Local Planning Scheme Review Report - City of Bunbury and Building... · The Local Planning Strategy is intended to be the principal document of the Local Planning Policy Framework,

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]


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


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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


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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


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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.


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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.


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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)


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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.


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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



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



• 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).






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.



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



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”



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



• 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



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).



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…



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.



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.



• 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:



• 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



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



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 -



� 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



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.



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.



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



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.



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



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.



• 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.


▬ 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.



▬ 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.


▬ 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.


▬ 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).



• Relationship between transport infrastructure/facilities and movement generators (land use and development).


▬ 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.


▬ 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



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.




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.



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



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.


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;



• 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



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



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.



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.



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.



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.



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.



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 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



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.



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.



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.



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.



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.



• 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.



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.



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.



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



• 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



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;



• 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.



“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



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.



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.



Figure 11: The sustainability spectrum and the Local Planning Policy Framework.

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Examples in the spectrum of Sustainability and Resiliency issues

Examples in the spectrum of Land Use Planning and Development issues

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Community Strategic Plan > 20 year horizon

Local Planning Scheme 5 year timeframe

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Local Planning Strategy 20 year timeframe

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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



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



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.



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.



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.



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.



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.



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.


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.



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.


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.



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.



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).



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



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.



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.



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



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



• 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



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).



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.



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).



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.



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.



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



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.

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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



•

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



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



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



•

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



•

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



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



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



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


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



•

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



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



•

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



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



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



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



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’

.

Documents

Local Planning Scheme Review Report - City of Bunbury and Building... · The Local Planning Strategy is intended to be the principal document of the Local Planning Policy Framework,