or alternatively as an “Additional Use” where this cannot be accommodated within existing locations.
� The future of existing “Rural Zone” land with regard to its potential for reallocated where appropriate into the most appropriate zone which best fits surrounding development patterns, including neighbouring local government areas.
� Appropriately situated and developed land presently included in the “Residential Zone” could be included in the “City Centre Zone” subject to the defining of an agreed boundary to the CBD.
� Consolidation and alignment of the “Mixed Business” and “Industry Zone” boundaries with the GBRS in accordance with the State Planning Framework. Some guidance can be gleaned form the WAPC’s Industry 2030 Greater Bunbury Industrial land and Port Access Planning (2000) report, which was intended to identify the major industrial areas in the Bunbury region up until the year 2030; however, the information contained in this report is now dated or is no longer relevant due to either evolution in industry needs and practices or subsequent land use planning infrastructure decisions.
• In seeking to tangibly achieve the Aims of the Scheme, the review should examine the Zoning Table in light of the ultimate palate of zones in terms of defining the most appropriate mix/set of use classes that functionally aligns with the respective zone objectives.
• Buffering to the Bunbury Port Authority’s Inner Harbour area, which may necessitate the establishment of a Special Control Area to assist with implementation of appropriate consideration of noise attenuation in new buildings (i.e. sensitive uses such as residential dwellings, etc). A relevant example being Schedule 13 of the City of Fremantle Local Planning Scheme No. 4, which prescribes the Fremantle Ports Inner Harbour Development Referral Areas.
• Schedule 9 dealing with Exempted Advertisements may require detailed review in light of the implications following on from the recommendations made in Report 28: Joint Standing
Local Planning Scheme Review Report
City of Bunbury 75 │ 112
Committee on Delegated Legislation: Local Laws Regulating Signs and Advertising in Devices (April 2009).
A review of this Schedule was not included in the scope of Scheme Amendment 54, which dealt with clause 8.2 of the Scheme Text regarding “Permitted Development” (i.e. not requiring an application for planning approval to permit the development and use of land). This amendment changed clause 8.2(e) accordingly:
(e) the erection or displaying of signage which shall be subject to the provisions of Council's local laws unless otherwise specified;
(e) any of the exempted classes of advertisements listed in Schedule 9 except in respect of a place included in the Heritage List or in a Heritage Area;
• The Scheme’s present layout of “Primary Distributor Road Reserve”, “District Distributor Road Reserve”, “Local Distributor Road Reserve” and “Access Road Reserve” pre-dated the GBRS. Even with the consequential amendments caused by the GBRS to introduce “Primary Regional Roads Reserve” and “Other Regional Roads Reserve”, the local road hierarchy does not optimally reflect constructed road functioning and connectivity (e.g. Strickland Street is not connected from Spencer Street to Blair Street).
Sustains:
• With Scheme Amendment 30 being gazetted, the remaining standard clauses in Parts 4 to 11 of the Scheme Text are based on the MST, but with some residual variances (e.g. missing Schedules).
• The current ‘Aims of the Scheme’ largely fulfil their stated objective. However, the achievement of the aims is restricted to a large extent by the absence of an overarching Local Planning Strategy. The aims were applicable to intent of the Council at the time and generally the focus of planning state-wide. However, this perspective has shifted to provide a greater focus on strategic directions, which must be reflected in a revised set of triple bottom line based aims.
• The wording of many provisions (particularly non MST under Parts 4 and 5) give the ability to apply discretion, albeit with some degree of ambiguity.
• The procedure for formulating, adopting and rescinding local Structure Plans and Detailed Area Plans was revised through Scheme Amendment 44; and hence, TPS7 is now more consistent with contemporary Local Planning Schemes in Western Australia. However, changes to the MST may result in further refinements to these standard provisions as a result of the State government’s future gazettal of its General Provisions for Local Planning Schemes Regulations that is currently being prepared.
Separate to the new Regulations, the WAPC has recently released for public consultation the Draft Structure Plan Preparation Guidelines (August 2011) and accompanying Draft Structure Plan Digital Data & Mapping Standards (August 2011). The stated aim of the Draft Structure Plan Preparation Guidelines is to standardise the terminology and hierarchy of structure plans and provide assistance and guidance on the format and content of structure plans. Regardless of the stated aim, it can be assumed that the more fundamentally underlying intent of these reforms is to overcome perceived blockages to housing land supply caused by inconstancies in the content and format of structure plans, and resulting delays in the statutory procedure due to multiple approval processes by different agencies and proposals being incomplete and/or of poor design. Given that the revised Part 6 of TPS7 is consistent with Planning Bulletin # 37, it is believed that the new Regulations will have minimal affect on the Scheme review. Furthermore, it is anticipated that the new Guidelines could make a positive contribution that reinforces the City’s current efforts to improve the quality of its own local structure planning process and instruments (e.g. Glen Iris and Moorlands).
Local Planning Scheme Review Report
City of Bunbury 76 │ 112
Emerging Issues & Trends In March 2010, the City of Bunbury undertook the task of collating and reviewing existing and anticipated statutory or non-statutory literature (e.g. legislation, bills, policies, studies and reports, etc) so as to gain a fuller awareness and appreciation of the roles and responsibilities of local government in the context of meeting its obligations under relevant legislation and policy and to also identify any emerging issues not yet identified. This task provided a valuable opportunity for the City of Bunbury to address a number of environmental management issues that include, but are not limited to, clarifying the City’s responsibilities in the context of environmental policy and law and establishing the City’s future direction in regard to:
(a) land use planning in the context of environmental management and ecological sustainability; and
(b) future directions in the context of environmental management. Annex 1 provides the conclusion and recommendations extracted from the full report titled the Local Planning Strategy for Environmental Assets & Natural Resources: Legislation and Policy Review Project Research Findings, prepared by Ms Angela Satre for the City of Bunbury, March 2010. In summary, it can be appreciated from reading the report that the scope of the Local Planning Strategy in particular, if not also the Scheme, will need to encompass a broad range of issues that have not historically been considered as land use planning matters by many in this state. These include but are not limited to the following emergent and increasingly interconnected issues:
• climate change mitigation and adaptation;
• emergency management (e.g. bush fires, flooding, etc);
• environmental management and biodiversity conservation;
• energy efficiency;
• water resource management;
• extractive resource security;
• integrated transportation (i.e. public, freight, and alternative modes of transport);
• social infrastructure (e.g. cultural, recreational, health and educational facilities);
• economic diversity and/or specialisation (both employment opportunities and industry needs);
• acid sulfate soils and contaminated sites management;
• cultural heritage (both pre and post colonisation) conservation;
• biosecurity and agriculture management;
• public health and wellbeing;
• community safety and crime prevention;
• liquor licensing; and
• licensed brothels; etcetera.
Local Planning Scheme Review Report
City of Bunbury 77 │ 112
Drafting Principles for Scheme Text The following drafting principles are anticipated to be used to guide decision-making for the formulation of provisions in the draft City of Bunbury Planning Scheme No. 8 (LPS8) - Scheme Text:44
1. Statutory Basis: Does an appropriate statutory provision (“head of power”) support it?
2. Legal Foundation: Does a relevant legal principle (“precedent”) support it?
3. Application & Enforcement: Can it be consistently applied and enforced, and what are the operational (time/resource) commitment, cost and risk implications?
4. Value Adding: Does it create or add value to the end product (procedure, process or outcome)?
5. Clarity: Does it avoid ambiguity or duplication, and is it consistent with corporate and strategic priorities?
6. Feasibility: Is it fiscally and technically feasible or practicable, and is it compatible with other operational requirements and/or responsibilities?
7. Decision Making: Does it provide a clear basis for decision-making, and are the criteria/assumptions on which discretionary powers or decisions are based clearly stated?
8. Role of Local Government: Is the role of Local Government relative to other agencies clearly prescribed, and is it consistent with corporate and/or statutory obligations?
9. Capacity to Implement: Does the City have the capacity to implement the requirements in terms of its available resources and expertise?
10. Community Expectations: Does it create a realistic community expectation of the City in terms of the decisions that may be made or outcomes to be achieved?
Drafting Principles for Scheme Map It is anticipated that the following drafting principles will be used in a holistic manner as a guide to decision-making for the allocation of zones and reservations to the draft LPS8 - Scheme Map:
1. Maintenance of the current zoning of land should be respected and carried over to the revised Scheme Map, with down-zoning to be considered only in accordance with the Region Planning Scheme (i.e. GBRS).
44 As a guide the Relevancy, Efficacy and Veracity Test should be satisfied before proposing, drafting or adopting any
new planning instrument (adapted from Philip St John, pers com, 2006, unpublished).
Local Planning Scheme Review Report
City of Bunbury 78 │ 112
2. Obsolete or use class specific zones that do not reflect contemporary practice or do not meet community and industry needs should be replaced with a commensurate zone under the MST.
3. Street alignments are to be avoided as land use boundaries – instead mid block / rear boundary cadastral boundaries should be utilised where practicable.
4. The potential for land use conflict is to be avoided between:
• industry / mixed business and sensitive land uses such as residential in order to minimise public health risks,
• high impact uses and areas of high ecologically and/or culturally value,
• high and low residential density areas, and
• intensive community activities and residential uses;
by using appropriate land use and open space buffers where possible.
5. Activity centre based commercial zoning should be proportionate to the adopted activity centre hierarchy both locally and regionally. Therefore, any expansion of an activity centre’s zone should avoid the potential for significant increases in retail floor space unless the site is obviously constrained and a justifiable unmet demand exists that is commensurate with the site’s designation in the hierarchy of activity centres.
6. Allocation of a more mixed use zoning should be considered in locations that poses a critical majority of the following urban attributes or functions:
• immediately around and in close to activity centres (using 400 metre and 800 metre ped shed distances as a guide);
• along activity corridors (incorporating main street principles of mixed uses in low speed traffic environments that are of good amenity and well serviced by public transport);
• suitable for redevelopment of older industrial and mixed business areas into mixed use precincts;
• immediately around and in close proximity to regional services and infrastructure, and
• on water fronts to the ocean and the harbour/inlet where located within walkable catchment (ped shed) distance of activity centres and serviced by adequate public open space and community infrastructure services, subject to mitigation of land use conflicts and risks associated with sea level rise.
7. Consideration of the potential for increasing the extent and/or intensity of non-activity centre based commercial zoning (i.e. intensifying uses and scale of development outside of centres) should only be given in areas that have a demonstrated need and the opportunity to capitalise on the consolidation of existing infrastructure and established or emerging nodes / clusters of allied industries, and which are in close proximity to activity centres and transport facilities.
8. Land with isolated spot zonings, special use zones or additional uses should be rationalised into the predominate surrounding zone where practicable and appropriate.
Local Planning Scheme Review Report
City of Bunbury 79 │ 112
9. Unzoned land (e.g. coloured white due to lifting of a reserve) should be placed into the predominate surrounding zone or most appropriate reserve based on its ultimate intended purpose.
10. Local reserves should be substituted with that of a more appropriate reserve or zone, in accordance with its ultimate intended purpose, where this has been determined and is at variance with its present reservation status.
Local Planning Scheme Review Report
City of Bunbury 80 │ 112
Conclusion & Recommendations Conclusion Town Planning Scheme No. 7 has been in operation for nine years and must now be reviewed. In its time of operation the Scheme has been subject to over 50 amendments, and while it has largely fulfilled its stated objectives, it is not envisaged that the Scheme will be able to adequately accommodate future growth of the City nor cope with the expected changes facing it. The ultimate test of the inaugural Local Planning Strategy and new Scheme (in concert with the rest of the Local Planning Policy Framework) is to make the right balance and trade-offs that result in a more sustainable and resilient City over the longer term. The brief for the Local Planning Strategy & Scheme Review Project is to come up with a plan that achieves the desired environmental and developmental outcomes for a city that is experiencing and dealing with increasingly complex drivers of change (e.g. population growth, rising energy costs, climate change, shifting market forces, etc). This may mean for example that historical patterns of development and traditional planning solutions may not be adequate to cope with changing conditions into the future. Because Bunbury has experienced most of its growth since the 1950’s, it has been the conventional planning theories and models that have been applied through Town Planning Schemes 5 and 6 that have fundamentally influenced the way Bunbury is designed and works. These Schemes were based on conventional models of planning that have upheld the separation of land uses in an attempt to avoid land use conflict between residential and employment activities, but did so at the expense of the City’s walk-ability and efficiency of transport networks. Town Planning Scheme 7 attempted to promote greater land use diversity and integration by rationalising the various commercial and industrial zones of previous Schemes into a limited number of zones, but in doing so was at the expense of traditional main streets and neighbourhood centres (e.g. the corner stores) and caused the need for numerous ad hoc special use zones. In conclusion, with a less predictable future than when Town Planning Schemes 1 through to 7 were drafted, it is recommended that Bunbury’s new Local Planning Policy Framework will need to incorporate the lessons learnt from its own past and the emerging practice of adaptive management approaches nationally and internationally if it is to derive local solutions that are appropriate to its circumstances (i.e. a more ‘enlightened modelling though’ approach) that meaningfully secures a productive and liveable future and in particular if it is to achieve its aspirations. Therefore, it is requested that the Commission grant exemption from the provisions of section 89 and 90 of the Planning and Development Act 2005, and instead authorises the initiation of a Scheme review procedure pursuant to section 88(3) of the Act in light of this report. This course of action would then allay the need to undertake the Scheme consolidation procedure, with its superfluous requirement to invite submissions from the public on the effectiveness and/or the need for the making of a new scheme. Recommendations The City would like to take this opportunity to create a new Scheme that maintains the City’s current strengths while addressing the perceived problems with the current Scheme, in order to guide and influence the future development of the City of Bunbury in an efficient, innovative and sustainable manner. Hence, the following recommendations are made with respect to progressing a review of the City of Bunbury Town Planning Scheme No. 7:
A. The Local Government, in accordance with section 72 and 88(3) of the Planning and
Local Planning Scheme Review Report
City of Bunbury 81 │ 112
Development Act 2005 and regulation 4 of the Town Planning Regulations 1967, initiates a review of the existing Scheme by resolving to prepare a new Scheme and a Local Planning Strategy.
B. The WAPC to be advised of Council’s decision, and a copy of Council’s resolution and the Local Planning Scheme Review Report, to be submitted to the Commission for its consideration to permit the public advertising of the resolution deciding to prepare a Local Planning Scheme in accordance with Form No. 1 of Appendix A to the Town Planning Regulations 1967.
C. Subject to the granting of permission by the WAPC, the notice of the passing by the Local Government of that resolution to be published once in the Government Gazette and also once in a newspaper circulating in the City of Bunbury, in accordance with Form No. 2 of Appendix A to the Town Planning Regulations 1967.
D. In accordance with regulation 5 of the Town Planning Regulations 1967, a copy of the notice and the Local Planning Scheme Review Report to be referred to the EPA and all other relevant public authorities and adjoining local governments for their consideration and comment so as to inform the preparation of the Local Planning Strategy and revised Scheme.
E. Following public advertising of the Form No. 1 and the Local Planning Scheme Review Report for information purposes, undertake the preparation of the new Scheme and inaugural Local Planning Strategy in accordance with the procedure set out in the Planning and Development Act 2005 and Town Planning Regulations 1967.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
82 │
112
Annex 1
Ext
ract
from
Lo
cal
Pla
nnin
g S
trat
egy
for
Env
ironm
enta
l A
sset
s an
d N
atur
al
Res
ourc
es:
Legi
slat
ion
and
Pol
icy
Rev
iew
Pro
ject
Res
earc
h Fi
ndin
gs
Pre
pare
d by
Ms
Ang
ela
Sat
re fo
r th
e C
ity o
f Bun
bury
, Mar
ch 2
010.
C
oncl
usio
n an
d R
ecom
men
datio
ns
The
proj
ect s
cope
req
uire
d th
e re
sear
ch to
det
erm
ine
the
CoB
’s r
oles
and
res
pons
ibili
ties
in th
e co
ntex
t of e
nviro
nmen
tal l
egis
latio
n an
d po
licy
and
to
iden
tify
emer
ging
issu
es in
this
fiel
d. I
n th
is r
egar
d th
e re
sear
ch p
rovi
des
a re
view
of:
•
Inte
rnat
iona
l, S
tate
and
Com
mon
wea
lth e
nviro
nmen
t pol
icy;
•
Com
mon
wea
lth e
nviro
nmen
t law
;
•
WA
’s S
tate
env
ironm
ent l
aw;
•
Env
ironm
enta
l leg
isla
tive
resp
onsi
bilit
ies
of L
GA
’s in
WA
;
•
WA
’s S
tate
and
reg
iona
l pla
nnin
g po
licie
s as
they
rel
ate
to th
e na
tura
l env
ironm
ent;
•
Em
ergi
ng is
sues
/ tr
ends
for
the
CO
B in
the
cont
ext o
f env
ironm
ent l
aw a
nd p
olic
y.
The
outc
omes
of
the
rese
arch
as
they
rel
ate
to t
he C
OB
’s r
oles
and
res
pons
ibili
ties
are
the
basi
s of
sta
tuto
ry a
nd n
on-s
tatu
tory
rec
omm
enda
tions
to
war
d th
e pr
epar
atio
n of
the
LPS
for
Env
ironm
enta
l Ass
ets
and
Nat
ural
Res
ourc
es.
Firs
tly, t
he r
ecom
men
datio
ns a
re b
ased
on
key
issu
es th
at h
ave
been
iden
tifie
d fr
om a
cros
s al
l the
pro
ject
sco
pe r
esea
rch
outc
omes
. Key Issues from the Research
The
rese
arch
has
ide
ntifi
ed a
sm
all
num
ber
of k
ey i
ssue
s th
at a
re o
f m
ost
rele
vanc
e to
the
LP
S a
nd a
re t
he s
ubje
ct o
f bo
th s
tatu
tory
and
non
-st
atut
ory
reco
mm
enda
tions
. Th
ese
issu
es a
re:
•
The
role
of L
GA
’s in
clim
ate
chan
ge a
dapt
atio
n;
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
83 │
112
‘It i
s co
ncei
vabl
e th
at t
he r
estr
ictio
n, i
nten
tiona
l or
ot
herw
ise,
of
ris
k in
form
atio
n fr
om
an
indi
vidu
al c
once
rnin
g kn
own
or p
redi
cted
clim
ate
chan
ge r
isks
, th
at c
ould
inf
luen
ce a
pur
chas
e,
deve
lopm
ent
or
lifes
tyle
ch
oice
co
uld
open
fu
rthe
r is
sues
of
lia
bilit
y on
be
half
of
the
auth
ority
res
pons
ible
for
the
inf
orm
atio
n’ (
ICA
20
08 o
nlin
e p7
).
“…Lo
cal g
over
nmen
t ar
eas
(LG
A)
of B
usse
lton,
M
andu
rah,
Roc
king
ham
and
Bun
bury
hav
e th
e hi
ghes
t le
vel
of
risk,
co
llect
ivel
y re
pres
entin
g ov
er 6
0 pe
r ce
nt o
f res
iden
tial b
uild
ings
at r
isk
in
Wes
tern
Aus
tral
ia…
” (D
CC
c 20
09 o
nlin
e p1
15).
“In
2005
th
e co
astli
ne
betw
een
Bun
bury
&
M
andu
rah
was
al
so
iden
tifie
d as
‘m
ost
vuln
erab
le’
to c
oast
al e
rosi
on a
nd ‘
…[s
]ea-
leve
l ris
e m
ay
also
ca
use
eros
ion
betw
een
Cap
e N
atur
alis
te
and
Bun
bury
, pa
rtic
ular
ly
in
the
area
s su
rrou
ndin
g B
unbu
ry
and
Bus
selto
n…”
(DC
Cc
2009
onl
ine
p118
).
•
The
role
of l
ocal
bio
dive
rsity
str
ateg
ies
and
biod
iver
sity
pro
tect
ion;
•
The
role
of L
GA
’s a
nd th
e LP
S in
wat
er m
anag
emen
t;
•
The
role
of L
PS
in fi
re m
anag
emen
t; an
d
•
The
role
of l
and
use
plan
ning
in e
nviro
nmen
tal p
rote
ctio
n.
In th
e fir
st in
stan
ce, t
he r
esea
rch
has
high
light
ed th
e in
tegr
al r
ole
of L
GA
’s in
clim
ate
chan
ge a
dapt
atio
n.
Climate Change Adaptation and LGA’s
The
prin
cipa
l nat
iona
l gui
de f
or c
limat
e ch
ange
ada
ptat
ion
is t
he F
eder
al D
epar
tmen
t of
Clim
ate
Cha
nge’
s fir
st p
ass
natio
nal a
sses
smen
t of
Clim
ate
Cha
nge
Ris
ks to
Aus
tralia
’s C
oast
(re
leas
ed N
ov 2
009)
. Th
e na
tiona
l ass
essm
ent r
ecog
nise
s an
d st
ates
that
ther
e is
a n
eed
for
early
nat
iona
l act
ion
on c
oast
al a
dapt
atio
n to
redu
ce c
limat
e ch
ange
ris
k an
d m
inim
ise
coas
tal i
mpa
cts.
Th
is le
vel o
f nat
iona
l act
ion
is n
eces
sary
giv
en th
e fo
llow
ing
fact
ors:
•
Ther
e is
a le
vel o
f clim
ate
chan
ge th
at is
now
des
crib
ed a
s ‘lo
cked
in’ o
r ‘u
navo
idab
le’ t
hat i
n sp
ite
of t
he m
ost
aggr
essi
ve g
reen
hous
e re
duct
ion
stra
tegi
es a
nd m
itiga
tion
mea
sure
s th
ere
are
pred
icte
d in
crea
ses
in e
xtre
me
wea
ther
eve
nts
and
natu
ral
disa
ster
s in
add
ition
to
Aus
tral
ia’s
ex
istin
g w
eath
er e
xtre
mes
(IC
A 2
008
onlin
e).
•
Ther
e is
a r
eal
and
prac
tical
nee
d in
Aus
tral
ia t
o ta
ke a
ctio
n on
coa
stal
ada
ptat
ion.
M
ore
than
90
% o
f th
e A
ustr
alia
n po
pula
tion
lives
in t
he c
ities
and
urb
aniz
ed c
oast
s th
at a
re t
hrea
tene
d by
cl
imat
e ch
ange
impa
cts.
•
The
natio
nal
asse
ssm
ent
high
light
s th
e pa
rtic
ular
vul
nera
bilit
y of
Bun
bury
to
clim
ate
chan
ge
impa
cts.
Tw
enty
fou
r pe
rcen
t of
res
iden
tial b
uild
ings
in B
unbu
ry a
re id
entif
ied
as b
eing
at
risk
of
inun
datio
n fr
om s
ea le
vel r
ise
by 2
100
(DC
Cc
2009
onl
ine
p117
).
•
Ther
e ar
e lia
bilit
y im
plic
atio
ns t
o de
cisi
on m
aker
s of
not
info
rmin
g th
e pu
blic
of
pred
icte
d cl
imat
e ch
ange
ris
ks.
Ris
k di
sclo
sure
& d
isse
min
atin
g ris
k an
d pr
edic
tive
data
to
the
com
mun
ity a
llow
s co
mm
unity
mem
bers
to m
ake
thei
r ow
n ris
k as
sess
men
ts.
The
natio
nal a
sses
smen
t rec
ogni
ses
the
need
for
natio
nal a
ctio
n on
coa
stal
ada
ptat
ion
for:
•
Nat
ural
eco
syst
ems
to b
uffe
r co
mm
uniti
es fr
om c
hang
es in
sea
leve
l; an
d
•
The
built
env
ironm
ent b
ased
on:
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
84 │
112
“Loc
al
gove
rnm
ents
ha
ve
a ke
y ro
le
in
man
agin
g an
d re
spon
ding
to
th
e im
pact
s of
cl
imat
e ch
ange
giv
en t
he p
hysi
cal
and
soci
o-ec
onom
ic d
iver
sity
of
the
land
scap
e, d
iffer
ent
area
s w
ithin
the
reg
ion
are
likel
y to
be
affe
cted
in
di
ffere
nt
way
s.
E
ach
loca
l go
vern
men
t is
lik
ely
to
expe
rienc
e un
ique
m
anag
emen
t ch
alle
nges
th
at
aris
e fro
m
the
loca
l co
ntex
t”
(CS
IRO
200
9 on
line)
.
“LG
A’s
ap
prov
es
deve
lopm
ent
and
the
Sta
te
sets
po
licie
s,
how
ever
, no
on
e ha
s ta
ken
resp
onsi
bilit
y at
thi
s st
age
for
and
ther
e ar
e no
cl
ear
polic
y or
pos
ition
sta
tem
ents
that
app
ear
to
have
bee
n m
ade
with
reg
ard
to c
limat
e ch
ange
lia
bilit
ies”
(N
. B
oegl
20
09,
pers
. co
mm
., 28
A
ugus
t).
�
plan
ned
retr
eat;
�
acco
mm
odat
ing
the
impa
cts;
and
�
prot
ectio
n th
roug
h bu
ildin
g pr
otec
tive
stru
ctur
es.
As
desc
ribed
in
th
e na
tiona
l as
sess
men
t, cl
imat
e ch
ange
ad
apta
tion
part
icul
arly
fo
r th
e bu
ilt
envi
ronm
ent r
elie
s on
:
•
Reg
iona
l ris
k as
sess
men
t;
•
Em
erge
ncy
man
agem
ent;
•
Land
use
pla
nnin
g;
•
Bui
ldin
g co
des;
and
•
Plu
mbi
ng, c
onst
ruct
ion
and
engi
neer
ing
spec
ifica
tions
. P
lann
ing
and
build
ing
cont
rols
and
em
erge
ncy
man
agem
ent
are
adm
inis
tere
d by
LG
A’s
, th
eref
ore,
LG
A’s
hav
e a
key
role
in
clim
ate
chan
ge a
dapt
atio
n.
It is
the
Sta
te’s
rol
e ho
wev
er t
o es
tabl
ish
plan
ning
and
bui
ldin
g fr
amew
orks
alo
ng w
ith c
oast
al m
anag
emen
t in
ord
er t
o gu
ide
LGA
’s i
n th
is
rega
rd.
Yet
it
is c
lear
, fr
om t
he n
atio
nal
asse
ssm
ent
to i
ndiv
idua
ls i
nter
view
ed,
that
the
Sta
te’s
re
spon
se t
o cl
imat
e ch
ange
ada
ptat
ion
has
been
inco
nsis
tent
and
unc
oord
inat
ed.
In
WA
the
Sta
te
has
faile
d to
tak
e re
spon
sibi
lity
and
has
faile
d to
pro
vide
str
ateg
ic d
irect
ion
on c
limat
e ch
ange
ad
apta
tion.
It
is i
n th
is e
nviro
nmen
t, co
uple
d w
ith e
xist
ing
limita
tions
, th
at L
GA
’s e
xper
ienc
e ba
rrie
rs t
o cl
imat
e ch
ange
ada
ptat
ion.
LG
A’s
hav
e lim
ited
envi
ronm
enta
l exp
ertis
e an
d th
ere
is li
ttle
men
tion
of c
limat
e ch
ange
in le
gisl
atio
n to
gui
de L
GA
’s (
DC
Cc
2009
onl
ine
p139
). W
ith r
egar
d to
WA
Sta
te
plan
ning
pol
icy,
the
mos
t res
pons
ibili
ty ta
ken
by th
e S
tate
for m
anag
ing
clim
ate
chan
ge is
pro
vide
d in
WA
PC
DC
Pol
icy
6.1
Cou
ntry
Coa
stal
Pla
nnin
g.
DC
Pol
icy
6.1
stat
es,
rega
rdin
g th
e fin
anci
al c
osts
of
igno
ring
envi
ronm
enta
l pro
cess
es,
that
‘…it
is t
he S
tate
Gov
ernm
ent’s
res
pons
ibili
ty t
o re
duce
th
ese
cost
s an
d th
e ul
timat
e bu
rden
on
the
taxp
ayer
, th
roug
h w
ise
use
of l
and…
’. D
C P
olic
y 6.
1 w
as a
dopt
ed i
n 19
98 a
nd i
s pr
evai
led
upon
by
WA
PC
SP
P 2
.6 w
hich
is u
nder
rev
iew
. Th
e re
view
ed S
PP
2.6
Coa
stal
Pla
nnin
g is
not
exp
ecte
d to
pro
vide
any
gre
ater
gui
danc
e to
LG
A’s
or
invo
lve
sign
ifica
nt a
men
dmen
ts th
at w
ould
ref
lect
mor
e re
spon
sibi
lity
from
the
Sta
te o
r im
prov
ed s
trat
egic
dire
ctio
n on
clim
ate
chan
ge.
As
wel
l, th
e er
rors
and
var
ying
out
com
es o
f pre
dict
ive
mod
ellin
g an
d cl
imat
e ch
ange
dat
a ha
ve m
ade
it di
fficu
lt fo
r co
mm
uniti
es a
nd L
GA
’s to
con
fron
t cl
imat
e ch
ange
ris
ks a
nd a
dopt
app
ropr
iate
res
pons
e m
easu
res.
A
s a
resu
lt, th
e ap
proa
ches
by
LGA
’s t
o cl
imat
e ch
ange
are
des
crib
ed a
s in
cons
iste
nt a
nd u
ncoo
rdin
ated
. C
limat
e ch
ange
ada
ptat
ion
has
been
left
to th
e di
scre
tion
of th
e LG
A’s
and
it is
a m
atte
r fo
r th
e C
OB
to d
eter
min
e ho
w th
ey w
ill r
espo
nd to
the
outc
omes
of
the
natio
nal a
sses
smen
t and
this
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
85 │
112
rese
arch
. H
owev
er,
with
mou
ntin
g ev
iden
ce o
f cl
imat
e ch
ange
and
its
impl
icat
ions
to
coas
tal l
andf
orm
, bi
odiv
ersi
ty,
prop
erty
and
infr
astr
uctu
re it
is
cons
ider
ed a
lmos
t im
poss
ible
for
the
CO
B to
not
res
pond
in s
ome
form
. W
hile
not
a s
tatu
tory
req
uire
men
t, th
e C
OB
is r
ecom
men
ded
to in
corp
orat
e cl
imat
e ch
ange
ada
ptat
ion
as p
art o
f a c
oast
al p
lann
ing
stra
tegy
, or
as a
n in
depe
nden
t stu
dy, t
o in
form
the
LPS
revi
ew.
In th
is r
egar
d th
e C
OB
has
a n
umbe
r of
clim
ate
chan
ge a
dapt
atio
n to
ols
or g
uide
s av
aila
ble:
•
Ther
e ar
e a
num
ber
of e
xam
ples
in
the
rese
arch
of
LGA
’s i
n A
ustr
alia
tha
t ha
ve d
evel
oped
str
ateg
ies,
sch
eme
prov
isio
ns,
polic
ies
and/
or
guid
elin
es f
or c
limat
e ch
ange
ada
ptat
ion.
Th
ese
exam
ples
can
be
used
to g
uide
dev
elop
men
t of
a c
limat
e ch
ange
ada
ptat
ion
fram
ewor
k fo
r th
e C
OB
.
•
The
AN
UG
A M
odel
can
be
used
to a
sses
s ris
k an
d co
nsid
er m
itiga
tion
optio
ns.
•
The
DoW
’s d
igita
l ter
rain
mod
el c
an b
e us
ed fo
r ca
tchm
ent m
odel
ling
for t
he d
evel
opm
ent o
f wat
er m
anag
emen
t str
ateg
ies.
•
The
DP
& D
oT’s
coa
stal
vul
nera
bilit
y as
sess
men
t of
the
impa
cts
of s
ea le
vel r
ise
on t
he c
oast
can
be
used
for
mod
ellin
g an
d to
iden
tify
area
s at
ris
k fr
om e
xtre
me
wea
ther
eve
nts.
•
The
revi
ewed
SP
P2.
6 C
oast
al P
lann
ing
will
pro
vide
upd
ated
sea
leve
l ris
e fig
ures
.
•
WA
LGA
hav
e av
aila
ble
a w
eb b
ased
clim
ate
chan
ge m
anag
emen
t too
l kit.
•
WA
LGA
als
o ha
ve a
vaila
ble
a cl
imat
e ch
ange
tem
plat
e po
licy.
•
ICLE
I als
o pr
ovid
e a
LGA
clim
ate
chan
ge a
dapt
atio
n to
olki
t. A
noth
er k
ey is
sue
evid
ent f
rom
the
rese
arch
is th
e in
tegr
al r
ole
of th
e lo
cal b
iodi
vers
ity s
trat
egy
to b
iodi
vers
ity p
rote
ctio
n.
Biodiversity Protection and Local Biodiversity Strategies
Aus
tral
ia’s
inte
rnat
iona
l com
mitm
ents
, na
tiona
l str
ateg
ies
and
WA
EP
A g
uide
lines
(B
ulle
tin 1
108,
EP
B8,
PS
2 &
GS
33)
dem
onst
rate
tha
t bi
odiv
ersi
ty
prot
ectio
n re
lies
on:
•
Lim
itatio
ns to
veg
etat
ion
clea
ring;
•
Ach
ievi
ng th
e na
tiona
l tar
get f
or re
tent
ion
of 3
0% o
f veg
etat
ion
type
s;
•
Iden
tifyi
ng a
nd p
rote
ctin
g re
gion
ally
and
loca
lly s
igni
fican
t veg
etat
ion
and
corr
idor
s; a
nd
•
Pro
tect
ing
sign
ifica
nt v
eget
atio
n an
d co
rrid
ors
thro
ugh
a re
gion
al/d
istr
ict c
onse
rvat
ion
stra
tegy
that
is r
efle
cted
in th
e LP
S a
nd s
chem
e.
Nei
ther
the
EP
A n
or W
AP
C h
owev
er p
rovi
de a
sta
tuto
ry fr
amew
ork
to e
ntire
ly r
ealis
e bi
odiv
ersi
ty p
rote
ctio
n.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
86 │
112
The
Env
iroP
lann
ing
Dire
ctio
ns P
aper
sta
tes
that
bio
dive
rsity
, lim
itatio
ns o
n ve
geta
tion
clea
ring,
pro
tect
ion
of h
abita
t an
d pr
eser
vatio
n of
eco
logi
cal
corr
idor
s ar
e m
atte
rs th
at a
re a
ddre
ssed
thro
ugh
a nu
mbe
r of
SP
P’s
, DC
3.4
and
Pla
nnin
g B
ulle
tin 6
9 (W
AP
C 2
009
onlin
e p8
8).
The
effe
ctiv
enes
s of
th
ese
plan
ning
inst
rum
ents
in a
ddre
ssin
g th
ese
envi
ronm
enta
l pro
tect
ion
mat
ters
for t
he C
OB
is e
xplo
red
in th
e fo
llow
ing
tabl
e.
State Planning Policy
Statutory Implications
Biodiversity Protection
SP
P2
- E
nviro
nmen
tal
& N
atur
al R
esou
rces
P
olic
y S
5.5
SP
P2.
8 D
raft
Bus
hlan
d P
olic
y fo
r th
e P
erth
M
etro
polit
an R
egio
n N
ot a
pplic
able
to B
unbu
ry.
DC
3.4
Sub
divi
sion
of R
ural
Lan
d LG
A’s
are
enc
oura
ged
to p
repa
re a
loc
al b
iodi
vers
ity s
trat
egy
or b
ushl
and
prot
ectio
n pl
an,
to b
e in
corp
orat
ed i
n th
e lo
cal
plan
ning
str
ateg
y, t
o gu
ide
subd
ivis
ion
for
cons
erva
tion
(WA
PC
200
9 on
line
p177
).
It is
not
ed h
owev
er t
hat
this
pol
icy
is o
nly
rele
vant
to
agric
ultu
ral l
ots
and
ther
efor
e is
unl
ikel
y to
ha
ve im
plic
atio
ns fo
r the
CO
B.
PB
69
Non
-sta
tuto
ry g
uida
nce
Limiting Clearing
SP
P2
- E
nviro
nmen
tal
& N
atur
al R
esou
rces
P
olic
y S
5.10
(ii)
Sup
port
rete
ntio
n of
exi
stin
g ve
geta
tion.
SP
P2.
1 -
Pee
l H
arve
y C
oast
al
Pla
in
Cat
chm
ent P
olic
y N
ot a
pplic
able
to B
unbu
ry.
SP
P2.
5 -
Agr
icul
tura
l &
R
ural
La
nd
Use
P
lann
ing
Rel
evan
t to
shire
’s s
urro
undi
ng th
e C
OB
.
SP
P6.
1 –
Leeu
win
Nat
ural
iste
Rid
ge P
olic
y N
ot a
pplic
able
to C
OB
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
87 │
112
“The
nat
iona
l ta
rget
is
to h
ave
clea
ring
cont
rols
in
pla
ce t
o pr
even
t th
e re
mov
al o
f ec
olog
ical
co
mm
uniti
es w
ith a
n ex
tent
bel
ow 3
0% o
f th
at
pres
ent
befo
re
1750
. A
le
vel
of
30%
of
pr
ecle
arin
g ex
tent
of a
n ec
olog
ical
com
mun
ity is
co
nsid
ered
to b
e th
e th
resh
old
leve
l bel
ow w
hich
sp
ecie
s lo
ss
appe
ars
to
acce
lera
te
expo
nent
ially
…”
(EP
Aa
2008
onl
ine
chB
1 p3
).
State Planning Policy
Statutory Implications
SP
P6.
3 –
Nin
galo
o C
oast
N
ot a
pplic
able
to C
OB
Protection of Habitat
SP
P2
- E
nviro
nmen
tal
& N
atur
al R
esou
rces
P
olic
y S
5.5
SP
P2.
8 D
raft
Bus
hlan
d P
olic
y fo
r th
e P
erth
M
etro
polit
an R
egio
n N
ot a
pplic
able
to B
unbu
ry.
Preservation/enhancement of ecological corridors
SP
P2
- E
nviro
nmen
tal
& N
atur
al R
esou
rces
P
olic
y S
5.5
(iv)
SP
P2.
8 D
raft
Bus
hlan
d P
olic
y fo
r th
e P
erth
M
etro
polit
an R
egio
n N
ot a
pplic
able
to B
unbu
ry.
PB
69
Non
-sta
tuto
ry g
uida
nce.
The
tabl
e an
d th
e re
sear
ch d
emon
stra
tes
that
, in
spi
te o
f th
e st
atem
ent
mad
e in
the
Env
iroP
lann
ing
Dire
ctio
ns P
aper
, fo
r th
e C
oB e
nviro
nmen
tal
prot
ectio
n is
add
ress
ed b
y th
e W
AP
C o
nly
in th
e S
W F
ram
ewor
k, S
PP
1 an
d S
PP
2.
SP
P1
and
SP
P2
prov
ide
for
biod
iver
sity
con
serv
atio
n an
d in
tegr
atio
n of
NR
M t
hrou
gh l
and
use
plan
ning
. S
PP
1 pr
ovid
es a
Sta
te P
lann
ing
Fra
mew
ork
and
key
prin
cipl
es,
incl
udin
g en
viro
nmen
tal p
rinci
ples
, fo
r su
stai
nabl
e la
nd u
se a
nd d
evel
opm
ent.
SP
P2
is t
he p
rimar
y S
tate
pla
nnin
g po
licy
that
dea
ls w
ith in
tegr
atio
n of
NR
M in
to la
nd u
se p
lann
ing
and
addr
esse
s pr
eser
vatio
n of
eco
logi
cal c
orrid
ors,
pro
tect
ion
of h
abita
t, se
eks
to
reta
in v
eget
atio
n an
d th
eref
ore
limit
clea
ring
and
seek
s to
pro
tect
bio
dive
rsity
. T
he S
tate
pla
nnin
g po
licie
s do
not
how
ever
add
ress
reg
iona
l co
nser
vatio
n st
rate
gies
nor
do
they
ref
lect
the
nat
iona
l ta
rget
for
vege
tatio
n re
tent
ion.
Th
e S
W F
ram
ewor
k at
a r
egio
nal
leve
l ad
opts
a p
rimar
y po
sitio
n th
at t
here
sho
uld
be n
o fu
rthe
r cl
earin
g of
nat
ive
vege
tatio
n, w
hich
is
cons
iste
nt w
ith E
PA
PS
2.
The
SW
Fra
mew
ork
enco
urag
es
stra
tegi
es a
nd p
lans
to e
stab
lish
a ta
rget
for
rete
ntio
n of
veg
etat
ion
and
it se
eks
prog
ram
s th
at r
esul
t in
a n
et g
ain
of v
eget
atio
n ac
ross
the
reg
ion
with
ado
ptio
n of
tar
gets
to
mea
sure
suc
cess
. I
t se
eks
iden
tific
atio
n of
hab
itat
prot
ectio
n ar
eas,
bio
dive
rsity
cor
ridor
s an
d re
gion
ally
sig
nific
ant
vege
tatio
n,
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
88 │
112
whi
ch is
con
sist
ent
with
EP
A G
S33
. I
t se
eks
mea
sure
s to
pre
serv
e ar
eas
of S
tate
and
reg
iona
l sig
nific
ance
in t
he e
xist
ing
urba
n fo
otpr
int
or u
rban
zo
ne.
It do
es n
ot h
owev
er p
rovi
de a
fram
ewor
k fo
r ho
w to
ach
ieve
this
pro
tect
ion
in th
e ur
ban
zone
whi
ch is
par
ticul
arly
an
issu
e fo
r th
e G
BR
S w
hen
GS
10 a
llow
s fo
r m
odifi
catio
n in
con
stra
ined
are
as (
urba
n, u
rban
def
erre
d, in
dust
rial z
oned
land
) of
PS
2’s
targ
et f
or r
eten
tion
of 3
0% o
f th
e or
igin
al
exte
nt o
f ea
ch v
eget
atio
n ty
pe.
The
SW
Fra
mew
ork
also
doe
s no
t pr
ovid
e a
targ
et f
or t
he r
egio
n an
d do
es n
ot r
efle
ct t
arge
ts i
n in
tern
atio
nal
com
mitm
ents
or
natio
nal o
r Sta
te ta
rget
s.
It w
as a
ntic
ipat
ed th
at th
e S
yste
m 6
upd
ate
wou
ld p
rovi
de id
entif
icat
ion
of r
egio
nally
sig
nific
ant n
atur
al a
reas
and
thei
r pr
otec
tion
(WA
PC
200
9 on
line
p96)
. Sys
tem
6 a
nd it
s re
view
will
not
how
ever
pro
vide
pro
tect
ion
mea
sure
s or
a ta
rget
for v
eget
atio
n re
tent
ion.
F
rom
the
rese
arch
ther
e is
cle
arly
an
abse
nce
of a
cle
ar s
tatu
tory
fram
ewor
k fo
r lo
cal b
iodi
vers
ity s
trat
egie
s, a
n ad
opte
d S
tate
EP
A o
r pl
anni
ng ta
rget
fo
r re
tent
ion
of v
eget
atio
n, a
nd a
n ab
senc
e of
a r
egio
nal c
onse
rvat
ion
stra
tegy
. T
here
is h
owev
er a
n ex
pect
atio
n (f
rom
SP
P2,
the
SW
Fra
mew
ork,
E
PA
gui
delin
es a
nd i
nter
view
s) t
hat
loca
l bi
odiv
ersi
ty s
trat
egie
s th
at a
re r
efle
cted
in
the
LPS
and
sch
eme
shou
ld a
nd w
ill p
rogr
ess
biod
iver
sity
co
nser
vatio
n (E
PA
a 20
08 o
nlin
e B
1.1.
3 an
d B
1.1.
5; W
ALG
A 2
009
onlin
e S
ectio
n A
p9)
. W
ith r
egar
d to
the
stat
utor
y an
d no
n-st
atut
ory
prov
isio
ns a
vaila
ble
from
the
Sta
te g
over
nmen
t, th
e C
OB
loca
l bio
dive
rsity
str
ateg
y is
rec
omm
ende
d to
ad
dres
s bi
odiv
ersi
ty p
rote
ctio
n th
roug
h:
•
Lim
itatio
ns to
veg
etat
ion
clea
ring.
•
Ach
ievi
ng a
nd /
or a
ddre
ssin
g th
e na
tiona
l tar
get f
or r
eten
tion
of 3
0% o
f veg
etat
ion
type
s.
•
Iden
tifyi
ng a
nd p
rote
ctin
g re
gion
ally
and
loca
lly s
igni
fican
t veg
etat
ion
and
corr
idor
s.
•
Pro
tect
ing
sign
ifica
nt v
eget
atio
n an
d co
rrid
ors
thro
ugh
a lo
cal b
iodi
vers
ity s
trat
egy
that
is re
flect
ed in
the
LPS
and
sch
eme.
W
ater
man
agem
ent h
as a
lso
been
iden
tifie
d fr
om th
e re
sear
ch a
s a
key
issu
e to
be
addr
esse
d in
the
LPS
. Water Management and the LPS
The
rese
arch
has
ide
ntifi
ed t
he o
ppor
tuni
ty,
and
stat
utor
y re
quire
men
t, fo
r ur
ban
wat
er m
anag
emen
t to
be
addr
esse
d in
acc
orda
nce
with
DO
W
requ
irem
ents
thro
ugh
the
LPS
. S
PP
2.9
Wat
er R
esou
rces
req
uire
s th
e LP
S to
be
info
rmed
by
a di
stric
t wat
er m
anag
emen
t str
ateg
y.
As
wel
l, a
loca
l w
ater
man
agem
ent
stra
tegy
is
requ
ired
to a
ccom
pany
the
sch
eme
and
a LP
P i
s re
com
men
ded
alon
g w
ith a
sup
port
ing
polic
y or
gui
delin
e fo
r a
com
preh
ensi
ve a
ppro
ach
from
the
CO
B.
Alo
ng w
ith w
ater
man
agem
ent,
fire
man
agem
ent h
as b
een
iden
tifie
d as
a k
ey is
sue
to b
e ad
dres
sed
in th
e LP
S.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
89 │
112
Fire Management
Fire
man
agem
ent i
s de
alt w
ith in
WA
PC
Pol
icy
DC
3.7
Fire
Pla
nnin
g an
d th
e S
W F
ram
ewor
k w
hich
iden
tify
that
new
dev
elop
men
t in
extr
eme/
high
fire
ris
k ar
eas
shou
ld b
e fir
e re
sist
ant
and
mec
hani
sms
are
adop
ted
to p
rote
ct t
he c
omm
unity
. T
he r
esea
rch
has
iden
tifie
d th
e ne
ed f
or t
he L
PS
to
inco
rpor
ate
a fir
e ha
zard
ass
essm
ent t
o de
term
ine
haza
rd a
reas
, spe
cial
con
trol
are
as in
the
sche
me
and
com
plia
nce
with
PB
FP
per
form
ance
crit
eria
w
hich
incl
udes
app
licat
ion
of A
S39
59 in
med
ium
and
gre
ater
haz
ard
risk
area
s.
The
final
key
issu
e id
entif
ied
from
the
rese
arch
is th
e in
tegr
al r
ole
that
land
use
pla
nnin
g pl
ays
in e
nviro
nmen
tal p
rote
ctio
n.
The Role of Land Use Planning in Environmental Protection
With
reg
ard
to N
RM
:
‘[t]he PD Act provides a strong legislative basis for biodiversity conservation, comparative to the State’s environmental legislation’ (W
APC
2009 online p87).
Sus
tain
abili
ty is
a p
rimar
y pu
rpos
e of
the
PD
Act
. Th
e P
D A
ct e
stab
lishe
s bi
odiv
ersi
ty a
nd c
onse
rvat
ion
of th
e na
tura
l env
ironm
ent a
s va
lid p
lann
ing
cons
ider
atio
ns (
refe
r to
s.
27 a
nd S
ched
ule
7 of
the
PD
Act
) (W
AP
C 2
009
onlin
e p8
7).
The
PD
Act
req
uire
s th
e W
AP
C t
o ha
ve r
egar
d fo
r co
nser
vatio
n of
nat
ural
reso
urce
s an
d en
able
s lo
cal p
lann
ing
sche
mes
to d
eal w
ith p
rese
rvat
ion
of th
e na
tura
l env
ironm
ent.
Not
onl
y do
es th
e P
D A
ct p
rovi
de a
str
ong
legi
slat
ive
basi
s fo
r bi
odiv
ersi
ty c
onse
rvat
ion,
the
rese
arch
has
hig
hlig
hted
the
inte
gral
rol
e th
at th
e P
D A
ct
play
s fo
r va
rious
Sta
te g
over
nmen
t ag
enci
es t
o im
plem
ent
thei
r ow
n m
echa
nism
s an
d po
licie
s pa
rtic
ular
ly e
nviro
nmen
t po
licie
s.
For
exa
mpl
e,
polic
ies
of th
e D
OH
and
the
Wat
er C
orpo
ratio
n ar
e im
plem
ente
d th
roug
h th
e P
D A
ct b
y re
fere
nce
in th
e W
AP
C’s
DC
Pol
icy
2.2
and
thro
ugh
the
LPS
an
d lo
cal
plan
ning
sch
eme.
A
s w
ell,
mos
t de
velo
pmen
t do
es n
ot t
rigge
r th
e E
PA
’s E
IA p
roce
ss a
nd t
he E
PA
rel
ies
on t
he P
D A
ct a
nd p
lann
ing
deci
sion
mak
ing
to e
nsur
e ad
equa
te e
nviro
nmen
tal i
nfor
mat
ion
and
eval
uatio
n at
eac
h st
age
of p
lann
ing.
F
inal
ly t
he P
D A
ct m
aybe
con
side
red
to p
rovi
de a
bro
ader
sys
tem
to
addr
ess
erro
rs,
pote
ntia
lly e
nviro
nmen
tal
erro
rs,
than
the
EP
BC
Act
. F
or
exam
ple,
ther
e is
a r
ight
of
appe
al u
nder
the
PD
Act
aga
inst
a d
ecis
ion
of th
e M
inis
ter
and
erro
rs c
an b
e ad
dres
sed
thro
ugh
the
Sta
te A
dmin
istra
tive
Trib
unal
. Th
is is
in c
ontr
ast t
o th
e E
PB
C A
ct w
hich
doe
s no
t hav
e a
right
of a
ppea
l aga
inst
a d
ecis
ion
of th
e M
inis
ter
for
the
Env
ironm
ent t
o ap
prov
e an
act
ion
or fo
r th
e se
tting
of c
ondi
tions
. In
suc
h ca
ses,
his
/her
dec
isio
n ca
n on
ly b
e re
view
ed in
the
Fed
eral
Cou
rt (E
DO
200
7 on
line)
whi
ch m
aybe
co
nsid
ered
a n
arro
wer
mor
e co
mpl
ex s
yste
m th
an th
e S
tate
Adm
inis
trat
ive
Trib
unal
app
eals
pro
cess
. G
iven
the
val
uabl
e ro
le t
hat
the
PD
Act
pla
ys i
n en
viro
nmen
tal
prot
ectio
n it
high
light
s th
e im
port
ance
of
the
envi
ronm
ent
chap
ter
of t
he L
PS
to
biod
iver
sity
con
serv
atio
n fo
r the
CO
B.
Thes
e ke
y is
sues
and
the
rec
omm
enda
tions
of
the
rese
arch
hav
e al
so b
een
info
rmed
by
the
inve
stig
atio
n of
em
ergi
ng is
sues
/ t
rend
s as
a s
peci
fic
activ
ity fo
r co
mpl
etio
n in
the
proj
ect s
cope
.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
90 │
112
Emerging Issues / Trends
The
rese
arch
iden
tifie
s an
d de
scrib
es a
ran
ge o
f cur
rent
issu
es th
at a
re r
elev
ant t
o th
e C
OB
at t
he ti
me
the
rese
arch
was
con
duct
ed.
Em
ergi
ng is
sues
/ t
rend
s w
ere
expl
ored
fro
m t
hose
tha
t ar
e oc
curr
ing
at t
he n
atio
nal
leve
l; to
tho
se o
ccur
ring
in o
ther
Sta
tes
and
Terr
itorie
s; a
nd
thos
e at
the
WA
Sta
te, r
egio
nal a
nd lo
cal l
evel
s.
Man
y na
tiona
l iss
ues
and
issu
es fo
r ot
her
Sta
te a
nd T
errit
orie
s ar
e of
inte
rest
how
ever
they
do
not
have
dire
ct im
plic
atio
ns t
o th
e C
OB
’s L
PS
and
are
not
the
sub
ject
of
reco
mm
enda
tions
in t
his
rese
arch
. F
or e
xam
ple
revi
ew o
f th
e A
TSH
IP A
ct,
revi
ew o
f th
e C
omm
onw
ealth
EP
BC
Act
, th
e Carbon Pollution Reduction Scheme (CPRS) Bill 2009 an
d th
e In
sura
nce
Cou
ncil
of A
ustr
alia
’s
envi
ronm
enta
l ris
k la
nd u
se p
lann
ing
reco
mm
enda
tions
are
of
inte
rest
and
are
des
crib
ed i
n th
e re
sear
ch,
how
ever
, th
ey d
o no
t ha
ve d
irect
im
plic
atio
ns to
the
LPS
and
do
not f
orm
par
t of t
he r
ecom
men
datio
ns.
Onl
y th
ose
issu
es /
tre
nds
that
rel
ate
in s
ome
way
to
a gu
idel
ine,
pol
icy
or la
w in
WA
tha
t ar
e co
nsid
ered
rel
evan
t to
the
CO
B’s
LP
S a
ppea
r as
a
reco
mm
enda
tion
in th
e re
sear
ch.
For
exam
ple,
con
side
ring
the
inte
nt o
f PIA
’s in
pla
nnin
g de
cisi
on m
akin
g is
a n
on-s
tatu
tory
rec
omm
enda
tion
whi
ch
appe
ars
in th
e re
com
men
datio
ns ta
ble
corr
espo
ndin
g to
the Liquor Control Act 1988.
The
rese
arch
of i
ssue
s / t
rend
s al
so id
entif
ied
usef
ul to
ols
for
the
CO
B in
its
oper
atio
ns a
nd in
the
deve
lopm
ent o
f the
LP
S.
For
exa
mpl
e, th
e re
view
de
scrib
es t
he D
OW
Dig
ital T
erra
in M
odel
of
the
Sw
an C
oast
al P
lain
; th
e D
P &
DO
T C
OB
Coa
stal
Vul
nera
bilit
y A
sses
smen
t; th
e A
NU
GA
Mod
el o
f S
torm
Sur
ge &
Clim
ate
Cha
nge
Impa
cts
on C
OB
; th
e D
OW
Dra
inag
e M
anag
emen
t P
lan
for
Bun
bury
; IC
LEI’s
Loc
al G
over
nmen
t C
limat
e C
hang
e A
dapt
atio
n To
olki
t; W
ALG
A' s
pla
nnin
g gu
idel
ines
/tem
plat
e po
licy
for
clim
ate
chan
ge a
dapt
atio
n; W
ALG
A’s
Web
-bas
ed C
limat
e C
hang
e M
anag
emen
t To
olki
t; an
d W
ALG
A’s
Em
issi
ons
Rep
ortin
g Fr
amew
ork.
Th
ese
are
desc
ribed
in t
he r
esea
rch
how
ever
the
y do
not
hav
e di
rect
impl
icat
ions
to
the
LPS
and
are
not
the
subj
ect o
f rec
omm
enda
tions
. Th
e in
vest
igat
ion
of e
mer
ging
issu
es /
tren
ds a
lso
iden
tifie
s is
sues
for
furt
her
inve
stig
atio
n th
at a
t thi
s tim
e do
not
hav
e im
plic
atio
ns to
the
CO
B o
r th
e LP
S a
nd a
re n
ot t
he s
ubje
ct o
f re
com
men
datio
ns;
how
ever
, th
e C
OB
may
wis
h to
fol
low
pro
gres
s of
the
issu
e.
Thes
e is
sues
incl
ude
the
revi
ew o
f P
lann
ing
for
Bus
h Fi
re P
rote
ctio
n, D
C 1
.8 C
anal
Est
ates
and
Oth
er A
rtific
ial W
ater
way
Dev
elop
men
ts, S
PP
2.6
– S
tate
Coa
stal
Pla
nnin
g, S
PP
2.4
–
Bas
ic R
aw M
ater
ials
, P
lann
ing
Sch
emes
Man
ual,
Tow
n P
lann
ing
Reg
ulat
ions
& t
he M
odel
Sch
eme
Text
and
the
Sta
te P
lann
ing
Str
ateg
y.
Furth
er
issu
es fo
r in
vest
igat
ion
are
iden
tifie
d as
legi
slat
ive
wat
er r
efor
m a
nd t
he Draft Public Health Bill 2009 (
revi
ew o
f th
e WA Health Act 1911)
alon
g w
ith
the
EP
A’s
rev
iew
of t
he EIA Administrative Procedures 2002.
The
rese
arch
als
o pr
ovid
es v
alua
ble
info
rmat
ion
and
reco
mm
enda
tions
from
the
revi
ew o
f th
e in
tern
atio
nal c
onte
xt a
nd C
omm
onw
ealth
env
ironm
ent
law
and
pol
icy.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
91 │
112
The International and Commonwealth Context
Inte
rnat
iona
l la
w r
efer
s to
tre
atie
s an
d ag
reem
ents
to
whi
ch A
ustr
alia
is
a si
gnat
ory.
Th
ese
trea
ties
and
agre
emen
ts d
o no
t ha
ve a
ny l
egal
im
plic
atio
ns in
Aus
tral
ia u
nles
s th
ey h
ave
been
impl
emen
ted
thro
ugh
legi
slat
ion
and/
or a
re r
efle
cted
in p
olic
ies.
Th
e in
vest
igat
ion
of th
e in
tern
atio
nal
cont
ext
dem
onst
rate
s th
e im
port
ance
an
d re
leva
nce
of
inte
rnat
iona
l tr
eatie
s an
d ag
reem
ents
an
d th
e st
rong
in
fluen
ce
they
ha
ve
to
the
Com
mon
wea
lth a
nd S
tate
’s le
gal a
nd p
olic
y fr
amew
ork.
F
or e
xam
ple
the
EP
BC
Act
and
WA
EP
A p
olic
ies
stro
ngly
ref
lect
inte
rnat
iona
l tre
atie
s.
It is
no
ted
how
ever
that
, whi
le la
ws
and
polic
ies
have
impl
icat
ions
to th
e LP
S, t
he in
tern
atio
nal c
onte
xt it
self
does
not
hav
e di
rect
impl
icat
ions
to th
e LP
S
give
n it
relie
s on
impl
emen
tatio
n in
WA
law
to b
e ef
fect
ive.
As
such
the
inte
rnat
iona
l con
text
has
not
rai
sed
any
reco
mm
enda
tions
in th
is r
esea
rch.
W
ith r
egar
d to
Com
mon
wea
lth e
nviro
nmen
t la
w t
he E
PB
C A
ct i
s th
e pr
inci
pal
envi
ronm
ent
legi
slat
ion
for
LGA
’s.
It
mos
t im
porta
ntly
pla
ces
an
oblig
atio
n on
LG
A’s
as
a la
nd o
wne
r an
d de
velo
per
to r
efer
to
DE
WH
A m
atte
rs l
ikel
y to
hav
e a
sign
ifica
nt i
mpa
ct o
n a
mat
ter(
s) o
f na
tiona
l en
viro
nmen
tal s
igni
fican
ce.
As
a re
gula
tor
of d
evel
opm
ent,
LGA
’s a
re e
ncou
rage
d to
info
rm d
evel
oper
s of
thei
r ob
ligat
ions
und
er th
e E
PB
C A
ct.
The
E
PB
C A
ct h
owev
er d
oes
not
have
dire
ct im
plic
atio
ns t
o th
e LP
S a
nd h
as n
ot r
aise
d an
y re
com
men
datio
ns in
thi
s re
sear
ch.
Oth
er C
omm
onw
ealth
en
viro
nmen
t la
ws
have
ho
wev
er
rais
ed
reco
mm
enda
tions
.
The
National Environment Protection Council Act 1994
pr
ovid
es
non-
stat
utor
y en
viro
nmen
tal p
rinci
ples
and
obj
ectiv
es th
at a
re r
ecom
men
ded
for
cons
ider
atio
n in
the
LPS
; and
the National Greenhouse and Energy Reporting Act
2007 a
nd t
he Energy Efficiency O
pportunities Act 2006 m
ake
an o
blig
atio
n fo
r th
e C
OB
to
dete
rmin
e if,
in t
he f
irst
inst
ance
, it
exce
eds
thre
shol
d le
vels
und
er th
ese
Act
s. T
hese
Com
mon
wea
lth e
nviro
nmen
t law
s ar
e th
eref
ore
the
subj
ect o
f rec
omm
enda
tions
in th
e re
sear
ch.
Fro
m th
e in
vest
igat
ion
of C
omm
onw
ealth
env
ironm
ent p
olic
ies,
nam
ely
DE
WH
A p
olic
ies,
it is
rec
omm
ende
d th
at th
e LP
S a
nd lo
cal p
lann
ing
sche
me
refle
ct k
now
n m
atte
rs o
f na
tiona
l sig
nific
ance
. F
or e
xam
ple
the
LPS
and
loca
l pla
nnin
g sc
hem
e ar
e re
com
men
ded
to r
efle
ct m
appi
ng o
f C
arna
by’s
B
lack
Coc
kato
o ha
bita
t, W
RP
hab
itat a
nd th
resh
old
leve
ls fo
r im
pact
s, a
nd a
reas
for
thre
aten
ed li
sted
pla
nts
whi
ch m
ay in
clud
e ar
eas
that
pot
entia
lly
supp
ort t
hese
spe
cies
. W
ith r
egar
d to
the
Draft Policy Statement: Use of environmental offsets under the EPBC Act,
stra
tegi
c id
entif
icat
ion
of o
ffset
si
tes
is r
ecom
men
ded,
thr
ough
the
LP
S,
to c
onso
lidat
e re
quire
men
ts f
or a
num
ber
of d
evel
opm
ent
proj
ects
int
o a
few
hig
h pr
iorit
y na
tura
l ar
eas
(WA
PC
200
9 on
line
p85)
. A
long
with
the
Com
mon
wea
lth e
nviro
nmen
t law
s an
d po
licie
s, th
e re
view
of W
A le
gisl
atio
n ha
s in
form
ed th
e re
sear
ch r
ecom
men
datio
ns.
WA Legislation
The
rese
arch
fin
ding
s fo
r ‘W
A Legislation
’ pr
ovid
e de
tails
of
legi
slat
ion
that
may
gen
erat
e ob
ligat
ions
for
pot
entia
lly a
ll LG
A f
unct
ions
exc
ludi
ng
finan
cial
fun
ctio
ns.
It is
rec
omm
ende
d th
at t
o be
mos
t he
lpfu
l ‘WA Legislation’ b
e re
view
ed b
y in
divi
dual
CO
B d
epar
tmen
ts.
The
rec
omm
enda
tions
fr
om t
his
proj
ect
scop
e ac
tivity
how
ever
, re
late
spe
cific
ally
to
the
LPS
rev
iew
. I
mpl
icat
ions
tha
t th
e le
gisl
atio
n m
ay h
ave
to o
ther
rol
es a
nd
resp
onsi
bilit
ies
of th
e C
OB
are
pre
sent
ed in
the
rese
arch
find
ings
, how
ever
, the
y ar
e no
t the
sub
ject
of r
ecom
men
datio
ns.
The
reco
mm
enda
tions
for
‘WA Legislation’ a
lso
incl
ude
reco
mm
enda
tions
for
sub
sidi
ary
legi
slat
ion
whi
ch a
re p
rese
nted
with
reg
ard
to t
he c
orre
spon
ding
act
tha
t es
tabl
ishe
s th
e su
bsid
iary
legi
slat
ion.
Th
e re
view
of W
A p
olic
ies
and
guid
elin
es h
as a
lso
info
rmed
the
rese
arch
reco
mm
enda
tions
.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
92 │
112
WA Policies and Guidelines
The
over
view
of
WA
pol
icie
s an
d gu
idel
ines
was
par
ticul
arly
hel
pful
to
unde
rsta
nd t
he o
blig
atio
ns o
f th
e C
OB
with
reg
ard
to t
he p
repa
ratio
n of
the
LP
S,
the
sche
me
revi
ew,
the
LPP
F an
d ge
nera
l dec
isio
n m
akin
g.
It id
entif
ied
the
rela
tive
hier
arch
y of
Sta
te g
over
nmen
t pol
icie
s an
d gu
idel
ines
. I
t id
entif
ied
area
s w
hich
the
fun
ctio
ns o
f th
e C
OB
, th
e LP
S r
evie
w a
nd t
he s
chem
e ar
e re
quire
d to
add
ress
tha
t ar
e no
t al
read
y ad
dres
sed.
It
also
id
entif
ied
gaps
in p
olic
y th
at th
e C
OB
, in
spite
of l
ack
of g
uida
nce
by th
e S
tate
gov
ernm
ent,
can
choo
se to
add
ress
in b
oth
the
LPS
& o
ther
str
ateg
ic
docu
men
ts.
It al
so n
arro
wed
dow
n th
e hu
ge v
olum
e of
pol
icie
s th
at e
xist
at t
he S
tate
leve
l so
that
the
CO
B c
an m
ore
effic
ient
ly d
evel
op it
s LP
S.
Firs
tly, E
PA
pol
icie
s an
d gu
idel
ines
wer
e re
view
ed in
the
rese
arch
. W
hile
this
rev
iew
was
not
a s
peci
fic a
ctiv
ity id
entif
ied
for
com
plet
ion
in th
e pr
ojec
t sc
ope
it w
as im
plic
it in
fulfi
lling
the
proj
ect r
equi
rem
ents
and
und
erst
andi
ng th
e C
OB
’s e
nviro
nmen
tal p
olic
y ob
ligat
ions
. Th
e re
view
of W
AP
C p
lann
ing
polic
ies
and
guid
elin
es w
as p
artic
ular
ly h
elpf
ul to
und
erst
and
the
rela
tive
stat
us o
f the
se v
ario
us in
stru
men
ts a
nd th
ose
area
s w
hich
the
CO
B is
requ
ired
to h
ave
rega
rd to
o th
at th
ey m
ay n
ot a
lread
y be
add
ress
ing.
Th
e re
view
of t
he p
olic
ies
of o
ther
Sta
te g
over
nmen
t age
ncie
s w
as in
som
e ca
ses
help
ful.
The
rev
iew
of D
OW
pol
icie
s id
entif
ied
cons
ider
able
are
as
to b
e ad
dres
sed
in th
e LP
S.
This
is th
e ca
se d
ue to
the
DO
W d
evel
opin
g a
rang
e of
str
ateg
ies,
pol
icie
s an
d gu
idel
ines
in r
ecen
t yea
rs th
at w
ould
not
ha
ve b
een
a co
nsid
erat
ion
in a
pre
viou
s C
OB
LP
S.
The
se D
OW
str
ateg
ies,
pol
icie
s an
d gu
idel
ines
hav
e be
en s
uppo
rted
by
the
WA
PC
in S
PP
2.9
Wat
er R
esou
rces
. Th
e re
view
of D
OH
and
Wat
er C
orpo
ratio
n po
licie
s al
so p
rovi
ded
clar
ity r
egar
ding
the
stat
us a
nd p
ositi
on o
f the
Sta
te g
over
nmen
t w
ith r
egar
d to
sew
erag
e po
licie
s. O
ther
wis
e th
e ou
tcom
es o
f the
res
earc
h w
ith r
egar
d to
the
polic
ies
of o
ther
Sta
te g
over
nmen
t age
ncie
s w
as li
mite
d an
d th
e ou
tcom
es o
f thi
s pr
ojec
t sco
pe a
ctiv
ity w
ere
mos
t val
uabl
e in
rel
atio
n to
the
polic
ies
of th
e W
AP
C a
nd E
PA
. Th
e re
com
men
datio
ns f
rom
the
res
earc
h fo
r E
PA
, W
AP
C a
nd o
ther
Sta
te g
over
nmen
t po
licie
s an
d gu
idel
ines
are
pre
sent
ed in
the
tab
les
belo
w f
or
stat
utor
y an
d no
n-st
atut
ory
polic
y pr
ovis
ions
. O
utco
mes
of t
he r
esea
rch
for
each
of t
hese
pro
ject
sco
pe a
ctiv
ity a
reas
are
exp
lain
ed in
furt
her d
etai
l. EPA Policies and Guidelines
With
reg
ard
to E
PA
pol
icie
s, o
nly
Env
ironm
enta
l Pro
tect
ion
Pol
icie
s an
d S
tate
Env
ironm
enta
l P
olic
ies
are
stat
utor
y in
stru
men
ts w
hich
the
CO
B i
s re
quire
d to
hav
e re
gard
to
in d
ecis
ion
mak
ing.
Th
ese
polic
ies
have
bee
n ra
tifie
d by
Par
liam
ent
or a
re f
inal
ly a
dopt
ed b
y C
abin
et a
nd h
ave
lega
l ef
fect
. Th
ey a
re a
lso
desc
ribed
and
pre
sent
ed in
this
res
earc
h as
sub
sidi
ary
legi
slat
ion
to th
e E
P A
ct in
‘WA Legislation’.
EP
A p
olic
ies
are
dist
inct
to
EP
A P
ositi
on S
tate
men
ts;
Env
ironm
enta
l P
rote
ctio
n B
ulle
tins;
and
Gui
danc
e S
tate
men
ts w
hich
are
non
-sta
tuto
ry a
dvic
e, b
ut i
n so
me
case
s ca
rry
cons
ider
able
wei
ght a
nd g
ive
valu
able
dire
ctio
n to
the
CO
B fo
r the
pre
para
tion
of th
e LP
S.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
93 │
112
EPA Environmental Protection Policies (EPP’s)
Tw
o E
PP
’s a
re i
dent
ified
as
rele
vant
to
the
role
s an
d re
spon
sibi
litie
s of
the
CO
B.
The
Sw
an C
oast
al P
lain
s La
kes
Pol
icy
prot
ects
wet
land
s by
co
ntro
lling
una
utho
rised
act
iviti
es.
It is
rel
evan
t to
the
LPS
and
sch
eme
with
reg
ard
to t
he n
eed
for
deci
sion
mak
ers
to b
e aw
are
of th
ose
prot
ecte
d w
etla
nds
and
the
polic
y im
plic
atio
ns.
It
is p
artic
ular
ly r
elev
ant
to t
heir
man
agem
ent
of o
pen
spac
es a
nd r
eser
ves,
dra
inag
e an
d st
orm
wat
er
disc
harg
e an
d ho
w th
is im
pact
s w
etla
nds.
Th
e D
raft
Sta
te M
arin
e W
ater
s P
olic
y is
rel
evan
t to
the
ass
essm
ent
of P
ort
Aut
horit
y ac
tiviti
es a
nd a
ny w
orks
im
pact
ing
mar
ine
wat
ers
such
as
brid
ges,
mar
inas
, ou
tfalls
and
pip
elin
es.
It
pose
s th
e qu
estio
n as
to
whe
ther
pre
serv
ing,
enh
anci
ng a
nd p
rote
ctin
g th
e en
viro
nmen
tal v
alue
s of
the
S
tate
’s m
arin
e w
ater
s sh
ould
als
o be
ref
lect
ed in
the
prin
cipl
es o
f the
LP
S.
EPA State Environmental Policies (SEP’s)
EP
A S
EP
’s a
re f
orm
al e
nviro
nmen
tal p
olic
y of
a s
light
ly lo
wer
ord
er t
han
EP
P’s
. T
he D
raft
Am
bien
t A
ir P
olic
y is
the
onl
y S
EP
tha
t is
iden
tifie
d as
po
ssib
ly r
elev
ant t
o th
e C
OB
. Th
is S
EP
wou
ld in
form
the
obje
ctiv
es a
nd p
rinci
ples
of
the
LPS
but
mos
t im
port
antly
it is
rel
evan
t to
the
oper
atio
ns o
f th
e C
OB
rel
atin
g to
tran
spor
t, w
aste
man
agem
ent a
nd fi
re p
lann
ing
and
man
agem
ent.
EPA Environmental Protection Bulletins (EPB’s)
EP
B’s
are
non
-sta
tuto
ry a
dvic
e an
d tw
o E
PB
’s a
re id
entif
ied
as p
artic
ular
ly r
elev
ant t
o th
e C
OB
. Fi
rstly
the
advi
ce a
nd r
ecom
men
datio
ns c
onta
ined
in
Bul
letin
110
8, G
reat
er B
unbu
ry R
egio
n S
chem
e (G
BR
S)
are
espe
cial
ly h
elpf
ul to
the
CO
B.
They
wer
e m
ade
to th
e M
inis
ter
afte
r th
e E
PA
ass
esse
d th
e G
BR
S.
Whi
le a
ll th
e ad
vice
and
rec
omm
enda
tions
may
not
hav
e be
en in
corp
orat
ed in
to th
e G
BR
S,
they
pro
vide
val
uabl
e in
form
atio
n ab
out t
he
EP
A’s
ass
essm
ent a
nd it
s po
sitio
n on
env
ironm
enta
l pro
tect
ion
for
the
GB
RS
are
a. T
he N
atur
al A
reas
Str
ateg
y (N
AS
) in
Bul
letin
110
8 is
par
ticul
arly
re
leva
nt to
the
envi
ronm
ent c
hapt
er o
f the
LP
S.
The
NA
S g
ives
a ta
rget
for
rete
ntio
n of
eco
logi
cal c
omm
uniti
es a
nd id
entif
ies
ecol
ogic
al li
nkag
es fo
r pr
otec
tion
as p
art
of t
he S
yste
m 6
upd
ate.
Th
is is
esp
ecia
lly r
elev
ant
as it
is u
nder
stoo
d th
at t
he S
yste
m 6
upd
ate
will
ide
ntify
but
will
not
in f
act
prot
ect
thes
e ar
eas
leav
ing
prot
ectio
n of
eco
logi
cal l
inka
ges
to t
he L
PS
. Th
e N
AS
als
o co
nfirm
s th
e ne
ed t
o lo
cate
dev
elop
men
t in
alre
ady
clea
red
area
s.
The
CO
B m
ay w
ish
to c
onsi
der
how
the
rec
omm
enda
tions
in
Bul
letin
110
8 ha
ve b
een
inco
rpor
ated
int
o pl
anni
ng d
ecis
ion
mak
ing,
if
the
reco
mm
enda
tions
are
stil
l rel
evan
t and
if th
ey s
houl
d be
cap
ture
d in
the
LPS
rev
iew
. S
econ
dly,
EP
B8
Sou
th W
est R
egio
nal E
colo
gica
l Lin
kage
s is
als
o re
leva
nt to
the
CO
B a
nd it
con
firm
s th
e E
PA
’s p
ositi
on th
at it
:
•
Sup
port
s a
rese
rve
syst
em to
pro
tect
bio
dive
rsity
val
ues.
•
Ack
now
ledg
es t
hat
the
biod
iver
sity
fun
ctio
n of
the
res
erve
sys
tem
and
bus
hlan
d pa
tche
s w
ould
be
stre
ngth
ened
by
rete
ntio
n, r
esto
ratio
n an
d m
anag
emen
t of e
colo
gica
l lin
kage
s.
•
Sup
port
s a
biod
iver
sity
targ
et o
f 30%
for
ecol
ogic
al c
omm
uniti
es.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
94 │
112
•
See
ks lo
catio
n of
dev
elop
men
t in
alre
ady
clea
red
area
s.
•
Sup
port
s th
e S
WR
EL
met
hodo
logy
.
•
Sup
port
s re
gion
al e
colo
gica
l lin
kage
s as
a k
ey e
nviro
nmen
tal p
lann
ing
cons
ider
atio
n in
futu
re p
lann
ing,
incl
udin
g th
e LP
S a
nd L
PP
F.
•
See
ks c
onsi
dera
tion
of e
colo
gica
l lin
kage
fac
tors
in s
tatu
tory
dec
isio
n m
akin
g no
w b
y, a
mon
gst
othe
r fa
ctor
s, a
pply
the
SW
RE
L m
appi
ng t
ool t
o th
e C
OB
’s G
IS m
appi
ng s
yste
m fo
r ac
tual
ref
erra
l and
con
side
ratio
n of
eco
logi
cal l
inka
ges
in s
tatu
tory
pla
nnin
g de
cisi
on m
akin
g.
As
such
the
rese
arch
rec
omm
ends
that
reg
ard
be h
ad in
the
LPS
& L
PP
F fo
r th
e E
PA
’s p
ositi
on, a
s de
scrib
ed in
EP
B8
stat
emen
ts.
The
EP
A’s
pos
ition
as
desc
ribed
in P
ositi
on S
tate
men
ts is
als
o of
par
ticul
ar v
alue
to th
e C
OB
in it
s pr
epar
atio
n of
the
LPS
and
the
LPP
F.
EPA Position Statements (PS)
EP
A P
S’s
are
non
-sta
tuto
ry g
uida
nce
of a
ver
y hi
gh o
rder
. T
hey
give
a g
ood
over
view
of t
he E
PA
’s p
ositi
on o
n en
viro
nmen
tal m
atte
rs a
nd th
ey a
re
rele
vant
to
the
CO
B w
here
env
ironm
enta
l pr
otec
tion
is a
con
side
ratio
n.
PS
’s a
re p
artic
ular
ly u
sefu
l to
the
pre
para
tion
of t
he L
PS
, its
dire
ctio
n,
obje
ctiv
es a
nd g
oals
(na
mel
y P
S4
Env
ironm
enta
l Pro
tect
ion
of W
etla
nds,
PS
6 To
war
ds S
usta
inab
ility
, P
S7
Prin
cipl
es o
f E
nviro
nmen
tal P
rote
ctio
n,
PS
8 E
nviro
nmen
tal P
rote
ctio
n in
Nat
ural
Res
ourc
e M
anag
emen
t).
PS
2 E
nviro
nmen
tal P
rote
ctio
n of
Nat
ive
Veg
etat
ion
in W
A c
onfir
ms
the
need
for
tar
gets
for
bio
dive
rsity
ret
entio
n pr
otec
tion
and
man
agem
ent
in a
ny
envi
ronm
ent
chap
ter
of t
he L
PS
& f
or t
hese
tar
gets
to
be i
n ac
cord
ance
with
Com
mon
wea
lth a
nd S
tate
pol
icy
nam
ely
the
Nat
iona
l S
trat
egy
for
Con
serv
atio
n of
Aus
tralia
’s B
iodi
vers
ity.
With
reg
ard
to w
etla
nds
man
agem
ent,
PS
4 E
nviro
nmen
tal
Pro
tect
ion
of W
etla
nds
refle
cts
an o
vera
ll go
al o
f no
net
los
s of
wet
land
val
ues
and
func
tions
. W
ith r
egar
d to
nat
ural
res
ourc
e m
anag
emen
t, th
e P
S’s
ref
lect
the
over
all g
oal o
f no
net l
oss
of e
colo
gica
l val
ues
and
func
tions
. Th
e P
S’s
pro
vide
the
EP
A’s
gui
ding
vie
w o
n su
stai
nabi
lity,
prin
cipl
es f
or e
nviro
nmen
tal p
rote
ctio
n an
d en
viro
nmen
tal p
rote
ctio
n in
nat
ural
res
ourc
e m
anag
emen
t. T
hey
also
giv
e gu
idan
ce a
nd p
rovi
de a
pol
icy
appr
oach
for
envi
ronm
enta
l offs
ets
shou
ld th
e C
OB
con
side
r thi
s re
leva
nt.
EPA Guidance Statements (GS)
GS
’s a
re t
he E
PA
’s n
on-s
tatu
tory
adv
ice.
Th
ey a
re in
mos
t ca
ses
leng
thy
and
deta
iled
how
ever
the
y co
ntai
n sp
ecifi
c pr
actic
al p
rovi
sion
s th
at a
re
rele
vant
to th
e C
OB
ope
ratio
ns.
LGA
’s a
re r
efer
red
to th
e G
S’s
to a
ssis
t dec
isio
n m
akin
g an
d th
ey a
re h
elpf
ul a
nd r
elev
ant t
o th
e re
view
of t
he L
PS
.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
95 │
112
GS
3 S
epar
atio
n D
ista
nces
bet
wee
n In
dust
rial
and
Sen
sitiv
e La
nd U
ses
requ
ires
iden
tific
atio
n of
ind
ustri
al l
and
uses
and
sen
sitiv
e la
nd u
ses,
co
nsid
erat
ion
of th
e po
tent
ial i
mpa
cts
and
the
need
for
sepa
ratio
n di
stan
ces.
It i
s a
rele
vant
con
side
ratio
n in
the
revi
ew o
f the
LP
S.
GS
33 E
nviro
nmen
tal
Gui
danc
e fo
r P
lann
ing
and
Dev
elop
men
t is
mos
t re
leva
nt t
o LG
A d
ecis
ion
mak
ing
and
is m
ost
rele
vant
to
the
envi
ronm
ent
chap
ter
of th
e LP
S.
The
EIA
pro
cess
onl
y oc
curs
for
mat
ters
of
sign
ifica
nce
and
ther
efor
e w
ill n
ot b
e tr
igge
red
for
mos
t pr
opos
als
ther
efor
e th
ere
is
relia
nce
on t
he p
lann
ing
proc
ess
to e
nsur
e en
viro
nmen
tal
prot
ectio
n.
GS
33 d
etai
ls w
hat
the
EP
A e
xpec
ts f
rom
the
pla
nnin
g an
d de
velo
pmen
t pr
oces
s to
ens
ure
adeq
uate
env
ironm
enta
l inf
orm
atio
n an
d ev
alua
tion
and
usua
lly a
t an
early
sta
ge o
f pla
nnin
g.
It pr
ovid
es a
fram
ewor
k fo
r sc
hem
e re
ferr
als,
ass
ists
to d
eter
min
e w
hat t
ype
of p
ropo
sals
sho
uld
be r
efer
red
to th
e E
PA
and
giv
es b
road
prin
cipl
es fo
r bi
odiv
ersi
ty c
onse
rvat
ion.
Th
e ke
y se
ctio
ns o
f GS
33, P
arts
A a
nd B
, tha
t are
rel
evan
t to
the
envi
ronm
ent c
hapt
er o
f the
LP
S h
ave
been
not
ed in
the
rese
arch
tabl
es, h
owev
er,
all o
f G
S33
is r
elev
ant t
o LG
A d
ecis
ion
mak
ing.
M
ost
impo
rtan
tly G
S33
rec
omm
ends
obj
ectiv
es t
o pr
otec
t bi
odiv
ersi
ty a
nd a
ssis
ts L
GA
’s to
iden
tify
envi
ronm
enta
l fac
tors
for
the
asse
ssm
ent o
f a s
chem
e or
DA
. Th
e re
view
of W
AP
C p
lann
ing
polic
ies
and
guid
elin
es g
ener
ated
con
side
rabl
e re
com
men
datio
ns to
war
d th
e LP
S.
WAPC Planning Policies and Guidelines
The
revi
ew o
f W
AP
C p
lann
ing
polic
ies
and
guid
elin
es in
volv
ed a
rev
iew
of
Sta
te P
lann
ing
Pol
icie
s (S
PP
’s),
Dev
elop
men
t C
ontr
ol (
DC
) P
olic
ies
and
Pla
nnin
g B
ulle
tins.
S
PP
’s a
re a
dopt
ed u
nder
the
PD
Act
and
LG
A’s
are
req
uire
d to
hav
e du
e re
gard
to
them
in t
he L
PS
and
sch
eme
revi
ews,
the
LP
PF
and
gen
eral
de
cisi
on m
akin
g. T
he S
PP
’s a
re p
artic
ular
ly u
sefu
l to
the
LPS
rev
iew
giv
en m
any
SP
P’s
hav
e be
en d
evel
oped
to g
uide
LG
A’s
in a
ddre
ssin
g pl
anni
ng
issu
es t
hrou
gh t
he L
PS
and
sch
eme
revi
ews.
S
PP
’s a
re u
nite
d un
der
SP
P1
whi
ch p
rovi
des
a S
tate
Pla
nnin
g Fr
amew
ork
and
key
prin
cipl
es,
incl
udin
g en
viro
nmen
tal
prin
cipl
es,
for
sust
aina
ble
land
use
and
dev
elop
men
t. S
even
teen
SP
P’s
wer
e re
view
ed a
s pa
rt o
f th
e re
sear
ch.
All
the
SP
P’s
rev
iew
ed w
ere
foun
d to
be
rele
vant
to L
GA
dec
isio
n m
akin
g ho
wev
er 1
1 S
PP
’s w
ere
foun
d to
be
dire
ctly
rel
evan
t and
use
ful t
o th
e C
OB
’s L
PS
an
d/or
sch
eme
revi
ews,
sta
tuto
ry p
lann
ing
and
engi
neer
ing
deci
sion
mak
ing.
R
efer
to
the
tabl
es b
elow
for
rec
omm
enda
tions
from
the
revi
ew o
f th
e S
PP
’s.
Tho
se S
PP
’s t
hat
wou
ld h
ave
alre
ady
been
con
side
red
by t
he C
OB
in
the
LPS
(e.
g. S
PP
3.5
His
toric
Her
itage
Con
serv
atio
n in
the
CO
B
Her
itage
Str
ateg
y) a
re n
ot th
e su
bjec
t of r
ecom
men
datio
ns in
this
repo
rt.
Rev
iew
of
the
WA
PC
DC
pol
icie
s w
as a
lso
help
ful
to t
he C
OB
ope
ratio
ns a
nd p
lann
ing
deci
sion
mak
ing
and
gene
rate
d m
ainl
y st
atut
ory
reco
mm
enda
tions
for
the
LPS
. Th
e re
view
of P
lann
ing
Bul
letin
s w
as p
artic
ular
ly u
sefu
l for
non
-sta
tuto
ry r
ecom
men
datio
ns.
Fin
ally
the
revi
ew o
f oth
er S
tate
gov
ernm
ent p
olic
ies
incl
uded
the
DO
W, D
OH
, DA
F a
nd W
ater
Cor
pora
tion
and
it pr
ovid
ed fu
rthe
r re
sear
ch o
utco
mes
fo
r bot
h st
atut
ory
and
non-
stat
utor
y re
sear
ch re
com
men
datio
ns.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
96 │
112
Other State Government Policies and Guidelines
DOW Strategies, Policies and Guidelines
The
DO
W h
as a
fra
mew
ork
of s
trat
egie
s th
at p
rovi
de o
bjec
tives
, di
rect
ion
and
guid
ance
; pr
iorit
y ac
tions
; an
d a
coor
dina
ted
appr
oach
to
the
man
agem
ent
of t
he S
tate
’s w
ater
res
ourc
es.
The
se s
trat
egie
s ar
e im
plem
ente
d th
roug
h th
e D
OW
’s B
UW
M,
the
Sto
rmw
ater
Man
agem
ent
Man
ual,
the
SW
Reg
iona
l Wat
er P
lan,
Wat
er A
lloca
tion
Pla
ns, D
OW
pos
ition
sta
tem
ents
and
pol
icie
s, a
nd D
OW
Wat
er Q
ualit
y P
rote
ctio
n N
otes
. W
hile
thes
e D
OW
inst
rum
ents
may
not
in th
emse
lves
gen
erat
e st
atut
ory
requ
irem
ents
for
LGA
’s, t
hey
are
impl
emen
ted
thro
ugh
WA
PC
SP
P2.
9 w
hich
is
an
adop
ted
polic
y un
der
Par
t 3
of t
he P
D A
ct t
o w
hich
LG
A’s
mus
t ha
ve d
ue r
egar
d.
It is
with
reg
ard
to S
PP
2.9
that
the
LP
S r
evie
w i
s re
com
men
ded
to in
corp
orat
e a
stor
mw
ater
man
agem
ent
plan
for
the
CO
B,
in a
ccor
danc
e w
ith t
he S
torm
wat
er M
anag
emen
t M
anua
l, an
d a
dist
rict
wat
er m
anag
emen
t str
ateg
y. A
s w
ell,
and
with
reg
ard
to S
PP
2.9,
the
loca
l pla
nnin
g sc
hem
e is
rec
omm
ende
d to
est
ablis
h pr
ovis
ions
for
a lo
cal w
ater
m
anag
emen
t stra
tegy
. It
is a
lso
reco
mm
ende
d th
at in
tim
e th
e C
OB
ado
pts
a LP
P a
nd a
sup
port
ing
engi
neer
ing
polic
y or
gui
delin
e fo
r an
inte
grat
ed
appr
oach
to w
ater
man
agem
ent.
It is
rec
omm
ende
d th
at t
he L
PS
and
sch
eme
revi
ews
also
ref
lect
the
loc
al a
rea
man
agem
ent
zone
s id
entif
ied
in t
he S
W G
roun
dwat
er A
reas
A
lloca
tion
Pla
n an
d th
at t
he r
evie
ws
are
cond
ucte
d w
ith r
egar
d to
the
sup
port
ing
info
rmat
ion
in t
he W
ater
Allo
catio
n P
lans
and
Wat
erw
ays
and
Wet
land
s M
anag
emen
t Pla
ns.
DO
W’s
Int
erim
Dra
inag
e an
d W
ater
Man
agem
ent
Pos
ition
Sta
tem
ent:
Con
stru
cted
Lak
es P
olic
y pr
ovid
es g
uida
nce
rega
rdin
g th
e co
nstr
uctio
n of
la
kes
and
is r
ecom
men
ded
for
cons
ider
atio
n in
the
asse
ssm
ent
of s
truc
ture
pla
ns,
subd
ivis
ion
and
DA
’s,
prep
arat
ion
of th
e LP
S a
nd L
PP
F.
DO
W’s
F
ores
hore
Pol
icy
1 is
als
o re
leva
nt to
the
LPS
and
sch
eme
revi
ews.
Th
e C
OB
may
rec
onsi
der
how
it h
as d
eter
min
ed fo
resh
ore
area
s an
d w
ater
way
bu
ffers
in
acco
rdan
ce w
ith t
his
polic
y.
Whi
le n
ot b
eing
a s
tatu
tory
con
side
ratio
n fo
r th
e C
OB
, th
e D
OW
’s W
etla
nds
Pos
ition
Sta
tem
ent
may
be
rele
vant
to
the
prin
cipl
es a
nd o
bjec
tives
of
the
LPS
and
the
val
ues,
sig
nific
ance
and
cla
ssifi
catio
n of
wet
land
s.
The
Wat
er Q
ualit
y P
rote
ctio
n N
otes
se
ries
is r
elev
ant
to s
tatu
tory
pla
nnin
g de
cisi
on m
akin
g an
d th
e en
gine
erin
g op
erat
ions
. T
he n
otes
may
als
o re
view
ed a
s pa
rt o
f th
e LP
S i
n co
nsid
erin
g la
nd u
se a
ctiv
ities
and
wat
er r
esou
rce
prot
ectio
n is
sues
. DAF Guidelines
The
guid
elin
es o
f the
DA
F a
re n
ot r
elev
ant t
o th
e LP
S h
owev
er th
ey a
re u
sefu
l to
CO
B o
pera
tions
and
to th
e LP
PF.
Bul
letin
g 46
09 F
arm
Dam
s w
ould
be
rel
evan
t to
the
LPP
F in
the
even
t the
CO
B d
evel
oped
/rev
iew
ed it
s po
licy
on d
ams
or m
ade
a su
bmis
sion
to a
nei
ghbo
urin
g LG
A r
egar
ding
a p
olic
y on
dam
s.
It w
ould
als
o be
rel
evan
t to
stat
utor
y de
cisi
on m
akin
g in
the
asse
ssm
ent o
f DA
’s fo
r da
ms.
CO
B o
pera
tions
may
hav
e re
gard
to th
e W
eed
Pla
n fo
r WA
for l
and
and
wat
erw
ay m
anag
emen
t and
the
Aus
tral
ian
Wee
ds S
trat
egy.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
97 │
112
Whi
le n
ot a
sta
tuto
ry r
equi
rem
ent
it is
rec
omm
ende
d th
at t
he C
OB
ope
ratio
ns a
nd s
tatu
tory
pla
nnin
g ha
ve r
egar
d to
the
DA
F g
uide
lines
for
wee
d co
ntro
l pr
oced
ures
for
ext
ract
ive
indu
strie
s fo
r bo
th t
he C
OB
ope
ratio
ns a
nd i
n th
e as
sess
men
t of
DA
’s f
or e
xtra
ctiv
e in
dust
ries.
R
efer
to
thes
e re
com
men
datio
ns in
the
tabl
es b
elow
. DOH and Water Corporation Policies
Con
side
rabl
e re
gard
is h
ad to
the
DO
H’s
Dra
ft C
ount
ry S
ewer
age
Pol
icy
in d
ecis
ion
mak
ing
by b
oth
LGA
’s a
nd th
e W
AP
C in
spi
te o
f its
dra
ft fo
rmat
. Th
e W
ater
Cor
pora
tion’
s C
ount
ry T
owns
Sew
erag
e –
Sub
divi
sion
Pol
icy
is a
dopt
ed b
y th
e W
AP
C b
y re
fere
nce
in D
C P
olic
y 2.
2.
It is
not
ed th
at th
e D
OH
pol
icy
and
the
Wat
er C
orpo
ratio
n’s
polic
y ar
e al
mos
t ide
ntic
al.
Ther
efor
e, in
spi
te o
f the
DO
H p
olic
y be
ing
a dr
aft,
the
CO
B is
rec
omm
ende
d to
ha
ve r
egar
d to
the
pro
visi
ons
of b
oth
polic
ies
as t
houg
h ad
opte
d po
licy.
A
s su
ch,
the
polic
ies
are
rele
vant
to
the
LPS
and
sch
eme
give
n th
ey
influ
ence
lot s
izes
bas
ed o
n th
e pr
ovis
ion
of r
etic
ulat
ed s
ewer
age.
Ref
er to
the
tabl
es b
elow
for
a su
mm
ary
of th
e re
com
men
datio
ns r
elat
ing
to th
ese
polic
ies.
Th
e re
sear
ch r
ecom
men
datio
ns a
re p
rovi
ded
in t
he f
ollo
win
g ta
bles
for
sta
tuto
ry a
nd n
on-s
tatu
tory
mat
ters
. S
tatu
tory
rec
omm
enda
tions
are
tho
se
that
the
CO
B is
req
uire
d to
hav
e re
gard
too
in th
e LP
S r
evie
w.
Non
-sta
tuto
ry r
ecom
men
datio
ns a
re c
onsi
dere
d he
lpfu
l and
use
ful t
o th
e LP
S r
evie
w
how
ever
the
y ar
e no
t a
requ
irem
ent.
For
all
the
reco
mm
enda
tions
fur
ther
ref
eren
ce n
eeds
to
be m
ade
to t
he c
oncl
udin
g no
tes
and
the
rese
arch
ou
tcom
es ta
bles
to d
etai
l how
the
reco
mm
enda
tion
can
be a
chie
ved.
Statutory Recommendations
Statutory Instrument
Recommended Implementation
National
Greenhouse
and
Energy Reporting Act 2007
•
This
Act
mak
es a
n ob
ligat
ion
for
the
CO
B to
det
erm
ine
if, in
the
first
inst
ance
, it e
xcee
ds th
resh
old
leve
ls.
Environmental Protection Act
1986
•
Obl
igat
ions
and
rec
omm
enda
tions
aris
ing
from
the
EP
Act
are
dis
cuss
ed a
s re
com
men
datio
ns f
or E
PA
po
licie
s an
d gu
idel
ines
.
Heritage of Western Australia
Act 1990
•
LGA
’s a
re r
equi
red
to c
ompi
le a
nd m
aint
ain
a lo
cal h
erita
ge in
vent
ory
in a
ccor
danc
e w
ith th
e A
ct.
Planning and Development Act
2005
•
LPS
and
loc
al p
lann
ing
sche
me
to b
e pr
epar
ed in
acc
orda
nce
with
Tow
n P
lann
ing
Am
endm
ent
Reg
ulat
ions
19
99.
•
Loca
l pla
nnin
g sc
hem
e to
be
prep
ared
in a
ccor
danc
e w
ith T
P R
egul
atio
ns a
nd th
e M
ST.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
98 │
112
Statutory Instrument
Recommended Implementation
•
LPS
to
be d
evel
oped
with
reg
ard
to t
he G
BR
S S
ched
ule
2 en
viro
nmen
tal
cond
ition
s an
d en
viro
nmen
tal
man
agem
ent p
lans
.
•
LPS
to b
e re
view
ed w
ith r
egar
d to
the
GB
RS
floo
dpla
in m
anag
emen
t req
uire
men
ts o
f aut
horit
ies
for
river
s an
d th
e Le
sche
naul
t Est
uary
(G
BR
S F
lood
Pla
in M
anag
emen
t Pol
icy
2005
).
•
LPS
to
be
re
view
ed
with
re
gard
th
e ad
vice
an
d re
com
men
datio
ns
of
the
DO
W
(GB
RS
F
lood
P
lain
M
anag
emen
t Pol
icy
2005
).
•
LPS
and
loc
al p
lann
ing
sche
me
to a
ddre
ss f
lood
ris
k an
d sh
ow f
lood
frin
ge a
reas
(G
BR
S F
lood
Pla
in
Man
agem
ent P
olic
y 20
05).
•
LPS
& lo
cal p
lann
ing
sche
me
to b
e co
nsis
tent
with
obj
ectiv
es a
nd r
equi
rem
ents
of G
BR
S S
trat
egic
Min
eral
s &
B
asic
Raw
Mat
eria
ls R
esou
rce
Pol
icy
2005
.
•
LPS
to in
clud
e co
nsid
erat
ion
for
the
pote
ntia
l for
add
ition
al s
ensi
tive
land
use
s in
the
basa
lt ex
trac
tion
refe
rral
ar
ea &
the
pot
entia
l fo
r pr
ejud
ice
agai
nst
extr
actio
n.
Ref
erra
l &
lia
ison
with
DO
IR r
ecom
men
ded
(GB
RS
S
trat
egic
Min
eral
s &
Bas
ic R
aw M
ater
ials
Res
ourc
e P
olic
y 20
05).
EP
A
EP
P
Sw
an
Coa
stal
P
lain
s La
kes
Pol
icy,
199
2
•
LPS
to id
entif
y w
etla
nds
prot
ecte
d un
der
the
polic
y &
to r
efle
ct p
olic
y pr
ovis
ions
.
•
The
polic
y to
be
impl
emen
ted
in r
elat
ion
to m
anag
ing
drai
nage
, sto
rmw
ater
dis
char
ge, o
pen
spac
es &
res
erve
ar
eas.
EP
A
EP
P D
raft
Sta
te M
arin
e W
ater
s P
olic
y, 1
998
•
Rel
evan
t to
the
ass
essm
ent
of P
ort
Aut
horit
y ac
tiviti
es &
wor
ks i
mpa
ctin
g m
arin
e w
ater
s su
ch a
s br
idge
s,
mar
inas
, out
falls
and
pip
elin
es.
•
LPS
and
sch
eme
area
wou
ld n
ot i
nclu
de m
arin
e w
ater
s, h
owev
er i
t is
rec
omm
ende
d th
at t
he C
OB
giv
e co
nsid
erat
ion
in th
e LP
S to
ref
lect
ing
the
prin
cipl
es o
f pre
serv
ing,
enh
anci
ng a
nd p
rote
ctin
g th
e en
viro
nmen
tal
valu
es o
f the
Sta
te’s
mar
ine
wat
ers.
EP
A
SE
P D
raft
Am
bien
t A
ir P
olic
y,
•
This
pol
icy
wou
ld in
form
the
obje
ctiv
es a
nd p
rinci
ples
of t
he L
PS
.
•
Rel
evan
t to
the
ope
ratio
ns o
f th
e C
OB
rel
atin
g to
tra
nspo
rt,
was
te m
anag
emen
t, fir
e pl
anni
ng a
nd f
ire
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
99 │
112
Statutory Instrument
Recommended Implementation
2009
m
anag
emen
t.
•
Rel
evan
t to
2030
Tra
nspo
rt V
isio
n.
DO
H
Dra
ft C
ount
ry S
ewer
age
Pol
icy
Wat
er C
orpo
ratio
n W
A
Cou
ntry
To
wns
S
ewer
age
– S
ubdi
visi
on P
olic
y
•
LPS
and
sch
eme
to b
e de
velo
ped
with
reg
ard
to b
oth
polic
ies
part
icul
arly
for
lot
size
s ba
sed
on th
e pr
ovis
ion
of r
etic
ulat
ed s
ewer
age.
WA
PC
SP
P1
Sta
te
Pla
nnin
g F
ram
ewor
k P
olic
y
•
The
polic
y in
form
s th
e di
rect
ion,
obj
ectiv
es a
nd p
rinci
ples
of t
he L
PS
.
•
LPS
to b
e de
velo
ped
in a
ccor
danc
e w
ith p
olic
ies
and
stra
tegi
es a
dopt
ed u
nder
SP
P1.
WA
PC
SP
P2
Env
ironm
ent
and
Nat
ural
Res
ourc
es
•
This
pol
icy
wou
ld in
form
the
obj
ectiv
es a
nd p
rinci
ples
of
the
LPS
par
ticul
arly
the
env
ironm
ent
chap
ter
of t
he
LPS
.
•
LPS
and
loca
l pla
nnin
g sc
hem
e to
add
ress
:
•
Pro
tect
ion
of r
emna
nt v
eget
atio
n an
d ar
eas
of h
igh
biod
iver
sity
.
•
Lim
its to
veg
etat
ion
clea
ring.
•
Pre
serv
atio
n &
enh
ance
men
t of e
colo
gica
l cor
ridor
s.
•
Ass
ist t
o es
tabl
ish
cons
erva
tion
rese
rve
syst
em.
•
Sup
port
for m
easu
res
that
may
res
pond
to c
limat
e ch
ange
.
WA
PC
Th
e re
view
ed S
PP
2.4
is r
ecom
men
ded
for
impl
emen
tatio
n in
:
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
100
│ 1
12
Statutory Instrument
Recommended Implementation
SP
P2.
4 B
asic
Raw
Mat
eria
ls
•
The
LPS
rev
iew
thro
ugh:
•
Con
side
ratio
n of
the
appr
opria
tene
ss o
f ext
ract
ive
indu
strie
s an
d se
nsiti
ve la
nd u
ses.
•
Ass
essm
ent o
f lik
ely
dem
and
for
indu
stria
l lan
d / o
pera
tions
.
•
Sta
tuto
ry p
lann
ing
deci
sion
mak
ing
in th
e as
sess
men
t of P
ort A
utho
rity
activ
ities
.
WA
PC
SP
P2.
6 S
tate
Coa
stal
Pla
nnin
g
LPS
rev
iew
to id
entif
y:
•
Coa
stal
fore
shor
e re
serv
es.
•
Dev
elop
men
t set
back
for p
hysi
cal p
roce
sses
.
•
Are
as w
ithin
the
CO
B th
at re
quire
coa
stal
pla
nnin
g an
d/or
fore
shor
e m
anag
emen
t pla
ns.
Sch
eme
revi
ew to
:
•
Est
ablis
h pr
ovis
ions
for
coas
tal p
lann
ing
and/
or fo
resh
ore
man
agem
ent p
lann
ing
in a
reas
with
in th
e C
OB
.
•
To r
efle
ct b
uild
ing
heig
ht p
rovi
sion
s in
the
polic
y.
WA
PC
SP
P2.
7 P
ublic
Drin
king
Wat
er
Sou
rce
Sch
eme
revi
ew:
•
Iden
tify
publ
ic d
rinki
ng w
ater
sou
rce
area
s as
spe
cial
con
trol
are
as.
•
Dev
elop
pro
visi
ons
to c
orre
spon
d w
ith th
e sp
ecia
l con
trol a
reas
for r
efer
rals
to D
OW
.
WA
PC
SP
P2.
9 W
ater
Res
ourc
es
LPS
to:
•
Inco
rpor
ate
a st
orm
wat
er m
anag
emen
t pl
an f
or t
he C
OB
, in
acc
orda
nce
with
the
Sto
rmw
ater
Man
agem
ent
Man
ual.
•
Inco
rpor
ate
a di
stric
t wat
er m
anag
emen
t str
ateg
y in
acc
orda
nce
with
BU
WM
.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
101
│ 1
12
Statutory Instrument
Recommended Implementation
•
Ref
lect
loca
l are
a m
anag
emen
t zon
es id
entif
ied
in th
e S
W G
roun
dwat
er A
reas
Allo
catio
n P
lan.
•
Be
cond
ucte
d w
ith r
egar
d to
the
sup
port
ing
info
rmat
ion
in t
he W
ater
Allo
catio
n P
lans
and
Wat
erw
ays
and
Wet
land
s M
anag
emen
t Pla
ns.
•
Inco
rpor
ate
DO
W’s
For
esho
re P
olic
y 1
for t
he d
eter
min
atio
n of
fore
shor
e ar
eas
and
wat
erw
ay b
uffe
rs.
•
In a
ccor
danc
e w
ith S
ched
ule
1 of
SP
P2.
9
•
Map
wat
er r
esou
rces
.
•
Prio
ritis
e w
ater
res
ourc
es.
•
Det
erm
ine
setb
acks
.
•
Rec
ogni
se s
igni
fican
t res
ourc
es.
•
Map
cat
chm
ents
and
sub
cat
chm
ents
•
Iden
tify
envi
ronm
enta
l dat
a
•
Inco
rpor
ate
drin
king
wat
er p
rote
ctio
n pl
ans
•
Iden
tify
flood
plai
n ris
k
•
Iden
tify
deve
lopa
ble
and
unde
velo
pabl
e ar
eas
•
Pro
tect
PO
S
•
Iden
tify
inap
prop
riate
land
use
s
•
Set
obj
ectiv
es a
nd ta
rget
s fo
r w
ater
man
agem
ent.
Loca
l Pla
nnin
g S
chem
e to
:
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
102
│ 1
12
Statutory Instrument
Recommended Implementation
•
Ref
lect
the
prov
isio
ns o
f SP
P2.
9 S
ched
ule
1 fr
om th
e LP
S.
•
Est
ablis
h pr
ovis
ions
for
a lo
cal w
ater
man
agem
ent s
trat
egy
in a
ccor
danc
e w
ith B
UW
M.
•
Ref
lect
the
loca
l are
a m
anag
emen
t zon
es id
entif
ied
in th
e S
W G
roun
dwat
er A
reas
Allo
catio
n P
lan
•
Be
revi
ewed
with
reg
ard
to:
•
the
supp
ortin
g in
form
atio
n in
the
Wat
er A
lloca
tion
Pla
ns a
nd W
ater
way
s an
d W
etla
nds
Man
agem
ent P
lans
.
•
the
DO
W’s
Int
erim
Dra
inag
e an
d W
ater
Man
agem
ent
Pos
ition
Sta
tem
ent:
Con
stru
cted
Lak
es P
olic
y Th
e D
OW
’s F
ores
hore
Pol
icy
1 in
the
dete
rmin
atio
n of
fore
shor
e ar
eas
and
wat
erw
ay b
uffe
rs.
Sta
tuto
ry p
lann
ing
deci
sion
mak
ing
to i
ncor
pora
te D
OW
’s I
nter
im D
rain
age
and
Wat
er M
anag
emen
t P
ositi
on
Sta
tem
ent:
Con
stru
cted
Lak
es P
olic
y in
the
asse
ssm
ent o
f str
uctu
re p
lans
, sub
divi
sion
app
licat
ions
and
DA
’s.
LPP
F &
CO
B O
pera
tions
to
esta
blis
h a
LPP
and
a s
uppo
rtin
g en
gine
erin
g po
licy
or g
uide
line
in a
ccor
danc
e w
ith
BU
WM
and
the
DO
W’s
Inte
rim D
rain
age
and
Wat
er M
anag
emen
t Pos
ition
Sta
tem
ent:
Con
stru
cted
Lak
es P
olic
y.
WA
PC
SP
P3.
0 U
rban
G
row
th
and
Set
tlem
ent
Est
ablis
hes
obje
ctiv
es fo
r LP
S a
bout
how
the
built
env
ironm
ent s
houl
d de
velo
p.
This
pol
icy
is a
lso
rele
vant
to th
e N
eigh
bour
hood
s &
Act
ivity
Cen
tres
Str
ateg
y (D
raft)
.
WA
PC
SP
P3.
4 N
atur
al H
azar
ds
and
Dis
aste
rs
LPS
rev
iew
to:
•
Iden
tify
haza
rd c
onsi
dera
tions
.
•
Inco
rpor
ate
outc
omes
of a
ppro
pria
te s
tudi
es.
Sch
eme
revi
ew to
inte
grat
e ha
zard
miti
gatio
n m
easu
res
whe
re re
quire
d.
WA
PC
LP
S r
evie
w to
mak
e pr
ovis
ions
for:
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
103
│ 1
12
Statutory Instrument
Recommended Implementation
SP
P3.
6 D
evel
opm
ent
Con
trib
utio
ns fo
r Inf
rast
ruct
ure
•
Dev
elop
er c
ontr
ibut
ions
to b
e ch
arge
d in
acc
orda
nce
with
the
sche
me.
•
DC
P’s
for
over
and
abo
ve c
harg
es.
•
Con
side
ratio
n of
how
cha
rges
can
be
spen
t (e.
g. p
rote
ctin
g en
viro
nmen
tal a
sset
s).
Sch
eme
revi
ew to
incl
udin
g pr
ovis
ions
for d
evel
oper
con
trib
utio
ns a
s co
nditi
ons
on D
A’s
or
subd
ivis
ions
.
CO
B e
ngin
eerin
g op
erat
ions
str
ateg
ic i
nfra
stru
ctur
e pl
an i
s re
com
men
ded
to m
ake
prov
isio
n fo
r D
CP
and
ch
arge
s in
acc
orda
nce
with
SP
P3.
6.
WA
PC
SP
P4.
1 S
tate
Ind
ustr
ial
Buf
fer
(Dra
ft)
Buf
fer
area
s to
be
refle
ct in
the
sche
me.
WA
PC
DC
1.8
Can
al
Est
ates
an
d O
ther
A
rtific
ial
Wat
erw
ay
Dev
elop
men
ts
Sch
eme
revi
ew to
incl
ude:
•
Con
side
ratio
n of
the
nee
d fo
r S
peci
al U
se Z
one
to a
ccom
mod
ate
any
futu
re e
nvis
aged
arti
ficia
l w
ater
way
de
velo
pmen
t.
•
Fram
ewor
k fo
r de
velo
pmen
t app
rova
l for
art
ifici
al w
ater
way
dev
elop
men
t.
WA
PC
DC
2.2
Res
iden
tial S
ubdi
visi
on
Rec
omm
ende
d co
nsid
erat
ion
in th
e sc
hem
e re
view
to g
uide
lot s
izes
bas
ed o
n C
ount
ry T
owns
Sew
erag
e P
olic
y.
This
pol
icy
is a
lso
rele
vant
to th
e N
eigh
bour
hood
s &
Act
ivity
Cen
tres
Str
ateg
y (D
raft)
.
WA
PC
DC
2.3
Pub
lic O
pen
Spa
ce i
n R
esid
entia
l Are
as
LPS
rev
iew
to c
onsi
der
stra
tegi
c as
sess
men
t of P
OS
and
the
CO
B’s
obj
ectiv
es a
nd p
urpo
se fo
r P
OS
.
Sta
tuto
ry p
lann
ing
and
engi
neer
ing
oper
atio
ns a
re r
equi
red
to h
ave
rega
rd to
the
DC
2.3
in d
ecis
ion
mak
ing.
WA
PC
DC
3.7
Fire
Pla
nnin
g
LPS
to
in
clud
e fir
e ha
zard
as
sess
men
t in
ac
cord
ance
w
ith
DC
3.7
(and
th
e re
view
ed
PB
FP
) al
ong
with
co
nsid
erat
ion
whe
re re
leva
nt o
f the
pot
entia
l bio
dive
rsity
con
flict
s.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
104
│ 1
12
Statutory Instrument
Recommended Implementation
Sch
eme
map
to in
clud
e sp
ecia
l con
trol
are
as c
orre
spon
ding
to v
ario
us h
azar
d ar
eas
iden
tifie
d in
ass
essm
ent.
Sch
eme
to in
clud
e pr
ovis
ions
cor
resp
ondi
ng to
spe
cial
con
trol
are
as fo
r co
mpl
ianc
e w
ith th
e pe
rfor
man
ce c
riter
ia
in P
BFP
.
Bui
ldin
g de
part
men
t re
com
men
ded
to im
plem
ent
PB
FP
per
form
ance
crit
eria
in
acco
rdan
ce w
ith B
CA
for
are
as
iden
tifie
d as
med
ium
ris
k an
d gr
eate
r.
WA
PC
DC
4.2
Pla
nnin
g fo
r H
azar
ds
and
Saf
ety
This
pol
icy
is r
ecom
men
ded
for
cons
ider
atio
n:
•
In t
he a
sses
smen
t of
pro
posa
ls f
or h
azar
dous
ind
ustr
y (e
.g.
in t
he p
ort
that
are
ref
erre
d to
the
CO
B f
or
asse
ssm
ent)
.
•
In th
e as
sess
men
t of p
ropo
sals
that
invo
lve
stor
age
of d
ange
rous
goo
ds.
•
Res
ilien
t Bun
bury
Str
ateg
y.
•
Pla
nnin
g fo
r co
asta
l are
as a
s pa
rt o
f the
LP
S.
WA
PC
DC
6.1
Cou
ntry
C
oast
al
Pla
nnin
g
This
pol
icy
is r
ecom
men
ded
to in
form
the
obje
ctiv
es a
nd p
rinci
ples
of t
he L
PS
rev
iew
.
DC
6.1
is a
lso
reco
mm
ende
d to
info
rm:
•
Any
coa
stal
pla
nnin
g st
rate
gy p
repa
red
as p
art
of t
he L
PS
(in
acc
orda
nce
with
SP
P2.
6 to
ide
ntify
coa
stal
fo
resh
ore
rese
rves
and
dev
elop
men
t set
back
s fo
r phy
sica
l pro
cess
es).
•
Env
ironm
ent c
hapt
er o
f the
LP
S
•
Res
ilien
t Bun
bury
Str
ateg
y.
•
Eng
inee
ring
oper
atio
ns fo
r w
ater
qua
lity
man
agem
ent w
ith r
egar
d to
man
agin
g w
aste
and
sto
rmw
ater
.
•
Sch
eme
revi
ew w
ith r
egar
d to
inco
rpor
atin
g fr
amew
orks
for
info
rmat
ion
requ
ired
in s
uppo
rt o
f de
velo
pmen
t in
co
asta
l are
as e
.g. f
ores
hore
man
agem
ent p
lans
and
sta
biliz
atio
n re
habi
litat
ion
plan
s.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
105
│ 1
12
Statutory Instrument
Recommended Implementation
WA
PC
Live
able
Nei
ghbo
urho
ods
This
pol
icy
is r
ecom
men
ded
to in
form
the
obje
ctiv
es a
nd p
rinci
ples
of t
he L
PS
rev
iew
.
Pre
ston
In
dust
rial
Par
k (N
orth
ern
Pre
cinc
t)
Stru
ctur
e P
lan.
The
CO
B is
req
uire
d to
hav
e re
gard
to th
e P
rest
on In
dust
rial P
ark
(Nor
ther
n P
reci
nct)
Str
uctu
re P
lan.
Non-Statutory Recommendations
Non-Statutory Instrument
Recommended Implementation
National
Environment
Protection Council Act 1994
•
This
A
ct
prov
ides
no
n-st
atut
ory
envi
ronm
enta
l pr
inci
ples
an
d ob
ject
ives
th
at
are
reco
mm
ende
d fo
r co
nsid
erat
ion
in th
e LP
S.
The
Energy
Efficiency
Opportunities Act 2006
•
This
Act
mak
es a
n ob
ligat
ion
for
the
CO
B to
det
erm
ine
if, in
the
first
inst
ance
, it e
xcee
ds th
resh
old
leve
ls.
Biosecurity
and
Agriculture
Management Act 2007
•
CO
B m
ay c
hoos
e to
refle
ct a
ny m
anag
emen
t pla
ns fo
r th
e C
OB
in th
e lo
cal p
lann
ing
sche
me.
Bunbury
Treefarm
Project
Agreement Act 1995
•
CO
B m
ay c
hoos
e to
ref
lect
in
the
loca
l pl
anni
ng s
chem
e la
nd t
hat
has
been
sec
ured
und
er t
his
Act
for
tre
e fa
rmin
g.
Caravan Parks and Camping
Grounds Act 1995
•
The
LPS
to
cons
ider
exe
mpt
ing
from
the
req
uire
men
t fo
r pl
anni
ng a
ppro
val t
he d
evel
opm
ent
of c
arav
an p
ark
site
s fo
r pr
opos
als
that
are
in a
ccor
danc
e w
ith th
e in
tend
ed u
se o
f the
site
(e.
g. c
arav
an p
arks
, site
hom
es a
nd
addi
tions
ther
eto)
.
Contaminated Sites Act 2003
•
The
LPS
and
loc
al p
lann
ing
sche
me
may
ref
lect
kno
wn
cont
amin
ated
site
s co
nsis
tent
with
the
dat
abas
e of
cl
assi
fied
cont
amin
ated
site
s.
•
The
LPS
rev
iew
/loca
l pl
anni
ng s
chem
e m
ay a
lso
iden
tify
susp
ecte
d co
ntam
inat
ed s
ites
for
cons
ider
atio
n of
de
velo
pmen
t tha
t wou
ld r
esul
t in
mor
e se
nsiti
ve la
nd u
ses.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
106
│ 1
12
Non-Statutory Instrument
Recommended Implementation
•
The
LPS
rev
iew
/loca
l pla
nnin
g sc
hem
e m
ay id
entif
y pr
oces
ses
for
deal
ing
with
con
tam
inat
ed s
ites.
•
The
loca
l pla
nnin
g sc
hem
e m
ay in
clud
e pr
ovis
ions
that
pro
tect
env
ironm
enta
l val
ues
in th
e ca
ses
of s
ubse
quen
t de
velo
pmen
t of s
ites
of k
now
n or
pot
entia
l con
tam
inat
ion.
•
LPS
rev
iew
/loca
l pla
nnin
g sc
hem
e m
ay in
clud
e co
nsid
erat
ion
for
land
use
zon
ings
tha
t ap
prop
riate
ly s
epar
ate
inco
mpa
tible
land
use
s.
Control of Vehicles (Off-road
Areas) Act 1978
•
The
LPS
/loca
l pla
nnin
g sc
hem
e m
ay in
clud
e pr
ovis
ions
for
the
con
trol o
f of
f-roa
d ve
hicl
es in
res
erve
are
as t
o pr
otec
t env
ironm
enta
l val
ues.
Dog Act 1976
•
The
LPS
/loca
l pla
nnin
g sc
hem
e m
ay r
efle
ct c
ontro
l are
as a
nd a
ctiv
ities
thro
ugh
land
use
zon
es.
Emergency Management Act
2005
•
The
LPS
rev
iew
is to
be
info
rmed
by
the
CO
B E
mer
genc
y M
anag
emen
t Pla
n.
•
The
LPS
/loca
l pl
anni
ng s
chem
e is
rec
omm
ende
d to
mak
e pr
ovis
ion
for
cons
ider
atio
n of
ris
k as
sess
men
t fo
r em
erge
ncy
man
agem
ent
in s
ubdi
visi
on a
nd D
A a
sses
smen
t in
acc
orda
nce
with
loca
l em
erge
ncy
man
agem
ent
arra
ngem
ents
(s4
1(2)
).
Liquor Control Act 1988
•
Con
side
ratio
n of
PIA
’s i
s re
com
men
ded
for
the
LPS
rev
iew
, LP
PF
and
in p
lann
ing
deci
sion
mak
ing
for
the
asse
ssm
ent a
nd d
eter
min
atio
n of
pro
posa
ls fo
r lic
ense
d liq
uor
prem
ises
suc
h as
res
taur
ants
and
bot
tlesh
ops.
Planning and Development Act
2005
•
LPS
and
loc
al p
lann
ing
sche
me
to i
nclu
de p
rovi
sion
s fo
r pl
anni
ng r
equi
rem
ents
in
flood
frin
ge a
nd f
lood
ris
k ar
eas
(GB
RS
Flo
od P
lain
Man
agem
ent P
olic
y 20
05).
DE
WH
A
EP
BC
A
ct
polic
y st
atem
ent
3.10
-
Sig
nific
ant
impa
ct
guid
elin
es
for
the
vuln
erab
le
wes
tern
rin
gtai
l po
ssum
(Pseudocheirus occidentalis
) in
th
e so
uthe
rn
Sw
an
Coa
stal
P
lain
•
LPS
and
loca
l pla
nnin
g sc
hem
e ar
e re
com
men
ded
to r
efle
ct m
appi
ng o
f WR
P h
abita
t and
to m
ake
refe
renc
e to
th
resh
old
leve
ls fo
r im
pact
s to
this
spe
cies
.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
107
│ 1
12
Non-Statutory Instrument
Recommended Implementation
DE
WH
A
EP
BC
A
ct
Pol
icy
Sta
tem
ent
1.1
- S
igni
fican
t Im
pact
G
uide
lines
, M
atte
rs o
f N
atio
nal
Env
ironm
enta
l Sig
nific
ance
•
LPS
and
loc
al p
lann
ing
sche
me
are
reco
mm
ende
d to
ref
lect
map
ping
of
Car
naby
’s B
lack
Coc
kato
o ha
bita
t, W
RP
hab
itat
and
thre
shol
d le
vels
for
impa
cts,
and
are
as f
or t
hrea
tene
d lis
ted
plan
ts w
hich
may
incl
ude
area
s th
at p
oten
tially
sup
port
thes
e sp
ecie
s.
DE
WH
A
Dra
ft P
olic
y S
tate
men
t: U
se o
f en
viro
nmen
tal
offs
ets
unde
r th
e E
PB
C A
ct
•
Str
ateg
ic id
entif
icat
ion
of o
ffset
site
s, t
hrou
gh a
bio
dive
rsity
str
ateg
y or
LP
S,
to c
onso
lidat
e re
quire
men
ts f
or a
nu
mbe
r of
dev
elop
men
t pro
ject
s in
to a
few
hig
h pr
iorit
y na
tura
l are
as (W
AP
C 2
009
onlin
e p8
5).
EP
A
Bul
letin
110
8 G
BR
S
•
LPS
to r
efle
ct:
NA
S ta
rget
for
rete
ntio
n of
eco
logi
cal c
omm
uniti
es
Iden
tify
ecol
ogic
al li
nkag
es fo
r pr
otec
tion.
Loca
te d
evel
opm
ent i
n al
read
y cl
eare
d ar
eas.
•
Con
side
ratio
n to
be
give
n to
how
the
rec
omm
enda
tions
in B
ulle
tin 1
108
have
bee
n in
corp
orat
ed in
to p
lann
ing
deci
sion
mak
ing,
if th
e re
com
men
datio
ns a
re s
till r
elev
ant a
nd if
they
sho
uld
be c
aptu
red
in th
e LP
S r
evie
w.
EP
A
EP
B8
Sou
th
Wes
t R
egio
nal
Eco
logi
cal L
inka
ges
•
Res
erve
sys
tem
to
prot
ect
biod
iver
sity
val
ues
whi
ch w
ould
be
stre
ngth
ened
by
rete
ntio
n, r
esto
ratio
n an
d m
anag
emen
t of e
colo
gica
l lin
kage
s.
•
Reg
iona
l ec
olog
ical
lin
kage
s as
a k
ey e
nviro
nmen
tal
plan
ning
con
side
ratio
n in
fut
ure
plan
ning
, in
clud
ing
the
LPS
and
LP
PF.
•
A b
iodi
vers
ity ta
rget
of 3
0% fo
r eco
logi
cal c
omm
uniti
es.
•
Loca
tion
of d
evel
opm
ent i
n al
read
y cl
eare
d ar
eas.
•
SW
RE
L m
etho
dolo
gy.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
108
│ 1
12
Non-Statutory Instrument
Recommended Implementation
•
Con
side
ratio
n of
eco
logi
cal
linka
ge f
acto
rs i
n st
atut
ory
deci
sion
mak
ing
by,
amon
gst
othe
r fa
ctor
s, a
pply
the
S
WR
EL
map
ping
too
l to
the
CO
B’s
GIS
map
ping
sys
tem
for
act
ual
refe
rral
and
con
side
ratio
n of
eco
logi
cal
linka
ges
in s
tatu
tory
pla
nnin
g de
cisi
on m
akin
g.
EP
A
PS
2 E
nviro
nmen
tal
Pro
tect
ion
of
Nat
ive
Veg
etat
ion
in
WA
, 20
00
•
Targ
ets
for
biod
iver
sity
ret
entio
n pr
otec
tion
and
man
agem
ent
with
reg
ard
to t
arge
ts i
n C
omm
onw
ealth
and
S
tate
pol
icy.
EP
A
PS
4 E
nviro
nmen
tal
Pro
tect
ion
of W
etla
nds
•
Est
ablis
hes
LPS
dire
ctio
n, o
bjec
tives
and
goa
ls.
•
Ove
rall
goal
of n
o ne
t los
s of
wet
land
val
ues
and
func
tions
.
EP
A
PS
6 To
war
ds S
usta
inab
ility
•
Est
ablis
hes
LPS
dire
ctio
n, o
bjec
tives
and
goa
ls.
•
Rel
evan
t to
2030
Tra
nspo
rt V
isio
n
EP
A
PS
7 P
rinci
ples
of
E
nviro
nmen
tal P
rote
ctio
n
•
Est
ablis
hes
LPS
dire
ctio
n, o
bjec
tives
and
goa
ls.
EP
A
PS
8 E
nviro
nmen
tal
Pro
tect
ion
in
Nat
ural
R
esou
rce
Man
agem
ent
•
Est
ablis
hes
LPS
dire
ctio
n, o
bjec
tives
and
goa
ls.
•
Ove
rall
goal
of n
o ne
t los
s of
eco
logi
cal v
alue
s an
d fu
nctio
ns.
EP
A
PS
9 E
nviro
nmen
tal O
ffset
s
•
A p
olic
y ap
proa
ch fo
r en
viro
nmen
tal o
ffset
s sh
ould
the
CO
B c
onsi
der t
his
rele
vant
.
EP
A
•
LPS
to:
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
109
│ 1
12
Non-Statutory Instrument
Recommended Implementation
GS
3 S
epar
atio
n D
ista
nces
be
twee
n In
dust
rial
and
Sen
sitiv
e La
nd U
ses
Iden
tify
indu
stria
l and
sen
sitiv
e la
nd u
ses.
Inco
rpor
ate
cons
ider
atio
n of
the
pote
ntia
l im
pact
s an
d th
e ne
ed fo
r se
para
tion
dist
ance
s.
EP
A
GS
33 E
nviro
nmen
tal G
uida
nce
for P
lann
ing
and
Dev
elop
men
t
•
The
envi
ronm
ent
chap
ter
of t
he L
PS
to
inco
rpor
ate
broa
d pr
inci
ples
for
bio
dive
rsity
con
serv
atio
n, o
bjec
tives
to
prot
ect b
iodi
vers
ity a
nd id
entif
y en
viro
nmen
tal f
acto
rs fo
r th
e as
sess
men
t of a
sch
eme
or D
A.
EP
A
GS
40
Man
agem
ent
of
Mos
quito
es
by
Land
D
evel
oper
s
•
Con
side
ratio
n by
the
CO
B’s
hea
lth d
epar
tmen
t in
deci
sion
mak
ing.
DO
W
Wat
er Q
ualit
y P
rote
ctio
n N
otes
•
The
Wat
er Q
ualit
y P
rote
ctio
n N
otes
ser
ies
may
be
revi
ewed
as
part
of t
he L
PS
in c
onsi
derin
g la
nd u
se a
ctiv
ities
an
d w
ater
res
ourc
e pr
otec
tion
issu
es.
•
Eng
inee
ring
oper
atio
ns a
nd s
tatu
tory
pla
nnin
g re
com
men
ded
to u
se th
e no
tes
in c
onsi
derin
g la
nd u
se a
ctiv
ities
an
d w
ater
res
ourc
e pr
otec
tion
issu
es.
DO
W
Wet
land
s P
ositi
on S
tate
men
t
•
Con
side
r th
e st
atem
ent i
n es
tabl
ishi
ng th
e pr
inci
ples
and
obj
ectiv
es o
f the
LP
S a
nd th
e va
lues
, sig
nific
ance
and
cl
assi
ficat
ion
of w
etla
nds.
DA
F
Bul
letin
460
9 F
arm
Dam
s
•
The
bulle
tin t
o be
con
side
red
in t
he e
vent
the
CO
B d
evel
oped
/rev
iew
ed i
ts p
olic
y on
dam
s or
mad
e a
subm
issi
on to
a n
eigh
bour
ing
LGA
reg
ardi
ng a
pol
icy
on d
ams.
•
The
bulle
tin to
be
cons
ider
ed in
sta
tuto
ry d
ecis
ion
mak
ing
in th
e as
sess
men
t of D
A’s
for d
ams.
DA
F
Bul
letin
449
0 A
Wee
d P
lan
for
WA
•
CO
B o
pera
tions
to h
ave
rega
rd to
the
Wee
d P
lan
for W
A fo
r la
nd a
nd w
ater
way
man
agem
ent.
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
110
│ 1
12
Non-Statutory Instrument
Recommended Implementation
DA
F
The
Aus
tral
ian
Wee
ds S
trat
egy
•
CO
B o
pera
tions
to h
ave
rega
rd to
the
stra
tegy
for
land
and
wat
erw
ay m
anag
emen
t.
DA
F
Gui
delin
es
for
Wee
d C
ontr
ol
Pro
cedu
res
for
Ext
ract
ive
Indu
strie
s
•
CO
B o
pera
tions
and
sta
tuto
ry p
lann
ing
have
reg
ard
to t
he g
uide
lines
for
bot
h C
OB
ope
ratio
ns a
nd i
n th
e as
sess
men
t of D
A’s
for
extr
activ
e in
dust
ries.
WA
PC
Gui
delin
es H
olid
ay H
omes
•
Tour
ism
str
ateg
y to
info
rm th
e LP
S a
nd s
chem
e re
view
s &
pro
visi
ons
to b
e in
clud
ed in
the
sche
me
for
DA
’s fo
r ho
liday
hom
es.
WA
PC
Pla
nnin
g B
ulle
tin 6
4/20
09 A
cid
Sul
fate
Soi
ls
•
This
pol
icy
is r
ecom
men
ded
to in
form
the
obje
ctiv
es a
nd p
rinci
ples
of t
he L
PS
rev
iew
.
•
CO
B m
ay c
hoos
e to
sho
w o
n th
e sc
hem
e m
ap(s
) ac
id s
ulfa
te s
oils
ris
k ar
eas
and
inco
rpor
ate
a fra
mew
ork
for
DA
’s in
thes
e ris
k ar
eas.
WA
PC
Pla
nnin
g B
ulle
tin
56
Far
m
For
estr
y
•
LPS
rec
omm
ende
d to
inco
rpor
ate
stra
tegi
c id
entif
icat
ion
of f
arm
for
estr
y si
tes
with
reg
ard
to t
heir
suita
bilit
y in
ke
y vi
sual
land
scap
e ar
eas
and
alon
g tra
nspo
rt ro
utes
.
•
Sch
eme
to in
corp
orat
e a
fram
ewor
k fo
r sup
port
ing
info
rmat
ion
for
DA
’s s
ubm
itted
for
farm
fore
stry
.
•
LPP
F t
o ad
dres
s is
sues
ass
ocia
te w
ith f
arm
for
estr
y su
ch a
s ro
ad u
pgra
de c
ontr
ibut
ions
and
a t
rans
port
st
rate
gy.
WA
PC
Pla
nnin
g B
ulle
tin
67
G
uide
lines
fo
r W
ind
Far
m
Dev
elop
men
t
•
Sho
uld
CO
B c
onsi
der
win
d fa
rms
a re
leva
nt is
sue
it is
rec
omm
ende
d th
at t
he L
PS
con
side
r st
rate
gic
loca
tions
fo
r w
ind
farm
s.
•
The
sche
me
to d
efin
e an
d pr
ovid
e a
fram
ewor
k fo
r D
A’s
for
win
d fa
rms,
man
agem
ent
plan
ning
and
tra
nspo
rt st
rate
gies
.
WA
PC
•
Whi
le n
ot a
sta
tuto
ry r
equi
rem
ent n
or a
n is
sue
that
has
spe
cific
ally
bee
n ad
dres
sed
in th
ese
WA
PC
pol
icie
s, th
e C
OB
is r
ecom
men
ded
to in
corp
orat
e cl
imat
e ch
ange
ada
ptat
ion
as p
art o
f a c
oast
al p
lann
ing
stra
tegy
, or
as a
n
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
111
│ 1
12
Non-Statutory Instrument
Recommended Implementation
SP
P2.
6 S
tate
Coa
stal
Pla
nnin
g
SP
P3.
4 N
atur
al H
azar
ds
and
Dis
aste
rs
DC
6.1
Cou
ntry
C
oast
al
Pla
nnin
g
DC
4.2
Pla
nnin
g fo
r H
azar
ds
and
Saf
ety
inde
pend
ent s
tudy
, to
info
rm th
e LP
S r
evie
w.
WA
PC
Sou
th W
est F
ram
ewor
k
•
LPS
and
loca
l pla
nnin
g sc
hem
e to
mak
e pr
ovis
ions
for:
No
furth
er c
lear
ing
of n
ativ
e ve
geta
tion.
Est
ablis
h a
targ
et fo
r re
tent
ion
of v
eget
atio
n an
d pr
ogra
ms
that
res
ult i
n a
net g
ain
of v
eget
atio
n ac
ross
the
regi
on
with
ado
ptio
n of
targ
ets
to m
easu
re s
ucce
ss.
Iden
tific
atio
n of
hab
itat p
rote
ctio
n ar
eas,
bio
dive
rsity
cor
ridor
s an
d re
gion
ally
sig
nific
ant v
eget
atio
n.
Mea
sure
s to
pre
serv
e ar
eas
of S
tate
and
reg
iona
l sig
nific
ance
in th
e ex
istin
g ur
ban
foot
prin
t or
urba
n zo
ne.
2010
Bio
dive
rsity
Tar
get
Nat
iona
l O
bjec
tives
an
d Ta
rget
s fo
r B
iodi
vers
ity
Con
serv
atio
n 20
01-2
005
EP
A’s
PS
2
•
LPS
and
loca
l pla
nnin
g sc
hem
e re
com
men
ded
to r
efle
ct th
e na
tiona
l tar
get f
or b
iodi
vers
ity r
eten
tion,
pro
tect
ion
and
man
agem
ent
whi
ch is
to
have
cle
arin
g co
ntro
ls in
pla
ce t
o pr
even
t th
e re
mov
al o
f ec
olog
ical
com
mun
ities
w
ith a
n ex
tent
bel
ow 3
0% o
f tha
t pre
sent
bef
ore
1750
.
CO
B
Res
iden
tial
&
Mix
ed
Bus
ines
s Zo
ned
Land
Inte
rfac
e •
With
co
nsid
erat
ion
of
the
conf
lict
betw
een
Res
iden
tial
and
Mix
ed
Bus
ines
s zo
ned
land
, th
e LP
PF
is
Loca
l Pla
nnin
g S
chem
e R
evie
w R
epor
t
City
of B
unbu
ry
112
│ 1
12
Non-Statutory Instrument
Recommended Implementation
reco
mm
ende
d to
be
prep
ared
with
:
due
rega
rd to
the
subs
idia
ry le
gisl
atio
n un
der
the
EP
Act
45;
EP
A G
S 3
Sep
arat
ion
Dis
tanc
es b
etw
een
Indu
stria
l and
Sen
sitiv
e La
nd U
ses;
SP
P 4
.1 –
Sta
te In
dust
rial B
uffe
r P
olic
y;
cons
ider
atio
n of
the
land
use
con
flict
s th
at a
rise
at th
e in
terf
ace
betw
een
resi
dent
ial &
mix
ed b
usin
ess,
city
cen
tre,
sh
oppi
ng c
entr
e, p
lace
of a
ssem
bly
& s
ervi
ce s
tatio
n zo
ned
land
in th
e C
OB
; &
the
likel
ihoo
d of
thes
e la
nd u
se c
onfli
cts
havi
ng s
tron
g im
plic
atio
ns to
the
wel
lbei
ng o
f the
com
mun
ity a
s de
fined
&
requ
ired
to b
e ad
dres
sed
unde
r th
e D
raft
Pub
lic H
ealth
Bill
200
946.
Bun
bury
C
omm
unity
S
afet
y an
d C
rime
Pre
vent
ion
Pro
gram
Ju
ly 2
008
– Ju
ne 2
013
•
The
CO
B s
houl
d en
sure
pol
icie
s ar
e de
velo
ped
with
reg
ard
to t
he B
unbu
ry C
omm
unity
Saf
ety
and
Crim
e P
reve
ntio
n P
rogr
am J
uly
2008
– J
une
2013
, to
be in
form
ed a
bout
the
plan
& c
onsi
der
cons
iste
ncy
with
the
goal
&
obj
ectiv
es o
f the
pla
n w
hen
mak
ing
plan
ning
dec
isio
ns.
Bun
bury
A
lcoh
ol
Acc
ord
Pol
icy,
Sep
tem
ber 2
008
•
Whi
le t
he B
unbu
ry A
lcoh
ol A
ccor
d P
olic
y, S
epte
mbe
r 20
08 i
s no
t co
nsid
ered
to
dire
ctly
rel
ate
to t
he L
PS
, it
wou
ld b
e pr
uden
t for
the
CO
B to
ens
ure
polic
ies
are
deve
lope
d w
ith r
egar
d to
the
acco
rd, t
o be
info
rmed
abo
ut
the
acco
rd &
to s
eek
cons
iste
ncy
with
the
goal
s &
obj
ectiv
es o
f the
acc
ord
whe
n m
akin
g pl
anni
ng d
ecis
ions
.
45
R
efer
to th
e ‘W
A L
egis
latio
n’.
46
Ref
er to
‘Em
ergi
ng Is
sues
/Tre
nds’
.