Lot 100 Bunning Boulevarde East Bunbury, WA and Building/Scheme...Amendment 78 to City of Bunbury...

City of Bunbury Town Planning Scheme No. 7 Scheme Amendment 78

Form No. 1C Appendix A, Town Planning Regulations 1967

Planning and Development Act 2005 (as amended)

RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME

City of Bunbury Town Planning Scheme No. 7

RESOLVED that the local government, in pursuance of section 75 of the Planning and Development Act 2005 (as amended), amend the above Local Planning Scheme by:

(a) amending the Scheme Text by inserting the following land use definitions within Schedule 1 - Dictionary of Defined Words and Expressions:

(i) “Single bedroom dwelling” has the same meaning as in the Residential Design Codes,

(ii) “Ancillary dwelling” has the same meaning as in the Residential Design Codes;

(b) amending the table under “Schedule 2 – Special Use Zones” of the Scheme Text by inserting provisions for “Special Use Zone No. 61 - Local Centre” and “Special Use Zone No. 62 - Mixed Use Frame”; and

(c) amending the Scheme Map by:

(i) deleting the “Development Investigation Policy Area” Special Control Area from Lot 100 Bunning Boulevard on the Scheme Map,

(ii) rezoning part of the land included in Lot 100 Bunning Boulevard from “Residential Zone” with a residential density coding of “R20” and “No Zone” to “Special Use Zone - Local Centre” (S.U.61) depicted over that portion of Lot 100 Bunning Boulevard in accordance with the Scheme Amendment Map, and

(iii) rezoning part of the land included in Lot 100 Bunning Boulevard from “Residential Zone” with a residential density coding of “R20” to “Special Use Zone - Mixed Use Frame” (S.U.62) depicted over that portion Lot 100 Bunning Boulevard in accordance with the Scheme Amendment Map.

Dated this...........................10th.............day of........March............................2015 ............................................................ (Chief Executive Officer.)

City of Bunbury Page i

City of BunburyTown Planning Scheme No.7

Amendment 78

Lot 100 Bunning BoulevardeEast Bunbury, WA

Prepared for

Hornell Nominees

January 2016

Amendment 78 to City of Bunbury Town Planning Scheme No.7 Lot 100 Bunning Boulevard, East Bunbury

Copyright Statement 2016 © Planning Solutions (Aust) Pty Ltd All rights reserved. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of this report may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic or otherwise, without the prior written permission of Planning Solutions (Aust) Pty Ltd. No express or implied warranties are made by Planning Solutions (Aust) Pty Ltd regarding the information and analysis contained in this report. In particular, but without limiting the preceding exclusion, Planning Solutions (Aust) Pty Ltd will not verify, and will not assume responsibility for, the accuracy and completeness of information provided to us. This report has been prepared with particular attention to our Client’s instructions and the relevant features of the subject site. Planning Solutions (Aust) Pty Ltd accepts no liability whatsoever for: 1. a third party’s use of, or reliance upon, this report; 2. use of, or reliance upon, this report in relation to any land other than the subject site; or 3. the Client’s implementation, or application, of the strategies recommended in this report. Direct all inquiries to: PLANNING SOLUTIONS (AUST) PTY LTD 296 Fitzgerald Street PERTH WA 6000 ALL CORRESPONDENCE TO: PO Box 8701 PERTH BUSINESS CENTRE WA 6849 Phone: 08 9227 7970 Fax: 08 9227 7971 E-mail: [email protected] Web: www.planningsolutions.com.au

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http://www.planningsolutions.com.au/


Project details

Job number 2382

Client Hornell Nominees Pty Ltd

Prepared by Planning Solutions

Document control

Revision number File name Document date

Rev 0 140903 2382 Scheme Amendment Report.docx

3 September 2014

Rev 1 160115 2382 Scheme Amendment Report (Rev 1 - for advertising).docx

15 January 2016

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Contents

1 Preliminary .................................................................................................................... 1 1.1 Introduction ............................................................................................................................. 1

2 Background ................................................................................................................... 2

3 Site details ..................................................................................................................... 3 3.1 Land description ...................................................................................................................... 3 3.2 Location ................................................................................................................................... 3 3.2.1 Regional context ...................................................................................................................... 3 3.2.2 Local context ............................................................................................................................ 3 3.3 Land use and topography ........................................................................................................ 4

4 Proposed Scheme Amendment ...................................................................................... 8

5 Strategic Planning Framework ........................................................................................ 9 5.1 State Planning Strategy 2050 .................................................................................................. 9 5.2 Greater Bunbury Strategy ....................................................................................................... 9 5.3 Activity Centres for Greater Bunbury Policy............................................................................ 9 5.4 Local Planning Strategy for Activity Centres and Neighbourhoods....................................... 10

6 Statutory Planning Framework ..................................................................................... 12 6.1 Greater Bunbury Region Scheme .......................................................................................... 12 6.2 City of Bunbury Town Planning Scheme No. 7 ...................................................................... 14 6.2.1 TPS7 aims ............................................................................................................................... 14 6.2.2 Zoning .................................................................................................................................... 14 6.2.3 Structure Plans ...................................................................................................................... 16 6.3 City of Bunbury Local Planning Scheme No.8 ........................................................................ 17 6.4 State Planning Policies ........................................................................................................... 17 6.4.1 State Planning Policy No. 3 – Urban Growth and Settlement ............................................... 17 6.5 Liveable Neighbourhoods ...................................................................................................... 18 6.6 Other approvals and decisions .............................................................................................. 19 6.6.1 Medical Centre ...................................................................................................................... 19 6.6.2 Scheme Amendment 11 – Mixed Business ........................................................................... 19 Figures Figure 1: Regional context Figure 2: Local context Figure 3: Aerial photo Figure 4: Existing zoning – Greater Bunbury Region Scheme Figure 5: Existing zoning – Town Planning Scheme No.7 Appendices Appendix 1: Certificate of Title

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1. Preliminary

1.1 Introduction Planning Solutions acts on behalf of Hornell Nominees Pty Ltd, the registered proprietor Lot 100 Bunning Boulevard, East Bunbury (subject site). This report has been prepared in support of Amendment 78 to the City of Bunbury (City) Town Planning Scheme No. 7 (TPS7) to facilitate the development of a local centre with an associated mixed use frame on the subject site. This report will discuss various issues pertinent to the proposal, including:

· Background

· Site details.

· Explanation of Amendment 78.

· Justification in support of the Scheme Amendment with consideration given to applicable statutory and strategic planning instruments.

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2. Background Lot 71 Bunning Boulevard, East Bunbury (which comprises a portion of the subject site) was created when Sandridge Road was constructed in the late 1970s. This occurred at the time the nearby Sandridge Park was subdivided and the Bunbury Forum Shopping Centre built. Lot 71 was purchased by the subject site’s current owner, being Hornell Nominees Pty Ltd, on 19 August 1980. At the time, Lot 71 was zoned ‘Special Site Motel’ under former Town Planning Scheme No. 5 (TPS5). Under the draft Town Planning Scheme No.6 (TPS6) documents were advertised for public comment, Lot 71 was designated the same zoning under TPS5; however, the final version of TPS6 (Gazetted 6 April 1984) zoned Lot 71 as ‘Residential R15’. The landowner was not advised of or provided any reasons for the zoning change from the draft TPS6 to the gazetted TPS6. In 1987 approval was obtained for a medical centre to be accommodated upon Lot 71; however, the approval was not acted on. The City’s 1995 Planning Strategy identified Lot 71 as ‘Mixed Business’. During the public consultation period. Concern was expressed, without foundation, about the land being redeveloped as a transport depot. It was submitted during the consultation process a depot would adversely impact upon adjoining residential amenity. At the time, the City of Bunbury Council report on the matter noted Lot 71 was ideally suited for commercial development, but adjoining residential interface issues required resolution. Accordingly, the zoning of Lot 71 under TPS7 (gazetted 13 December 2002) remained ‘Residential ‘R15’, but with an additional designation of ‘Development Investigation Policy Area’. Clause 6.2.1.1 of TPS7 stated:

Development Investigation Policy Areas, as depicted on the Scheme Maps, are designated for further strategic planning and investigations in relation to land use options, environmental issues, servicing requirements, transportation infrastructure needs, landscaping and design guidelines.

In 2005, the City initiated Amendment 11 to TPS7 to rezone Lot 71 to ‘Mixed Business’ and ‘Residential R40’. Despite Amendment 11 being granted final approval by the Council, it was subsequently refused by the Minister for Planning on 3 November 2008. In 2005, application was made to close the unused portion of the Picton Road reserve, and its amalgamation with Lot 71. The road closure and amalgamation was subsequently progressed, and in 2012 a title was issued for the subject site comprising Lot 71 and the road reserve as a single title. This new title comprised Lot 100, being the whole of the subject site the subject of this Scheme Amendment.

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3. Site details

3.1 Land description The subject site is legally described as “Lot 100 on Deposited Plan 66615”, being the whole of the land contained within Certificate of Title Volume 2793 and Folio 187. The subject site has a total area of 9,615m². Refer Appendix 1 for a copy of the Certificate of Title.

3.2 Location 3.2.1 Regional context The subject site is situated within the municipality of the City, within the suburb of East Bunbury. In relation to nearby activity centres, the subject site is located approximately:

· 2.5 kilometres southeast of Bunbury’s central business district (CBD).

· On the edge of the south-eastern extremity of the Bunbury regional centre, comprising the CBD and its associated mixed business area which extend along the Blair Street/Sandridge Road corridor.

· 500 metres west of the Bunbury Forum district centre.

· 350 metres north of the Bunbury Passenger Terminus.

The subject site is located on the southeast corner of the intersection of Sandridge Road and Picton Road, with strong regional transport links:

· Sandridge Road links the CBD with the Eelup Rotary, providing a direct link between the CBD and the Forrest Highway connecting to the localities of Australind and Eaton in the greater Bunbury Region.

· Picton Road links to the South West Highway with links to the eastern and southern areas of the greater Bunbury region. Picton Road extends north to King Road, with connection into the northern part of East Bunbury.

The subject site has direct frontage to Bunning Boulevard, which connects to the residential areas within the Sandridge residential estate south of Sandridge Road and the Bunbury Catholic College. Refer Figure 1, regional context. 3.2.2 Local context The subject site is bounded by and has frontage to four streets, being Sandridge Road, Picton Road, Bunning Boulevard and Duncan Way. No other lot or development site directly abuts with the subject site. Refer Figure 2, local context.

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3.3 Land use and topography The subject site is presently vacant, generally flat and contains no significant rare or endangered remnant vegetation or trees. The subject site is bounded by roads fronted by single residential dwellings to the south and east at a prevailing low residential density. To the north and opposite Sandridge Road is low-density residential. Mixed business land uses and developments are located to the west and northwest, opposite Picton Road and Sandridge Road respectively. Refer Figure 3, aerial photo.

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4. Proposed Scheme Amendment Amendment 78 seeks to amend TPS7 to facilitate the development of a local centre with mixed uses framing the local centre on the subject site. The Council’s decision at its ordinary meeting held on 3 March 2015 was to amend the TPS7 by:

(a) amending the Scheme Text by inserting the following land use definitions within Schedule 1 - Dictionary of Defined Words and Expressions:

(i) “Single bedroom dwelling” has the same meaning as in the Residential Design Codes,

(ii) “Ancillary dwelling” has the same meaning as in the Residential Design Codes;

(b) amending the table under “Schedule 2 – Special Use Zones” of the Scheme Text by inserting provisions for “Special Use Zone No. 61 - Local Centre” and “Special Use Zone No. 62 - Mixed Use Frame”; and

(c) amending the Scheme Map by:

(i) deleting the “Development Investigation Policy Area” Special Control Area from Lot 100 Bunning Boulevard on the Scheme Map,

(ii) rezoning part of the land included in Lot 100 Bunning Boulevard from “Residential Zone” with a residential density coding of “R20” and “No Zone” to “Special Use Zone - Local Centre” (S.U.61) depicted over that portion of Lot 100 Bunning Boulevard in accordance with the Scheme Amendment Map, and

(iii) rezoning part of the land included in Lot 100 Bunning Boulevard from “Residential Zone” with a residential density coding of “R20” to “Special Use Zone - Mixed Use Frame” (S.U.62) depicted over that portion Lot 100 Bunning Boulevard in accordance with the Scheme Amendment Map.

Full details of the provisions proposed within the Special Use zones is contained in the amending pages of this Scheme Amendment.

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5. Strategic Planning Framework

5.1 State Planning Strategy 2050 The Western Australian Planning Commission’s (WAPC’s) State Planning Strategy 2050 (SPS) is the principal strategic planning document for future planning and development in Western Australia. The SPS champions the coordination of economy and infrastructure, with the ultimate aim of providing a state capable of accommodating growth within a compact city. The Scheme Amendment is considered to meet the objectives of the SPS, by facilitating the development of employment-generating commercial uses and increasing the residential density through the infill development of an existing urban area.

5.2 Greater Bunbury Strategy The WAPC’s Greater Bunbury Strategy (GBS) provides the high level strategic plan designed to guide urban, industrial and regional land use planning and associated infrastructure delivery in the Greater Bunbury sub-region. The GBS acts as a guide for land uses to accommodate anticipated population growth in the Greater Bunbury sub-region. A population of 150,000 people is anticipated to be accommodated within the Greater Bunbury sub-region urban zones, through compacted and connected urban form. Importantly, the GBS advocates the provision of a mix of land uses within activity centres, including an increase in the number of dwellings and range of housing types. Land use diversity within new and existing activity centres is a requirement of the WAPC for adoption and endorsement. Included in the GBS is the Greater Bunbury Sub-Regional Structure Plan, intended to be used as a broad land use plan. The subject site is identified as Urban Developed Land – Land currently zoned urban and is developed. The GBS advocates infill development in areas of existing developed land. The GBS advocates the expansion of well linked centres, with integrated road systems considered a necessary prerequisite for providing connectivity between residential and employment lands. The subject site is in a unique location, conveniently located at the intersection of two major arterial roads within the greater Bunbury region, providing an appropriate location for a well-linked local centre. The Scheme Amendment intends to allow for more intensive development within the subject site, in line with the intent of the Urban Developed Land areas, and the general aims of the GBS. It is expected the Scheme Amendment will also act as a catalyst to the redevelopment and intensification of residential development in the areas adjacent to the subject site, and more broadly in the East Bunbury locality.

5.3 Activity Centres for Greater Bunbury Policy The WAPC’s Activity Centres for Greater Bunbury Policy (Activity Centres Policy) specifies broad planning requirements for the planning and development of activity centres within the Greater Bunbury Region. The focus of the Activity Centres Policy is the distribution, function, broad land use and urban design of activity centres, intended to encourage and consolidate residential and commercial development in activity centres.

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The Activity Centres Policy includes provisions for higher-order activity centres, including neighbourhood centres. There are no specific provisions applicable to a local centre.

5.4 Local Planning Strategy for Activity Centres and

Neighbourhoods The City of Bunbury Local Planning Strategy for Activity Centres and Neighbourhoods (LPSACN) is the City’s integrated strategy for both activity centres and residential neighbourhoods. The principal aim of the LPSACN is:

To facilitate a network of mutually supportive residential neighbourhoods and activity centres that contribute to the economic, social and environmental sustainability of the City of Bunbury.

The LPSACN included a trend-based estimate of future demand for dwelling units by dwelling type; it stated:

The number of dwellings that are either semi-detached/ row/ terrace houses, or flats/ units/ apartments is projected to increase fairly significantly from 3,233 units (24% of the total) in 2006 to 5,091 units (31% of the total) by 2026.

The Scheme Amendment permits the development of grouped dwellings and multiple dwellings on the subject site. The LPSACN established a hierarchy of activity centres in the City, including a regional centre, two district centres, two neighbourhood centres, 19 local centres and three mixed business areas. The subject site is specifically identified on the LPSACN’s Strategy Map as ‘Bunning Boulevard’, a local centre. A footnote in the LPSACN specific to the Bunning Boulevard local centre stated:

The potential for a new local centre at this location is dependent upon the vacant Lot 71 at the SE corner of Picton and Sandridge Roads being developed for medium/ high density residential purposes. The local centre could then be integrated at an appropriate location within this development.

The Scheme Amendment facilitates the development of a local centre and associated residential in a mixed use frame, consistent with the intent of the LPSACN. The manner in which the local centre and mixed use frame will be delivered is addressed in a Structure Plan prepared separately for the subject site. The LPSACN suggested residential densities of R40-R80 in walkable catchments of inner activity centres. The Scheme Amendment for a density of:

· R100 in the Local Centre (Special Use Zone No. 61).

· R60 in the Mixed Use Frame (Special Use Zone No. 62).

The densities proposed are therefore consistent with the LPSACN. It is not within the scope of this Scheme Amendment to consider the application of residential densities outside of the subject site. It is expected this will occur through the Scheme review process. The City’s officers provided the following comments in their report to the Council meeting held on 3 March 2015:

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…with intensification of land uses occurring in association with a new activity centre, consideration will need to be given (in finalisation of LPS8) to extending the mixed use frame area from that currently proposed in the Scheme Amendment to include properties on the opposite side of Duncan Way and Bunning Boulevard and up-coding the existing residential densities in order to mitigate impacts of the proposed local centre by establishing a more compatible interface along the edges of the “Residential Zone”.

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6. Statutory Planning Framework

6.1 Greater Bunbury Region Scheme The subject site is within the area subject to the Greater Bunbury Region Scheme (GBRS), a region planning Scheme adopted under the provisions of the Planning and Development Act 2005, the purpose of which is to:

· provide for the reservation and protection of land for regional transport, conservation, recreation and public uses;

· provide for the zoning of land for living, working and rural land uses;

· provide a mechanism for landowners to be compensated in a fair and equitable manner where land is reserved for a public purpose;

· provide an opportunity for the formal environmental assessment of regional planning proposals and provide increased certainty to such proposals;

· provide a mechanism for certain development of regional significance, and development in areas of regional significance, to be considered and approved by the Commission; and,

· identify and protect land having strategic importance for industrial and future urban use.

The main portion of the subject site is zoned Urban under the provisions of the GBRS. The purpose of the ‘Urban’ Zone is “to provide for residential development and associated local employment, recreation and open space, shopping, schools, and other community facilities.” The Scheme Amendment is consistent with the purpose of the Urban zone. The balance of the subject site, being the land adjacent to Sandridge Road and Picton Road, is reserved for Other Regional Roads pursuant to the GBRS. Refer Figure 4 – Existing zoning – Greater Bunbury Region Scheme. On 21 October 2015, the Department of Planning published notice of proposed amendment 0040/57 to the GBRS (omnibus amendment), to transfer that portion of the subject site which is reserved for Other Regional Roads to the Urban zone. Advertising of the omnibus amendment concludes 18 December 2015. Council, at its ordinary meeting held on 3 March 2015 resolved that:

In accordance with clause (3) and (4) of section 126 of the Planning and Development Act 2005, notify the Western Australian Planning Commission that subject to the gazettal of Scheme Amendment 78, to effect the automatic rezoning of the portion of Lot 100 Bunning Boulevard included in the “Other Regional Roads Reserve” to “Special Use Zone No. 61 - Local Centre”, at the time of finalising any omnibus amendment to the Greater Bunbury Region Scheme.

If the omnibus amendment is gazetted prior to finalisation of Amendment 78, it would be appropriate for Amendment 78 to be modified to incorporate the land the subject of the omnibus amendment.

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6.2 City of Bunbury Town Planning Scheme No. 7 6.2.1 TPS7 aims The subject site falls within the land subject to TPS7. The general aim of TPS7 is:

to plan for the efficient and equitable use of land with due regard to the community needs and aspirations for quality of life and the environment.

The proposed Scheme Amendment is consistent with the general aim of TPS7. 6.2.2 Zoning The portion of the subject site which is not reserved under the GBRS is zoned Residential R20 pursuant to TPS7, with a Development Investigation Policy Area overlay. Refer to Figure 5 – Existing zoning – Town Planning Scheme No.7. Pursuant to clause 4.2.1.1 of TPS7, the broad objectives of the Residential zone is:

To accommodate a range of residential uses and provide for residential development at a range of densities to meet the needs of different household types thereby providing a choice in housing styles and lifestyle opportunities.

Under clause 6.2.2 of TPS7, the purpose of Development Investigation Policy Areas are:

(a) To designate areas requiring further strategic planning and investigations in relation to land use options, environmental issues, servicing infrastructure requirements, transportation infrastructure needs, landscaping and urban design guidelines.

(b) To identify areas requiring comprehensive planning prior to subdivision and development.

(c) To coordinate subdivision, land use and development in areas requiring comprehensive planning.

Pursuant to clause 6.2.3.1 of TPS7, the City requires a Structure Plan for a Development Investigation Policy Area before recommending subdivision or approving development of land within the Development Investigation Policy Area. Section 6.2.8 explains the operation of a Structure Plan and its relationship to TPS7:

6.2.8.2 Subject to the Scheme, if a Structure Plan imposes a classification on the land included in it by reference to reserves, zones or Residential Design Codes, then -

(a) The provisions of the Structure Plan apply to the land as if tis provisions were incorporated into the Scheme and it is binding and enforceable in the same way as corresponding provisions incorporated in the Scheme; and

(b) provisions in the Scheme applicable to land in those classifications under the Scheme apply to the subject site.

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6.2.8.3 Within limiting the generality of clause 6.2.8.2, under a Structure Plan -

(a) in the areas designated as zones, the permissibility of uses is to be the same as set out in the Zoning Table as if those areas were zones under the Scheme having the same designations;

(b) the standards and requirements applicable to the zones and Residential Design Codes under the Scheme apply to the areas having corresponding designations under the Structure Plan;

(c) the planning approval procedures including the procedures for the approval of uses and developments under the Scheme are to apply as if the land were correspondingly zoned or reserved under the Scheme; and

(d) any other provision, standard or requirement in the Structure Plan is to be given the same force and effect as if it were a provision, standard or requirement of the Scheme.

6.2.3 Structure Plans The provisions proposed by Amendment 78 require the preparation and submission of a Structure Plan for the subject site prior to any subdivision or development. While the provisions do not include procedures for the consideration and adoption of a Structure Plan, such provisions exist in section 6.2 of TPS7. The relationship between a Structure Plan and the provisions of TPS7 is set out in the following clauses of TPS7:

6.2.3.2 Where a Structure Plan exists, the subdivision and development of land is to generally be in accordance with the Structure Plan and any associated provisions contained in Schedule 7.

6.2.8.2 Subject to the Scheme, if a Structure Plan imposes a classification on the land included in it by reference to reserves, zones or Residential Design Codes, then -

(a) The provisions of the Structure Plan apply to the land as if its provisions were incorporated into the Scheme and it is binding and enforceable in the same way as corresponding provisions incorporated in the Scheme; and

(b) provisions in the Scheme applicable to land in those classifications under the Scheme apply to the Subject site.

6.2.8.3 Within limiting the generality of clause 6.2.8.2, under a Structure Plan -

(a) in the areas designated as zones, the permissibility of uses is to be the same as set out in the Zoning Table as if those areas were zones under the Scheme having the same designations;

(b) the standards and requirements applicable to the zones and Residential Design Codes under the Scheme apply to the areas having corresponding designations under the Structure Plan;

(c) the planning approval procedures including the procedures for the approval of uses and developments under the Scheme are to apply as if the land were correspondingly zoned or reserved under the Scheme; and

(d) any other provision, standard or requirement in the Structure Plan is to be given the same force and effect as if it were a provision, standard or

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requirement of the Scheme.

6.2.8.4 A Structure Plan, adopted and endorsed in accordance with the Scheme, will be used by the Local Government and the Western Australian Planning Commission respectively as a guide for the assessment of Applications for Planning Approval under the Scheme and of Applications for Approval to Subdivide Land under the provisions of Part 10 of the Planning and Development Act 2005.

6.2.8.5 A Structure Plan may distinguish between the provisions, requirements or standards which are intended to have effect as if included in the Scheme, and any provisions, requirements, or standards which are only for guidance or such other purposes as stipulated in the Structure Plan.

In addition, Special Use Zone No. 61 and Special Use Zone No. 62 include the following provision:

All land use and development is to be consistent with an adopted Structure Plan. Where development standards are not prescribed within the provisions of the Special Use Zone or in an adopted Local Development Plan, the general development requirements and standards of the Scheme shall prevail.

Notwithstanding any of the above, clause 27(1) of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 states:

A decision-maker for an application for development approval or subdivision approval in that area that is covered by a structure plan that has been approved by the Commission is to have due regard to, but is not bound by, the structure plan when deciding the application.

The provisions of the Deemed Provisions prevails over any inconsistent provision of TPS7, to the extent of that inconsistency, and therefore the provisions of TPS7 should be read with (and amended to conform with) the Deemed Provisions.

6.3 City of Bunbury Local Planning Scheme No.8 On 29 November 2011, the City initiated a review of TPS7 and the preparation of a new Local Planning Scheme No.8; notice of the resolution was published in the Government Gazette on 30 October 2012. The City held a series of workshops in November 2012. At the time of writing of this report, the draft Scheme text and map had not been prepared and formally considered by Council.

6.4 State Planning Policies 6.4.1 State Planning Policy No. 3 – Urban Growth and Settlement The stated objectives of State Planning Policy No. 3 – Urban Growth and Settlement (SPP No. 3) include, inter alia:

· To promote a sustainable and well planned pattern of settlement across the State, with sufficient and suitable land to provide for a wide variety of housing, employment, recreation facilities and open space;

· To manage the growth and development of urban areas in response to the social and economic needs of the community and in recognition of relevant climatic, environmental,

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heritage and community values and constraints; and,

· To promote the development of a sustainable and liveable neighbourhood form which reduces energy, water and travel demand whilst ensuring safe and convenient access to employment and services by all modes, provides choice and affordability of housing and creates an identifiable sense of place for each community.

SPP No. 3 is intended as a “broad sector policy … [which] will be implemented by more detailed policies on particular matters”, and therefore draws upon concepts and strategies covered in greater detail in other related strategies and policies, including Directions 2031 and Beyond, Liveable Neighbourhoods (LN) and the various state planning policies. The subject proposal’s consistency with the provisions of the various elements of the State Planning Framework, and the statutory and strategic planning provisions of the City, is examined in other sections of this report pertaining to those elements. Briefly, the subject proposal shall foster achievement of key requirements identified in SPP No. 3 for sustainable communities, including:

· A strong, diversified and sustainable economic base, coordinated with the efficient and economic provision of transport;

· Variety and choice in the size, type and affordability of housing;

· Supporting higher residential densities in the most highly accessible locations, and adjacent to high amenity areas;

· Clustering retail, employment, recreational and other activities so as to reduce the need to travel, encourage non-vehicular transport modes and create attractive, high quality and amenity driven development with a diverse mix of land uses; and,

· Providing access for all to employment, health, education, shops, leisure and community facilities by locating new development so as to be accessible by foot, bicycle or public transport rather than having to depend on access by car.

In light of the above achievement of key requirements identified in SPP No. 3 for sustainable communities, the proposal is consistent with the intent of SPP No. 3. Accordingly, the proposal for the subject site warrants the support and endorsement of the determining authorities.

6.5 Liveable Neighbourhoods LN is an operational policy of the WAPC which aims to achieve sustainable development with particular emphasis on the planning of residential neighbourhoods. LN is recognised as the preferred design and assessment tool for the preparation of structure plans for new and infill urban areas throughout the metropolitan area and country centres. The principal aims of LN are summarised as follows:

1. To provide for an urban structure of walkable neighbourhoods clustering to form towns of compatible mixed uses in order to reduce car dependence for access to employment, retail and community facilities.

2. To ensure that walkable neighbourhoods and access to services and facilities are designed for all users, including those with disabilities.

3. To foster a sense of community and strong local identity and sense of place in

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neighbourhoods and towns.

4. To provide for access generally by way of an interconnected network of streets which facilitate safe, efficient and pleasant walking, cycling and driving.

5. To ensure active street-land use interfaces, with building frontages to streets to improve personal safety through increased surveillance and activity.

6. To facilitate new development which supports the efficiency of public transport systems where available, and provides safe, direct access to the system for residents.

7. To facilitate mixed-use urban development which provides for a wide range of living, employment and leisure opportunities, capable of adapting over time as the community changes and which reflects appropriate community standards of health, safety and amenity.

8. To provide a variety of lot sizes and housing types to cater for the diverse housing needs of the community at a density that can ultimately support the provision of local services.

9. To ensure the avoidance of key environmental areas and the incorporation of significant cultural and environmental features of a site into the design of an area.

10. To provide for a more integrated approach to the design of open space and urban water management.

11. To ensure cost-effective and resource-efficient development to promote affordable housing.

12. To maximise land efficiency wherever possible.

Amendment 78 makes provision for the preparation of a structure plan. The aims and requirements of LN will be addressed as part of a structure plan for the subject site.

6.6 Other approvals and decisions 6.6.1 Medical Centre In 1987 approval was obtained for a medical centre to be developed on the land comprising the subject site; however, the approval was not acted upon and the approval subsequently lapsed. 6.6.2 Scheme Amendment 11 – Mixed Business In 2005, Amendment 11 to TPS7 proposed to rezone Lot 71 Bunning Boulevard, East Bunbury (which included part of the subject site) to ‘Mixed Business’ and ‘Residential R40’. Although Amendment 11 was adopted by the City, it was subsequently refused by the WAPC on 3 November 2008. Table 1 outlines the WAPC reasons for refusal, and subsequent response with consideration to the Scheme Amendment.

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Table 1 – Reasons of refusal of Amendment 11 Reasons for refusal of Amendment 11 Scheme Amendment response

(i) The subject land is well suited to residential development in terms of its close proximity to schools, shops, open space and public transport. Limited strategic justification has been provided which would warrant the support of the rezoning.

The proposed Scheme Amendment is consistent with the LPSACN (dated December 2010), thereby resolving the strategic planning concerns raised in 2008 by the Minister for Planning.

(ii) The proposal is not supported by any existing strategic plans or planning instruments, with the current planning framework identifying the site as being outside of the recognised Central Bunbury Mixed Business Area.

(iii) Rezoning of the site may compromise the outcomes and recommendations of the pending City of Bunbury Commercial/Housing Strategy.

(iv) In the absence of an appropriate Development Guide Plan over the site, there remains concern that the proposal would fail to deliver a desirable built form, and difficulty would be experienced in accommodating the requirements and servicing needs of the modern large commercial businesses whilst at the same time maintaining satisfactory levels of residential amenity in the locality.

The Scheme Amendment requires a structure plan to be prepared for the subject site. The structure plan will provide controls to ensure a suitable built form outcome will occur on the subject site.

(v) The subject portion of the road reserve is not appropriately zoned under the Greater Bunbury Region Scheme and therefore approval to the proposal, as it relates to this portion of the site, would be inconsistent with the Region Scheme.

On 26 July 2005, the former Department of Planning and Infrastructure confirmed it supported the closure of the road reserve and its amalgamation with former Lot 71, subject to the closed road reserve being rezoned consistent with Lot 71. The rezoning of the portion of closed road reserve is currently being progressed via the omnibus amendment. Further, Council has resolved to support the concurrent rezoning of the closed road reserve under section 126(3) and (4) of the Planning and Development Act 2005, to be consistent with Amendment 78 under TPS7.

(vi) Considerable and justifiable concerns have been raised by surrounding residents whose amenity is likely to be adversely affected by the proposed commercial development of the site if rezoned.

The Scheme Amendment requires the preparation of a structure plan, which will address and resolve the relationship between the subject site and adjoining residential properties.

As demonstrated above, the proposed Scheme Amendment sufficiently addressed and resolves the reasons for refusal of Amendment 11, and is thereby capable of approval.

Page 20


Appendix 1 Certificate of title

Page 21

13 - 332A1571 - 803

Western Australian Land Information Authority

SEE TABLE0 10

113287

20 30

104.51 orig

8.5

orig

82.06

12.074.13

98.2614.22

59.1

14.5

2

4.55

80.59

127°44'52" orig127°44'53" orig

135°

45'19

"135°4

5'19"

143°29'10"

143°29'10"

86°0

'28"

orig

MF

MFMF

MF

MFR

PICTO

N R

OAD

SANDRIDGE

ROAD

DUNCAN WAY

BUNNING

BOULEVARDE

1009615 m 2

14.5

2

4.55

39.56 orig

44.11 p.orig

33.11

orig

33.1

1 or

ig

30.76

17.4 orig

12.074.13

16.2

14.22

59.1

160°14' orig

145°46'30" orig

160°14' orig

136°7'32"

136°

7'32"

135°

45'1

9"135°4

5'19"

143°29'10"

143°29'10"

MF

MFMF

P736261

71D59330

71D59330

SANDRIDGE ROAD

PICTO

N R

OAD

BUNNING BOULEVARDE

5001513 m 2

LOT 500 ( ROAD CLOSURE )BEING LAND FOR AMALGAMATIONFORMERLY PT PICTON ROAD

INSET SCALE 1 : 500

BUNBURY

50832 - 2007

N

SUBJECT PURPOSE STATUTORY REFERENCE ORIGIN LAND BURDENED COMMENTSBENEFIT TO

INTERESTS AND NOTIFICATIONS

DELEGATED UNDER S.16 P & D ACT 2005

66615

BARRY GARVEYLICENSED SURVEYORP . O . BOX 7006EATON , W.A. 6232 .PH - 97252840 , FAX - 97252820

TITLEON PLAN/DIAGRAMFORMER PI/TENURELOT100 LOT 61

LOT 71LOT 500

P7362 D59330THIS PLAN ( INSET )

VERSION AMENDMENT AUTHORISED BY DATE

SUBJECT TO

IN ORDER FOR DEALINGS

VERSION

SHEET OF

DEPOSITED PLAN

INSPECTOR OF PLANS & SURVEYS DATEAUTHORIZED LAND OFFICER

SCALE:ALL DISTANCEARE IN METRES

LODGED TYPE OF VALIDATION

DOCKET

FULL AUDIT

LEGALCOMPONENT

CERTIFIEDCORRECT

F.S.C.

DATE

FEE PAID

ASSESS No.

WESTERN AUSTRALIAN PLANNING COMMISSIONAPPROVED BY

DATE

FILE

FORMER TENURE

ON

INDEX

FIELD BOOKDISTRICT

FILE

LOCAL AUTHORITY

LOCALITY

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

I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) is a correct and accurate representation of the survey(s) of the subject land ; and(b) is in accordance with the relevant law inrelation to which it is lodged.

Licensed Surveyor Date

FOR INSPECTOR OF PLANS & SURVEYS DATEAUTHORIZED LAND OFFICER

SSA YES / NO

TYPE

PURPOSE

PLAN OF

SURVEYOR'S CERTIFICATE - Compiled

hereby certify that this compiled plan

FREEHOLDSUBDIVISION

LOT 100

CITY OF BUNBURY

EAST BUNBURY

BG30 (2) 02.30BG30 (2) 02.31

1 : 500 at A2

1 1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WELLINGTON

1

TOWNSITE.......................................

I.S.C. .......................

B . W . GARVEY

SURVEYOR'S CERTIFICATE - Reg 54

I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) * survey; and / or(b) * calculations from measurements ,

( * delete if inapplicable )undertaken for the purposes of this plan and that it complies with the relevant written law(s) in relation to which it is lodged.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Licensed Surveyor Date

hereby certify that this plan is accurate and is a correct representation of the -

GOV

ERNMENT OF

WESTERN AUSTR

ALI

A

APPROVED


7. Scheme Amending Pages

Planning and Development Act 2005

City of Bunbury

City of Bunbury Town Planning Scheme No. 7

Scheme Amendment 78 The City of Bunbury under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above Local Planning Scheme by: 1. Amending the Scheme Text by inserting the following land use class definitions within section “1.2

Land Use Definitions” of “Schedule 1 - Dictionary of Defined Words and Expressions”:- “Single bedroom dwelling” has the same meaning as in the Residential Design Codes; “Ancillary dwelling” has the same meaning as in the Residential Design Codes; 2. Amending the table under “Schedule 2 – Special Use Zones” of the Scheme Text by inserting the

following additional provisions for “Special Use Zone No. 61 - Local Centre”:- No. Description of Land Special Uses Conditions

61 Lot 100 Bunning Boulevard, East Bunbury

The following ‘P’ uses:

(a) Consulting Rooms;

(b) Convenience Store;

(c) Lunch Bar;

(d) Office;

(e) Shop;

(f) Showroom.

The following ‘D’ uses are permitted where the local government has exercised its discretion by granting planning approval:

(a) Car Park;

(b) Civic Use;

(c) Club Premises;

(d) Community Purpose;

(e) Family Day Care;

(f) Fast Food Outlet;

(g) Home Business;

(h) Home Occupation;

(i) Home Office;

(j) Multiple Dwelling;

The following provisions apply to any subdivision and/or development undertaken on land within Special Use Zone No. 61 - Local Centre, and where relevant, are to be incorporated into an integrated Structure Plan prepared for the entire development site of Lot 100 Bunning Boulevard (encompassing both Special Use Zone No. 61 - Local Centre and Special Use Zone No. 62 - Mixed Use Frame).

1 Land Use Requirements

1.1 Residential development is to be in accordance with the requirements of a residential density code of R100, as prescribed under the Residential Design Codes.

1.2 The sum total of retail floorspace within the boundary of the Special Use Zone shall be restricted to a maximum of 2,000m² net lettable area.

1.3 The sum total of ‘showroom’ use per lot (including a strata or survey strata lot) shall be restricted to a floorspace maximum of 500m² net lettable area.

1.4 Drive-through facilities shall not be permitted as part of any ‘fast food outlet’, ‘lunch bar’ or ‘restaurant’ use.

Page 24


No. Description of Land Special Uses Conditions (k) Residential Building;

(l) Telecommunications Infrastructure.

The following ‘A’ uses are permitted only where the local government has exercised its discretion by granting planning approval:

(a) Amusement Parlour;

(b) Betting Agency;

(c) Child Care Premises;

(d) Educational Establishment;

(e) Market;

(f) Medical Centre;

(g) Reception Centre;

(h) Recreation – Private;

(i) Restaurant.

Permissible ‘D’ and ‘A’ uses from the special uses list above may be subsequently regarded as ‘P’ uses where they are identified on an adopted Structure Plan.

All other land uses under the Zoning Table not listed as special uses are an ‘X’ use.

2 Structure Plan

2.1 The preparation and submission of a Structure Plan for the entire development site of Lot 100 Bunning Boulevard (encompassing both Special Use Zone No. 61 - Local Centre and Special Use Zone No. 62 - Mixed Use Frame) is required to be adopted by the local government prior to any subdivision or planning approval being granted.

2.2 The Structure Plan shall include information or detail to the specification and satisfaction of the local government dealing with, but not limited to, the following:

(a) Indicative lot layout of subdivision design.

(b) Layout, extent and arrangement of land uses.

(c) Standards and requirements for land use, development and building design.

(d) Any required limitations on floorspace areas relating to particular land uses.

(e) Building envelopes (including maximum and minimum building area footprint and height).

(f) Development setbacks from property boundaries and between buildings, accessways and right-of-ways.

(g) Interface and buffer treatments between surrounding residential uses and the development site.

(h) Urban design standards to guide, but not limited to, the following:

(i) building orientation;

(ii) active frontages;

(iii) building entrances;

(iv) crossovers and accessways;

(v) building façades;

(vi) rooflines;

(vii) treatment of streetscapes and

Page 25


No. Description of Land Special Uses Conditions residential interfaces; and

(vii) location of car parking structures (garages and carports).

(i) Transport Assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the WAPC’s Transport Assessment Guidelines for Developments Volume 3 – Subdivision, as amended.

(j) Pedestrian and bicycle pathway network, including bicycle parking and end of trip facilities.

(k) Vehicle access and internal circulation areas, car parking areas, service and emergency vehicle loading/unloading areas, and local area traffic management treatments.

(l) The provision of visual screening to parking, servicing, waste storage and loading areas.

(m) Passive surveillance and application of Crime Prevention Through Environmental Design (CPTED) principles in accordance with the WAPC’s Designing Out Crime Planning Guidelines (2006).

(n) Waste management arrangements for the collection, storage and disposal of all waste materials.

(o) Landscape Plan prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the requirements of the relevant Local Planning Policy for landscaping, detailing, but not limited to, the following:

(i) road and footpath layout for use by pedestrians, cyclists and cars;

(ii) vehicle parking, servicing, loading and

Page 26


No. Description of Land Special Uses Conditions unloading and turning facilities;

(iii) landscaping (both softscape and hardscape) materials and surface finishes;

(iv) vegetation species;

(v) boundary treatments;

(vi) proposed screening;

(vii) potential and/or proposed on-street alfresco dining areas;

(viii) lighting plan; and

(ix) detailed staging of landscaping works.

(p) Stormwater Management Plan prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the WAPC’s Better Urban Water Management (2008) guidelines to the specifications and satisfaction of the Department of Water and the local government.

(q) Acid Sulfate Soils Investigation prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the WAPC’s Acid Sulfate Soils Planning Guidance (2008) in respect of the Structure Plan requirements.

(r) A Precinct Signage Plan prepared and submitted as part of the Structure Plan for the entire Special Use Zone to the specifications and satisfaction of the local government, which is to regulate the location and area of signage, the type of signage, its unified style and quality of presentation.

3 Development Standards

General

3.1 All land use and development is to be consistent with an adopted Structure Plan. Where development standards are not prescribed within the provisions of the Special Use Zone or

Page 27


No. Description of Land Special Uses Conditions in an adopted Local Development Plan, the general development requirements and standards of the Scheme shall prevail.

3.2 All development is to be undertaken in a manner that is consistent with an adopted Development Contribution Plan and Infrastructure Implementation Plan.

Building Height

3.3 The maximum height of all development is to be 12.0 metres above natural ground level.

Building Setbacks

3.4 The setback distance from the primary and secondary street to lot boundaries for all development is to be a minimum of 2.0 metres.

Building Design and Appearance

3.5 All development shall:

(a) provide for a variety of architectural expression;

(b) achieve quality contemporary building design;

(c) incorporate climatic appropriate and sustainable building principles; and

(d) incorporate modulation (recesses and projections), fenestration (patterns of windows and openings), materials, finishes and colour which articulate the building façades and provide visual interest and variety.

3.6 All development and/or land uses are to be oriented and designed to address street and public open space frontages, and are to complement or enhance the local streetscape character and amenity. Buildings are to have their most important facade directly facing the primary street frontage. Where development is located on a corner lot / development site, the most important facade (and main pedestrian entrance) is to be on or facing the primary street or the corner, and is to be designed with appropriate and distinctive architectural features.

3.7 Blank unrelieved walls in excess of 10

Page 28


No. Description of Land Special Uses Conditions metres in length and 6 metres in height are not permitted to any street frontage.

3.8 Non-residential development on ground floor elevations are to incorporate major and minor openings, with clear glazing or visually permeable surfaces for a minimum of 50% of the building frontage, where a building fronts a street or public open space, as determined by the local government with consideration of any relevant Local Planning Policy and matters to be considered under clause 10.2.

3.9 The ground floor of a building containing non-residential uses must provide for a cantilevered or suspended awning or veranda that provides shade and weather protection for pedestrians along the full extent of the primary and/or secondary street building frontage (excluding vehicle access points and rear laneways) to the specifications and satisfaction of the local government.

3.10 The cantilevered or suspended awning or veranda must have a minimum height of 2.75m above natural ground level and a maximum of 4.5m above the footpath, and be setback at least 600mm from the kerb.

Finished Floor to Floor Heights

3.11 The minimum finished floor to floor heights for all buildings is to be in accordance with the following:

(a) 4.0 metres at ground floor for all land uses; and

(b) 3.5 metres for above ground floor for non-residential uses.

Vehicular Access and Parking

3.12 Vehicle access and parking is to be provided in accordance with the provisions of the Scheme and/or Residential Design Codes, and located and developed in accordance with the adopted Structure Plan.

3.13 There shall be no vehicle access permitted from or onto Sandridge Road.

3.14 There shall be no access from or onto Picton Road with the exception of a

Page 29


No. Description of Land Special Uses Conditions single access provided for service vehicles only.

3.15 Reciprocal rights of access are to be secured over any approved vehicle accessway to allow for its shared use by adjoining premises.

3.16 The number of car parking bays required is to be provided in accordance with Table 2 of the Scheme.

3.17 For a mixed use development, the number of car parking spaces required for the overall mixed use development under Table 2 of the Scheme may be reduced by a maximum of up to 30% provided that:

(a) the applicant is able to demonstrate to the satisfaction of the local government that the peak hours of operation of the different uses on the land are different or do not substantially overlap; and

(b) the bays are clearly marked limiting the purpose for which the parking may be used at different times of the day.

3.18 Car parking areas are generally to be located to the side or rear of the development site. No car parking is permitted within a front setback area to a public street, except:

(a) where development is in accordance with the requirements of the Residential Design Codes; or

(b) where development is in accordance with an adopted Structure Plan; and

(c) instances involving only the change of use of an existing building where opportunities for car parking to the side and/or rear are impractical.

Landscaping

3.19 Setback areas are not to be used for vehicle access, vehicle parking and/or waste management, and are to be landscaped with trees, shrubs and ground cover plants appropriate to the locality and built form.

3.20 On-site car parking areas are to be

Page 30


No. Description of Land Special Uses Conditions landscaped with shade trees planted at the rate of no less than 1 tree per 6 car bays. Species shall have a clean trunk to 2.0 metres with non-invasive roots.

Signage and Advertising

3.21 Applications for planning approval for the development of non-residential uses incorporating signage and advertising devices are to be supported by a detailed Development Signage Plan, which is to be approved by the local government prior to the issuing of any building license.

Noise Attenuation

3.22 Buildings must be designed and constructed to mitigate potential internal and external noise impacts within commercial, mixed use, residential and other noise-sensitive land uses. Insulation and acoustic shielding along with the use of acoustic windows, doors, facade materials and ventilation must be utilised to minimise potential noise impacts.

3.23 The design, materials and construction of buildings are to incorporate adequate noise attenuation measures, as demonstrated by an acoustic report, to ensure that the following LAeq levels are not exceeded for dwellings and the residential component of mixed use developments:

(a) 35dB(A) in any bedroom in the building at any time 10pm to 7am; and

(b) 40dB (A) at any time anywhere else in the dwelling (other than a garage, kitchen, bathroom or hallway).

3.24 A noise impact assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, may be required to be submitted as part of any application for planning approval for a any development and/or land use where the proposal is for:

(a) a mixed use development; and/or

(b) a non-residential use adjoining

Page 31


No. Description of Land Special Uses Conditions any residential or other sensitive land use; and/or

(c) a residential or other sensitive land use adjoining a non-residential use; and/or

(d) any residential or mixed use development or other sensitive land use adjoining any designated primary freight road, Primary Regional Roads Reserve or Other Regional Roads Reserve;

where there is the potential for noise impacts (land use conflict).

Hours of Operation

3.25 Non-residential development shall not be permitted to trade or undertake activities (e.g. deliveries) between the hours of 7.00pm to 7.00am Monday to Saturday and 7.00pm to 9.00am on Sundays unless supported by a Development Impact Statement submitted for consideration at the development application stage. Prepared to the satisfaction of local government, the Development Impact Statement shall address issues that have the potential to impact upon the amenity of existing and future residents, such as noise, lighting and crime prevention, and propose appropriate mitigating measures for consideration.

4 Developer Contributions and Infrastructure Implementation

4.1 Development Contribution Plan is to be prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with State Planning Policy 3.6 – Developer Contributions for Infrastructure, which is to address, but is not limited to, the following:

(a) the identification of any new infrastructure items or the upgrading of any existing infrastructure items (including those recommendations of the approved Transport Assessment); and

(b) the apportionment of costs for any infrastructure provision.

4.2 An Infrastructure Implementation Plan

Page 32


No. Description of Land Special Uses Conditions is to be prepared by a suitably qualified person, to the specifications and satisfaction of the local government, which is to address, but is not limited to, the following:

(a) the allocation of responsibility for the provision of all identified infrastructure items; and

(b) arrangements for the implementation of all identified infrastructure items, including but not limited to the following:

(i) provision of pedestrian and bicycle pathways;

(ii) reconfiguration and/or improvements to:

(1) Picton Road to accommodate a slip lane;

(2) intersection treatment of Bunning Boulevard and Picton Road,

(3) intersection treatment of Duncan Way and Bunning Boulevard, and

(4) intersection treatment of Bunning Boulevard and Inkpen Road;

(c) the timing and/or staging of any infrastructure works.

4.4 The Development Contribution Plan and coupled Infrastructure Implementation Plan are to be submitted to the local government for consideration and approval prior to the adoption of a Structure Plan.

3. Amending the table to “Schedule 2 – Special Use Zones” of the Scheme Text by inserting the

following additional provisions for “Special Use Zone No. 62 - Mixed Use Frame”:- No. Description of Land Special Uses Conditions

62 Lot 100 Bunning Boulevard, East Bunbury

The following ‘P’ uses:

(a) Ancillary Dwelling;

The following provisions apply to any subdivision and/or development undertaken on land within Special Use Zone No. 62 - Mixed Use Frame, and where relevant, are to

Page 33


No. Description of Land Special Uses Conditions (b) Home Occupation;

(c) Home Office;

(d) Public Utility.

The following ‘D’ uses are permitted where the local government has exercised its discretion by granting planning approval:

(a) Bed and Breakfast;

(b) Convenience Store;

(c) Family Day Care;

(d) Grouped Dwelling;

(e) Lunch Bar (no-drive through);

(f) Multiple Dwelling;

(g) Office;

(h) Residential Building;

(i) Shop;

(j) Single Bedroom Dwelling;

(k) Single House;

(l) Telecommunications Infrastructure.

The following ‘A’ uses are permitted only where the local government has exercised its discretion by granting planning approval:

(a) Car Park;

(b) Child Care Premises;

(c) Civic Use;

(d) Club Premises;

(e) Community Purpose;

(f) Consulting rooms;

(g) Educational Establishment;

(h) Fast Food Outlet;

(i) Home Business;

(j) Home Store;

(k) Medical Centre;

(l) Reception Centre;

(m) Recreation - Private;

(n) Restaurant;

(o) Unrestricted Residential

be incorporated into an integrated Structure Plan prepared for the entire development site of Lot 100 Bunning Boulevard (encompassing both Special Use Zone No. 62 - Mixed Use Frame and Special Use Zone No. 61 - Local Centre).

1 Land Use Requirements

1.1 Residential development is to be in accordance with the requirements of a residential density code of R60, as prescribed under the Residential Design Codes.

1.2 All land use and development adjacent to the Bunning Boulevard and Duncan Way road reserves is to be limited to residential development/uses only.

1.3 The depth of any residential development/uses adjacent to the Bunning Boulevard and Duncan Way road reserves is to be a minimum of 15 metres, as measured form the property boundary to the Bunning Boulevard and Duncan Way road reserves.

1.4 The sum total of ‘office’ use per lot (including a strata or survey strata lot) shall be restricted to a floorspace maximum of 200m² net lettable area.

1.5 The sum total of ‘shop’ use per lot (including a strata or survey strata lot) shall be restricted to a floorspace maximum of 300m² net lettable area.

1.6 Drive-through facilities shall not be permitted as part of any ‘fast food outlet’, ‘lunch bar’ or ‘restaurant’ use.

2 Structure Plan

2.1 The preparation and submission of a Structure Plan for the entire development site of Lot 100 Bunning Boulevard (encompassing both Special Use Zone No. 61 - Local Centre and Special Use Zone No. 62 - Mixed Use Frame) is required to be adopted by the local government prior to any subdivision or planning approval being granted.

2.2 The Structure Plan shall include information or detail to the specification and satisfaction of the local government dealing with, but not limited to, the following:

(a) Indicative lot layout of

Page 34


No. Description of Land Special Uses Conditions Occupation;

(p) Veterinary Centre.

Permissible ‘D’ and ‘A’ uses from the special uses list above may be subsequently regarded as ‘P’ uses where they are identified on an adopted Structure Plan.

All other land uses under the Zoning Table not listed as special uses are an ‘X’ use.

subdivision design.

(b) Layout, extent and arrangement of land uses.

(c) Location and extent of communal and private outdoor living areas.

(d) Standards and requirements for land use, development and building design.

(e) Any required limitations on floorspace areas relating to particular land uses.

(f) Building envelopes (including maximum and minimum building area footprint and height).

(g) Development setbacks from property boundaries and between buildings, accessways and right-of-ways.

(h) Interface and buffer treatments between surrounding residential uses and the development site.

(i) Urban design standards to guide, but not limited to, the following:

(i) building orientation;

(ii) active frontages;

(iii) building entrances;

(iv) crossovers and accessways;

(v) building façades;

(vi) rooflines;

(vii) treatment of streetscapes and residential interfaces; and

(vii) location of car parking structures (garages and carports).

(j) Transport Assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the WAPC’s Transport Assessment Guidelines for Developments Volume 3 –

Page 35


No. Description of Land Special Uses Conditions Subdivision, as amended.

(k) Pedestrian and bicycle pathway network, including bicycle parking and end of trip facilities.

(l) Vehicle access and internal circulation areas, car parking areas, service and emergency vehicle loading/unloading areas, and local area traffic management treatments.

(m) The provision of visual screening to parking, servicing, waste storage and loading areas.

(n) Passive surveillance and application of Crime Prevention Through Environmental Design (CPTED) principles in accordance with the WAPC’s Designing Out Crime Planning Guidelines (2006).

(o) Waste management arrangements for the collection, storage and disposal of all waste materials.

(p) Landscape Plan prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the requirements of the relevant Local Planning Policy for landscaping, detailing, but not limited to, the following:

(i) road and footpath layout for use by pedestrians, cyclists and cars;

(ii) vehicle parking, servicing, loading and unloading and turning facilities;

(iii) landscaping (both softscape and hardscape) materials and surface finishes;

(iv) vegetation species;

(v) boundary treatments;

(vi) proposed screening;

(vii) potential and/or proposed on-street

Page 36


No. Description of Land Special Uses Conditions alfresco dining areas;

(viii) lighting plan; and

(ix) detailed staging of landscaping works.

(q) Stormwater Management Plan prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the WAPC’s Better Urban Water Management (2008) guidelines to the specifications and satisfaction of the Department of Water and the local government.

(r) Acid Sulfate Soils Investigation prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with the WAPC’s Acid Sulfate Soils Planning Guidance (2008) in respect of the Structure Plan requirements.

3 Development Standards

General

3.1 All land use and development is to be consistent with an adopted Structure Plan. Where development standards are not prescribed within the provisions of the Special Use Zone or in an adopted Local Development Plan, the general development requirements and standards of the Scheme shall prevail.

3.2 All development is to be undertaken in a manner that is consistent with an adopted Development Contribution Plan and Infrastructure Implementation Plan.

Building Height

3.3 The maximum height of all development is to be 12.0 metres above natural ground level.

Building Setbacks

3.4 The setback distance from the primary and secondary street to lot boundaries for all development is to be a minimum of 2.0 metres.

Building Design and Appearance

3.5 All development shall:

Page 37


No. Description of Land Special Uses Conditions (a) provide for a variety of

architectural expression;

(b) achieve quality contemporary building design;

(c) incorporate climatic appropriate and sustainable building principles; and

(d) incorporate modulation (recesses and projections), fenestration (patterns of windows and openings), materials, finishes and colour which articulate the building façades and provide visual interest and variety.

3.6 All development and/or land uses are to be oriented and designed to address street and public open space frontages, and are to complement or enhance the local streetscape character and amenity. Buildings are to have their most important facade directly facing the primary street frontage. Where development is located on a corner lot / development site, the most important facade (and main pedestrian entrance) is to be on or facing the primary street or the corner, and is to be designed with appropriate and distinctive architectural features.

3.7 Non-residential development on ground floor elevations are to incorporate major and minor openings, with clear glazing or visually permeable surfaces for a minimum of 50% of the building frontage, where a building fronts a street or public open space, as determined by the local government with consideration of any relevant Local Planning Policy and matters to be considered under clause 10.2.

3.8 Buildings must provide shelter for pedestrians from the elements at the point of entry.

Finished Floor to Floor Heights

3.9 The minimum finished floor to floor heights for non-residential development is to be in accordance with the following:

(a) 4.0 metres at ground floor for all land uses; and

Page 38


No. Description of Land Special Uses Conditions (b) 3.5 metres for above ground

floor for non-residential uses.

Vehicular Access and Parking

3.10 Vehicle access and parking is to be provided in accordance with the provisions of the Scheme and/or Residential Design Codes, and located and developed in accordance with the adopted Structure Plan.

3.11 Reciprocal rights of access are to be secured over any approved vehicle accessway to allow for its shared use by adjoining premises.

3.12 The number of car parking bays required is to be provided in accordance with Table 2 of the Scheme.

3.13 For a mixed use development, the number of car parking spaces required for the overall mixed use development under Table 2 of the Scheme may be reduced by a maximum of up to 30% provided that:

(a) the applicant is able to demonstrate to the satisfaction of the local government that the peak hours of operation of the different uses on the land are different or do not substantially overlap; and

(b) the bays are clearly marked limiting the purpose for which the parking may be used at different times of the day.

3.14 Car parking areas are to be located to the side or rear of the development site. No car parking is permitted within a front setback area to a public street, except:

(a) where development is in accordance with the requirements of the Residential Design Codes; or

(b) instances involving only the change of use of an existing building where opportunities for car parking to the side and/or rear are impractical.

Landscaping

3.15 Setback areas are not to be used for vehicle access, vehicle parking and/or waste management, and are to be

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No. Description of Land Special Uses Conditions landscaped with trees, shrubs and ground cover plants appropriate to the locality and built form.

3.16 On-site car parking areas are to be landscaped with shade trees planted at the rate of no less than 1 tree per 6 car bays. Species shall have a clean trunk to 2.0 metres with non-invasive roots.

Signage and Advertising

3.17 Applications for planning approval for the development of non-residential uses incorporating signage and advertising devices are to be supported by a detailed Development Signage Plan, which is to be approved by the local government prior to the issuing of any building license.

Noise Attenuation

3.18 Buildings must be designed and constructed to mitigate potential internal and external noise impacts within commercial, mixed use, residential and other noise-sensitive land uses. Insulation and acoustic shielding along with the use of acoustic windows, doors, facade materials and ventilation must be utilised to minimise potential noise impacts.

3.19 The design, materials and construction of buildings are to incorporate adequate noise attenuation measures, as demonstrated by an acoustic report, to ensure that the following LAeq levels are not exceeded for dwellings and the residential component of mixed use developments:

(a) 35dB(A) in any bedroom in the building at any time 10pm to 7am; and

(b) 40dB (A) at any time anywhere else in the dwelling (other than a garage, kitchen, bathroom or hallway).

3.20 A noise impact assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, may be required to be submitted as part of any application for planning approval for a any development and/or land use

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No. Description of Land Special Uses Conditions where the proposal is for:

(a) a mixed use development; and/or

(b) a non-residential use adjoining any residential or other sensitive land use; and/or

(c) a residential or other sensitive land use adjoining a non-residential use; and/or

(d) any residential or mixed use development or other sensitive land use adjoining any designated primary freight road, Primary Regional Roads Reserve or Other Regional Roads Reserve;

where there is the potential for noise impacts (land use conflict).

Hours of Operation

3.21 Non-residential development shall not be permitted to trade or undertake activities (e.g. deliveries) between the hours of 7.00pm to 7.00am Monday to Saturday and 7.00pm to 9.00am on Sundays unless supported by a Development Impact Statement submitted for consideration at the development application stage. Prepared to the satisfaction of local government, the Development Impact Statement shall address issues that have the potential to impact upon the amenity of existing and future residents, such as noise, lighting and crime prevention, and propose appropriate mitigating measures for consideration.

4 Developer Contributions and Infrastructure Implementation

4.1 Development Contribution Plan is to be prepared by a suitably qualified person, to the specifications and satisfaction of the local government, in accordance with State Planning Policy 3.6 – Developer Contributions for Infrastructure, which is to address, but is not limited to, the following:

(a) the identification of any new infrastructure items or the upgrading of any existing infrastructure items (including those recommendations of the approved Transport

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No. Description of Land Special Uses Conditions Assessment); and

(b) the apportionment of costs for any infrastructure provision.

4.2 An Infrastructure Implementation Plan is to be prepared by a suitably qualified person, to the specifications and satisfaction of the local government, which is to address, but is not limited to, the following:

(a) the allocation of responsibility for the provision of all identified infrastructure items; and

(b) arrangements for the implementation of all identified infrastructure items, including but not limited to the following:

(i) provision of pedestrian and bicycle pathways;

(ii) reconfiguration and/or improvements to:

(1) Picton Road to accommodate a slip lane;

(2) intersection treatment of Bunning Boulevard and Picton Road,

(3) intersection treatment of Duncan Way and Bunning Boulevard, and

(4) intersection treatment of Bunning Boulevard and Inkpen Road;

(c) the timing and/or staging of any infrastructure works.

4.4 The Development Contribution Plan and coupled Infrastructure Implementation Plan are to be submitted to the local government for consideration and approval prior to the adoption of a Structure Plan.

4. Amending the Scheme Map by:-

(a) deleting the “Development Investigation Policy Area” Special Control Area from Lot 100 Bunning Boulevard on the Scheme Map;

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(b) rezoning part of the land included in Lot 100 Bunning Boulevard from “Residential Zone” with a residential density coding of “R20” and “No Zone” to “Special Use Zone” with the text “S.U.61 - Local Centre” depicted over that portion of Lot 100 Bunning Boulevard in accordance with the Scheme Amendment Map; and

(c) rezoning part of the land included in Lot 100 Bunning Boulevard from “Residential Zone” with a residential density coding of “R20” to “Special Use Zone” with the text “S.U.62 - Mixed Use Frame” depicted over that portion Lot 100 Bunning Boulevard in accordance with the Scheme Amendment Map.

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City of Bunbury Town Planning Scheme No. 7 Scheme Amendment 78

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Lot 100 Bunning Boulevarde East Bunbury, WA and Building/Scheme...Amendment 78 to City of Bunbury...

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Transcript of Lot 100 Bunning Boulevarde East Bunbury, WA and Building/Scheme...Amendment 78 to City of Bunbury...