revised caravan parks and camping grounds legislatio

8.3.1 CONSULTATION PAPER FEEDBACK TO THE DEPARTMENT OF LOCAL GOVERNMENT – REVISED CARAVAN PARKS AND CAMPING GROUNDS LEGISLATION

File No 4C0101 Date of meeting: 23 September 2014 Location/Address Various Name of Applicant Department of Local Government Author Rob Paull, Director Development Services Declaration of Interest Nil Voting Requirements Simple majority Summary: This Report addresses the invitation for public comment by the Department of Local Government (DoLG) on the consultation paper ‘Proposal for Caravan Parks and Camping Grounds Legislation’. Initial comment has been made by the Shire in order to achieve the deadline set for lodgment of submissions. Council’s is requested to note and if required, provide any comments to the Shire’s submission. Background: The State Government is seeking to make changes to the Caravan Parks and Camping Grounds Act 1995 (CPCG Act). In doing so, DoLG established a consultation paper and invited public comment on proposed changes to the CPCG Act. Consultation: The Shire has not undertaken any consultation as part of this Report. The matter before Council reflects the Shire’s response to the consultation process undertaken by DoLG on the consultation paper ‘Proposal for Caravan Parks and Camping Grounds Legislation’. Statutory Environment: Caravan Parks and Camping Grounds Act 1995 Caravan Parks and Camping Grounds Regulations 1997 Relevant Plans and Policy: None known Financial Implications: None known Risk Assessment: There are no identified risks associated with this proposal. Community & Strategic Objectives: The proposal has the potential to comply with the following Outcome in the Shire of Carnarvon’s Strategic Community Plan 2011:

Outcome 5.2 A high standard of governance and accountability.

5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment: DoLG has prepared a consultation paper titled ‘Proposal for Caravan Parks and Camping Grounds Legislation’ with the desire to elicit comment from industry, local government and consumers in relation to the review of Caravan Parks and Camping Grounds Act 1995 and the Caravan Parks and Camping Grounds Regulations 1997. (Note: Schedule 8.3.1 (i))

Based on the Shire’s experience with respect to the implementation of the current legislation along with the practicalities of the inputs from other legislation (especially health, building and planning), the Shire has provided comment to the Department in order to achieve the deadline set for lodgment of submissions (note Schedule 8.3.1(ii)). OFFICER’S RECOMMENDATION That Council: 1. Note the submission to the Department of Local Government’s consultation paper titled ‘Proposal

for Caravan Parks and Camping Grounds Legislation’ as provided in Schedule 8.3.1(ii) to the Shire Report.

Consultation Paper

Proposal for Caravan Parks and

Camping Grounds Legislation

30 May 2014

This consultation paper is an initiative of the Western Australia Caravan and Camping

Action Plan, which is supported by the State Government’s Royalties for Regions

program to improve caravan park and camping experiences.

The Consultation Paper ‘Proposal for Caravan

Parks and Camping Grounds Legislation’ is

available for viewing and download from the

Department of Local Government and

Communities website in a variety of formats,

including this Word version.

The professional print and PDF versions will

have a cover design like the picture on the left.

Consultation Paper

Proposal for Caravan Parks and Camping Grounds Legislation

30 May 2014

Prepared by:

Department of Local Government and Communities

Gordon Stephenson House

140 William Street

PERTH 6000

GPO Box R1250

PERTH WA 6844

Telephone: (08) 6551 8700

Fax: (08) 6552 1555

Freecall (Country Only): 1800 620 511

Email: [email protected]

Website: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

All or part of this document may be copied. Due recognition of the source would be

appreciated.

Translating and Interpreting Service (TIS) telephone: 13 14 50

Disclaimer: Although every care has been taken to ensure accuracy in the preparation of

this paper, the information has been produced as general guidance for persons wishing

to make submissions to the review. The contents of the paper do not constitute legal

advice or legal information and they do not constitute government policy. This paper

should not be used as a substitute for a related act or professional advice.

This publication is free. The Department of Local Government and Communities has no

objection to copying all or part of this document. Due recognition of the source would be

appreciated.

mailto:[email protected]

http://www.dlgc.wa.gov.au/CPCG-Consultation-Paper

Introduction

This consultation paper is an invitation for public comment on proposed changes to the

Caravan Parks and Camping Grounds Act 1995 (CPCG Act). It contains detailed

information on the proposed changes and guidance questions to assist people wishing

to submit comments on all or part of the paper.

This consultation paper, which forms a Regulatory Impact Statement (RIS), has been

prepared by the Department of Local Government and Communities (the Department) in

accordance with the Western Australian Government’s requirement for Regulatory

Impact Assessment and to facilitate public consultation on the proposed development of

a new Caravan Parks and Camping Grounds Legislation.

Submissions

Online versions of this consultation paper and an associated feedback form have been

created to assist you in preparing your submission. They can be found on the

Department’s website at www.dlgc.wa.gov.au/CPCG-Consultation-Paper.

To assist with submission processing, it would be appreciated if topic headings and/or

guidance questions are used where possible.

For your convenience, the guidance questions are also available in a separate

Feedback Form available on the Department’s website at www.dlgc.wa.gov.au/CPCG-

Consultation-Paper.

Please note that all responses to the consultation paper may be made publicly available

on the Department’s website. If you would prefer your name to remain confidential,

please indicate this in your submission. If you would like the entire submission to remain

confidential, please mark it “Private and Confidential”.

Written comments, queries and submissions should be forwarded no later than

1 September 2014.




Please direct all comments and submissions:

By email to: [email protected] noting ‘Caravans and Camping Review’ in the

subject line.

By post to:

Principal Policy Officer – Caravans and Camping Review


GPO Box R1250, Perth WA 6844

If you have any queries in relation to the consultation paper, please contact:

Principal Policy Officer – Caravans and Camping Review


Telephone: (08) 6551 8700

Freecall: 1800 620 511 (Country Only)

Fax: (08) 6552 1555



Contents

Introduction ................................................................................................................. 3

Submissions ................................................................................................................ 3

Executive Summary .................................................................................................... 6

Background ................................................................................................................. 8

Objectives ................................................................................................................. 10

Review Process and Timetable ................................................................................. 11

Consultation Workshops ........................................................................................... 11

Public Consultation Phases ...................................................................................... 11

Phase One – CPCG Act Consultation Paper ...................................................... 11

Phase Two – Proposed Drafting Instructions ...................................................... 12

Scope of the new legislation ..................................................................................... 14

1. Definitions ........................................................................................................... 14

2. Holiday parks ...................................................................................................... 18

Residential Parks ................................................................................................ 18

Zoning ................................................................................................................. 19

3. The objects of the new Act.................................................................................. 21

4. Building standards .............................................................................................. 21

5. Buildings allowed ................................................................................................ 23

6. Licensing regime ................................................................................................. 24

6.1 Licence categories ........................................................................................ 24

6.2 Management Plan Model .............................................................................. 26

6.3 Duration of licence ........................................................................................ 28

6.4 Renewal of licence ........................................................................................ 30

7. Licensing authority as operators ......................................................................... 31

Independent licensing authority .......................................................................... 31

8. Application of the Act to public sector body ........................................................ 32

9. Enforcement ....................................................................................................... 33

10. Amount of penalties ............................................................................................. 35

11. Regulations ......................................................................................................... 36

12. Other provisions .................................................................................................. 37

12.1 Duties of the licence holder....................................................................... 37

12.2 Registers................................................................................................... 38

12.3 Caravan Parks and Camping Grounds Advisory Committee .................... 40

12.4 Local laws ................................................................................................. 41

12.5 Discretion to grant exemption ................................................................... 41

12.6 Transitional provision relating to existing caravan parks and

camping grounds ...................................................................................... 42

12.7 Licensing of caravans ............................................................................... 43

12.8 Overflow facilities ...................................................................................... 44

12.9 Stopping on the road ................................................................................ 46

Annexure A ............................................................................................................... 48

Acknowledgements ................................................................................................... 52

Page 6: Consultation Paper – Proposal for Caravan Parks and Camping Grounds Legislation

Executive Summary

The State Government proposes to develop new caravan parks and camping grounds

legislation to replace the existing Caravan Parks and Camping Grounds Act 1995

(CPCG Act). The overarching objective is to provide a legislative framework which

meets the needs of consumers, operators and regulating authorities, reduces red tape

and safeguards the health and safety of users.

The anticipated outcome from the development of the new legislation is an

improvement in:

clarity in the interpretation of the legislation;

consistency of application of the legislation by local governments;

consistency of application of the legislation by State government agencies; and

flexibility of the prescribed requirements under the legislation for existing and

new developments.

This consultation paper seeks your comments on proposals outlined in this paper. In

particular, the new legislation will focus on the health and safety standards of sites

designated for the use of a caravan, campervan or tent.

It is proposed that the new legislation focus on holiday parks1 (previously known as

caravan parks and camping grounds), recognising that these have a variety of users.

The term ‘holiday park’ will provide the flexibility to allow the market to drive the supply

of accommodation types. It is proposed that all holiday parks be subject to the same

health and safety standards regardless of whether they are operated by a public sector

body or a private operator.

Residential parks2 are proposed to be assessed as residential developments under

relevant development and planning policies. Park homes are currently defined as

‘vehicles’ under the CPCG Act but treated as a buildings with wheels – they have to

comply with the Building Code of Australia (BCA). It is proposed that the treatment of

park homes be clarified by transferring the certification process of park homes to the

Building Act 2011 (the Building Act).

1 See definition in Table 3: Proposed definition in new legislation of this consultation paper.

2 Residential parks are also known as park home parks. They contain long-stay sites and some only cater

wholly to long-stay occupiers.


The proposed licensing regime focuses on a management plan proposed by the

operator. The management plan is assessed by the licensing authority for its compliance

with minimum health and safety standards, its delivery of products to the identified

market segment(s) and the addressing of environmental and risk matters. When

approved, it will form the basis for the licence. This model is expected to be sustainable,

support commercial viability and meet changes in the market as it is consumer focused.

It is proposed to increase the scope of the Act to include public sector bodies.

Where possible, the headings of the consultation paper are set out in accordance with

the provisions in the CPCG Act. Proposals are developed to facilitate the review of this

complex piece of legislation. Comments are encouraged for the entire CPCG Act, and

not just restricted to the matters raised in this consultation paper.

Please note: unless marked “Private and Confidential”, all correspondence and

submissions will be regarded as public documents and may be made available on the

Department’s website.

The review of the CPCG Act and the development of new legislation address

Recommendation 1 of the Western Australian Caravan and Camping Action Plan

2013-18 and are supported through the State Government’s Royalties for Regions

program.

Recommendation 1 of the Western Australian Caravan and Camping Action Plan

2013-18 is as follows:

Review legislation and regulations, including the Western Australian Caravan Parks and

Camping Grounds Act (1995) and Regulations (1997), to increase the supply of caravan

parks and campgrounds to meet visitor demand and commercial market realities.3

3 Recommendation No. 1. Tourism Western Australia, Western Australian Caravan and Camping Action

Plan 2013-18.


Background

The CPCG Act came into effect on 1 July 1997 and there have been no substantial

amendments to it since that time. It was over sixteen years in development and its focus

was to provide for the regulation of caravanning and camping, to control and license

caravan parks and camping grounds, and to provide standards in respect of caravans.

The CPCG Act delivers licensing, inspection and enforcement powers to local

governments in order to administer the legislation. The main provisions of the CPCG Act

are the process of application for a licence, duties of the licence holder, keeping a

register of licences, right of inspection, and providing for the making of subsidiary

legislation such as regulations and local laws.

The CPCG Regulations deal with matters under the CPCG Act that include: standards of

design, construction of caravans and annexes, health and safety standards of services

and amenities, vehicular traffic, forms and fees, type of licences and penalties.

There are approximately 400 caravan parks in Western Australia4, about half of the

caravan parks only cater to long-stay tenants. According to the 2012 registration figures

in Western Australia; there are 72,405 caravan and camper-trailer registrations and

8,127 campervans registrations. This represents 30 registrations for every 1,000 people

which is understood to be the highest proportion in any Australian state.

The following table provides information on other relevant legislation and its application

to a holiday park (caravan parks and camping grounds).

Table 1: Information on regulatory tools related to a holiday park

Holiday Park Key Aspect Regulatory Tool

Land use, zoning issues,

proportion of long-stay tenants

and short-stay tenants in a

holiday park

Planning and Development Act 2005, Planning

Bulletin 49 and 71

Local Government Tourism Planning Strategies

Local Government Town Planning Schemes

Metropolitan Region Scheme

4 Economics and Industry Standing Committee, Provision, Use and Regulation of Caravan Parks (and

Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p. 17.


Holiday Park Key Aspect Regulatory Tool

Building standards and building

approval

Building Act 2011

Building Code of Australia

Granting or renewal of licence,

inspections, level of facilities

Caravan Parks and Camping Grounds Act 1995

Caravan Parks and Camping Regulations 1997

Security of tenure and consumer

protection in relation to buying

and selling of park homes

Residential Tenancies (Long-Stay Tenants) Act

2006

Why change the act?

The CPCG Act and associated regulations are very prescriptive and have not had the

flexibility needed to cope with changes to the market and consumer expectations. For

example, many travellers now have fully self-contained recreational vehicles (RVs) that

do not need the same facilities that are prescribed in the CPCG Act. This uniformity has

stifled the ability of operators of facilities to respond to different market segments.

Therefore, new legislation is necessary to address current deficiencies.

Research for the Consultation Paper

The Parliamentary Economics and Industry Standing Committee conducted a review of

the industry in 2009, with its report ‘Provision, Use and Regulation of Caravan Parks

(and Camping Grounds) in Western Australia’ tabled on 15 October 2009 (the EISC

Report). On 25 May 2010, the government tabled its response to the EISC inquiry.

These recommendations and government agency responses have been considered in

the development of the proposals in this consultation paper.

Across Australia there is no consistent approach to the regulation of caravan parks and

camping grounds. Research on the different States shows that only Western Australia,

New South Wales and Victoria have specific legislation that deals with standards of

holiday parks. These States also prescribe separate standards for park homes. One of

the focuses of the CPCG Act is to provide for laws and regulations which would apply

uniformly across the State. Other states such as Queensland, South Australia and

Tasmania use local laws or planning laws to regulate holiday parks, leading to a wide

range of standards and processes.


Objectives

One of the key functions of government is to minimise risks to the community (where

they cannot otherwise be managed). It is intended that the new legislation be less

prescriptive and focus on the management of health and safety risks in relation to

caravan and camping facilities.

Principles

The four key principles that have guided the approach to the review and development of

the new regulatory framework are:

1) Minimalist in its regulatory approach / to reduce the red tape while managing the

risks associated with the operation of holiday parks.

2) Where appropriate, to allow for a sustainable market driven approach to product mix

and park design.

3) To provide a flexible operating environment to meet the changing needs and

expectations of holiday park users.

4) To promote consistency in approach to administration of the new regulatory

framework.


Review Process and Timetable

It is recognised that many stakeholders including: consumers, industry, state

government departments and local government have an interest in the caravan parks

and camping grounds legislation. The review is being led by an Interagency Advisory

Group assembled to facilitate the development of a new CPCG Act and to explore key

policy issues.

Consultation Workshops

Consultation workshops were held as part of the development of this consultation paper

to identify key issues with the current legislation and to develop key policy options for

wider consultation. Government agencies and relevant stakeholder groups were invited

to participate in the workshops.5

Five workshops were held in December 2013 to January 2014 on the following topics:

1. Regulation of Park Homes and Park Home Estates

2. Minimum Standards

3. Catering for the Different User Groups

4. Roadside Rest Areas

5. Role of Local Government and State Government as Operators.

Public Consultation Phases

There are two main public consultation phases for the development of the new Act.

These are outlined below:

Phase One – CPCG Act Consultation Paper

The aim of this Consultation Paper is to obtain the views of the general public,

operators, local government, industry stakeholders and government agencies on the

effectiveness of the current CPCG Act and what the new legislation should look like. The

Consultation Paper will be published for public comment for a period of three months.

5 A list of the organisations participating is contained in Acknowledgements of this Consultation Paper.


Phase Two – Proposed Drafting Instructions

Submissions received for this Consultation Paper will be analysed and positions

developed to inform the drafting instructions for the new legislation. These will be

published for further public comment for a period of three months.

As the Caravan Parks and Camping Grounds Regulations 1997 (the CPCG

Regulations) contain the fine detail that fill in the broad outline in the legislation,

preliminary work on these will take place in parallel with the work on the new Act. It is

intended that a consultation paper on the CPCG Regulations is released in association

with Phase two of the Act development and consultation.

The timetable below provides an overview of the review process and intended timeframe

for each stage of the process.

Table 2: Intended timeframe for the review process

Phase Activity Start Finish

Preliminary Workshops with key stakeholders

held to discuss key topics for input

into the CPCG Act Consultation

Paper

December

2013

January

2014

Phase 1: Drafting of the Consultation Paper January

2014

April 2014

CPCG Act Consultation Paper

released for state-wide public

comment

May 2014 September

2014

Phase 2: Preparation of CPCG Regulations

Consultation Paper

June 2014 September

2014

Analysis of feedback received on the

CPCG Act Consultation Paper,

drafting of decision paper

September

2014

October

2014

Preparation of Drafting Instructions November

2014

January

2015

Release of Regulation Consultation

Paper for Statewide public comment

Dec 2014 April 2015


Phase Activity Start Finish

Release of Drafting Instructions for

state-wide public comment

January

2015

April 2015

Analysis of submissions received and

drafting of the Bill

April 2015 August 2015


Scope of the New Legislation

1. Definitions

The Government accepts Recommendation 47 of the EISC Report which states:

The Minister for Local Government ensures that the current legislative review of the

CPCG Act and subsidiary legislation includes a review of the definitions used throughout

the legislation, updating those necessary to reflect contemporary practice.6

The following key definitions are proposed for the new legislation.

Table 3: Proposed definition in new legislation

Current term under the CPCG Act

Proposed definition in new legislation

Comment

None Licensing authority

The licensing authority is the

State if the Minister has decided

that the State is to be the

licensing authority.

If the licensing authority is not the

State, the licensing authority is

the local government in whose

district the proposed holiday park

is, or is proposed to be, located.7

Where the facility is on Crown

land or is operated by a

government agency, the Minister

will have the power to determine

that the State Government is the

licensing authority.

The local government will

continue to be the licensing

authority in all other cases. See

8. Application of the Act to public

sector body for more information.

6 Recommendation No. 47. Economics and Industry Standing Committee, Provision, Use and Regulation

of Caravan Parks (and Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p. 296. 7 This is modelled after the Building Act 2011.




Comment

Relates to the Land

Caravan park Holiday park

Holiday park means an area of

land on which caravans,

campervans and/or tents are

situated for habitation primarily by

short-stay occupiers. It may

include ancillary accommodation

depending on zoning and the

licence conditions of the holiday

park.

This definition is intended to

describe mixed-use caravan

parks as the term ‘caravan park’

does not reflect current practice

that most caravan parks are

mixed-use. Camping grounds will

be a limited form of a holiday

park.

What buildings will be allowed in

a holiday park is discussed under

5. Buildings allowed.

None Short-stay occupier

Short-stay occupier means a

person or one group of persons

who occupies a holiday park for

no longer than 3 months in any

12 month period.

This places the focus of the

definition on the person and not

the site as any site could qualify

as a short-stay site.

Short-stay site Short-stay site

Short stay site means a site at a

holiday park which is to be

occupied by a short-stay

occupier.

This places the focus of the

definition on the person and not

the site as any site could qualify

as a short-stay site.

Long-stay site Long-stay site

Long-stay site means a site at a

holiday park which can be

occupied consecutively by the

one person or one group of

persons, for longer than 3 months

in any 12 month period.

This distinguishes long-stay site

from short-stay site.




Comment

Relates to Types of Accommodations

Caravan Caravan

Caravan means a trailer that is

fitted or designed to be:

(a) Attached to and towed by

a vehicle;

(b) Used for habitation; and

(c) Capable of being

registered/licensed (within

the meaning of the Road

Traffic Act 1974) as a

trailer.

This will include camper trailers

but exclude non-transportable

homes and park homes.

Campervan Campervan

Campervan means a vehicle

designed to be used both as a

vehicle and for habitation,

capable of being

registered/licensed (within the

meaning of the Road Traffic Act

1974) as a motor vehicle.

This definition will capture

motorhomes and RVs but

exclude transportable homes and

park homes.

Park home No definition of park home as it

will be classified as a building

under the BCA and the Building

Act.

Transportable cabins/chalets and

park homes will be treated in the

same way – as buildings under

the BCA.

Camp (noun) Tent

Tent means any portable tent

which, apart from any rigid

support frame, has walls and a

roof of canvas or other flexible

material.

The noun ‘camp’ is proposed to

be replaced by ‘tent’. This will

remove the dual use of the term

‘camp’ both as a noun and as a

verb.

This definition includes safari

tents which are portable but not




Comment

those on a rigid floor.

Any other type of tent that is not

‘portable’ and/or has a rigid floor

will be required to be assessed

under the Building Act.

Camp (verb) Camp (verb)

Camp means to stay or lodge in a

tent, or other transportable thing

of any kind used or capable of

being used for habitation, and

includes a caravan, campervan

or other vehicle.

The new definition of the verb

‘camp’ will be similar to the

definition in the Conservation and

Land Management Regulations

2002.

Guidance Questions

Your comments and feedback are welcomed on all or part of this consultation paper.

The following guidance questions have been created to assist you with your

submission. It would be appreciated if they were referenced for ease of processing.

The guidance questions can also be found in our online Feedback Form at:

www.dlgc.wa.gov.au/CPCG-Consultation-Paper.

Question 1: Are there any issues with the proposed definitions in Table 3: Proposed

definition in new legislation of this consultation paper? Please explain.

Question 2: Are there other significant term that requires definition? If so, what is/are

the term(s) and your proposed definition(s)?

Question 3: Can you identify any particular cost impacts or benefits that may result

from the implementation of these proposed definitions? Please provide details.



2. Holiday parks

The uses of holiday parks vary and can be broadly categorised as follows:

Holiday accommodation (short-stay)

Workers accommodation (short-stay or long-stay)

Residential accommodation (long-stay)

Accommodation for people in transit (overnight or short-stay)

Respite accommodation (short-stay)

Due to market demand and commercial viability, holiday parks have evolved to offer

different types of accommodation products including cabins, chalets, caravans, park

homes and tents. As stated in the EISC Report, ‘travellers appear to want fewer and

more basic facilities, while holidaymakers may want more amenities to enhance their

holiday experience at that park’.8 Therefore, a one-size-fits-all approach is no longer

appropriate and the terms ‘caravan parks’ and ‘camping grounds’ may not be an

accurate description of current facilities where they consist of various holiday

accommodation types.

Different planning policies, zoning, building legislation and the complexity of the CPCG

Act, have created confusion on the legality of the placement of certain types of

accommodation in holiday parks. It is proposed that the out-dated terms ‘caravan parks

and camping grounds’ are replaced with the more general term ‘holiday parks’. This will

recognise the primacy of holiday use, the mix of different product types that exist on

holiday parks and are required for commercial viability, whilst also allowing future

accommodation types to be developed. The use of holiday accommodation, whether it is

for short-stay or long-stay, will be a secondary consideration.

Residential Parks

Caravan parks have traditionally catered for tourists and holidaymakers. However, they

are now recognised as providing a legitimate form of residential accommodation.9 It is

recognised that the demand of the caravan industry is seasonal and ‘permanents’ or

‘long-stay tenants’ provide consistent income and out of season benefits for operators.


Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p. 48. 9 Finding No. 101. Economics and Industry Standing Committee, Provision, Use and Regulation of

Caravan Parks (and Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p. 250.


One of the unintended consequence with formally recognising long-stay residential

accommodation in caravan parks is that it has allowed caravan parks to develop solely

for long-stay residence, commonly known as ‘residential parks’, ‘lifestyle villages’ or

‘park home parks’. As quoted in the EISC Report, the Shire of Busselton described the

development of ‘retirement park home facilities on sites intended for tourism use’ as an

exploitation of a ‘loop hole in the Regulations’.

Residential parks that only cater to long-stay tenants should be assessed under a more

appropriate regulatory framework similar to a typical residential development. The

Interagency Advisory Group supported the Government’s response to the EISC Report

that the CPCG Act is no longer an appropriate statutory basis for the lifestyle village

form of residential development.

The issue of eligibility for rent assistance for residents of lifestyle villages/residential

parks was raised in the consultation workshops. The Department has clarified with the

Australian Government Department of Human Services that the classification of park

homes as ‘buildings’ rather than ‘vehicles’ will not impact on an otherwise eligible

resident’s receipt of Rent Assistance. The Rent Assistance is linked to the payment of

rent for the land, not the park home’s classification under the CPCG Act.

Zoning

The use of the current CPCG Act to establish residential enclaves raises planning and

development issues.10 Allowing long-stay residency on tourism zoned land goes against

the intent of the zoning.

Although zoning and planning matters are not within the scope of the CPCG Act, it was

still considered important to consider them in this review. It is believed that the mix of

long and short-stay sites within caravan parks is best determined at a local level via a

local government’s local tourism planning strategy.11

The proportion of long-stay and short-stay occupants in a holiday park will be

determined by the developer and local government on the basis of planning policies,

market demand and operational viability. The management plan12 can set out the mix of


Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p. 217. 11

Finding No. 89 Economics and Industry Standing Committee, Provision, Use and Regulation of Caravan Parks (and Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p. 222. 12

For detailed discussion of Management Plans refer to 6.2 Management Plan Model of this consultation paper.


accommodation facilities in a holiday park. This is subject to approval by the licensing

authority. If an operator decides to change the mix then a revised management plan will

be required to be submitted.

It is proposed that the new legislation can contain a similar provision to improve clarity

around the future development of holiday parks; that they have to comply with the

Planning and Development Act 2005.

Proposal 1: The principal focus of the new legislation is on holiday parks and relevant

holiday accommodation.

Proposal 2: Caravan parks and camping grounds are referred to as holiday parks in the

new legislation.

Proposal 3: The new legislation no longer covers long-stay residential parks which will

be treated like any other residential village.

Proposal 4: The development of holiday parks has to comply with the Planning and

Development Act 2005 and associated legislation.

Guidance Questions

Question 4: Do you support the change in terminology from ‘caravan parks and

camping grounds’ to ‘holiday parks’? If yes, why? If no, why?

Question 5: Should the new legislation contain a provision that before granting a

licence for a holiday park, relevant provisions of planning legislation must be complied

with? Please explain.

Question 6: What impacts will the distinction between long-stay residential parks and

holiday parks have on users, developers and administrators?

Question 7: What are the impacts if long-stay residential parks are removed from the

new legislation and treated as residential developments?

Question 8: Should there be a transitional clause to exclude long-stay residential

parks from the new legislation? If so, what do you suggest as a transitional clause?


from removing long-stay residential parks from the new legislation? Please provide

details.


3. The objects of the new Act

The main purpose of the legislation is to ensure that minimum health and safety

standards are met in holiday parks. It is proposed that the new objects reflect this.

Proposal 5: The following are the proposed objects of the new CPCG Act:

An Act to –

(a) minimise the health and safety risks to the users of holiday parks;

(b) provide for the licensing and regulation of accommodation located in holiday parks;

and for other related matters.

Guidance Question

Question 10: Are these proposed objects sufficient? Please explain.

4. Building standards

It is proposed that long-stay residential parks be treated as residential developments

and will consequently fall outside the scope of the new legislation. However, there are

circumstances where individual park homes and other accommodation buildings will be

located on a holiday park.

One of the issues which arises from the use of the CPCG Act to provide for long-stay

accommodation relates to building approvals and compliance.13 As a park home is

defined as a vehicle under the current CPCG Act, building approvals are different for an

identical park home type dwelling that is located on a caravan park facility compared to

one that is on a piece of land outside a licensed facility. This causes confusion and

potential inequities.

Under regulation 4 of the CPCG Regulations, a park home is a caravan in which a

licence is not required under the Road Traffic Act 1974, because it could not be drawn

by another vehicle on a road due to its size. Some park homes are the principal homes

for the residents; hence the building, health and safety standards need to reflect this.

The EISC report states that the Committee supports the notion that all transportable

buildings are treated the same and that buildings and vehicles should be clearly




differentiated. Buildings should be covered by building legislation with its associated

standards, and vehicles should be regulated under a vehicle or other licensing regime.14

It was also raised in the consultation workshop that it is more appropriate to define ‘park

homes’ as buildings (transportable) rather than caravans.

This will not mean that park homes are not allowed in holiday parks; rather it means that

the certification process is recommended to be under different and more appropriate

legislation. This is also consistent with how other permanent and transportable buildings

(i.e. chalets and cabins) are certified and assessed under the Building Act in existing

tourist facilities. The ‘transportable’ element of a park home will remain unchanged as

the Building Act already deals with ‘transportable buildings’.

The tables outlined in Annexure A, compare the building approval process for park

homes and transportable chalets/cabins.

If park homes are certified under the Building Act, only the certification process is

changed. There will be no changes to the building standards in relation to park homes

as the same building standards under the BCA continue to apply. As mentioned in

table 2 in Annexure A, the costs involved with the park home being certified under the

Building Act will be the relevant cost of obtaining a building permit.

Proposal 6: Park homes are treated as buildings under the Building Act in the same

way as other transportable buildings.

Proposal 7: Rigid annexes are treated as structures under the Building Act.

Guidance Question

Question 11: What are the likely impacts if the approval process of park homes and

rigid annexes fall under the Building Act?


from treating park homes as buildings and rigid annexes as structures under the

Building Act? Please provide details.




5. Buildings allowed

It is important that holiday parks have the ability to cater to the needs of particular

groups of visitors (market segments) and have a variety of accommodation types from

buildings such as chalets and cabins to sites available for caravans, campervans and

tents. Hence, it seems important that buildings continue to be allowed at the holiday park

under the new legislation and be dealt with under Building and Planning legislation. The

new legislation will continue to address the risk of the placement of buildings in relation

to caravans, campervans and tents.

The local planning scheme and other local government planning instruments determine

what accommodation types are allowed on holiday parks. If there are various

accommodation types proposed by the operator, the developer and local government

will determine what proportion will be licensed as a holiday park under this Act. This

should be aligned with the local planning strategy or local tourism planning strategy and

the market segment(s) that the operator is aiming to attract and form part of the

management plan.

Any additional building or structure shall not be situated so that they prevent the mobility

of a caravan and campervan, nor the removal of transportable buildings within 24 hours.

This is because these vehicles do not provide the same level of protection as buildings,

it is important for the safety of occupants that they can be readily relocated in an

emergency. It is proposed that there is physical and visual separation of a facility into

zones according to the accommodation type.

In order to prevent the development of permanent residential developments in a holiday

park, it is proposed that any building and associated structure which a person other than

a short-stay occupier resides must be transportable, apart from any manager’s

residence. Chalets and cabins which are not transportable will only be able to be

occupied by short-stay occupiers.

Proposal 8: Land zoning, local government planning schemes and other planning

instruments determine the type of accommodation allowed on a holiday park, with the

mix of accommodation types forming part of the approved management plan.

Proposal 9: Any building and associated structure, apart from any manager’s residence,

which a long-stay occupier occupies, must be transportable.


Guidance Questions

Question 13: Should (residential) buildings be allowed to be constructed or placed on

holiday parks? Why or why not?

Question 14: Do you support all forms of accommodation occupied by long-stay

tenants being transportable? Why?

Question 15: Is a requirement that a transportable building or vehicle be able to be

removed in 24 hours reasonable? Why or why not?

Question 16: What non-residential buildings should be allowed to be constructed – or

required – on a holiday park and for what purposes?

Question 17: Can you identify any particular cost impacts or benefits from requiring all

buildings and associated structures to be transportable (apart from any manager’s

residence)? Please provide details.

6. Licensing regime

The current CPCG Act stems from the Health Act 1911 and is essentially designed to

minimise the health and safety risks associated with caravan parks and camping

grounds. The licensing regime is a regulatory tool to regulate and monitor these risks.

Under the CPCG Act, a person operating a caravan park or camping ground must have

an appropriate licence.15 Public sector bodies are exempted from the CPCG Act. Local

government facilities do not have to be licensed as the local government is the licensing

authority. Local governments facilities do, however, have to comply with the other

provisions of the CPCG Act, please see 7. Licensing authority as operators in this

consultation paper.

6.1 Licence categories

Under Schedule 2 of the CPCG Regulations, there are currently six types of licences

that can be granted. These licences are as follows:

Caravan park licence

Camping ground licence

Caravan park and camping ground licence

15 Section 6 Caravan Parks and Camping Grounds Act 1995 (WA).


Park home park licence

Transit park licence (stay of no longer than 3 consecutive nights)16

Nature-based park licence (stay of no longer than 3 consecutive months)17.

Through consultation with relevant stakeholders, it appears that ‘caravan park licence’ is

the most common type of licence issued. The six different types of licence under the

CPCG Regulations should be simplified to reflect current practice where most holiday

parks are mixed use and contain different types of accommodation. The simplification

will allow a development application to be assessed on a case-by-case basis instead of

trying to fit it in an existing category. This will in turn allow flexibility and ensure that

health and safety risks involved in different types of developments are addressed

accordingly. Different parts of the one facility may have distinct features that differentiate

them from each other such as level of facilities, length of stay and accommodation types

allowed.

Industry stakeholders and local government have also expressed confusion about the

vague definition of ‘nature-based park’ and ‘transit park’. Under Schedule 8 of the

CPCG Regulations, a nature-based park ‘means a facility where an occupier may stay

no longer than 3 consecutive months’. Under the CPCG Regulations, local government

has discretion to exempt nature-based park from providing certain amenities. A set of

design guidelines for the development of nature-based parks focusing on planning and

design has been developed.18 In addition, the draft Nature-based Parks Licensing

Guidelines have been developed to assist operators and local government.19 The CPCG

Regulations will be amended later this year in line with the Nature- based Parks

Licensing Guidelines and feedback received on the Nature-based Parks questionnaire,

as the current definition is vague and requires urgent amendment.

Proposal 10: The licensing categories are simplified to three categories: holiday park

licence, transit park licence and nature-based park licence.

The permitted use of the caravan park land and proportion of long-stay sites and short-

stay sites are determined through the planning and development approval and licensing

process which is administered by the local government. Whilst land use, preservation of

caravan parks and planning is outside the scope of the CPCG Act and new Act, it is

16 Schedule 8 Caravan Parks and Camping Grounds Regulations 1997 (WA).

17 Ibid.

18 Resolve Global Pty Ltd on behalf of Department of Parks and Wildlife and Department of Local

Government and Communities, ‘A Development Guide for Nature based Caravan Parks and Camping Grounds in Western Australia’, 20 December 2010. 19

Draft Nature-based Parks Licensing Guidelines can be found at www.dlg.wa.gov.au/Content/Legislation/UnderReview/CaravanCampingLegislation/CaravanCampingRegulations.aspx

http://www.dlg.wa.gov.au/Content/Legislation/UnderReview/CaravanCampingLegislation/CaravanCampingRegulations.aspx

http://www.dlg.wa.gov.au/Content/Legislation/UnderReview/CaravanCampingLegislation/CaravanCampingRegulations.aspx


important to examine ways to streamline the various approvals needed to develop a

caravan park. The Department of Planning’s Planning Bulletin 49 provides guidance to

local government in relation to planning (including zoning and development) of caravan

parks.

Proposal 11: The licensing authority approves the ratio of long and short stay sites in a

holiday park when approving the management plan for the holiday park.

Guidance Questions

Question 18: Should there be separate licence category for nature-based parks?

Please provide reasons.

Question 19: Under what circumstances should a nature-based park licence be

issued?

Question 20: Should there be a separate licence category for transit parks? Please

provide reasons.

Question 21: Under what circumstances should a transit park licence be issued?

Question 22: In your opinion, is it reasonable that different parts of a holiday park

which cater to different market segments have different levels of facilities and different

conditions attached to them? Please explain.

6.2 Management Plan Model

It is proposed that the licensing regime focuses on a management plan prepared by the

operator. This management plan will be an extension of the development application

and approval. This new model is expected to be sustainable and able to readily meet

changes in the market as it is consumer focused.

The management plan will form the main planning document for the operator and be the

document a licensing authority uses to assess the application in order to license and

regulate the park. It will be assessed on a case-by-case basis by the licensing authority

while adhering to minimum health and safety standards under the new legislation. When

approved, it will be the basis for the licence issued and conditions associated with that

licence. This model is currently being proposed for the development of nature-based

parks.20

20 Draft Nature-based Parks Licensing Guidelines can be found at www.dlgc.wa.gov.au

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


Some of the matters that the management plan will need to address include:

1. Market segment being targeted.

2. Infrastructure to be provided (in light of the market segment).

3. The number and type of sites proposed.

4. The buildings proposed.

5. The proposed maximum capacity of the facility.

6. If a full range of infrastructure is not to be provided, include an explanation of the

impacts and how will this be managed.

7. Environmental impact and sustainability.

8. Waste management.

9. Traffic management.

10. Risk management.

If the operator wishes to make significant changes to the facility, a modified

management plan will need to be submitted to the licensing authority for approval.

Proposal 12: The use of a management plan forms a model for licensing holiday parks.

Proposal 13: The new legislation provides minimum health and safety standards

according to the types of facilities proposed in the management plan.

Guidance Questions

Question 23: How can the current licensing regime be improved?

Question 24: How can the planning approval and licensing approval process be

streamlined? Please provide details.

Question 25: How can the requirements of the planning approval be more aligned

with the requirements of the licence approval?

Question 26: What are the issues involved if the management plan model is used for

the application for, and the basis of, a licence?

Question 27: Will the use of a management plan that is tailored to the market

segment to be served by the holiday park result in a better outcome for users of that

park? Please explain.

Question 28: Can you identify any particular cost impacts or benefits with the

minimum health and safety standards being determined by the type of facilities in the

proposed management plan? Please provide details.


Question 29: Can you identify any particular cost impacts or benefits resulting from a

licensing regime based on a management plan model?

6.3 Duration of licence

Currently, the prescribed duration of a licence is one year from the day on which the

licence is granted or renewed.21 A licence remains in force for one year unless it is

provided otherwise in the licence or it is cancelled. Through the consultation workshops,

it has been raised that a one year licence period is too short. The lack of certainty for

operators can affect the economic viability of a facility.

It is proposed that there are longer licence periods and longer periods between

inspections to reward operators that are meeting the approved management plan

requirements. It was suggested through the workshops that the licence period be

extended from one year to five years. Inspections will be conducted during the licence

period, with their frequency determined by the results of the previous inspection and any

substantiated complaints received. This will create less administrative burden on the

operator and compliance demands on the licensing authority.

To add further certainty for the ongoing operation of the holiday park and to improve the

renewal process, it is proposed that operators should apply for renewal of their licence at

least three months before it expires. If the licence renewal is not processed by the

licensing authority before the licence expires, there is to be a presumption that the

licence will continue unless there have been breaches of the licence conditions or

legislation in that licensing period.

The new Act will still provide for the cancellation of a licence if the operator is found to

be in breach of the legislation and/or licence conditions – see 9. Enforcement of this

consultation paper for more information on compliance.

Proposal 14: The licence period be extended to five years.

Proposal 15: Application is to be made for renewal of licence at least three months prior

to the expiry of the licence. The licensing authority has three months to process the

application and if no decision is made within the timeframe, there is a presumption that

the licence has been renewed unless there is a breach of legislation or licence

conditions within the current licence period.

21 Regulation 52 Caravan Parks and Camping Grounds Regulations 1997 (WA).


Proposal 16: The licensing authority is to carry out an initial inspection within twelve

months of:

(a) the licence first being issued; or

(b) any change in operator; or

(c) any significant redevelopment of the facility.

Proposal 17: The timing of further general inspections will be determined by the results

of previous inspections, with the frequency of no more than once a year and no less

than once every three years.

Proposal 18: Additional inspections will be allowed in the following circumstances:

(a) where a complaint has been received or the licensing authority has reason to believe

that the conditions of the licence are not being met; or

(b) to determine that the breach of legislation or licence conditions has been rectified.

Proposal 19: The licensing authority charges the operator of a facility an inspection fee,

with the maximum fee prescribed in the new regulations.

Guidance Questions

Question 30: Is a five year licence reasonable? If not, how long should it be issued

for? Why?

Question 31: Should there be a presumption of the extension of a licence if the

licensing authority does not process the application within three months? Why or why

not?

Question 32: If the licence period is extended to 5 years, assuming fees are

calculated based on the types of sites, should licence fees be collected at the

beginning of the licence period or annually? Please justify.

Question 33: Can you identify any particular cost impacts or benefits with allowing the

licence period to be extended to five years? Please provide details.

Question 34: Is the proposed inspection regime outlined above reasonable and

practicable? Why or why not?

Question 35: Do you have any alternative suggestions on how licence and inspection

fees can be charged? Please provide details.

Question 36: Should there be a maximum length of time between inspections if the

facilities have no compliance issues?


Question 37: Can you identify any particular cost impacts or benefits with extending

the time period between inspections based on previous inspection results? Please

provide details.

6.4 Renewal of licence

In accordance with the management plan model, it is proposed that a new management

plan will not be required for application to renew a licence. The application for renewal

will contain a number of questions including asking whether the facility is still compliant

with the approved management plan and whether there have been changes to the

existing facilities, redevelopment or change of ownership/management.

A revised management plan will, however, be required if the facility is redeveloped

or expanded or if there are significant changes to the proposed type of use that is

inconsistent with the management plan. This will form the basis for the issue of a

new licence. Any licence fee that has been prepaid is to be credited against the new

licence fee.

See 6.3 Duration of Licence, Proposal 15, it is proposed that an application for renewal

of licence is to be made three months prior to its expiration. If the local government does

not make a decision within the timeframe, there is a presumption that the licence has

been renewed unless there is a breach of legislation or licence conditions within the

current licence period.

Proposal 20: A new management plan is not required for application to renew a licence.

Proposal 21: A new licence will be required on the basis of an approved revised

management plan if the facility is redeveloped or expanded or if there are significant

changes to the proposed type of use.

Guidance Question

Question 38: When should a new or revised management plan need to be lodged

with the licensing authority? Please explain.

Question 39: Can you identify any particular cost impacts or benefits with requiring a

revised management plan if:

(1) the facility is redeveloped or expanded; or

(2) there are significant changes to the proposed type of use? Please provide details.


7. Licensing authority as operators

Under the current CPCG Act, the local government is the licensing authority for the

operation of caravan parks and camping grounds. If the facility is operated by a local

government in its district, a licence is not required – that is, the local government does

not need to grant itself a licence.22 However, the local government’s facilities still have to

comply with all the requirements of the legislation that apply to other private operators.

One of the issues raised by industry stakeholders with a licensing authority operating its

own facility is conflict of interest. The issue of cost recovery and competitive neutrality of

licensing authority-operated facilities is, however, outside the scope of the CPCG Act

and proposed new legislation.

Independent licensing authority

It has been suggested that an independent licensing authority take the current role of

local government in licensing and regulating facilities.

The advantages given for this model include:

Removing the issue of perceived conflict of interest.

Ensuring that all licence approvals in the State are processed consistently.

Some disadvantages for this model include:

Significant increased cost to the industry as the cost of the independent licensing

authority will need to be fully met by licensees.

Potential increased cost to the users of holiday parks as the industry will pass on

the costs.

High costs in operating a centralised licensing authority with the ability to inspect

and regulate across our large State, including travel costs.

In a more decentralised model, the difficulty in hiring an inspector in regional

areas who is independent of local government.

Likely increase in back logs and delays of licence approvals and inspections done

around the State.



Guidance Questions

Question 40: Are there any other advantages and disadvantages in having an

independent licensing authority?

Question 41: Do you support the model of having an independent licensing authority

separate to the local government? Please provide your reasons.

Question 42: If you are a caravan park or camping ground operator, will the benefits

of this model outweigh the costs? Please explain.

8. Application of the Act to public sector body

The current CPCG Act does not apply to caravan parks and camping grounds

operated or leased to private operators by a public sector body.23 The exemption of a

‘public sector body’ from the CPCG Act currently results in perceptions of different

standards that apply to facilities on certain Crown land, private and local government

facilities. These perceptions can and have created confusion as to whether the CPCG

Act applies.

The proposal is that the new legislation applies to all facilities, including those owned,

operated or leased by a public sector body. It is, however, inappropriate for a local

government to be a licensing authority for a State/Federal agency. It is, therefore,

proposed that where a public sector body has a regulatory regime in place with

standards consistent with the new legislation, the Minister can declare that agency to be

the licensing authority for the purpose of those facilities.

Proposal 22: All caravan parks and camping grounds in WA are subject to the same

health and safety standards regardless of whether they are owned, operated or leased

by a public sector body.

Proposal 23: The licensing and enforcement process for caravan parks and camping

grounds operated by State agencies remain with the State where there is compliance

with the new legislation.

23 Section 3(1) Caravan Parks and Camping Grounds Act 1995 (WA).


Guidance Questions

Question 43: What are the consequences if caravan parks and camping grounds

operated by a public sector body are bound by the new legislation? Please provide

specific examples.

Question 44: If the legislation binds a public sector body, how should the facilities be

licensed and enforced?

Question 45: Should there be a difference in regulation between facilities operated by

a public sector body and those leased by that agency to private operators? Please

explain.

Question 46: Do you have any other comments on proposals 22 and 23?

Question 47: Can you identify any particular cost impacts or benefits of applying the

same health and safety standards to all caravan parks and camping grounds in WA,

regardless of whether they are operated by a public sector body or not? Please

provide details.

9. Enforcement

Through inspections of the caravan park or camping ground, local governments

currently have the following options to enforce the provisions of the CPCG Act–

Work specifications notice – A local government may give the licence holder a works

specification notice specifying that work is required to be carried out to ensure

compliance with the licence and the CPCG Act.24 A maximum penalty of $5000 can be

imposed for not carrying out the work in the work specifications notice.

Prohibition notice –The local government may by notice in writing give to a licence

holder a prohibition notice. The effect of the prohibition notice is that no new occupiers

can be admitted to the facility or that no charges can be collected from existing

occupiers when the prohibition notice is in force.25




Cancellation of licence – A local government can cancel a licence on the following

grounds under section 12 of the CPCG Act:

the licence holder has been convicted of an offence which, in the opinion of the

local government, renders the licence holder an unsuitable person to hold the

licence;

a condition imposed on the licence has been contravened; or

the licence was obtained by fraud or misrepresentation.

Legal proceedings – The local government (licensing authority) can take legal action

for an offence under the CPCG Act.

Infringement notices – An authorised person may give an infringement notice to an

alleged offender if he/she believes that a person has committed a prescribed offence

against the CPCG Act. The infringement notice has to be given within 21 days after the

alleged offence is believed to have been committed.26 The authorised person is

appointed by the local government/licensing authority.

A person who is aggrieved by a decision of a local government on the above

enforcement provisions in relation to licences, work specification notices and prohibitions

notices may apply to the State Administrative Tribunal for a review of that decision.27

A local government operated facility needs to comply with the same standards as

prescribed in the CPCG Regulations even though a licence is not required to operate the

facility. If the local government does not comply with the CPCG Act or Regulations, the

Minister for Local Government may give directions to the local government to do so. 28 A

local government which contravenes a direction under this section 16 of the CPCG Act

commits an offence and is liable to a penalty of $5000.29

Proposal 24: The enforcement provisions in the current CPCG Act are retained in the

new legislation.

Guidance Questions

Question 48: Are the enforcement options in the CPCG Act sufficient to ensure

compliance with the Act? Please provide reasons.






Question 49: What are the difficulties and issues involved with the current

enforcement provisions under the CPCG Act?

Question 50: What are your suggestions for improving the enforcement provisions of

the CPCG Act?

Question 51: Is the Minister’s direction sufficient to enforce the requirements of the

CPCG Act on a local government? If not, please provide alternative suggestions.

Question 52: Can you identify any particular cost impacts or benefits in retaining the

current enforcement provisions in the new legislation? Please provide details

10. Amount of penalties

The following table outlines the penalties for the offences under the CPCG Act.

Table 4: Penalties for offences under the CPCG Act

Description of offence Maximum Penalty

Operating a facility without the appropriate licence (s6) $5000

Incorrect display of the prohibition notice (s10) $2000

Contravention of the prohibition notice (s11) $5000

Breaching the duties of the licence holder (s13) $2000

Incorrect display of the licence (s13) $1000

Local government contravening a direction by the Minister (s16) $5000

Obstructing an authorised person lawfully acting under the CPCG

Act (s19)

$5000

Contravention of the works specifications notice (s21) $5000

Continuing offences (s24) $500 for each day

the offence is

continued

Regulations made under the CPCG Act can provide for penalties not exceeding $5000

and a further penalty not exceeding $500 for each day the offence continues.

Regulations can also prescribe modified penalties (fines) up to $500. (s28) These

apply on the issue of an infringement notice.


Description of offence Maximum Penalty

Local laws can provide for penalties not exceeding $5000 and a further penalty not

exceeding $500 for each day the offence continues. (s29)

Guidance Question

Question 53: Please provide your comments and suggestions on the quantum of

penalties (allowable amount) for the offences under the CPCG Act. Please justify your

reasons.

11. Regulations

The CPCG Act gives the Governor the power to make regulations prescribing all matters

that are required or permitted by the CPCG Act, or are necessary or convenient to be

prescribed, for giving effect to the purposes of the CPCG Act. Thus the Act provides a

head of power for the making of regulations.

Details of the prescribed level of facilities are contained in the CPCG Regulations. This

allows the prescribed level of facilities to be more readily amended to meet changes in

the industry and in the market.

It is intended that the existing CPCG Regulations will be reviewed and redeveloped at a

later stage in this legislative review process and public input will be sought. As a

preliminary step in this process, input is being sought on what the minimum health and

safety standards should cover.

Proposal 25: A regulation-making power will be included in the new legislation.

Guidance Question

Question 54: What do you think the minimum health and safety standards of holiday

parks should be?


12. Other provisions

12.1 Duties of the licence holder

The CPCG Act specifically outlines the duties of licence holders30. If the licence holder

does not ensure that these requirements are met, the licence holder can be liable for a

penalty of $1000 to $2000. The CPCG Act also provides that the CPCG Regulations can

further prescribe the obligations of licence holders.31 The duties of the licence holders

relate to the management of the facility, occupiers’ access within the facility and the safe

use and enjoyment of the facility.

The licence holder needs to ensure that the occupiers and the facility comply with the

CPCG Act and Regulations. The following table outlines a number of the duties of the

licence holder under the CPCG Act. Please indicate in the table whether the duty should

be in the new legislation.

Table 5: Review of duties of licence holders

Duties of licence holders Remain in new legislation?

Duty 1: The licence holder must ensure that a manager or

other responsible persons resides in or near the facility and

is accessible at all times in case of an emergency. At a

caravan park, the manager or other responsible persons

must be available at the office during normal office hours.

☐ Yes ☐ No

Duty 2: A register of occupiers is maintained. ☐ Yes ☐ No

Duty 3: Copies of relevant certificates in relation to park

home approvals are kept at the facility with the register of

occupiers.

☐ Yes ☐ No

Duty 4: Copies of the Act and any subsidiary legislation

made under this Act, facility rules and any special conditions

imposed on the licence are readily available for inspection

by the occupiers of the facility.

☐ Yes ☐ No


31 Section 28(l) Caravan Parks and Camping Grounds Act 1995 (WA).



Duty 5: Display the following in a prominent position at a

camping ground or at the office of a caravan park:

The licence issued and any special conditions

imposed on the licence

A plan of the facility

A copy of the facility rules made by the licence holder

The name, address and telephone number of a

person to be contacted in an emergency.

☐ Yes ☐ No

Guidance Question

Question 55: If you have indicated that one or more of the duties listed above should

not be retained, please justify.

Question 56: Do you think there should be any additional duties? Please explain.

12.2 Registers

12.2.1 Register of occupiers (section 13)

Under section 13(1)(b) of the CPCG Act, the licence holder is to maintain a register of

occupiers in the prescribed manner. Regulation 65 of the CPCG Regulations prescribes

the manner in which this register is to be maintained.

Regulation 65. Register of occupiers

A register of occupiers under section 13(1)(b) of the Act is to be maintained in such a

form that it is possible to readily ascertain –

(a) the name and principal place of residence of an occupier for each site occupied;

(b) which site is occupied by a particular occupier, or group of occupiers;

(c) the dates on which an occupier, or group of occupiers, arrives at, and departs

from, a site; and

(d) in respect of a caravan park, the number plate of –

(i) the caravan;

(ii) the vehicle towing, or which towed, the caravan, where possible; and


(iii) another vehicle used by occupiers of the site, if it is not possible to identify

the number plate referred to in subparagraph (ii).

Guidance Questions

Question 57: Should a holiday park operator be required to maintain a register of

occupiers? Why or why not?

Question 58: Do you think any changes need to be made to the prescribed manner of

the register of occupiers? Please provide details.

12.2.2 Local government to keep register of licences (section 14)

Under section 14 of the CPCG Act, a local government is to keep a register of licences

issued by it recording such details in respect of each licence as are prescribed under the

CPCG Regulations.32 The local government is also required to keep a permanent record

of a copy of each approval and certificate granted by it or sighted by it.33 It is essential

for local governments to collect this information as a regulator and licence authority.

The following are prescribed details to be recorded by the local government in respect of

each licence granted:

(a) the name and address of the facility

(b) the name and address of each licence holder

(c) the type of licence

(d) the number and type of sites authorised to be used at the facility

(e) whether or not the facility has an overflow area, and if so, the number and type of

sites authorised to be used at the overflow area

(f) the number of buildings on the facility that are used for occupation by persons

(g) any conditions imposed on the licence.

Guidance Question

Question 59: What details in respect of each licence should be added or removed in

the new legislation and why?




12.3 Caravan Parks and Camping Grounds Advisory Committee

The Caravan Parks and Camping Grounds Advisory Committee (the Advisory

Committee) is established under the CPCG Act.34 The functions of the Advisory

Committee include providing advice to the Minister, Department, public sector bodies,

local governments and members of the public. The Advisory Committee’s function is

also to recommend to the Minister ways to improve, promote and regulate caravanning

and camping throughout the State.35

The Department of Premier and Cabinet has released a circular which outlines the State

Government’s policy in relation to Government Boards and Committees. The

Department of Premier and Cabinet’s Circular 2010/02 states the following:

Ministers and agencies are encouraged to utilise interdepartmental working groups,

drawing upon external advice and engaging in other forms of consultation that do not

involve the establishment of a State Government Board or Committee and the payment

of fees.36

Establishing a committee under legislation limits the number of stakeholders and

stakeholder groups who are able to be involved in providing advice and making

recommendations. When an issue arises, there may not be the expertise on the

committee to address the matter. There are more effective, flexible and responsive ways

of seeking stakeholder advice and tapping into their expertise on matters related to this

industry sector.

Stakeholder issues-based workshops have been utilised very successfully during the

development of this consultation paper allowing a wide range of interest groups to

participate in providing views and advice on matters in which they have a particular

interest.

Proposal 26: A Caravan Parks and Camping Grounds Advisory Committee be replaced

by pro-active consultation with relevant stakeholders.

Guidance Question

Question 60: Do you support the proposed approach to consultation? Please provide

reasons.



36 Department of Premier and Cabinet, ‘2010/02 Circular State Government Boards and Committees’, 26

July 2010. Available at :http://www.dpc.wa.gov.au/GuidelinesAndPolicies/PremiersCirculars/Pages/201002StateGovernmentBoardsandCommittees.aspx

http://www.dpc.wa.gov.au/GuidelinesAndPolicies/PremiersCirculars/Pages/201002StateGovernmentBoardsandCommittees.aspx

http://www.dpc.wa.gov.au/GuidelinesAndPolicies/PremiersCirculars/Pages/201002StateGovernmentBoardsandCommittees.aspx


Question 61a: What alternative means exist of providing advice and making

recommendations? What are the advantages and disadvantages of each of these?

12.4 Local laws

The current CPCG Act gives a local government power to make local laws for its district

under the Local Government Act 1995 for any purpose set out in sections 28(2)(a)-(f).

Sections 28(2)(a)-(f) are:

(a) regulate caravan parks and camping grounds and caravanning and camping

generally throughout the State;

(b) provide for standards of design, construction, installation and maintenance of

caravans and annexes;

(c) provide health and safety standards and standards for services and amenities

for facilities;

(d) regulate pedestrian and vehicular traffic;

(e) provide that signs may be displayed, erected or marked for the purpose of any

regulation;

(f) provide that the licence holder of a facility may give reasonable directions to

any person in the facility regarding any motor vehicle or animal that the person

has apparent control over and require that person obey such directions.

Local laws made under the previous Act were repealed in 1998. It is understood that no

local government has current local laws made under this provision.

Guidance Question

Question 61b: Is a local law making power necessary? If so, what matters should be

dealt with in local laws? Please explain.

12.5 Discretion to grant exemption

Under the CPCG Act, the Minister may vary, modify or grant exemptions from the CPCG

Regulations upon application from a licence holder as long as the Minister is satisfied

that the exemption will not be detrimental to the public interest.37 The local government,

as a licensing authority under the CPCG Act, also has power to grant certain exemptions

under the CPCG Regulations in relation to transit parks and nature-based parks.

37 Section 31 Caravan Parks and Camping Grounds Act 1995 (WA)


As discussed in 6. Licensing regime of this consultation paper, the proposed use of a

management plan will enable the level of facilities required in a holiday park to be

determined on a case-by-case basis, subject to compliance with the relevant minimum

standards. This will allow flexibility and the tailoring of a facility to the user group.

Proposal 27: Any exemptions under the new legislation will only be able to be granted

by the Minister responsible for the legislation.

Guidance Question

Question 62: Under what circumstances should an exemption from the legislation be

considered?

Question 63: Can you identify any particular cost impacts or benefits by only allowing

the Minister responsible for the legislation to grant exemptions? Please provide details

12.6 Transitional provision relating to existing caravan parks and

camping grounds

One of the key principles of the new legislation is to ensure a flexible operating

environment to respond to visitor demand and changes in the sector whilst managing

risks associated with holiday parks. In order to achieve this, it is intended that the level

of facilities required in holiday parks are less prescriptive while maintaining minimum

health and safety standards.

It is proposed that existing caravan parks and camping grounds that comply with the

current CPCG Act will not be required to upgrade or change their facilities under the new

legislation unless the facility is substantially redeveloped38. This also applies to

caravans, park homes and annexes on existing caravan parks.

Any operators of existing caravan parks and camping grounds that wish to comply with

the new legislation can elect to do so - this can be done through applying for a new

licence or making amendments to their existing licence through the preparation of a

management plan.

Any new construction of park homes, buildings and rigid annexes will be required to

comply with the Building Act.

38 A substantial redevelopment would be one that requires the approval of the local government or other

statutory authority under other legislation.


Proposal 28: No significant burden is imposed on existing facilities through the

introduction of the new legislation.

Proposal 29: The new legislation will apply to all facilities but Ministerial exemption can

be obtained for existing facilities.

Guidance Questions

Question 64: When should existing caravan parks and camping grounds be required

to provide a management plan under the new legislation? Why?

Question 65: What impact will there be if existing caravan parks and camping grounds

are required to prepare a management plan at the time of licence renewal?

Question 66: Is it reasonable for all existing licensed facilities to be exempted from

any additional requirements in the new legislation? Why or why not? Which

requirements?

Question 67: Can you identify any particular cost impacts or benefits on requiring an

existing facility to provide a management plan under the new legislation? Please

provide details.

12.7 Licensing of caravans

Under the Road Traffic Act 1974 a caravan or recreational vehicle parked or driven in

a caravan park does not require a vehicle licence. A vehicle licence is only required

where it is used and/or parked on the road.39 The Road Traffic (Vehicle Standards)

Regulations 2002 generally only apply to a caravan that is going to be driven or

parked on a road.

The CPCG Regulations require that caravans remain mobile as follows:

(1) The owner of a caravan is to ensure that the caravan has wheels attached to

it, or in the case of a park home assembled from components, each

component of the park home has wheels attached to it, and is maintained in

such a condition that it is able to be moved under its own power or by being

towed, within 24 hours of –

(a) any services attached to it being disconnected; and

(b) in the case of a park home assembled from components, it being split

into components.

39 Section 15 Road Traffic Act 1974 (WA).


(2) A person is not to interfere with a caravan so as to render it unable to be

moved, under its own power or by being towed. Penalty: $2000.40

Therefore, it is arguable that an unlicensed caravan is inconsistent with the intention of

the mobility requirements of the CPCG Regulations as it cannot go on the road without

the licence.

Under the Road Traffic (Charges and Fees) Regulations 2006, the main fees and

charges in relation to caravan and campervan are outlined below.

The licensing fee for a campervan is approximately $105 per annum with an additional

motor vehicle third party insurance policy cost. The licensing fee for a moderate

3.2 metre caravan is approximately $106 per annum which includes the motor vehicle

third party insurance policy cost.

There is 50 per cent concession for the vehicle licence charge for vehicles owned by a

pensioner, including the campervan licence fees.41

Proposal 30: That all caravans and campervans in holiday parks are licensed at all

times.

Guidance Questions

Question 68: Do you agree that all caravans and campervans in holiday parks must

be licensed at all times so they can be driven on the road when required? Why or why

not?

Question 69: What are the impacts, including financial costs, if caravans and

campervans in holiday parks are required to be licensed at all times?

12.8 Overflow facilities

Under Schedule 8 of the CPCG Regulations –

overflow area means an area of a facility specified as an overflow area in the licence for

the facility

The definition of overflow area is vague and the CPCG Act does not prescribe

circumstances when an overflow area can be established. However, most local


41 Regulations 18 and 19 Road Traffic (Charges and Fees) Regulations 2006 (WA).


government only establish or license overflow facilities during peak visitor periods where

existing caravan parks and camping grounds are at capacity.

Local government has adopted flexible approaches to overflow which include existing

caravan and camping ground facilities being licensed for overflow sites, licensing of

community and recreational organisations to provide overflow, and local government

providing and managing its own overflow facility. Overflow areas are increasingly being

used to accommodate larger self-contained recreational vehicles that have trouble

finding a suitable size site in a traditional facility and do not need the facilities provided

by caravan parks.

The CPCG Act and regulations are silent on the health and safety requirements of

overflow areas, although the local government can impose conditions on the licence in

relation to overflow areas and the period of time where an overflow area is open for

use.42 Conditions may relate to waste management, pets, fire and hanging of laundry.

The current CPCG Act only applies to overflow areas that are in a licensed facility

(caravan park or camping ground). Therefore, the current CPCG Act does not apply to

overflow areas that are not in a licensed facility such as school halls or sports halls.

Matters which impact on the ability to legislate for overflow areas include high level of

flexibility involved in the operation of such facilities, variation in the need for overflow

facilities, and the provision of these facilities across the State. In these circumstances a

policy framework may be a more workable solution and is being addressed through

Recommendation 7 of the ‘WA Caravan and Camping Action Plan 2013- 2018’.43

Proposal 31: The new legislation prescribes minimum health and safety standards for

overflow areas regardless of whether they are part of a holiday park or not.

Proposal 32: The determination of whether there is a tourist demand for the

establishment of an overflow area and how this should operate is determined at a policy

level.

Guidance Questions

Question 70: What are some of the issues with the planning, provision and

management of overflow areas? Should these be dealt with in legislation or through

policy? Why?

42 Regulations 20 Caravan Parks and Camping Grounds Regulations 1997 (WA).

43 Recommendation No. 7. Tourism Western Australia, Western Australian Caravan and Camping Action

Plan 2013-18.


Question 71: What do you think the new definition of ‘overflow areas’ should be?

Question 72: What should the minimum health and safety standards be for overflow

facilities?

Question 73: Should the new legislation prescribe health and safety standards for all

overflow areas regardless of whether they are in a community building (such as

schools hall or sports hall) or part of a holiday park?

Question 74: Can you identify any particular cost impacts or benefits by prescribing

minimum standards for overflow facilities in the new legislation? Please provide details

12.9 Stopping on the road

The definition of road side rest area is:

an area designated by a traffic sign erected in accordance with a written law, as an area

which may be used for 24 hours for –

(a) resting;

(b) stopping; or

(c) camping,

in a vehicle.44

Under regulation 11 of the CPCG Regulations, a person may camp for up to 24

consecutive hours in a caravan or other vehicle on a road side rest area or on a road

reserve in an emergency. The definition of ‘camp’ when used as a verb ‘includes to

camp in a vehicle’.45 Local government often find it difficult to determine if someone is

‘camping’ for more than 24 consecutive hours or stopping due to fatigue.

Main Roads WA provides road side rest areas and manages the facilities associated

with road side rest areas. Main Roads WA’s policy is to provide safe rest areas for

people to pull over from the road in order to manage fatigue; it is not intended to

replicate more extensive caravanning and camping services where these are better

provided by other facilities.46 The use of the term ‘camping’ in the definition of road side

44 Regulation 11(3) Caravan Parks and Camping Grounds Regulations 1997 (WA).

45 Regulation 8A Caravan Parks and Camping Grounds Regulations 1997 (WA).


Camping Grounds) in Western Australia, Legislative Assembly of Western Australia, Perth, 15 October 2009, p319.


rest areas appear to be inconsistent with Main Road WA’s policy wherein they are only

intended for ‘stopping’.

Through the consultation workshops, it was agreed unanimously that ‘camping’ be

removed as an allowable use of road side rest areas and road reserves. This will be

consistent with the intent of the use of road side rest areas or road reserves which is to

allow people to park and rest for fatigue management or emergency purposes. This will

provide clarification that road side rest areas are for parking for fatigue management

purposes for up to 24 hours and avoid the use of the vague definition of ‘camp’. It is

proposed that the management of the road side rest areas or road reserves be under

relevant road related legislation instead of the CPCG Act.

The level of facilities at road side rest areas is covered by the Main Roads WA

Standards and is outside the scope of the CPCG Act. The Department is aware that

Main Roads WA has received funding to upgrade some of the road side rest areas.47

Proposal 33: Road side rest areas are dealt with under existing road and parking

legislation rather than the new holiday park legislation.

Proposal 34: Parking/stopping is still allowed at road side rest areas for fatigue

management for up to 24 hours.

Guidance Questions

Question 75: If the regulation of parking at road side rest areas and road reserve

comes solely under parking related legislation, what are the impacts on users,

enforcement agencies and Main Roads WA?

Question 76: Should there be a requirement for users of road side rest areas and

road reserves to stay in a vehicle if they are parking there overnight for up to

24 hours? Please explain. How are motorcyclists and cyclists to be catered for?

Question 77: What are the health and safety risks involved with using road side rest

areas and road reserves and how can they be resolved?

Question 78: Can you identify any particular cost impacts or benefits by dealing with

road side rest areas outside the new legislation? Please provide details. (Note: the use

of road side rest areas for the purpose of fatigue management will remain.)

47 Tourism WA, Western Australian Caravan and Camping Action Plan 2013-2018, Perth, 6 April 2013 p.6.


Annexure A

Table 6: Regulatory framework for building approval of different structures

Type of structure

Classification under BCA48

Complies with BCA?

Existing regulation of building approval process

Proposed regulation of building approval process

Chalets/

cabins

Class 1b or 3 Yes Building Act 2011 Building Act 2011

Park

Home

Class 1a or 1b Yes Caravan Parks and

Camping Grounds

Act 1995

Building Act 2011

Rigid

Annexe

Class 10a, 1a

or 1b

Yes Caravan Parks and

Camping Grounds

Act 1995

Building Act 2011

Non-rigid

Annexe

NA No NA NA

Pergola/

Carport

Class 10a or

same

classification of

the structure it

is attached to

Yes Building Act 2011

Building Act 2011

Caravans NA No Licensed under the

Road Traffic Act

1974

Licensed under the

Road Traffic Act

1974

48 Building Code of Australia


Table 7: Existing building approval process and licensing for park home and chalets/cabins which are transportable.

Key Aspect Transportable Chalets/Cabins Park Homes

Applicable

legislation

Building Act 2011 Caravan Parks and Camping

Grounds Act 1995

Application to

BCA

Yes Yes

Classification Class 1b or 3 Class 1a or 1b

Building

approval

process

Building Act 2011

Requires a building

permit under the

Building Act 2011.

Registered building

surveyor (private or

local government)

assesses plans and

issues a Certificate of

Design Compliance.

If the application

conforms to the Building

Act 2011, the building

permit is issued by the

local government.

Construction

commences and there

may be inspections

during construction if

required.

Once construction is

complete, a Notice of

Completion is given to

the local government

within 7 days of end of

Caravan Parks and Camping

Grounds Act 1995

Design park home.

Engage a registered

builder to build or

supervise the building of

a park home.

Construction occurs.

The registered builder

issues a signed and

dated certificate stating

that the park home

complies with the BCA

and other requirements.

Professional engineer

assesses park home.

The professional engineer

issues a certificate stating

that the park home is

structurally sound if

assembled according to

the instructions and that

the design of the axle,

wheels and chassis will

support the weight of the



construction.

If it is Class 3, an

occupancy permit is

required.

See Building Commission

website for more information at

http://www.buildingcommission

.wa.gov.au

building.

These documents are

provided to the local

government.

Local government is to

classify the building under

the BCA.

Obtain approval from the

local government to bring

it onto a caravan park.

Provide these documents

to the caravan park

licensee to seek approval

to place the park home on

the facility.

Local

government

role

Local government –

Prior to issuing the

building permit, the local

government or private

building surveyor

assesses the plan and

signs certificate of

design compliance.

Local government will

check that the

application for building

permit conforms to the

Building Act 2011.

Issues the building

permit.

Local government may

Local government –

Classifies the park home

under the BCA.

Sights and copies the

certificates by a

registered builder and

professional engineer.

Gives approval for the

park home to be brought

onto the caravan park.

Issues notification of

approval.

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

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



inspect during the

construction if required.

Issues Occupancy

Permit if required, on

notification of

completion.

Who is the

applicant?

The applicant can be anyone,

most likely the builder or

owner.

The applicant is the person who

wishes to place the park home in

the caravan park. The applicant

can be the resident, operator or

developer.

The builder of the park home is

responsible for providing the

required certificates to the

purchaser.

Main

assessing

officer to

ensure

building

standards are

complied with

Registered building surveyor Registered builder and

professional engineer

Fees involved Approximately $90 for building

permit and $90 for building

approval certificate.49

Cost of a registered building

surveyor.

Fee to cover the administrative

cost of the local government

processing the application to

approve the park home.

Cost of a registered builder for

the certificate and cost of a

professional engineer for the

relevant certificates.

49 Note that these fees are to cover the administrative cost of the permit authority issuing the building

permit and/or building approval certificate. The minimum fee for a building permit is $90 but may be higher dependent on the value of the building.


Acknowledgements

Appreciation is extended to the representatives of the following organisations who have

been involved in the development of this consultation paper through the sharing of their

expertise, experience and time:

State and Federal Government Departments

Australian Government Department of Human Services

Department of Commerce

Department of Finance

Department of Health

Department of Housing

Department of Lands

Department of Parks and Wildlife

Department of Planning

Department of Regional Development

Department of Transport

Main Roads WA

Tourism WA

Western Australia Police

Local Government

WA Local Government Association

City of Busselton

City of Rockingham

Shire of Mundaring

Pilbara Regional Council

Peak Organisations

Caravan Industry Association of WA

Environmental Health Association Australia

Park Home Owners Association

Seniors Ministerial Advisory Council

The Campervan and Motorhome Club of Australia

WA Association of Caravan Clubs

WA Recreational Campers Organisation

Other

Brighthouse Consultancy

National Lifestyle Villages

‘Consultation Paper - Proposal for Caravan Parks and Camping Grounds Legislation’ is

available for viewing and download from the Department of Local Government and

Communities website: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

For more information, please contact:


Gordon Stephenson House, 140 William Street, Perth WA 6000

GPO Box R1250, Perth WA 6844

Telephone: (08) 6551 8700 Fax: (08) 6552 1555

Freecall: 1800 620 511 (Country only)


Website: www.dlgc.wa.gov.au

Translating and Interpreting Service (TIS) – Tel: 13 14 50



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

Page 1 of 28 – Consultation Paper Feedback Form, May 2014

Consultation Paper Feedback Form Proposal for Caravan Parks and Camping Grounds Legislation

This form is part of an invitation for public comment on Consultation Paper ‘Proposal for Caravan Parks and Camping Grounds Legislation’ which can be found on the Department of Local Government and Communities’ website here: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

The consultation paper is an initiative of the Western Australia Caravan and Camping Action Plan, which is supported by the State Government’s Royalties for Regions program to improve caravan park and camping experiences.

This form has been developed to assist you in preparing your submission. It contains all the proposals and guidance questions from the consultation paper. Please enter your comments in the boxes provided. It is not expected that all questions are answered.

Comments on all or part of the consultation paper are appreciated.

Submissions

Comments, queries and submissions should be forwarded no later than 1 September 2014. Please direct all comments and submissions:

By email to: [email protected] noting ‘Caravans and Camping Review’ in the subject line.

By post to: Principal Policy Officer – Caravans and Camping Review Department of Local Government and Communities GPO Box R1250, Perth WA 6844

All responses to the consultation paper may be made publicly available on the Department’s website. If you would prefer your name to remain confidential, please indicate this in your submission. If you would like the entire submission to remain confidential, please mark it “Private and Confidential”.




More information

If you have any queries in relation to the consultation paper and this form, please contact:

Principal Policy Officer – Caravans and Camping Review Email: [email protected] Telephone: (08) 6551 8700 Freecall (country only): 1800 620 511 Fax: (08) 6552 1555

For a Translating and Interpreting Service (TIS) telephone 13 14 50.



About You

Title: Mr ☐ Mrs ☐ Ms ☐ Miss ☐ Other ☐

If other, please specify:

Given names:

Surname:

*Street or postal address:

*Telephone: Home Mobile

Business

*Email address:

Which best describes you? (You can select more than one.)

A Camper ☐ A Caravan User ☐

A Recreational Vehicle Owner

☐ A Long-Stay Tennant ☐

A Camping Ground Operator

☐ A Caravan Park Operator ☐

A Local Government ☐ A State Government Agency

☐

An Organisation ☐ Other ☐

If Other, please state:

If you are representing a local government, organisation or business, please state your job title:

Privacy and permissions. Submissions may be made public and published on the Department’s website. Would you like to:

Allow your submission to be published – without your name and *personal contact details.

☐

Keep your submission Private and Confidential – do not publish anything. ☐

I agree to all of my submission being published, including my name, except for my *personal contact details. (Your personal contact details will not be published.)

☐


Your Caravan and Camping Experiences (as an individual)

A. How often do you stay at caravan parks?

B. When was the last time you stayed in a caravan park?

C. What region of Western Australia was the caravan park in (if known)?

D. How would you rate your last stay in a caravan park?

Poor ☐ Average ☐ Good ☐ Excellent ☐

E. What were the best things about the caravan park?

F. What could be improved at the caravan park?


G. How often do you stay at camping grounds?

H. When was the last time you stayed at a camping ground?

I. What region of Western Australia was the camping ground in (if known)?

J. How would you rate your last stay at a camping ground?

Poor ☐ Average ☐ Good ☐ Excellent ☐

K. What were the best things about the camping ground?

L. What could be improved at the camping ground?

M. How often do you stay or camp at place outside of a camping ground or caravan park?


General Comments

Use the space below for general comments about the consultation paper and/or caravan parks and camping grounds:


Guidance Questions from the Consultation Paper

This section contains all the proposals and guidance questions from Consultation Paper ‘Proposal for Caravan Parks and Camping Grounds Legislation’, which can be found online at: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

It is recommended that you read the relevant section of the consultation paper before answering a question. Please note: it is not expected that all questions are answered. Comments on all or only part of the consultation paper are appreciated.

If you require more space for an answer, you can attach a separate page or pages as part of your submission.

1. Definitions

Question 1: Are there any issues with these proposed definitions in Table 3: Proposed Definition in new legislation of this consultation paper? Please explain.

Question 2: Are there other significant term that requires definition? If so, what is/are the term(s) and your proposed definition(s)?

Question 3: Can you identify any particular cost impacts or benefits that may result from the implementation of these proposed definitions? Please provide details



2. Holiday parks

Proposal 1: The principal focus of the new legislation is on holiday parks and relevant holiday accommodation.

Proposal 2: Caravan parks and camping grounds are referred to as holiday parks in the new legislation.

Proposal 3: The new legislation no longer covers long-stay residential parks which will be treated like any other residential village.

Proposal 4: The development of holiday parks has to comply with the Planning and Development Act 2005 and associated legislation.

Question 4: Do you support the change in terminology from ‘caravan parks and camping grounds’ to ‘holiday parks’? If yes, why? If no, why?

Question 5: Should the new legislation contain a provision that before granting a licence for a holiday park, relevant provisions of planning legislation must be complied with? Please explain.

Question 6: What impacts will the distinction between long-stay residential parks and holiday parks have on users, developers and administrators?


Question 7: What are the impacts if long-stay residential parks are removed from the new legislation and treated as residential developments?

Question 8: Should there be a transitional clause to exclude long-stay residential parks from the new legislation? If so, what do you suggest as a transitional clause?

Question 9: Can you identify any particular cost impacts or benefits that may result from removing long-stay residential parks from the new legislation? Please provide details.


3. The objects of the new Act

Proposal 5: The following are the proposed objects of the new CPCG Act:

An Act to –

(a) minimise the health and safety risks to the users of holiday parks; (b) provide for the licensing and regulation of accommodation located in holiday parks;

and for other related matters.

Question 10: Are these proposed objects sufficient? Please explain.

4. Building standards

Proposal 6: Park homes are treated as buildings under the Building Act in the same way as other transportable buildings.

Proposal 7: Rigid annexes are treated as structures under the Building Act.

Question 11: What are the likely impacts if the approval process of park homes and rigid annexes fall under the Building Act?

Question 12: Can you identify any particular cost impacts or benefits that may result from treating park homes as buildings and rigid annexes as structures under the Building Act? Please provide details.


5. Buildings allowed

Proposal 8: Land zoning, local government planning schemes and other planning instruments determine the type of accommodation allowed on a holiday park, with the mix of accommodation types forming part of the approved management plan.

Proposal 9: Any building and associated structure, apart from any manager’s residence, which a long-stay occupier occupies, must be transportable.

Question 13: Should (residential) buildings be allowed to be constructed or placed on holiday parks? Why or why not?

Question 14: Do you support all forms of accommodation occupied by long-stay tenants being transportable? Why?

Question 15: Is a requirement that a transportable building or vehicle be able to be removed in 24 hours reasonable? Why or why not?

Question 16: What non-residential buildings should be allowed to be constructed – or required – on a holiday park and for what purposes?

Question 17: Can you identify any particular cost impacts or benefits from requiring all buildings and associated structures to be transportable (apart from any manager’s residence)? Please provide details.


6. Licensing regime

6.1 Licence categories

Proposal 10: The licensing categories are simplified to three categories: holiday park licence, transit park licence and nature-based park licence.

Proposal 11: The licensing authority approves the ratio of long and short stay sites in a holiday park when approving the management plan for the holiday park.

Question 18: Should there be separate licence category for nature-based parks? Please provide reasons.

Question 19: Under what circumstances should a nature-based park licence be issued?

Question 20: Should there be a separate licence category for transit parks? Please provide reasons.

Question 21: Under what circumstances should a transit park licence be issued?

Question 22: In your opinion, is it reasonable that different parts of a holiday park which cater to different market segments have different levels of facilities and different conditions attached to them? Please explain.


6.2 Management Plan Model

Proposal 12: The use of a management plan forms a model for licensing holiday parks.

Proposal 13: The new legislation provides minimum health and safety standards according to the types of facilities proposed in the management plan.

Question 23: How can the current licensing regime be improved?

Question 24: How can the planning approval and licensing approval process be streamlined? Please provide details.

Question 25: How can the requirements of the planning approval be more aligned with the requirements of the licence approval?

Question 26: What are the issues involved if the management plan model is used for the application for, and the basis of, a licence?


Question 27: Will the use of a management plan that is tailored to the market segment to be served by the holiday park result in a better outcome for users of that park? Please explain.

Question 28: Can you identify any particular cost impacts or benefits with the minimum health and safety standards being determined by the type of facilities in the proposed management plan? Please provide details.

Question 29: Can you identify any particular cost impacts or benefits resulting from a licensing regime based on a management plan model?

6.3 Duration of licence

Proposal 14: The licence period be extended to five years.

Proposal 15: Application is to be made for renewal of licence at least three months prior to the expiry of the licence. The licensing authority has three months to process the application and if no decision is made within the timeframe, there is a presumption that the licence has been renewed unless there is a breach of legislation or licence conditions within the current licence period.

Proposal 16: The licensing authority is to carry out an initial inspection within twelve months of:

(a) the licence first being issued; or (b) any change in operator; or (c) any significant redevelopment of the facility.


Proposal 17: The timing of further general inspections will be determined by the results of previous inspections, with the frequency of no more than once a year and no less than once every three years.

Proposal 18: Additional inspections will be allowed in the following circumstances:

(a) where a complaint has been received or the licensing authority has reason to believe that the conditions of the licence are not being met; or (b) to determine that the breach of legislation or licence conditions has been rectified.

Proposal 19: The licensing authority charges the operator of a facility an inspection fee, with the maximum fee prescribed in the new regulations.

Question 30: Is a five year licence reasonable? If not, how long should it be issued for? Why?

Question 31: Should there be a presumption of the extension of a licence if the licensing authority does not process the application within three months? Why or why not?

Question 32: If the licence period is extended to 5 years, assuming fees are calculated based on the types of sites, should licence fees be collected at the beginning of the licence period or annually? Please justify.

Question 33: Can you identify any particular cost impacts or benefits with allowing the licence period to be extended to five years? Please provide details.


Question 34: Is the proposed inspection regime outlined above reasonable and practicable? Why or why not?

Question 35: Do you have any alternative suggestions on how licence and inspection fees can be charged? Please provide details.

Question 36: Should there be a maximum length of time between inspections if the facilities have no compliance issues?

Question 37: Can you identify any particular cost impacts or benefits with extending the time period between inspections based on previous inspection results? Please provide details.

6.4 Renewal of licence

Proposal 20: A new management plan is not required for application to renew a licence.

Proposal 21: A new licence will be required on the basis of an approved revised management plan if the facility is redeveloped or expanded or if there are significant changes to the proposed type of use.

Question 38: When should a new or revised management plan need to be lodged with the licensing authority? Please explain.


Question 39: Can you identify any particular cost impacts or benefits with requiring a revised management plan if: (1) the facility is redeveloped or expanded; or (2) there are significant changes to the proposed type of use? Please provide details.

7. Licensing authority as operators

Independent licensing authority

Question 40: Are there any other advantages and disadvantages in having an independent licensing authority?

Question 41: Do you support the model of having an independent licensing authority separate to the local government? Please provide your reasons.

Question 42: If you are a caravan park or camping ground operator, will the benefits of this model outweigh the costs? Please explain.


8. Application of the Act to public sector body

Proposal 22: All caravan parks and camping grounds in WA are subject to the same health and safety standards regardless of whether they are owned, operated or leased by a public sector body.

Proposal 23: The licensing and enforcement process for caravan parks and camping grounds operated by State agencies remain with the State where there is compliance with the new legislation.

Question 43: What are the consequences if caravan parks and camping grounds operated by a public sector body are bound by the new legislation? Please provide specific examples.

Question 44: If the legislation binds a public sector body, how should the facilities be licensed and enforced?

Question 45: Should there be a difference in regulation between facilities operated by a public sector body and those leased by that agency to private operators? Please explain.

Question 46: Do you have any other comments on proposals 22 and 23?


Question 47: Can you identify any particular cost impacts or benefits of applying the same health and safety standards to all caravan parks and camping grounds in WA, regardless of whether they are operated by a public sector body or not? Please provide details.

9. Enforcement

Proposal 24: The enforcement provisions in the current CPCG Act are retained in the new legislation.

Question 48: Are the enforcement options in the CPCG Act sufficient to ensure compliance with the Act? Please provide reasons.

Question 49: What are the difficulties and issues involved with the current enforcement provisions under the CPCG Act?

Question 50: What are your suggestions for improving the enforcement provisions of the CPCG Act?


Question 51: Is the Minister’s direction sufficient to enforce the requirements of the CPCG Act on a local government? If not, please provide alternative suggestions.

Question 52: Can you identify any particular cost impacts or benefits in retaining the current enforcement provisions in the new legislation? Please provide details

10. Amount of penalties

Question 53: Please provide your comments and suggestions on the quantum of penalties (allowable amount) for the offences under the CPCG Act. Please justify your reasons.

11. Regulations

Proposal 25: A regulation-making power will be included in the new legislation.

Question 54: What do you think the minimum health and safety standards of holiday parks should be?


12. Other provisions

12.1 Duties of the licence holder

Table 1: Review of duties of licence holders


Duty 1: The licence holder must ensure that a manager or other responsible persons resides in or near the facility and is accessible at all times in case of an emergency. At a caravan park, the manager or other responsible persons must be available at the office during normal office hours.

Yes ☐ No ☐

Duty 2: A register of occupiers is maintained. Yes ☐ No ☐

Duty 3: Copies of relevant certificates in relation to park home approvals are kept at the facility with the register of occupiers.

Yes ☐ No ☐

Duty 4: Copies of the Act and any subsidiary legislation made under this Act, facility rules and any special conditions imposed on the licence are readily available for inspection by the occupiers of the facility.

Yes ☐ No ☐

Duty 5: Display the following in a prominent position at a camping ground or at the office of a caravan park:

• The licence issued and any special conditions imposed on the licence

• A plan of the facility • A copy of the facility rules made by the licence holder • The name, address and telephone number of a

person to be contacted in an emergency.

Yes ☐ No ☐

Question 55: If you have indicated that one or more of the duties listed above should not be retained, please justify.


Question 56: Do you think there should be any additional duties? Please explain.

12.2 Registers

12.2.1 Register of occupiers (section 13)

Question 57: Should a holiday park operator be required to maintain a register of occupiers? Why or why not?

Question 58: Do you think any changes need to be made to the prescribed manner of the register of occupiers? Please provide details.

12.2.2 Local government to keep register of licences (section 14)

Question 59: What details in respect of each licence should be added or removed in the new legislation and why?


12.3 Caravan Parks and Camping Grounds Advisory Committee

Proposal 26: A Caravan Parks and Camping Grounds Advisory Committee be replaced by pro-active consultation with relevant stakeholders.

Question 60: Do you support the proposed approach to consultation? Please provide reasons.

Question 61a: What alternative means exist of providing advice and making recommendations? What are the advantages and disadvantages of each of these?

12.4 Local laws

Question 61b: Is a local law making power necessary? If so, what matters should be dealt with in local laws? Please explain.

12.5 Discretion to grant exemption

Proposal 27: Any exemptions under the new legislation will only be able to be granted by the Minister responsible for the legislation.

Question 62: Under what circumstances should an exemption from the legislation be considered?


Question 63: Can you identify any particular cost impacts or benefits by only allowing the Minister responsible for the legislation to grant exemptions? Please provide details

12.6 Transitional provision relating to existing caravan parks and camping grounds

Proposal 28: No significant burden is imposed on existing facilities through the introduction of the new legislation.

Proposal 29: The new legislation will apply to all facilities but Ministerial exemption can be obtained for existing facilities.

Question 64: When should existing caravan parks and camping grounds be required to provide a management plan under the new legislation? Why?

Question 65: What impact will there be if existing caravan parks and camping grounds are required to prepare a management plan at the time of licence renewal?

Question 66: Is it reasonable for all existing licensed facilities to be exempted from any additional requirements in the new legislation? Why or why not? Which requirements?


Question 67: Can you identify any particular cost impacts or benefits on requiring an existing facility to provide a management plan under the new legislation? Please provide details.

12.7 Licensing of caravans

Proposal 30: That all caravans and campervans in holiday parks are licensed at all times.

Question 68: Do you agree that all caravans and campervans in holiday parks must be licensed at all times so they can be driven on the road when required? Why or why not?

Question 69: What are the impacts, including financial costs, if caravans and campervans in holiday parks are required to be licensed at all times?


12.8 Overflow facilities

Proposal 31: The new legislation prescribes minimum health and safety standards for overflow areas regardless of whether they are part of a holiday park or not.

Proposal 32: The determination of whether there is a tourist demand for the establishment of an overflow area and how this should operate is determined at a policy level.

Question 70: What are some of the issues with the planning, provision and management of overflow areas? Should these be dealt with in legislation or through policy? Why?

Question 71: What do you think the new definition of ‘overflow areas’ should be?

Question 72: What should the minimum health and safety standards be for overflow facilities?


Question 73: Should the new legislation prescribe health and safety standards for all overflow areas regardless of whether they are in a community building (such as schools hall or sports hall) or part of a holiday park?

Question 74: Can you identify any particular cost impacts or benefits by prescribing minimum standards for overflow facilities in the new legislation? Please provide details

12.9 Stopping on the road

Proposal 33: Road side rest areas are dealt with under existing road and parking legislation rather than the new holiday park legislation.

Proposal 34: Parking/stopping is still allowed at road side rest areas for fatigue management for up to 24 hours.

Question 75: If the regulation of parking at road side rest areas and road reserve comes solely under parking related legislation, what are the impacts on users, enforcement agencies and Main Roads WA?


Question 76: Should there be a requirement for users of road side rest areas and road reserves to stay in a vehicle if they are parking there overnight for up to 24 hours? Please explain. How are motorcyclists and cyclists to be catered for?

Question 77: What are the health and safety risks involved with using road side rest areas and road reserves and how can they be resolved?

Question 78: Can you identify any particular cost impacts or benefits by dealing with road side rest areas outside the new legislation? Please provide details (Note: the use of road side rest areas for the purpose of fatigue management will remain)

Thank you for participating in this consultation process. Your comments are important to us and will be considered for the development of the new caravan parks and camping grounds legislation. For enquiries email: [email protected] or telephone: (08) 6551 8700 or Freecall (country only): 1800 620 511.


8.3.2 REQUEST BY DEPARTMENT OF LANDS FOR COUNCIL TO ACCEPT MANAGEMENT ORDER FOR ‘CAMPING’ AND PARTIAL ROAD CLOSURE AT ‘BUSH BAY’

File No 4S0401A Date of Meeting: 23 September 2014 Location/Address Unvested Crown Land and Portion of Pastoral Lease 3114/593 (Brick House

Station) Name of Applicant Department of Lands Author Ian D’Arcy Chief Executive Officer Rob Paull Director Development Services Declaration of Interest: Nil Voting Requirements: Simple Majority Summary: This Report addresses a request by the Department of Lands (DoL) for the Shire to accept a Management Order over the informal camping area at Bush Bay and for the Shire to also initiate a partial road closure to reduce the width of the road reserve in the proposed reserve to 20m. Whilst the request from DoL doesn’t include New Beach, the report seeks to include this area in any negotiations with DoL. Background: Bush Bay and New Beach areas are located approximately 34Km South of Carnarvon and which have direct frontage to the sea. Access to Bush Bay and New Beach is via two alternate routes:

One is just south of Carnarvon on the North West Coastal Highway but takes you over 26 kilometers of unsealed road.

The second route takes you to a turn off 32km south of Carnarvon and this route only has about 7km of unsealed road.

Bush Bay is essentially an 800m long gap in the mangroves and consists of a slightly higher energy wider beach fronted by 3 km wide tidal flats, with mangroves to either end of the beach. Both Bush Bay and New Beach beaches are popular fishing spots with however no facilities. Importantly as the camping areas are not authorised by the State of Western Australia approval for camping at Bush bay or New Beach cannot be provided. However, this does not prevent travelers camping at these locations.

Photo taken 24 August at 11.30am where approximately 50 campers were established at Bush Bay and New Beach.

Proposal. The Department of Lands (DoL) has enquired as to whether the Shire would to accept a management order over the informal camping area at Bush Bay and for the Shire to also initiate a partial road closure to reduce the width of the road reserve in the proposed reserve to 20m (note Figure 1). DoL has advised that it would be prepared to arrange for a ‘licence’ over the area for caravan and camping purposes while the management order is prepared.

Figure 1 – Extract of location plan of DoL’s suggested management order/licence at Bush Bay (shown as red/hatched)

Consultation: The Shire has not undertaken any consultation on the matter. Statutory Environment: Land Administration Act 1997 Caravan Parks and Camping Grounds Act 1995 Caravan Parks and Camping Grounds Regulations 1997 Relevant Plans and Policy: None known Financial Implications: In many respects, these are yet to be identified as accepting a Management Order over the informal camping area at Bush Bay and to initiate a partial road closure to reduce the width of the road reserve in the proposed reserve to 20m has no specific costs. However, should Council accept the proposal from the Department of Lands there will be significant ongoing management costs associated with road maintenance, infrastructure (toilets, effluent dump) as well as on-going management. However, these costs will be offset by income from caravan/camping sites, however there is no guarantee that the income will offset the infrastructure costs for the areas. Risk Assessment: There are risks to accepting and also rejecting the Management Order over the informal camping area at Bush Bay. As noted, Bush Bay is currently used as an informal/unauthorized camping area by travelers who often reside for months and in some cases, years on end. This in itself is a risk to the environment and the locality. DoL has made progress in moving long term ‘residents’ from Bush Bay however the Shire has no authority over the area, even to establish ablutions or other facilities.

However, it would be appropriate for DoL to confirm that they have concluded all necessary enforcement and legal action concerning long term ‘residents’ so that the Shire does not inherit such matters. Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Comment: In a strategic sense, it is appropriate for the Shire to seek to have influence and control of what has informally become an important caravan and camping area in close proximity to Carnarvon. Importantly, acceptance of a management order will enable this area to be available for caravan and camping purposes for the long term tourist use. As noted, DoL has advised that it is willing to provide a licence over the area to the Shire until the management order is established (which could take up to 12 months). The suggested management order/licence for Bush Bay and New Beach is shown in Figure 2.

Figure 2 – The suggested management order/licence for Bush Bay and New Beach

However once the management order/licence is established, DoL will need to put in place means for the Shire to adequately enforce and prohibit camping outside of the approved area. In other words, whilst the Shire can control camping within the Manager Order/Licence, it will need authority to address unauthorized camping outside of the approved area. With respect to the request for partial road closure, further information will be required from DoL clarifying the area to be closed. Once received, the issue of road closure will form a further report to Council. OFFICER’S RECOMMENDATION That Council: 1. Advise the Department of Lands (DoL) that with respect to Unvested Crown Land and Portion of

Pastoral Lease 3114/593 (Brick House Station) that provided DoL confirm in writing that it has undertaken all necessary enforcement and legal action to move long term ‘residents’ from Bush Bay, Council:

a) is willing to accept a management order over the area that includes Bush Bay and New Beach

for caravan and camping purposes; b) is willing to accept a ‘licence’ over the area that includes Bush Bay and New Beach for caravan

and camping purposes until the management order is prepared and approved by Council; c) requests DoL to also establish appropriate measures to enable the Shire to prevent and

enforce camping outside of the area of the Manager Order/Licence 2. Upon confirmation of matters referred to in 1. above and after the execution of the manager

order/licence, request the Chief Executive Officer to prepare a draft management plan for Council’s consideration that addresses matters including (but not limited to) camping and environmental considerations of the area, along with anticipated costs, fees, sites and income through grants funding in order to implement the management plan.

3. Is prepared to consider partial road closure but requests detailed information on clarifying the

area to be closed and confirmation that DoL will accept costs associated with the closure.

8.3.3 ONSHORE STATE PETROLEUM EXPLORATION PROGRAM – RELEASE 2 OF 2014 AREA L13-2

File No 4F0201 Date of Meeting: 23 September 2014 Location/Address A large area covering parts of Cardabia Station, Marrilla Station and

stations falling within the Shire of Exmouth Name of Applicant Department of Mines and Petroleum Author Marius Shepherd, Manager: Planning Declaration of Interest: Nil Voting Requirements: Simple Majority Summary: This Report addresses the request by the Department of Mines and Petroleum (DMP) seeking comment on the release of an area of land for the purposes of inviting bids for exploration of hydrocarbons. Background: This item served before Council at its ordinary meeting held 26 August 2014 where the following was resolved:

“That the matter lay on the table for further clarification and be brought back to the September 2014 Ordinary Meeting of Council.”

Councillors then attended a presentation by the DMP later the same day that focused on the methodology of extraction of shale gas. Shire staff has also done further research on the matter to provide Council with additional information, which will be discussed under the “Comment” section below. As part of the ongoing program of exploration for hydrocarbons in Western Australia, the Petroleum Division of the DMP has selected a number of areas for inclusion in the second land release of 2014. One of these areas is known as Area L13-2 (Figure 1 below) and falls within the boundaries of the Shire of Carnarvon (as well as within the Shire of Exmouth). Consultation: Councillors questioned DMP officials at the presentation held in the Council Chambers on 26 August 2014. Some consultation also took place between Shire Staff and DMP as well as the Department of Planning, particularly with regard to the statutory environment. Statutory Environment: This process is undertaken under the Petroleum and Geothermal Energy Resources Act 1967. For this reason there is no delegated authority for Shire staff to respond to the request. Initial investigation further suggests that there is no role for Planning within the granting of permits and licenses for unconventional petroleum exploration and production under the Petroleum and Geothermal Energy Resources Act 1967, but this has not been verified yet and Shire staff continues to obtain legal opinion about the potential need for Planning Approval (at least for the land use) should future extraction be proposed. Unlike the Mining Act 1978 that ensures that for mining licenses, planning schemes are to be ‘considered’ by DMP but not to derogate from that Act (Section 120 - the result being that for a mining proposal no Planning Approval is required) the Petroleum and Geothermal Energy Resources Act 1967 is silent in this regard. It does not appear to include a reference like Section 120 of the Mining Act 1978 which would suggest that such production may be subject to Planning Approvals under a local planning scheme. Relevant Plans and Policy: None known

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Figure 1 – Locality of Release Area L13-2

Financial Implications: None known Risk Assessment: It should be stressed at this point that none of these risks apply to this item, as fracking is not proposed. The request from the DMP is merely to invite comment on possible prospecting, not on any extraction or similar activity of any kind. For the sake of completeness however, with regard to fracking and in consultation with DMP, the following risks are generally identified: Use/depletion of aquifer Fracking is a water intensive operation, since it requires millions of liters of water. The water has two uses – to assist in fracking and to transport the chemicals and proponents necessary to open the formation pores to enable the gas to escape. Such high use of water requires adequate water resource policies to manage the use of water. It needs to be balanced with water use for other needs, especially agriculture and drinking water. Part of this management will include educating the public of the source of the fracking water, and assurance to the community of the continuity of drinking water supplies. There is a potential concern that activities may lead to noticeable depletion of aquifers in prime agricultural regions. It is however important to note that, in comparison, fracking is not the biggest consumer of water.

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For example, the average fracking well uses approximately 21 million litres of water, which is a lot less than a 10 hectare irrigated vegetable crop uses (40 - 150 million litres per year). Water used in fracking does not need to be fresh however and can be brackish or saline. Fracking fluid can also be retreated and reused. (Source: DMP – 2014) Disposal of used water Fracking produces large volumes of used water that contain salts and chemicals. Any undertaking of fracking must necessarily include an adequate management plan for used water. Necessarily, any jurisdiction that undertakes fracking will need to develop a strategy for the management of wastewater. When deciding on a management strategy for used water, a regulator needs to consider the physical geology, hydrology, climate and rainfall of the area. Contamination of water resources One of the greatest concerns of fracking is the contamination of water resources. This contamination originates from two main sources:

The first contamination source is surface water, and is linked to the management of used water. If the used water is not sufficiently contained, there is a possibility that runoff from ponds in storm events or higher than normal rainfall periods may result in overflow of evaporation ponds.

The second source of water contamination is groundwater. Where unlined evaporation ponds are used, there is risk that contaminants may enter the groundwater system, thus contaminating the ground water resources.

Fracturing of surrounding formations affecting aquifers Perhaps the greatest controversy surrounding fracking in shale gas extraction is the danger of penetrating surrounding aquifers, thereby contaminating the aquifers. This has been demonstrated in the USA. Several fracking incidents have resulted in aquifer penetration, with contamination of local aquifers occurring. The primary cause of aquifer penetration is poor well design, resulting in aquifer contamination through well failure. This is particularly prevalent in areas where aquifers are close to the shale formation, and the shale formations are narrow. Aquifer penetration in Western Australia is unlikely since the shale formations are at great depth (over 2000m) and well away from aquifers, as well as generally being thick (usually over 100m), as illustrated in Figure 2 below. There is a very small risk that a shale fracking well structure may contaminate groundwater sources like aquifers. This however can only happen through poor and incompetent well construction, but it remains a risk. Chemicals used in Fracking The use of chemicals in the fracking process is necessary for the opening and ‘propping’ of the shale formation to extract the gas. Given the controversy over fracking chemicals, some companies involved in fracking have started publishing the chemicals that are used in shale gas operations. Such transparency is considered mandatory. Whether Planning Approval is required or not The definition of ‘development’ in the Planning and Development Act 2005 Act includes the concept of physical development and the use of land. “Development means the development or use of any land, including – a. any demolition, erection, construction, alteration of or addition to any building or structure on the

land; b. the carrying out on the land of any excavation or other works; c. in the case of a place to which a Conservation Order made under section 59 of the Heritage of

Western Australia Act 1990 applies, any act or thing that — i. is likely to change the character of that place or ii. the external appearance of any building; or iii. would constitute an irreversible alteration of the fabric of any building.”

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Therefore, potentially, any turning of the soil, any minor alteration of a building, is considered to be development, as is the use of any land or building even where it is not accompanied by any physical works. This is then reflected in a planning scheme and linked to permitted, discretionary and prohibited use and developments of zones. S120 of the Mining Act 1978 ensures that for mining licences, planning schemes are to be ‘considered’ by the Department of Mines but not to derogate from this Act. The result is that for a mining proposal, no planning approval is required under a local planning scheme. However, there does not appear to be a similar ‘S120’ provision for the Petroleum and Geothermal Energy Resources Act 1967. The Shire has asked DMP to clarify the statutory planning requirements associated with ‘development’ in light of the Petroleum and Geothermal Energy Resources Act 1967 and upon receipt of this response, further advice to Council on the matter is anticipated. Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Outcome 1.7 An economy that is based on the Shire's distinct characteristics, regional advantages and natural qualities.

1.7.8 Support and promote mining ventures.

Comment: As noted above, Council requested at its August 2014 ordinary meeting that this item be ‘laid on the table’ and brought back to the September 2014 Council Meeting with further clarification on the matter. It can be safely assumed (guided by the questions raised during the presentation by DMP afterwards) that the matter referred to in the resolution is fracking – a topic that certainly had its fair share of questions around the world for some time. Below is an overview of the concept of shale gas fracking (which is proposed by DMP in this instance): Conventional natural gas is released freely through the permeable rock formations such as carbonates, sandstones, and siltstones they are stored in. This is because permeable rock formations have tiny interconnected cavities through them, similar to a sponge, which allows the gas to flow. This process has been used around the world and in Western Australia for many years. WA’s large LNG projects use conventional natural gas. In contrast, natural gas found in harder, less permeable (denser) rock shale and tight rock formations is trapped and cannot flow freely, so a different process is needed to recover the natural gas from the ground. These rock formations need to undergo hydraulic fracture stimulation (known as fracking) to release the natural gas and enable recovery. Natural gas can be categorised by the type of rock it is extracted from, such as:

coal seam gas – found in coal seams;

tight gas – found in compacted sandstone or limestone; and

shale gas – found in dense shale rock.

Coal seam gas is produced by drilling a well into a coal seam, hydraulic fracturing the coal seam and then releasing the gas by reducing the water pressure by pumping away the water. Fracking of a coal seam is done by pumping large volumes of water and sand at high pressure down the well into the coal seam which causes the coal seam to fracture. The sand carried in the water is deposited in the fractures to prevent them closing when pumping pressure ceases.

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The gas then moves through the sand-filled fractures to the well. While WA may have coal seam gas, no known commercially prospective coal seam gas resources have been found to date. In Australia, these shallow coal seam gas resources are more commonly found in the Eastern States where they are currently being developed. Shale and tight gas also requires fracking to fracture the hard gas-bearing rocks to create a path for the natural gas to flow. Fluids under high pressure are used to create small fractures to release gas from shale and tight rocks which previously did not produce gas. These fractures allow trapped gas within the rock to flow into the well through the fracture network. The fluids used in fracking typically contain 90% water, 9.5% sand (or an equivalent material) and 0.5% chemicals. The water is used to fracture the rock and transport the sand and chemicals through the well, and transfer the pressure to create a fracture network. The sand is generally used to hold the fractures open to increase the flow of natural gas into the well. The chemicals are used to improve the transportation of the sand, reduce friction, prevent the growth of bacteria, reduce chemical precipitation and prevent corrosion over time. Typically, a fracture is three to six millimetres wide and can extend out horizontally for up to 400 metres and vertically for 100 metres. The pumping of the fluid down a well is controlled and monitored, generally occurring at around 10,000psi, or 300 times the pressure of a car tyre. Recent advances in drilling techniques and hydraulic fracturing have made the production of shale and tight gas resources more economically viable. Figure 2 below indicates the typical depths at which different types of oil and gas can be found in WA, compared to shallow depths for coal seam gas being developed in other parts of Australia. Figure 3 shows the well structure diagram, highlighting the layers of steel and cement casing that protects groundwater resources because they provide the isolation of fresh water zones and groundwater from the inside of the well. Casing is also used to transmit flowback fluids from well treatment. The Shire is advised that the benefit of the horizontal drilling at great depth is that extraction can occur in all directions without extra impact at or near the surface as there would still be only one vertical drill location. It also ensures no contact whatsoever with aquifers which is much shallower at usually less than 300m deep. According to CSIRO, shale gas has the potential to change the global energy market. Already, it has transformed the energy sector in the USA, positioning the USA as a net exporter rather than importer. Worldwide interest in shale gas has increased, and large shale gas reserves have since been identified in countries in Europe and Asia, as well as Australia. There is currently limited commercial production of shale gas in Australia and the full extent of resources has not yet been ascertained. Initial evaluations indicate that our shale gas resources have the potential to significantly contribute to the Australian energy portfolio. The US Energy Information Administration (US EIA) estimates that ‘technically recoverable’ shale gas resources in Australia are 396 trillion cubic feet (tcf). One tcf is approximately equivalent to Australia’s annual domestic gas usage. WA alone was estimated to be holding the fifth largest reserves of shale gas in the world - approximately double the amount of gas held in WA’s offshore conventional fields. While Australia has substantial prospective shale reserves, commercial production of shale gas will require long lead times and long term investments because of the nation’s small population, low domestic demand and gas prices and the large infrastructure and transportation costs associated with the remote shale reserves. The bulk of future Australian shale gas is likely to be exported as liquefied natural gas. Therefore the feasibility of the resource needs to be carefully assessed and confirmed to warrant the large capital investment that may be needed to establish a successful and viable industry.

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Figure 2 - Typical stratigraphy, demonstrating location and thickness of Shale Gas formations, and proximity to aquifers. (Source: DMP)

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Figure 2 – Diagram of well casing (Source: DMP) Although shale and tight gas production is new to WA, it has been practiced worldwide for over 30 years. The State combines its current regulations for oil and gas with international experience, knowledge and technology to ensure high standards are enforced. The suite of legislation and regulations relevant to fracking operations are shown in Figure 4 below:

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Figure 4 - Key agencies, the roles and the legislation used to regulate the onshore oil and gas industry (source: DMP) The DMP has also prepared responses to some of the most common criticisms lodged against fracking, which is outlined in the table below:

CLAIM DMP RESPONSE

The fluid used during fracking is a ‘toxic chemical cocktail’ kept hidden from the public.

In WA, companies are required to publically disclose all chemicals used in the fracking process. Fluid placed down a well during fracking is typically made up of 90 per cent water, 9.5 per cent sand and 0.5 per cent chemical additives. Most additives can be found in common household items such as ice cream, cosmetics, detergent and table salt. WA’s environmental petroleum regulations have the strongest chemical disclosure requirements of any Australian jurisdiction.

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A report in the United States revealed 6-7% of wells fracked in the US leak in the first year.

Official US Ground Water Protection Council reports into the failure rates of onshore wells drilled in Ohio and Texas over a 20 year period found the true rate of failure to be 0.03% and 0.01% respectively. Most of these leaks were not significant and occurred at the surface.

Under Petroleum Resource Management regulations, all petroleum wells in WA must adhere to strict international well design and integrity standards as well as strict monitoring regimes, which significantly reduce the risk of well leakage occurring.

Fracking causes health issues. DMP is not aware of any publically confirmed cases of a medical illness being directly attributed to fracking in Australia or the US (according to the US Environmental Protection Authority).

Fracking contaminates water aquifers. There is no evidence of water aquifers having been contaminated as a result of fracking in WA. WA petroleum operators must adhere to strict international well design and integrity standards including the requirement for several layers of protective cement and steel casing in areas which pass through aquifers.

Additionally, WA’s shale and tight gas resources and aquifers are often separated by thousands of metres of dense rock formations, acting as a natural barrier.

Shale gas industry in WA intends to develop 130,000 onshore wells.

WA’s shale and tight gas industry is currently in its early exploration phase with three wells having undergone fracking in 2012 and seven since 2005. If shale and tight gas exploration does prove successful, any increase in activity would be subject to government approvals and is expected to be gradual.

The documentary Gasland shows US residents lighting their taps on fire, claiming gas development is to blame.

Gasland has been discredited by many recognised scientific and environmental expert bodies as inaccurate and unnecessarily alarmist. Due to unique geology in some areas of the US, naturally occurring methane has been present in aquifers long before gas development occurred. For members of the public who are interested in finding out more about this documentary, a recent public crowd-funded documentary, Fracknation, investigates the facts presented in Gasland.

(Source: Prospect Magazine (DMP) June- August 2013) However, despite all the additional information on fracking contained in this report, it must still be remembered that the issue at hand is merely exploration of a particular area. In this regard, the Department of Mines and Petroleum has advised as follows:

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“To assist you in considering the attached information, I would advise that the release of acreage does not guarantee a petroleum exploration permit will be granted, nor does a petroleum exploration permit necessarily mean that oil/or gas will be discovered or ultimately recovered from the area. The release of a petroleum exploration area is in effect an invitation to bid for a petroleum exploration permit. Any future on ground activities to be undertaken within a granted exploration permit will be subject to a separate application and approval process.”

Accordingly, the proposal before Council is the first step in the exploration process where any future activities will still have to go through a separate application and approval process. At this stage the DMP is simply inviting bids for exploration. As a result, it is recommended that the Shire of Carnarvon will have no objection to the opening of the area to invite bids, but to stress its interest in any future activities. OFFICER’S RECOMMENDATION That Council: 1. Advise the Department of Mines that with respect to its request for comment on the release of an

area of land for the purposes of inviting bids for exploration of hydrocarbons:

i. that the Shire of Carnarvon has no objection to the release of Area L13-2 for the purposes of inviting bids for the exploration of hydrocarbons; and

ii. furthermore that the Shire of Carnarvon stresses its interest in the process and retains its right to comment and/or object to any future activities in the process.

2. Request the Chief Executive Officer to submit to Council any further proposed activities in this

regard as the process continues.

8.3.4 REQUEST BY DEPARTMENT OF LANDS FOR COUNCIL TO COMMENT ON EXCLUSIONS OF LAND FROM 2015 PASTORAL LEASE FOR PUBLIC PURPOSES

File No 4T0801 & A3594 Date of Meeting: 23 September 2014 Location/Address Various Name of Applicant Department of Lands Author Ian D’Arcy, Chief Executive Officer Rob Paull Director Development Services Declaration of Interest: Nil Voting Requirements: Simple Majority Summary: This Report addresses a request by the Department of Lands for the Shire to confirm that Shire does not have an interest in becoming the management authority over the exclusion area from Quobba pastoral lease. Background: The issue of the exclusions and excision of land for public purposes from relevant pastoral leases along the coast has been a matter of Council consideration for many years. A review of Shire reports and Council decisions for over a number of years provides guidance as to the various considerations by Council. 2000 In 2000 a number of amendments made to the pastoral provisions of the Land Administration Act (LAA) 1997 came into effect. One of these amendments pertained to excluding land for a ‘public purpose’ from a pastoral lease to be renewed on 1 July 2015. The primary purpose of this provision was to accommodate land required by the then Department of Conservation and Land Management (now DEC) for conservation purposes. However, the amendments to the LAA also included provision for other government agencies and local government to exclude land for a public purpose. The Shire was invited by the then (then Department of Land Administration (DOLA and now Department of Lands) to consider any land within an existing pastoral lease needed for a public purpose. 2002 After considering this invitation at two consecutive Ordinary Meetings in May and June 2002, and recognising the need to provide a number of public recreational places and public access routes to its coast—notwithstanding the management burden this might place upon it, Council resolved (at its June meeting) to advise the (then) as follows:

“… that it desires to excise a coastal strip of land for public purposes from relevant pastoral leases along the coast from 1 July 2015. The coastal strip should extend from the Carnarvon Shire Council south boundary to the north boundary. The coastal strip should be generally 2-3 km wide and should the follow the coast from south to north.”

Later that year, at its October Ordinary meeting, a motion to revoke the above resolution was considered and lost. In December 2002, DOLA advised of a number of proposed pastoral exclusions within the Shire for a public purpose. Exclusions were proposed from the coastal frontages of Ningaloo, Cardabia, Warroora, Gnaraloo, Quobba, and Booltathana pastoral leases on the Shire’s northern coast, and from the coastal frontages of Brickhouse, Edaggee and Wooramel pastoral leases on the Shire’s southern coast. Exclusions were also proposed from the Cardabia pastoral lease for townsite expansion of Coral Bay, and from the Doorawarrah pastoral lease and other parts of the Brickhouse pastoral lease for horticulture. Land excluded from the coastal frontages of the Ningaloo, Cardabia, Warroora, Gnaraloo (the coast north of Gnaraloo Bay) pastoral leases was to be excluded for conservation and recreation purposes and vested in the Conservation Commission as this coastal strip largely adjoined the then Ningaloo Reef Marine Park contiguous with the Shire boundary.

Land excluded from the frontage of the Boolathana pastoral lease was to be excluded for recreation and tourism and be jointly vested in the Departments of fisheries and (then) Planning and Infrastructure (now Department of Planning). Land excluded from the coastal frontages of the Gnaraloo (the coast south of Gnaraloo Bay), Quobba, Brickhouse, Edaggee and Wooramel pastoral leases was to be excluded for recreation and tourism development and be jointly vested in the Shire and the Department of Fisheries. 2003 At its Ordinary Meeting in March 2003 Council considered the above proposed exclusions and resolved (among other things) to form an ‘internal working group’ to examine a number of issues associated with negotiating and managing the exclusion areas which were to become the responsibility of the Shire. The following month, the Pastoral Lands Board confirmed the above proposed exclusions and the acquiring authorities of the land to be excluded. The acquiring authorities were those identified as the authority in which the above land exclusions were to be vested. The ‘Exclusion Negotiation Guidelines’ endorsed by the Minister for Planning and Infrastructure were also included and it was expected that the acquiring authority would negotiate with the relevant pastoral lessee the acquisition of the exclusion area in accordance with those guidelines. Thereafter, it is known that Council’s internal working group met on at least a couple of occasions but it is unknown at present whether the terms of reference adopted to guide the group in its tasks were fully completed. Later in October 2003 Council considered an update from the group on the progress of its work. At that time Council resolved to endorse the group’s preliminary position in respect to the future management of both the northern and southern coastal strips, which mainly appeared to focus on providing a number of strategic access routes to the coast; delegate responsibility to the group to negotiate suitable outcomes with pastoralists and the State to acquire land for public access; and require staff to separately report on future management on coastal reserves managed by the Shire, including the provision of fees and charges. 2005 In May 2005 the Shire was advised that the pastoral exclusion program concluded and that the Minister for Planning and Infrastructure had approved a number of pastoral exclusions within the Shire. It is understood that the only difference between the approved list and the initial list of proposed exclusions was that (the then) CALM (now Department of Parks and Wildlife) became the acquiring authority for the Edaggee exclusion instead of the Shire and the Department of Fisheries jointly. Whilst the Shire was the nominated management authority for the coastal strips south of Gnaraloo Bay to the southern boundary of the Quobba pastoral lease, and for the coastal strip south of Oyster Creek to the southern boundary of Wooramel (excluding the Edaggee coastal strip) the process to enact was not yet been completed. 2008 On 22 July 2008, Council resolved:

“That: (1) Further consideration of the request from the Department of Environment and Conservation (DEC) for

coastal land excluded from the Gnaraloo, Quobba, Brickhouse, Edagee and Wooramel pastoral leases to be vested in DEC be deferred pending the completion and consideration by Council of: (i) The proposed access study to be undertaken by the Ningaloo Sustainable Development Office

(NSDO); and (ii) A cost/benefit study for it to manage the above-referenced coastal lands for recreation and

tourism development: (2) In respect to (1) (ii) above, an appropriate consultant be engaged to prepare a scoping study (or brief)

to identify development and management issues and opportunities for the future development and management of these coastal lands, and the estimated expense in engaging a consultant to undertake a cost/benefit study for the Shire to manage these lands;

(3) An initial allocation of say, up to $5,000 be set aside in the 2008/9 Shire budget to engage a consultant to prepare the above-referenced scoping study, with a further (and as yet undetermined) allocation be set aside in the same budget to engage a consultant to undertake the recommended cost/benefit study.”

Although Shire records indicate that discussions with DoL and other relevant agencies continued, there is no clear indication that the Parts 2 and 3 of the 22 July 2008 resolution was undertaken by the Shire. It should be noted that there is evidence that the (then) DEC were advised of Council’s decision. Accordingly, it would appear that the 22 July 2008 resolution is the most recent consideration of the ‘exclusion’ issue by Council. However, it would also appear that the resolution of Council of June 2002 is still the direction of Council on the matter. Description of Proposal: By correspondence dated 19 August 2014 (Schedule 8.3.4 (i)), the Department of Lands (DoL) for the Shire to confirm that Shire does not have an interest in becoming the management authority over the exclusion area from Quobba pastoral lease (note figure 1). Figure 1: Area of exclusion from Quobba pastoral lease referred to in the DoL correspondence dated 19 August 2014

By way of information, pastoral leases will expire on 30 June 2015. Lease holders were offered renewal of their pastoral leases in 1997 on the condition that some areas may be excluded from their pastoral lease for 'public purpose' pursuant to section 143(6d) of the Land Administration Act 1997.

By correspondence dated 19 August 2014 DoL advised that as “…… the management authority, the Shire would be responsible for all associated costs and fees arising from the granting of appropriate tenure for the excluded areas. It is to be noted that these costs may include the cost of native title negotiations and conveyance of tenure”. Consultation: The Shire has not undertaken any consultation on the matter. Statutory Environment: State Planning Policy 2.6—State Coastal Policy State Planning Policy 6.3—Ningaloo Coast District Zoning Scheme (DZS) 11 Ningaloo Coast Regional Strategy (NCRS) Land Administration Act 1997 Native Title Act Relevant Plans and Policy: The Ningaloo Coast Regional Strategy Carnarvon – Exmouth (2004) (NCRS) is a relevant policy document that addresses the management of excised areas. The NCRS for the Ningaloo ‘coastal strip’ (containing the Gnaraloo and Quobba exclusions) generally sought to have the land vested in the Conservation Commission WA. Financial Implications: The financial implications are yet to be identified however the position of Council in July 2008 with respect to undertaking a scoping study to identify development and management issues and opportunities for the future development and management of these coastal lands is supported. Risk Assessment: There are risks to accepting and also rejecting the management over the coastal areas as identified in the DoL correspondence. Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Comment: As noted in ‘Background’, it would appear that the position of Council with respect to the excision of coastal land for public purposes and subsequent management was addressed in the June 2002 Council resolution:

“… that it desires to excise a coastal strip of land for public purposes from relevant pastoral leases along the coast from 1 July 2015. The coastal strip should extend from the Carnarvon Shire Council south boundary to the north boundary. The coastal strip should be generally 2-3 km wide and should the follow the coast from south to north.”

The Shire has sought DoL any correspondence from the Shire that reflected its view that the Shires previous position has been that it “…… does not have an interest in becoming the management authority over the exclusion area from Quobba pastoral lease”. At the time of preparing this Report, no reply had been received. Issues relating to who controls and manages the coast, preferred land tenure and how it will be resourced are critical to local residents and others with an interest in the coast. This is not a new issue for the Shire as the following extract from a Shire Staff report to Council in October 2002 demonstrates (and which apart from the changing names of the State Government departments is still considered relevant):

MANAGEMENT OF COASTLINE BY THE SHIRE

MANAGEMENT OF THE COASTLINE BY THE STATE GOVERNMENT OR OTHERS

ADVANTAGES DISADVANTAGES ADVANTAGES DISADVANTAGES

* Increased local control. * Widespread local community support (based on the numbers of people which signed a petition on the Carnarvon Coastal Strategy). * Additional staff would be required to be based locally. Extra families can support the local economy and assist to sustain local services. * Opportunity for some financial and logistical support from the State and Commonwealth Governments.

* Significant resource burden with no resources identified. * Realistically, the Shire could not afford to finance the management. * The Shire would have a duty of care to ensure the coast is safe. * The Shire’s Risk Management Consultant highlights significant public liability and insurance issues. * Sections of the coast, especially north of the Blowholes on the cliff coast have high risks and liabilities. The Gracetown tragedy, while still not finalised, could result in legal precedents which may burden Shire’s with legal action and liability in its management of the coast. The Shire would need to determine whether it would want to ‘hold’ the coast or be pressured over time to ‘manage’ the coast. Any new improvement from upgrading roads or providing signage would place pressure and responsibility on the Shire to manage the coast.

* Ensures a coordinated Statewide approach. * Assist to ensure a coordinated approach for the Ningaloo Reef. * The State Government has a far greater capacity to resource the management to ensure effective implementation. * CALM has expertise in coastal management and is one of their core business activities. * The Shire can work in partnership including fulfilling its statutory responsibilities for planning, building and health. * A single management authority similar to the Great Barrier Reef Marine Park Authority could clarify responsibilities for the coastal area.

* The State may delay adequate funding for effective implementation. * Decisions may not take account of local concerns (it could be seen that as key decision-making is all based in Perth). * A possible new single management authority could add another level of bureaucracy and may not lead to better management.

* The Shire can still be directed to do things by the State Government (ie. through a Public Environmental Review) or through a management plan. * While there may be opportunities for State and Commonwealth funding assistance and through ‘user pay’ schemes (such as camping fees), the monies received are not likely to fund the cost of management. Accordingly, the Shire may need to increase rates or not provide some current services. * Resourcing costs include: - preparing a detailed

management plan which is likely to be formally assessed through a Public Environmental Review. The cost will be hundreds of thousands of dollars.

- Approximately 30 additional staff would be required, including rangers, maintenance staff and support staff (this is based on CALM requiring 4 rangers to manage 60 kilometres of coastline in the Cape Range National Park as well as additional support staff);

- Construction of roads (such as a possible ‘coastal’ road and ‘spur’ roads) which may also require formal environmental assessment. The construction costs will be millions of dollars;

- fencing; - signs; - educational information; - fire management; - insurance; - control of weeds; - control of off-road

vehicles; and - administrative costs and

time to gain Native Title and other clearances prior to works proceeding.

* The Shire may need to pay compensation to the lessees.

The 2002 table was not meant to be to be an exhaustive list but to rather, generate discussion and to highlight implications of different approaches.

Based on that above considerations and the need for the DoL to have a clear position on the nature of any Shire management of the excised area, it is considered that the following approach be pursued:

Possible joint management of sites which are identified and agreed by the Council through the Carnarvon – Ningaloo Coast Regional Strategy.

The Shire retaining its statutory responsibilities for planning, building and health approval in coastal areas.

The Shire being a key stakeholder which provides input into the development of required management plans.

The above approach seeks to recognise the international significance of the coast and that effective management with adequate resourcing is critical. It also seeks to acknowledge that unless it is carefully considered, management of a 400 kilometre stretch of coast could be burden on a Shire with a low revenue base.

OFFICER’S RECOMMENDATION That Council: 1. Advise the Department of Lands (DoL) that with respect to the Shire’s position as a management

authority over the exclusion area from Quobba pastoral lease that the Council seeks to:

a) be an active manager in partnership with an appropriate state agency that could include the Department of Parks and Wildlife (DoPaW); and

b) establish a memorandum of understanding with DoL and DoPaW prior to July 2015 to define the areas of responsibility associated with the management over the exclusion area from Quobba pastoral lease.

8.3.5 CARNARVON AIRPORT PRECINCT STRUCTURE PLAN FOR FINAL ADOPTION File No 4A0133 Date of Meeting: 23 September 2014 Location/Address Carnarvon Airport Precinct Name of Applicant Shire of Carnarvon Author Marius Shepherd, Manager: Planning Declaration of Interest: Nil Voting Requirements: Simple Majority Date of Previous Report: 6 May 2014 Summary: This report presents to Council the modified Carnarvon Airport Precinct Structure Plan (CAPSP) for final adoption. All modifications have been effected and the document has been accepted as the final version by the Western Australian Planning Commission (WAPC). Once adopted by Council it will become the official Carnarvon Airport Precinct Structure Plan. Background: Following Council’s resolution at its special meeting held 6 May 2014 to execute the modifications presented (as a result of submissions received during the advertisement period), adopt the draft CAPSP and forward it to the WAPC for endorsement, WAPC staff required a small number of further minor modifications to refine the document. These have now also been executed and the WAPC is satisfied with the final document as presented with this report. Consultation: The Shire was in continuous consultation with the WAPC. Statutory Environment: The preparation of the Structure Plan aligns with the process for preparing a Local Planning Strategy (LPS) under Regulations 12A & 12B of the Town Planning Regulations 1967. This will ensure the plan, once adopted by Council and the WAPC, is recognised as a planning instrument within the state planning framework that will guide and facilitate future change in land use and development over part or all of the existing airport land, including rezoning and subdivision of land in a planned and orderly manner. There is no requirement under the current Scheme for a Structure Plan over the subject site, but given the scale of the site a District Structure Plan is considered appropriate to guide future development over this area. The Shire of Carnarvon Council resolved to undertake a review of its Planning Schemes and prepare a new Local Planning Scheme 13 (in progress). This new local planning scheme will enable the implementation of the CAPSP once completed and enacted. Relevant Plans and Policy: There is no specific policy for the area other than that mentioned in the Scheme that exists at this point in time. Upon adoption of the Structure Plan it is expected the Council will need to review its current policy that relates to the existing Airport Precinct as part of the LPS process. Financial Implications: There are no major financial implications with this project fully funded through an allocation in the 2013/14 budget, supported by approved grant funding from the Department of Planning and Department of Transport.

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Risk Assessment: Should Council determine not to adopt the CAPSP, it could jeopardise future funding arrangements from the Department of Transport associated with spending on runway improvements at the airport. Community & Strategic Objectives: The CAPSP recognise and complies with various Strategic Plans and Guidelines, including the Ningaloo Coast Regional Strategy Carnarvon to Exmouth 2004, Draft Gascoyne Regional Planning & Infrastructure Framework 2012, Shire of Carnarvon Tourism Strategy, Manual of Standards Part 139 – Aerodromes 2012 and the Carnarvon Strategic Community Plan 2011 as shown below:

Objective 1: A developing regional economic base and increased employment supported by strong business enterprises and a growing population Outcome 1.1 Increased availability of serviced residential, commercial and

industrial land.

1.2.2 Progress the relocation of the existing Carnarvon Airport to support the development of land in accordance with the Outline Development Plan.

Outcome 1.2 Improved Shire infrastructure

1.3.2 Progress development of a new Carnarvon Airport.

Objective 3: a healthy and safe community, enjoying a high quality of life.

Outcome 3.2 Increased population and industry growth

3.2.1 Relocate the airport addressing existing air transport shortfalls and community land needs.

Comment: The most recent modifications suggested by the WAPC came after Council’s adoption of the Structure Plan and only seeks to refine the document as relatively minor mistakes and omissions were picked up. These were all corrected and the final document was made available to Councilors. No substantial changes were made to the document and it is recommended that Council adopts it as the final Carnarvon Airport Precinct Structure Plan OFFICER’S RECOMMENDATION That Council resolve to:

1. Receive and accept the Schedule of Modifications attached as Schedule 8.3.5(i). 2. To adopt the final Carnarvon Airport Precinct Structure Plan 15 August 2014;

3. Authorise the Shire President and Chief Executive Officer to sign the final Carnarvon Airport

Precinct Structure Plan and affix the common seal of the Shire of Carnarvon on such documentation then forward three copies of the document to the Western Australian Planning Commission for endorsement; and

Outcome 3.7 Housing and transport options that respond to our community’s needs.

3.7.2 Advocate for improved air and public transport services for the district.

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4. Note that the final Carnarvon Airport Precinct Structure Plan will be implemented through a revised Local Planning Scheme and submitted to Council for endorsement at a future date.

Schedule 8.3.5(i) Schedule of Modifications

WAPC Resolved Modifications

No. Section Modification Reason Status

1. 1.2.3 Legal Description and ownership

Change landowner for lots 547 and 559 to the Shire.

To reflect correct landowner.

Complete

2. 2.3.2, Figure 29 New section added re: contaminated sites identifying a large parcel of future residential land

Information re: contaminated sites became available late

Complete

3. Figure 30, Existing floodway, floodplain and levees

Include a legend The pale blue is undefined and unclear on how this will impact the proposal.

Complete

4. Figure 41, The Structure Plan

Define that this is the short-medium term option in the title

For clarity Complete

5. Figure 43, Stage 3 indicative plan

Define that this is the "Stage 3 Indicative Plan (Long Term Structure Plan)" in the title


6. Section 3.3.3 Buffers

Revise ANEC/ANEF buffers and/or confirm jet traffic and volumes are accounted for within final buffer design

To ensure that the vision of the master plan (as a jet capable airport) is accounted for within the final design.

Complete

7. 3.4.4 External Intersection Controls

Define where access points are within a figure and include a location within each heading (i.e. for Access H and N)


8. Public Transport (p.92)

Change 'buses' to bus'

Typo Complete

9. 3.7.1 third paragraph

Change services to 'serviced'

Typo Complete

10. 3.7.5, fourth Change 'detail' to Typo Complete

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paragraph 'detailed'

11. 3.7.8, second paragraph

Change 'construction' to 'constructed'

Typo Complete

12. Figure 57 and 58 Define the blue dotted line (levee?); and clarify the titles - short and medium term

Clarity Complete

13. 4.2.1 Implementation - Short Term

Include text as underlined: "an engineering and cost benefit analysis should be a priority to determine the capability and suitability of the proposed runway realignment to the east of the existing facility in comparison to the remedial or upgrade works to the existing airport infrastructure, or the complete relocation of the airport (the long term option)"

To ensure all options are assessed up front prior to final decision, in accordance with submissions received.

Complete

14. 4.2.1 Implementation - Short Term

Include text as last sentence of section 4.2.1: "Hydraulic modelling will need to be conducted to identify the developable and non-developable land areas within the Structure Plan. The hydraulic modelling will also need to provide specific guidance to ensure that the proposed

To align with advice received from the Department of Water, and to ensure that future development is appropriately located and designed in accordance with environmental constraints.

Complete

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development has adequate flood protection from a 100 year ARI flood, and that the proposed development does not detrimentally impact on the 100 year ARI flooding regime of the general area. This will need to be undertaken in consultation with Department of Water."

15. Appendix 1 Include final buffers (refer to modification 16 below) within the final Structure Plan design.

For clear information. If the final Structure Plan becomes unclear from the multiple buffer layers, include the following as a minimum:

ANEF/ANEC 30, 25, 20 contours.

10m OLS contours.

Provide a clear and specific reference to the remaining comprehensive buffer maps within the Plan.

Complete

16. Appendix 1 Include Long Term planning option (airport removed)

Omitted from Structure Plan

Complete

17. Appendix 2 Revise ANEC/ANEF buffers and/or confirm jet traffic and volumes are accounted for within final buffer design

To ensure that the vision of the master plan (as a jet capable airport) is accounted for within the final design.

Complete

8.3.6 BROADCAST AUSTRALIA TELECOMMUNICATIONS TOWER AT LOT 674 (HN 275) ROBINSON STREET EAST CARNARVON

File No A587; P46/14 Date of Meeting: 23 September 2014 Location/Address Lots 674 (HN 275) Robinson Street, East Carnarvon Name of Applicant Broadcast Australia Pty Ltd Author Marius Shepherd, Manager: Planning Declaration of Interest: Nil Voting Requirements: Simple Majority Summary: This report presents to Council a retrospective application for Planning Approval for a telecommunications tower already constructed at Lot 674 (HN 275) Robinson Street, East Carnarvon (corner of Robinson Street and Lewer Road). The tower is owned and operated by the Broadcast Australia and when completed, will provide the infrastructure requirements for installation of Optus mobile telecommunications equipment and service provision at first and allows for future use by other service providers. Background: Broadcast Australia Pty Ltd (BA) informed the Shire of Carnarvon of its intention to construct a new 45m high triangular steel telecommunications tower at 275 Robinson Street in February 2014 (locality shown in Figure 1 below).

Figure 1 – Locality Map (Google Earth)

BA specifically advised that the development was exempt from Planning or Building Approvals, as quoted:

“Under the terms of Section 24(3) of the National Transmission Network Sale Act 1998, BA has been granted certain immunities from state regulatory laws, specifically those relating to town planning and the use of land. This allows works to proceed, such as the above, without the need to obtain planning or building approvals.”

Site

Morgantown

Airport

Showgrounds

At the time, there was no reason to doubt this advice from BA as it appeared sound. At the end of May 2014 notice was received from Optus that they intended to affix their broadcast equipment to the then proposed BA tower to be constructed at 275 Robinson Street. Again, exemption from any Planning or Building Approvals was argued as it was a “low impact facility” under the Telecommunications (low impact) Determination 1997. Subclause 6(3) of Schedule 3 of the Telecommunications Act 1997 reads:

“(3) The Minister may, by legislative instrument, determine that a specified facility is a low‑impact facility for the purposes of this clause. The determination has effect accordingly.”

Under subclause 6(3) this ministerial determination was made:

“A facility described in column 2 of an item in the Schedule is a low‑impact facility only if it is installed, or to be installed, in an area mentioned in column 3 of the item.”

The schedule then continues:

The Shire officer responded in June 2014 to Optus that he agreed with the reasoning that the Optus equipment could be exempt, but that after reviewing both the Telecommunications Act and the National Transmission Network Sales Act 1998 (NTN Sales Act) he now doubted the reasoning for the tower to be exempt.

Construction started at this time and the officer made contact with BA stating that he had doubts over the tower being exempt from Planning or Building Approvals. Also, other staff highlighted the impact the tower might have on the flight paths from the Carnarvon Airport was a safety concern, the methodology and timeframes associated with pouring the concrete footings for the tower raised concerns and the visual impact on the amenity of the area became apparent after construction started. During a teleconference between Shire staff and BA representatives, the Shire officer queried the legal basis of the exemption argument, and was informed that exemption remains based on the National Transmission Network Sales Act 1998 (NTN Sales Act). The Shire officer then studied the NTN Sales Act but interpreted it differently to BA’s representatives. Various telephone and e-mail communications followed but agreement between Shire staff and BA representatives could not be reached as both sides remained adamant that only its own interpretation of the NTN Sales Act was correct.

Shire staff resorted to obtaining legal advice from the Shire’s solicitors, who concurred with the officer’s interpretation. On 27 June 2014 Council issued the direction to remove the tower under Section 214(3) of the Planning and Development Act 2005 (WA). BA representatives met with Shire staff to find an amicable solution. The parties agreed that a retrospective pApplication shall be lodged and assessed, and if approved an application for a Building Permit can be assessed. Staff indicated to BA the likely conditions to be put on an approval if it is issued, to which the BA representatives were agreeable.

Consultation: Shire Staff consulted with Shire solicitors McLeods on the interpretation of the NTN Sales Act. Statutory Environment: National Transmission Network Sales Act 1998 Central to this application (as far as its reason for being lodged), as stated above, is the National Transmission Network Sales Act 1998. BA’s interpretation has always been that Section 24(3) of the NTN Sales Act provided immunity from any Planning or Building approvals. It reads as follows: “24(3) A State regulatory law does not apply to a site or telecommunications facility that:

a) is owned by the Commonwealth, an NTC or a declared successor; and b) was used at any time before the commencement of this Act in connection with a

protected activity.” As the declared successor, BA argues that its sites are therefore immune to any State regulatory law (such as the Planning and Development Act 2005 which empowers the Town Planning Scheme and also the Building Act 2011). They further argue that the site was in use prior to the commencement of the Act (however their interpretation of a ‘site’ is not limited to the cadastral demarcation of a ‘lot’ but may mean a group of lots as well). Shire staff however interprets Section 24(5) of the NTN Sales Act to nullify Section 24(3) in this instance, as it states:

“24(5) Subsections (3) and (4) do not apply to a building, structure or other telecommunications facility that commenced to be constructed after the commencement of this Act”.

The tower in question is in the opinion of the officer a structure (or telecommunications facility) that commenced to be constructed in 2014, more than a decade after the commencement of the NTN Sales Act 1998. As a result it is considered not to be immune to State regulatory law. It should be noted that BA interprets Section 24(5) very differently and argues this Section applies to structures only and not to sites. Since this tower is on a site they owned prior to the Act (thus considered to be exempt) the structure on such a site is by default also exempt. Section 24(5) is considered to only apply to structures on land not previously owned by BA.

These two different interpretations were the basis for obtaining legal advice, which eventually led to BA agreeing to submit a Planning Application in an effort to progress amicably. Planning and Development Act 2005 and Town Planning Regulations 1967 Section 72 of the Planning and Development Act 2005 permits local authorities to draft planning schemes with reference to any land within its district, the process for which is outlined in the Regulations. Section 162 of the Act prohibits any person from commencing with development without first obtaining approval from the local authority where its planning scheme requires such approval. Section 164 of the Act states that development may be approved by a local authority under its scheme if the development has commenced. The direction to remove the tower was served pursuant to section 214(3) of the Planning and Development Act 2005 requiring BA to pull down the tower erected at 275 Robinson Street within 60 days. Town Planning Scheme No. 10 The Development Application is received in terms of Section 2.1 (Planning Approval Required) of the Shire of Carnarvon Town Planning Scheme No. 10 (TPS 10), read together with Part III (Reserved Land). Section 2.1 reads:

“2.1.1 Except as hereinafter provided, no development including a material change in the use of land or engineering works affecting the existing topography of land, shall be carried out on land within the Scheme Area without the prior consent of the Council. Such consent is hereinafter referred to as “a Planning Approval” and is required in addition to a building licence.”

Sections 3.1 and 3.2 of Part III reads (Shire emphasis):

“3.1 Parts of the Scheme Area are included in reserves as set out hereunder: o Parks and Recreation Reserves, o Public Purpose Reserves, o Communication Reserves.

3.2 (a) Land set aside under this Scheme for the purpose of a reservation is deemed to be reserved for the purpose indicated on the Scheme Map.

(b) Except as otherwise provided in this Part, a person shall not carry out any development on land reserved under this Scheme, including the erection of a boundary fence, without firstly applying for and obtaining from the Council a planning approval pursuant to Part 2 hereof.

c) In granting its Planning approval, the Council shall have regard to the ultimate purposes intended for the reserve and shall in the case of land reserved for the purpose of a Public Authority confer with that Authority before giving its approval.”

The application therefore needs to be assessed under Clause 3.2(c) which requires Council to “have regard to the ultimate purposes intended for the reserve”. The property is reserved for Public Purposes under TPS 10 as shown in Figure 2 below. “Public Purposes” is not defined in TPS 10, but is generally understood to have the meaning prescribed to it in Webster’s New World Law Dictionary 2010:

“A governmental action or direction that purports to benefit the populace as a whole.”

Relevant Plans and Policy: State Planning Policy 5.2 State Planning Policy 5.2 - Telecommunications Infrastructure is the state wide policy. This Statement of Planning Policy recognises the importance of telecommunications services in Western Australia and provides a framework for the preparation, assessment and determination of applications for planning approval within the context of the planning system of Western Australia.

Figure 2 – Extract from TPS 10 The policy states that Telecommunications Infrastructure should be sited and designed in accordance with the Guidelines for the Location, Siting and Design of Telecommunications Infrastructure. These guidelines are:

There should be a coordinated approach to the planning and development of telecommunications infrastructure, although changes in the location and demand for services require a flexible approach.

Telecommunications infrastructure should be strategically planned and coordinated, similar to planning for other essential infrastructure such as transport networks and energy supply.

Telecommunications facilities should be located and designed to meet the communication needs of the community.

Telecommunications facilities should be designed and sited to minimise any potential adverse visual impact on the character and amenity of the local environment, in particular, impacts on prominent landscape features, general views in the locality and individual significant views.

Telecommunications facilities should be designed and sited to minimise adverse impacts on areas of natural conservation value and places of heritage significance or where declared rare flora are located.

Telecommunications facilities should be designed and sited with specific consideration of water catchment protection requirements and the need to minimise land degradation.

Telecommunications facilities should be designed and sited to minimise adverse impacts on the visual character and amenity of residential areas.

Telecommunications cables should be placed underground, unless it is impractical to do so and there would be no significant effect on visual amenity or, in the case of regional areas, it can be demonstrated that there are long-term benefits to the community that outweigh the visual impact.

Telecommunications cables that are installed overhead with other infrastructure such as electricity cables should be removed and placed underground when it can be demonstrated and agreed by the carrier that it is technically feasible and practical to do so.

Unless it is impractical to do so telecommunications towers should be located within commercial, business, industrial and rural areas and areas outside identified conservation areas.

Lot 674

Lot 834

The design and siting of telecommunications towers and ancillary facilities should be integrated with existing buildings and structures, unless it is impractical to do so, in which case they should be sited and designed so as to minimise any adverse impact on the amenity of the surrounding area.

Co-location of telecommunications facilities should generally be sought, unless such an arrangement would detract from local amenities or where operation of the facilities would be significantly compromised as a result.

Measures such as surface mounting, concealment, colour coordination, camouflage and landscaping to screen at least the base of towers and ancillary structures, and to draw attention away from the tower, should be used, where appropriate, to minimise the visual impact of telecommunications facilities.

Design and operation of a telecommunications facility should accord with the licensing requirements of the Australian Communications Authority, with physical isolation and control of public access to emission hazard zones and use of minimum power levels consistent with quality services.

Construction of a telecommunications facility (including access to a facility) should be undertaken so as to minimise adverse effects on the natural environment and the amenity of users or occupiers of adjacent property, and ensure compliance with relevant health and safety standards.

Policy Statement No. 4 - Airport approaches This Policy applies because the site is located very near to the Obstacle Limitation Surfaces (OLS) buffers of the existing main runway. The objective of this Scheme Policy is to maximise compatibility between the development of those affected part of the Scheme Area and the continued use of Carnarvon Airport. The policy statement reads:

“(a) With respect to the East-West and North-South runways, Council will examine any proposals for development on the basis of its susceptibility to amenity loss from light aircraft movements. In general, such impact is regarded as being of minor consequence only, and will not normally interfere with proposals.

(b) With respect to the South West-North East Runway used by jet aircraft, Council will: (i) limit the height of any new development to accord with Department of Transport

specifications. (ii) examine each proposal to determine whether or not any development or land use will

interfere or adversely affect communications and aviation equipment. (iii) In the case of the North Eastern Flight Path, generally oppose any residential development

unless very exceptional circumstances can be proved to exist justifying a departure from this policy.

(iv) in the case of the South West Flight Path, examine each proposal for new residential development with the impact of the Flight Path in mind and seek to secure forms of development which will minimise amenity loss from aircraft movements.”

Financial Implications: The Shire paid $4587.35 in legal fees to its solicitors in the run-up to this application as BA disputed the need for any Planning or Building approvals and at first refused to make application. Staff sought legal advice after an initial impasse was reached between staff and BA representatives. This led to the issue of an infringement notice requesting to take the tower down, which in turn led to BA negotiating with Shire staff and agreeing to make the required application. When the application was lodged, BA was requested to pay the regular application fee plus, by way of penalty, twice that fee because the application was for a development already carried out (Section 2 of the Shire of Carnarvon Schedule of Planning fees). The total fee amounted to $2832.33. Should Council determine to refuse the application, BA has verbally advised that it will seek to take the matter to the State Administrative Tribunal (SAT) for determination. Should this occur, the Shire will be subject to further legal and planning costs.

Risk Assessment: All the risks identified are addressed in the Comment section below, as part of the justification for the development. Community & Strategic Objectives: The development could satisfy the following objectives of the Carnarvon Strategic Community Plan 2011 as shown below: OBJECTIVE 1: A Developing regional economic base and increased employment supported by strong business enterprises and a growing population

Outcome 1.3 Improved Shire infrastructure

1.3.1 Advocate for the timely provision of enhanced infrastructure and utilities to facilitate economic growth. e.g., water, power, sewerage, boat launching facilities, air transport infrastructure and telecommunications.

Comment: Site description Lot 674 is owned by Broadcast Australia and is used to provide radio broadcast services for the Australian Broadcasting Corporation, together with the development on adjacent lots 673 and 853. These existing developments comprise: • 1 x 40m guyed mast with 11 guy ropes and anchor points (located on Lot 853) • 1 x Antenna Coupling Unit Hut containing a sub-distribution board and antenna tuning coil (located

on Lot 853) • An underground earth mat consisting of 120 radials extending from the earth ring at the base of

the mast on Lot 853 up to 125m at 3 degree intervals. The earth mat is represented by the green lines on the plan attached at Schedule 8.3.6(i).

• 1 x transmission building (located on Lot 673) • 1 x generator building (located on Lot 674) • 1 x 4.6m satellite receiver dish (located on Lot 674) • Associated cabling and power supply infrastructure Schedule 8.3.6(i) shows the site plan depicting the facilities described above. The portion of the site subject to this application is located at on Lot 674 and is situated near the corner of Lewer Road. Surrounding area The site is immediately surrounded by roads (Lewer Road and Robinson Street), vacant land and a small number of residential properties. The broader area surrounding the site comprises a mix of uses including recreational open space and vacant land with a line of detached residential dwellings running north east along the northern side of Robinson Street. The development The application relates to a 45m high triangular steel lattice tower (existing) Figure 3 below shows the tower as it appears now:

Figure 3 – Broadcast Australia 45m high steel lattice telecommunications tower

The tower has been placed to be halfway between the two closest residential properties. The tower will support the Optus mobile telecommunications facilities which comprise: • 4 x panel antennas to be installed at the top of the tower • 10 x remote radio units (RRUs) to be installed vertically stacked on mounts at the top of the tower • Ancillary feeders to be located in cable brackets on the tower

Optus will also install 1 x equipment shelter adjacent to the tower to the South East of the tower. The equipment shelter will be coloured ‘paperbark’, made of sandwich panel material and will be 3m x 2.5m and be supported on a raft slab. The new facilities will allow Optus to improve the capacity and performance of the site and allow the provision of 4G services. Site selection and justification Optus are moving from their existing site at ‘Metbureau Road’ at the Airport site. The new site needed to be in close proximity to the existing site to provide the improved capabilities that Optus are seeking to deploy. The alternative location of BA’s Brown Range facility was discounted because it was too far from the existing facilities. In addressing the retrospective Planning Application, the following matters are addressed::

Avoiding physical interference with the existing facilities

Minimising radio interference with the existing services

Optus’ radio planning objectives

Town Planning Scheme No. 10 provisions

Ground conditions

Availability of an electrical connection

1) Avoiding physical interference with existing facilities The existing broadcast communications facilities are described under “Site Description” above. As noted there the substantive broadcast facilities comprise a tower and an earth mat around the tower. The earth mat is an integral part of the broadcast system and it is not possible to build additional infrastructure on top of the earth mat without affecting the performance of the existing AM radio services. BA has advised that the ‘earthmat’ sterilises a significant portion of the site from installation of additional infrastructure.

2) Avoiding radio interference with existing services Analysis by the radio planning team indicates that additional infrastructure like the tower must not be located within close proximity of the existing mast in order to minimise disruption and interference with the AM radio services. The recommended separation between the existing mast and any additional structures is 177m. The maximum recommended height for any new structure is 55m. The 177m exclusion zone around the existing mast was modelled on the site plan to assist with the site selection and design process. The interference exclusion zone is shown in Schedule 8.3.6(ii). The interference exclusion zone leaves 3 small pockets of the broader site as being potentially suitable for the installation of a tower. These are: o Option 1 - a portion of lots 673 and 674 at the south-east section of the property, o Option 2 - a portion of lot 853 at the very northern boundary of the property, and o Option 3 - a portion of lot 853 at the very western boundary of the property.

Option 2 was not considered suitable because it is not a large enough area in which to situate the tower and other facilities. Options 1 and 3 remained possibilities for further consideration. Option 3 is a small portion but was considered large enough for further consideration.

3) Optus radio planning objectives Optus’ radio planning objectives are the localities of Carnarvon and East Carnarvon, the Airport as well as the highways north and south of the town. Optus are planning to achieve these objectives with the installation of 4 panel antennas or sectors.

o Sector 1 points close to north with a bearing of 335 degrees and is designed to cover the highway to the north.

o Sector 2 points towards East Carnarvon with a bearing of 65 degrees. o Sector 3 is designed to cover the highway to the south. o Sector 4 points towards Carnarvon and the airport with a bearing of 230 degrees.

Situating the tower at the western portion of the property (Option 3) would place the existing tower between the new tower and the band of two of Optus’ key sectors being Sector 2 to the east and sector 3 to the south. This is not an ideal solution and would increase the likelihood of interference and reduce the service level.

4) Town Planning Scheme No. 10 provisions

The provisions of the scheme were considered as part of the site design process. The BA broader site (all three lots combined) has been split into two zones. This can be seen in Figure 2 above. The larger northern Lot 853 has been zoned as ‘Residential Development’ reflecting Council’s desire for this area to be developed for future residential uses. The two smaller Lots 673 and 674 fronting Robinson Street have been reserved for ‘Public Purposes’ to support what can be assumed to be the continuing use and expansion of communications uses, however the reserve is not specifically denoted for that purpose under the scheme (albeit a ‘Telecom’ denotation is available under the Scheme). The tower within Lot 674 could therefore be considered in keeping with with the objectives and provisions of the Scheme and is adjudged to be consistent with the ultimate purposes intended for the reserve.

5) Ground conditions

The water table in the general area is high. The geotechnical report for the development site (Option 1) showed that the water table was between 1 and 1.5m below ground level at that point. Because the ground levels at Options 2 and 3 are 2m lower than at Option 1, the water table would be expected to be closer to the surface at those locations. The shallower water table would result in reduced resistance and a more complicated and expensive foundation solution. The tower designer recommended against options 2 and 3 for these reasons.

6) Availability of an electrical connection

The availability of an electrical connection is a key consideration when determining locations for communications facilities. The cost of an electrical connection is often substantial and can impact on the feasibility of site development. The existing point of supply at the site is near the Robinson Street and Lewer Road corner. The additional supply required to run the proposed facilities will already require an upgrade to the existing supply. Connection to another section within the property, such as Options 2 and 3 would likely require a substantially larger upgrade and be considerably more expensive (which is not a ‘planning consideration’). After reviewing and weighing up the various physical, technical, regulatory and economic considerations Option 1 was determined to be the only viable location for the tower. Option 2 was not considered suitable because it is not a large enough area in which to situate the tower and other facilities. Option 3 was deemed not to be suitable because it would result in placement of the existing tower between the new tower and the band of two of Optus’ key sectors being Sector 2 to the east and sector 3 to the south. This is not an ideal solution and would increase the likelihood of interference and reduce the service level. Furthermore, it was not considered consistent with the ‘Residential Development’ zoning and could limit future use of the site for the preferred zoning of the site. Options 2 and 3 would also likely have required a substantially larger upgrade to the power supply and be considerably more expensive. Option 1 was preferred because it meets all relevant criteria and is consistent with the zoning provisions of the subject site and broader Broadcast Australia property.

7) WAPC Statement of Planning Policy 5.2 As stated above under “Relevant Plans and Policy”, WAPC Statement of Planning Policy 5.2 provides a framework for the preparation, assessment and determination of applications for planning approval and facilities should be sited and designed in accordance with the Guidelines for the Location, Siting and Design of Telecommunications Infrastructure. The guiding principles contained in Section 4 of the Guidelines are addressed below:

• There should be a coordinated approach to the planning and development of telecommunications

infrastructure, although changes in the location and demand for services require a flexible approach. Response: The Shire does not have an overall strategic and coordinated framework for

development of communications facilities. The development represents an example of a change in location where a flexible approach is needed.

• Telecommunications infrastructure should be strategically planned and coordinated, similar to

planning for other essential infrastructure such as transport networks and energy supply.

Response: The Shire does not have an overall strategic and coordinated framework for development of communications facilities. A Local Planning Strategy and subsequent Local Planning Scheme is in the process of being prepared, which may address future development of communications facilities.

• Telecommunications facilities should be located and designed to meet the communication needs of

the community.

Response: The facility has been designed and located to meet the communications needs of the community as determined by BA and Optus.

• Telecommunications facilities should be designed and sited to minimise any potential adverse

visual impact on the character and amenity of the local environment, in particular, impacts on prominent landscape features, general views in the locality and individual significant views.

Response: Visual impact is a commonly raised issue with respect to communications

infrastructure development, because these facilities most often require the installation of tall structures in order to provide adequate clearance above buildings and trees and to function effectively. It is not always possible to locate such facilities in a discreet fashion on a building or in locations of minimal visual impact. Communications structures are likely to protrude above existing buildings and vegetation and hence are readily seen in the landscape, particularly when viewed from closer distances. Consideration of visual impacts requires balancing the need for the facility and the benefits that will be provided to the broader community against impact on the locality, after considering any factors that minimise the impact. An objective visual impacts assessment should have regard to the visual character, qualities and the physical setting of the development. Where visual character and setting is of good quality or high visual significance, for example, due to its attractive visual qualities or uniqueness, then the visual impacts of a development is of particular importance. The visual impacts of a proposal on a particular locality or setting will depend primarily on the visual qualities and extent of visibility of the proposed development, including bulk, scale, height, form, colour, finish etc.

Light and electricity poles are not generally positive visual elements in the landscape but are such an integral part of the environment of our cities and towns that they become absorbed into our visual experience to the extent that they are generally not noticed or seen as remarkable. Communications facilities are similarly becoming a more accepted part of our urban environments. However, proposed development should not significantly obstruct or detract from high quality views such as to water bodies, natural and man-made features or landmarks, and natural landscapes.

This development is located within an existing communications ‘site’ or area in a mixed use area. The broader area surrounding the site comprises a mix of uses including recreational open space, passive open space and vacant land with a line of detached residential dwellings running north east along the northern side of Robinson Street. Robinson Street itself hosts electrical poles and wires and light poles as well as rows of palm trees.

On a wider scale the site is situated within a transitional area between the localities of Carnarvon and East Carnarvon. In comparison with other areas within the broader Carnarvon, such as the Fascine area and the main residential areas of Carnarvon and East Carnarvon, the site is considered to be of low to medium visual quality. Given the current use of the site itself and the adjacent properties owned by BA and reasonable expectations that such a site, being reserved for public purposes, would be subject to further development, the mixed nature of the uses surrounding the site and the broader transitional context between the two main areas of Carnarvon and East Carnarvon, it is considered to be a suitable location for the development.

The communications tower is by definition a tall structure. The structure will be most noticeable from the area immediately surrounding the intersection of Robinson Street and Lewer Road. The perceptibility of the development reduces with distance from the intersection. The impact will be most keenly felt by the residential properties adjacent to the development and along the strip of Robinson Street to the west and east of the development. The tower has been placed to be halfway between the two closest residential properties so that it does not sit up against the boundary of the property neighbouring the BA property to the west.

The houses on either side of the Broadcast Australia property have their living areas and primary outlook to the north away from the development. Each property appears to have only one window facing the Broadcast Australia site. The tower will be most visible when residents are in their yards or entering and exiting their properties. Existing trees and vegetation in each property will partially obscure the view of the tower acting to soften its impact. The residential properties in the strip along Robinson Street to the west and east of the development similarly appear to have their living areas and primary outlooks towards the north of their properties looking towards the existing BA mast or the sports fields off Lewer Road respectively. The form of the structure is that of a lattice tower. The spacing between the elements of the tower creates a degree of transparency and reduced bulk. The decision to use a lattice tower as opposed to a solid monopole was made to reduce the apparent bulk of the development. A monopole, which would have been be the alternative structure type, would appear as a solid structure with no visible transparency and would have been considerably more noticeable in the immediate and broader surrounding areas.

The structure will is visible from the residential area fronting Gascoyne Road north-west of the sports fields. The development appears above the tree line along with the existing Broadcast Australia mast and the light poles in the sports fields.

From the various vantage points along Robinson Street, the development appears as an additional element protruding into the skyline, as Figure 4 below clearly shows:

Figure 4 – Tower visible along Robinson Street

The following factors are considered to mitigate the impact of the facility:

o The existing communications infrastructure in the immediate area; o The existing light and power poles situated to the east and west of the site along

Robinson Street; o Buildings sporadically situated to the east and west of the site along Robinson

Street; o The existing flood lighting columns situated at the show grounds and sports

fields to the north west of the site; o The lattice nature of the structure providing an element of transparency; and o Trees and low level vegetation to the east and west of the site along Robinson

Street. In each instance, the existing structures, buildings and vegetation either partially obscure the development or act to draw the eye away from the development and minimise its intrusion into the landscape. BA indicated that it is also willing to develop an appropriate landscape plan with Council to minimise the impact of the development in its immediate surrounds and on views along Robinson Street. Therefore, in conclusion, communications structures, being as they are a form of infrastructure, do not necessarily make a contribution to the visual qualities of the localities in the same way, but they are however common elements in urban settings in the same way that light poles and above ground electricity networks are.

The development does however, and unavoidably, have localised visual impacts near the intersection between Robinson Street and Lewer Road. This localised impact is reduced by the positioning of the development in respect to the orientation of the residential properties, the presence of the existing mast and the existing trees and low level vegetation. The visual impacts of the development in this context will be mitigated by the implementation of a landscape plan that incorporates planting of trees and other low level vegetation. The impact on the immediate area surrounding the tower is acceptable.

• Telecommunications facilities should be designed and sited to minimise adverse impacts on areas

of natural conservation value and places of heritage significance or where declared rare flora are located. Response: There will be no impact on areas of natural conservation value including declared

rare flora or places of heritage significance. • Telecommunications facilities should be designed and sited with specific consideration of water

catchment protection requirements and the need to minimise land degradation. Response: The development will have no impact on water catchment requirements and will

not result in land degradation. • Telecommunications facilities should be designed and sited to minimise adverse impacts on the

visual character and amenity of residential areas. Response: The area around the site is a mixed use area with some residential properties

present. The facility will not have a significant adverse impact on these residential properties. An assessment of the visual impact was provided above.

• Telecommunications cables should be placed underground, unless it is impractical to do so and

there would be no significant effect on visual amenity or, in the case of regional areas, it can be demonstrated that there are long-term benefits to the community that outweigh the visual impact. Response: The fibre cable that will connect the Optus facilities will be installed underground.

• Telecommunications cables that are installed overhead with other infrastructure such as electricity

cables should be removed and placed underground when it can be demonstrated and agreed by the carrier that it is technically feasible and practical to do so. Response: The fibre cable that will connect the Optus facilities will be installed underground.

• Unless it is impractical to do so telecommunications towers should be located within commercial,

business, industrial and rural areas and areas outside identified conservation areas.

Response: The development is located within a Reserve for Public Purposes that has been used for broadcast and communications purposes for a considerable period of time. This is an appropriate area for such uses. It is located outside any identified conservation areas.

• The design and siting of telecommunications towers and ancillary facilities should be integrated

with existing buildings and structures, unless it is impractical to do so, in which case they should be sited and designed so as to minimise any adverse impact on the amenity of the surrounding area.

Response: The development has been incorporated into an existing broadcast and communications area. Because of the nature of the existing facilities it is not possible to install the new Optus antennas on the existing tower.

• Co-location of telecommunications facilities should generally be sought, unless such an

arrangement would detract from local amenities or where operation of the facilities would be significantly compromised as a result.

Response: The development has been incorporated into an existing broadcast and

communications site. Because of the nature of the existing facilities it is not possible to install the new Optus antennas on the existing tower.

• Measures such as surface mounting, concealment, colour coordination, camouflage and

landscaping to screen at least the base of towers and ancillary structures, and to draw attention away from the tower, should be used, where appropriate, to minimise the visual impact of telecommunications facilities.

Response: A landscape plan involving strategic planting of is to be developed in consultation

with Council to minimise the visual impact of the development on the surrounding area.

• Design and operation of a telecommunications facility should accord with the licensing

requirements of the Australian Communications Authority, with physical isolation and control of public access to emission hazard zones and use of minimum power levels consistent with quality services.

Response: The facility has been designed to meet the relevant Australian Communications

and Media Authority design requirements. The development is isolated from public access and emission hazard zones will not be accessible by members of the public.

• Construction of a telecommunications facility (including access to a facility) should be undertaken

so as to minimise adverse effects on the natural environment and the amenity of users or occupiers of adjacent property, and ensure compliance with relevant health and safety standards.

Response: The development and use by Optus will not have adverse impacts on the natural

environment or users or occupiers of adjacent property. The facilities operated from the development will be managed in accordance with the relevant health and safety standards.

Section 5 of the Guidelines describes Design Guidelines pertaining to Location, Integration and Design. The ‘Location’ section specifically deals with visual impact issues and notes that facilities “should generally not be situated within residential areas or in areas of particular environmental significance such as foreshores and bush forever sites”. The development is located within a site reserved for Public Purposes and although there are some residential properties fronting Robinson Street, the surrounding area is a mixed use area comprising a range of different uses. The facility will not have a significant adverse impact on the residential properties is not in the primary sightlines of these and the other residential properties along Robinson Street. Scheme Policy Statement No. 4 – Airport approaches As stated above under “Relevant Plans and Policy”, the objective of this policy is to maximise compatibility between the development of those affected part of the Scheme Area and the continued use of Carnarvon Airport. The tower is very near the flight paths for the Carnarvon Airport. BA together with the Shire of Carnarvon approached Aerodrome Management Services (AMS) to perform an obstacle assessment in relation to the development.

The development was deemed to be an ‘obstacle’ for aircraft operations at the aerodrome. Subsequently the Civil Aviation Safety Authority (CASA) issued an approval to construct the tower within the Obstacle Limitation Surface (OLS) and Airservices Australia assessed that there was no effect to any of their procedures or facilities at the aerodrome. CASA also made recommendations that the development be lit and marked in accordance with the Manual of Standards. The AMS report noted that with respect to aerodrome requirements there was nothing to restrict construction of the tower aside from the Shire of Carnarvon’s own requirements and a suitable risk assessment. BA considered the AMS report and risks associated with the development and determined that lighting and marking the tower was not warranted. The Shire of Carnarvon however has expressed the view that the development should be lit and marked as recommended by CASA and that the conditions of consent, if the development is approved, will reflect Council’s preferred position in this regard. BA has notified the Royal Australian Air Force (RAAF) Aeronautical Information Service (AIS) that the development can be included in the database of tall structures. Indigenous heritage BA has conducted a search of the Register of Aboriginal sites and heritage places and the search confirmed that there are no registered items present at the site. Non-indigenous heritage The site is not listed as a heritage item on any relevant registers. Erosion, sediment control and waste management The nature and scale of earthworks associated with the development are limited to the immediate site area and excavation for the footings only. Potential impacts related to the erosion of soil from the site compound were addressed and mitigated with the following soil and water management measures:

Diverting clean water away from the construction areas as necessary; • Keeping ground disturbing activities to a minimum; • Implementing appropriate sediment control measures as required, such as the installation of silt /

sediment fences and/or sediment traps as necessary; • Stabilisation of the site compound area; and • Works not occurring during periods of heavy rain. The site is not known to be affected by contamination. No signs of contamination have been identified during inspections or during the course of works at the site. Flora and fauna The development will not have any impact on any identified significant local flora or fauna as the site is located on land that has previously been cleared for the existing use. The site area is not known to host any identified rare, endangered or threatened species of flora or fauna. Social and economic impacts Access to high quality mobile telephony and mobile broadband services are a necessary component of modern society. Initially, small to medium size business customers accounted for a significant part of the demand for improved mobile telephony and mobile broadband technologies. Increasingly, growth in demand has been matched and superseded by the desire for consumer based mobile broadband services. The development will provide for enhanced mobile broadband coverage to the locality of Carnarvon. This will be of benefit to all Optus customers and provide more competition in the area for customers currently with other providers. Not approving the development would result in the status quo with Optus facilities and services – which is no enhancement or improvement.

Public safety Communications facilities emit electromagnetic energy (EME). It is mandatory that network operators in Australia comply with current and future Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) standards. The current mandated standard is the Radio Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300 GHz (RPS 3 2002). The standard maintains a significant safety margin to prevent adverse health effects. The maximum cumulative radio frequency (RF) EME levels at ground level emitted from the proposed Optus base station is estimated for 360 degree circular bands at 0-50, 50-100, 100-200, 200-300 and 400-600 metres from the facilities. The maximum cumulative RF EME level at 1.5m is estimated to be 0.22% of the allowable limit. The EME predictions are based on the facility operating at maximum power. In practice the facility will typically operate well below maximum power and are therefore likely to produce less RF EME than predicted. Despite the safety margins built into the standard and the fact that the facilities will operate significantly below the allowable limits, it is acknowledged that some people are genuinely concerned about the possible health effects of EME. The World Health Organisation’s current advice is:

“… exposure to the radiofrequency (RF) fields emitted by mobile phones is generally more than a 1000 times higher than from base stations. Studies to date provide no indication that environmental exposure to RF fields, such as from base stations, increases the risk of cancer or any other disease.”

Source: Australia Mobile Telecommunications Association Website, published 12 September 2014

The public interest and benefits of telecommunications The Western Australian State Planning Strategy 2050 notes that improved telecommunications will be important for the State to be connected, both across its vast distances and outward to its trading partners and further that through telecommunications, the State’s people, resources and information will be linked in ways that reduce the barriers of location and time in a highly efficient manner. The development is considered to be consistent with these goals and will assist in meeting them by: o Allowing for provision of improved Optus mobile coverage, capacity and services; o Meeting the need for the community’s demand for quality and reliable mobile phone services; o Providing infrastructure to meet the community’s social, business and educational needs; o Improving the reliability of incoming and outgoing mobile services for those who require these services

in the event of an emergency; and o Facilitating greater competition in the telecommunications market, resulting in competitive prices,

economic efficiency and increased consumer choice. Conclusion The development will provide the infrastructure requirements for installation of Optus’ mobile telecommunications equipment and service provision and allows for future use by other service providers. The development is an important addition to the communications infrastructure and service provision within Carnarvon. After reviewing and weighing up the various physical, technical, regulatory and economic considerations the development location was determined to be an acceptable location for the tower. The development is consistent with the Scheme and is consistent with other relevant regulatory instruments. Although the development is visible the impacts are not considered to be significant given the context of the site and the varied nature of the surrounding uses. Accordingly, the visual impact is considered to be acceptable when considering the existing mitigating factors and the proposed landscaping plan which will further mitigate the impact of the development. It is recommended that the development be retrospectively and conditionally approved.

However, it is acknowledged that Council may have a different view with respect to the visual impact of the tower as it currently exists or with the necessary red/white painting that would enable it to comply with the necessary air safety requirements of the Airport. Accordingly, should Council determine not to approve the Application, an alternate position is provided. OFFICER’S RECOMMENDATION That Council resolve to:

(1) Note and Withdraw the Infringement Notice pursuant to Section 214(3) of the Planning and Development Act 2005 served on Broadcast Australia Pty Ltd with regard to the broadcast tower on Lot 674 (HN 275) on Plan 206432 Robinson Street East Carnarvon on 27 June 2014 requesting the tower to be pulled down.

(2) Retrospectively APPROVE the construction of the broadcast tower on Lot 674 (HN 275) on Plan

206432 Robinson Street East Carnarvon subject to the following conditions:

(a) The approved broadcast tower shall accord with the attached approved plan(s) dated 23 September 2014 and shall be subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the CEO.

(b) The broadcast tower shall be lit and marked to the satisfaction of the CEO according to the recommendations of the Civil Aviation Safety Authority (CASA).

(c) The applicant shall submit a landscape plan with the intent to mitigate the visual impact of the broadcast tower to the satisfaction of the CEO. The plan shall include:

the location and species of all trees to be planted;

the location and type of fencing to be installed;

the reticulation to be installed;

the location and type of paving to be installed; and

a plant schedule nominating each species, the numbers of plants/trees required and the size of each plant/tree to be used at the time of planting. The Plan should identify and include any adjoining road verges.

(d) The applicant shall provide the Shire with the following:

(i) A letter indemnifying the Shire of Carnarvon from any liability directly and/or indirectly associated with the tower;

(ii) Documentary evidence that the approved tower is insured and will remain insured at all times.

(3) The applicant shall be responsible for all maintenance and repair or removal of the broadcast

tower. Advice a. This approval does not confer approval under other relevant legislation, including but not limited

to, the Building Act 2011. It is the responsibility of the applicant to determine and obtain any necessary approvals required prior to the commencement of the use.

ALTERNATIVE RECOMMENDATION (should Council seek to refuse the application) That Council resolve to:

(1) Note the Infringement Notice pursuant to Section 214(3) of the Planning and Development Act 2005 served on Broadcast Australia Pty Ltd with regard to the broadcast tower on Lot 674 (HN 275) on Plan 206432 Robinson Street East Carnarvon on 27 June 2014 requesting the tower to be pulled down.

(2) Inform Broadcast Australia Pty Ltd that it stands by the infringement notice as served and is prepared to proceed taking action in that regard.

(3) REFUSE the retrospective planning approval for a broadcast tower on Lot 674 (HN 275) on Plan 206432 Robinson Street East Carnarvon on the following grounds: (a) The tower presents an excessively high undesirable visual impact on the amenity of the area; (b) The tower is located in an inappropriate location which affects public safety and the

operation of the airport; and (c) Alternative locations for the tower is available that would provide more suitable

environments for the tower.

Schedule 8.3.6(i) Drawings

Schedule 8.3.6(ii) 177m Interference Exclusion Zone

177m Interference Exclusion Zone Option 1

Option 2

Option 3

EXIS

TIN

G

EXIS

TIN

G

8.3.7 DEVELOPMENT APPLICATION FOR EIGHT (8) ONE-BEDROOM GROUPED DWELLINGS AT LOTS 118 AND 119 ON DP300712 (HN 20) FRANCIS ST CARNARVON

File No: A11; P42/14 Date of Meeting: 23 September 2014 Location/Address: Lots 118 & 119 on DP300712 (HN 20) Cnr Francis Street and Johnston

Street, Carnarvon Name of Applicant: Daly and Shaw Building Pty Ltd Name of Owner: Kevin Leahy Author: Robert Pringle – Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: An application for Planning Approval to develop eight (8) one-bedroom residential dwellings at Lot 118 & 119 Cnr Francis Street and Johnston Street, Carnarvon has been received. All eight units are proposed to have a single bedroom, one bathroom, and a single studio on an upper level. Upon assessment of this proposal, the officer recommendation is to support the proposed development of eight (8) one-bedroom residential units subject to a number of conditions. The location of the proposed subdivision is illustrated in Figure 1 below.

Figure 1 – Local Context of Subject Land

Background: Lot 119 and Lot 118 were originally one lot, later being subdivided with Lot 119 utilised by Carnarvon Club. Over many years the building fell into disuse and disrepair, attracting unsociable activity and proving to be a hazard to public safety with broken windows and asbestos sheeting. As such, the building previously recognised in the municipal heritage inventory was demolished in early 2012. Figure 2 (next page) provides an understanding of previous development on Lot 119 Francis Street.

Figure 2 – Previous development on Lot 119 Francis Street

Figure 3 demonstrates how Lot 118 and Lot 119 have been approved to be amalgamated, subject to conditions, in order to create Lot 120 of 1619m2. The amalgamation will provide sufficient land for the intended development of 8 residential units, each with a frontage to Johnston Street. A previous application for development was lodged with the Shire of Carnarvon and was due to be considered in September 2012. The application was withdrawn by the owner.

Figure 3 – Plan of amalgamation for Lot 120

Description of Proposal: The application proposes the development of eight (8) two-storey dwellings at Lot 120 (HN 20) Francis Street, Carnarvon. Each of the 8 dwellings will have a site area of 152.33m2 (Units 1-7) to 153.80m2 (Unit 8). There is also a 399m2 internal one-way driveway access. The layout and proposed site areas are presented in Figure 4 (next page; modified for indicative use only).

Figure 4 – site areas and accessway

All of the proposed dwellings have one bedroom, one bathroom (on the main floor), and a studio on the upper floor. The layouts are generally the same, with the exception of Units 1 and 8 due to site constraints. Figure 5 below depicts the typical dwelling layout.

Figure 5 – Typical Ground Floor and Upper Floor Plans

As depicted in Schedule 8.3.7(i), although each dwelling has access through the rear access way and carport, they are designed to promote visually appealing street frontages and surveillance to Johnston Street. Fences proposed are low and permeable with landscaping to the front of dwellings along Johnston Street and around the common property. The rear access way and carports reduces the number of total crossovers required for the site and encourages street-facing outdoor living. Variations to the Residential Design Codes of Western Australia requested:

- Half of the proposed Outdoor Living Area to be provided within the street setback - An extra 3% of the required Outdoor living Area to be permanently covered - Visitors’ car parking offsite - One-way common property driveway - Balcony overlooking

Consultation: Consultation has been undertaken with:

- Shire of Carnarvon internal staff: Planning Services, Building Services, Environmental Health, Infrastructure.

No statutory community consultation is required. Statutory Environment: Shire of Carnarvon Town Planning Scheme (TPS) No.10 Lots 119 and 118 are zoned ‘Residential’ with an applied density of ‘R50’ in accordance with the TPS No.10 zoning map. Within this zoning and as listed in Table 1 of the Town Planning Scheme a ‘Grouped Dwelling’ development is listed as an ‘AA’ (discretionary) use of Council, with clause 6.1 requiring conformity to the standards prescribed by the Residential Design Codes (R Codes) of Western Australia. Relevant Plans and Policy: State Planning Policy 3.1 – Residential Design Codes of Western Australia Part 5 of the R-Codes outlines the design elements for single dwellings and grouped dwelling in areas zoned R50. The conformity to the R-Codes ensures that development occurs with due regard to the existing development context, locality and impact on residents. Special provisions are considered for single bedroom dwellings under 5.1.1 C1.4.i. and 5.5.3. Liveable Neighbourhoods With the development facing the street and having outdoor living areas to the frontage, it meets the Liveable Neighbourhoods’ community design objectives. The proposal additionally provides for increased density in the neighbourhood and provides for a diversity of housing types. The proposal assists the neighbourhood in reaching the density objectives, which outline a suggestion of 30 to 40 dwellings per hectare for areas within 400m of town centres. Council Policy Statement No. 6 – Promotion of Development Fronting the Fascine This policy is designed to promote development that is of a style and form that is sympathetic to the existing character of the Fascine area. Generally, the policy is designed to promote development that is similar to the North West style, as defined by verandahs, lattice work, and decoration that emphasises light and shade. There are a number of variations from the proposal to the policy, however the proposal does meet certain characteristics such as appropriate cladding and colouring choices. Front fences are above the 1m maximum, however this is to achieve privacy and amenity for the residents of the development and provides suitable benefit to neighbourhood character.

Financial Implications: Creation of the eight proposed dwellings, if approved, will generate additional rate revenue for the Shire. Risk Assessment: No risk has been determined for this application. Community & Strategic Objectives: The proposal has the potential to fulfill or achieve the following Shire goals and desired outcomes as expressed in the Carnarvon Strategic Community Plan 2011:

Outcome 1.2 Increased availability of serviced residential, commercial and industrial land.

1.2.3 Facilitate and / or participate in the development of Shire, State Government and private sector land holdings.

Comment: This development application seeks to utilise vacant available residential land, broadly taking into consideration the existing area’s characteristics and streetscape values. The proposal additionally meets several Liveable Neighbourhood objectives, being well serviced and providing housing options for residents in line with the Council’s strategic objectives. Though the proposal seeks a few variations to the Residential Design Codes’ ‘deemed-to-comply’ standards, in general, ‘Design principles’ are met, allowing for discretionary approval by Council. A summary of the R-Code assessment for the proposed dwellings is detailed below:

Design Elements R-Code Provisions Proposed Variation Sought

Site Area Minimum 106m2 (site area is reduced by one third for single bedroom dwellings)

152.3m2 Deemed-to-comply

Average 180m2 202.21m2 Deemed-to-comply

Primary Street Setback 2.0m 4.0m Deemed-to-comply

Secondary Street Setback 1.0m 1.0m Deemed-to-comply

Outcome 3.7 Housing and transport options that respond to our community’s needs.

3.7.1 Advocate for the development of appropriate housing options for youth and disadvantaged groups such as affordable or community-based housing.

Outcome 3.8 Improved community health, safety and well being.

3.8.3 Apply urban and environmental design principles to reduce crime and maximise personal safety.

Design Elements R-Code Provisions Proposed Variation Sought

Building on Boundary Walls may be built up to a lot boundary behind the street setback (1 m) within the following limits: where the wall abuts an existing or simultaneously constructed wall of similar or greater dimension

Wall between storage areas of Unit 1&2 will be a simultaneously constructed wall of similar dimension.

Deemed-to-comply

Open Space Min. Total 40% of site 56.9% Deemed-to-comply

Outdoor Living

Minimum Area ie 16 sq.m 37.8m2 Deemed-to-comply

Behind the street setback area ie 2m

Half the width of the outdoor living area is within the street setback area

Half of the area to be within street setback area.

Directly accessible from a habitable room of the dwelling

Door from living/dining area

Deemed-to comply

With a minimum length and width dimension of 4m

4m x 5.375m Deemed-to comply

To have at least two-thirds of the required area without permanent roof cover

36% of required area to be covered, 15% of provided area to be covered

3%

Car Parking Residential 1 per dwelling 1 per dwelling Deemed-to-comply

Visitors 1 per 4 dwellings Off-site Deficient by 2 spaces (the Applicant is seeking to have these spaces ‘off site’ and within the Francis Street road reserve.

Vehicular Access Minimum 4m, designed to allow vehicles to pass in opposite directions at one or more points

4m (3 m through gates) designated one way.

No passing points, one way traffic only.

Visual Privacy Balcony – 7.5m clearance 4.35m clearance Internal Overlooking

Retaining Walls Where a retaining wall less than 0.5m high is required on a lot boundary, it may be located up to the lot boundary or within 1m of the lot boundary to allow for an area assigned to landscaping

Retaining wall less than 0.5 m high on a lot boundary.

Deemed-to-comply

Single Bedroom Dwellings Maximum plot ratio area of 70m2; outdoor living area requirement reduced by one-third.

Plot ratio areas are 69.99m2 or below; outdoor living area exceeds requirements.

Deemed-to-comply

Site Area Table 1 of the R-Codes specifies a minimum site area of 160m2 and average of 180m2 under the ‘R50’ density. Special provisions of the R-Codes provide variations when the development is for aged or dependent person’ dwellings or a single bedroom dwelling. Design Principle 5.1.1 Site Area, C1.4.i. states: “for the purposes of … a single bedroom dwelling, the site area may be reduced by up to one third, in accordance with clauses… 5.5.3 which shall only be applied where development is proposed;”(State Planning Policy 3.1 Residential Design Codes 2013) Average site area calculations can include common property area, which means a variance is not required. With the common property area divided by the number of dwellings, requirements for average site area are easily exceeded. Outdoor Living Area Outdoor Living Areas have typically been provided to the rear of dwellings to promote privacy. As a result of the site constraints and plans for a rear accessway and carports, the Outdoor Living Area has been proposed for the front of each dwelling, such that the required minimum width must be within the street setback area. The minimum length will be exceeded by 1.375m, meaning the overall Outdoor Living Area is larger than required. The proposed Outdoor Living Area provides for neighbourhood security and character by generating activity spaces with views to the street. The proposal would reduce the amenity of the area for the future occupants, but is an opportunity for redefining the relationship between the street and the property. The location of the Outdoor Living Area maximises the amenity from the Northern exposure of the site. The maximum of 1/3 of the total required Outdoor Living Area to be covered permanently is exceeded by 3%. This is a minor variation, and is balanced by the minimum required area being exceeded by a factor of 2 over the whole site. Parking The R-Codes specify provisions for 1 car bay per one bedroom dwelling and one visitors’ car bay per 4 dwellings. Though the development application proposes one car bay per dwelling on site, nine offsite street parking bays are proposed along Johnston Street, with a minimum of two (2) of those being required for dedicated visitor parking for the units. It is open for Council to refuse the Application on the grounds that insufficient parking has been provided and the proposal is essentially an over development of the site. The Council can also investigate a cash-in-lieu agreement with the Shire of Carnarvon whereby the developer pays the equivalent cost of two parking spaces. However, it is concluded that Johnston Street is not a highly trafficked road and that the indented parking that currently exists allows Council to accept the parking arrangement as provided without the two (2) visitor spaces being provided within the development or as cash-in-lieu. Vehicle Access Although the R-Codes require provision of two way vehicular access or passing bays at intervals if a driveway serves 5 or more dwellings, given the location of the Lot and narrow width of the block, it is viewed that one way access from Johnston Street, exiting on Francis Street is appropriate. This avoids the construction of a wider crossover detracting from the streetscape, maintains sightlines and pedestrian safety. In providing a singular vehicle access route, the street-facing design of the entire Lot is improved, as well as street amenity, and preservation of vehicle parking areas on Johnston Street. Visual Privacy Overlooking of dwellings from the upper floor balconies generally require a 7.5m clearance from other dwellings, though in this case variations may be accepted as the overlooking only occurs within the Lot. Visual privacy should not prove to be an issue as potential owner/occupiers of dwellings will be aware of the balcony position.

Retaining Walls On inspection of the site, the neighbouring properties both have areas where there is a drop in grade. This will necessitate construction of retaining walls that were not indicated on the submitted plans. So long as the retaining wall does not exceed 0.5 m in height, the modified plans may be endorsed (subject to additional conditions, if any). Conclusion Notwithstanding the variations sought, it is recommended the Council support the application for the development of eight (8) residential dwellings subject to conditions being placed on the approval. OFFICER’S RECOMMENDATION That Council approve the development of eight (8) grouped single bedroom residential dwellings at Lot 118 & 119 Cnr Francis Street and Johnston Street, Carnarvon subject to the following conditions:

Conditions

1. All development is to be in accordance with the approved Development Plan dated 23 September 2014 (Schedule 8.3.7 (i)), including any amendments placed thereon by the Shire of Carnarvon and except as may be modified by the following conditions or with the prior written approval of the Shire of Carnarvon.

2. Plans shall be modified to:

i) demonstrate the location of screened clothes drying facilities, and prior to occupation of the development, such clothes drying facilities are to be established;

ii) provide the location of a screened bin storage area, and prior to the occupation of the development, the developer shall provide 1 x 240 litre mobile garbage bin per dwelling unit;

iii) provide for a retaining wall of maximum height 0.5 m on the lot boundary between the development site and the rear of Lot 164 (HN18) Francis St and on the lot boundary between the development site and the side of Lot 3 (HN 6) Johnston Street; and

iii) deletion of car bays as shown in Johnston Street;

all to the satisfaction of the Shire of Carnarvon.

3. A Dust Management Plan to be prepared prior to commencement of the development and implementation of that approved Plan be undertaken at each and every stage of the development of the site to the satisfaction of the Shire of Carnarvon.

4. Prior to any development, plans are to be submitted showing details of stormwater and roof run-off disposal to the satisfaction of the Shire of Carnarvon.

5. Prior to any development, a landscape plan shall be prepared to the satisfaction of the Shire of Carnarvon indicating:

the location and species of all trees to be removed and / or retained;

the location and type of fencing to be installed;

the reticulation to be installed; and

the location and type of paving to be installed.

The Plan should also include a plant schedule nominating each species, the numbers of plants required and the size of each plant to be used at the time of planting. The Plan should identify and include any adjoining road verges.

6. Filling of the site, other than that directly necessary for the development as approved under a building permit, is prohibited.

7. Finished floor levels of all buildings to be 300mm above top of kerb, to the satisfaction of the Shire of Carnarvon.

8. Driveways shall be setback a minimum of 0.5m from a side boundary or street pole. Where practical, the edging of the driveway within the required vehicle manoeuvring areas adjacent to carports shall be provided with a raised kerb to prevent damage to fence areas.

9. Arrangements for the construction or removal of new and historical crossovers and reinstatement of footpaths shall be made with the satisfaction of the Shire of Carnarvon;

10. Front fences shall be limited to 1.2m solid, and visually permeable from 1.2m to a maximum of 1.8m and shall be of a material and style suitable to the development to the satisfaction of the Shire of Carnarvon;

11. Prior to commencement of use, all parking and manoeuvring areas to be bitumen sealed, concrete or brick paved to the satisfaction of the Shire of Carnarvon.

12. Signposts shall be provided to ensure one-way traffic and ‘entry’ and ‘exit’ locations are clearly marked for the common vehicular accessway.

13. Prior to occupation of the development, all the lots are to be amalgamated to the satisfaction of the Shire of Carnarvon. The applicant is to submit proof to the Shire of Carnarvon, of the creation of a single title for the subject land.

14. Prior to occupation of the development, it is to be connected to a reticulated water supply and a reticulated deep sewer to the requirements of the Water Corporation and the satisfaction of the Shire of Carnarvon.

Advice

i. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011, Health Act 1911 and Local Government Local Laws. It is the responsibility of the applicant to determine any necessary approval required and obtain such approvals prior to the commencement of use and development. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Development Services Directorate on Ph: 9941 0000.

ii. This approval does not confer approval for strata subdivision under the Strata Titles Act 1985 or Planning Act 2005. It is the responsibility of the applicant to lodge applications for subdivision with the Western Australia Planning Commission.

iii. You are reminded to submit a landscape plan in accordance with Condition 5 of this approval at your earliest convenience so as to avoid any unnecessary delay at the building permit stage.

iv. Rights of appeal are also available to you under the Planning and Development Act 2005 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017.

D E S I G N & D R A F T I N GDEFINE CREATIONSPHONE: 08 9390 4831 MOBILE: 0408 942 040

PROFESSIONAL .QUALITY .INNOVATIVE .T i m e l e s s . . .

ADDRESS:

PROPOSED EIGHT GROUPED DWELLINGS FOR:

ISSUED FOR:PLANNING APP.

COPYRIGHTMap

N1 Ref. Eng. Det. No

LAST OPENED DATED:

TIME: 10:56:42

UBD MAP REF.

DATE:

DRAWN:

CHECKED:

JOB NO:

WIND RATING ENGINEER'S DETAIL COASTAL CATEGORY

DO NOT SCALE FROM THIS DRAWINGAll Sub-contractors to check dimensions & notes prior to initiating works.Any discrepancies to be notified to the Site Supervisor without delay.ALL DIMENSIONS TO BRICKWORK.

ALL DIMENSIONSSHOWN ON FLOORPLAN ARE RAW DIMENSIONS ONLYWHICH DO NOT INCLUDE PLASTER ORMETAL BEADING TO BRICKWORK.

DOWNPIPE LOCATIONS AREINDICATIVE ONLY AND MAY BECHANGED AT BUILDER'S DISCRETION.

ROOF BEAMS ARE SHOWNDIAGRAMATICALLY ONLY.

FLOOR WASTES / CEILING VENTSSHOWN DIAGRAMATICALLY ONLY.

©SHEET NUMBER : OF

3 Aug 2012

DKW

DKW

SCALE: 1:

Thu 10 Jul 2014

1206203LOT 119 (#20) & LOT 118 FRANCIS ST., Cnr. JOHNSTON ST.,CARNARVON. ( Proposed Lot 120 )

MR. KEVIN LEAHY

BUILDER: / /

CLIENT(S): / /

/ /

WITNESS: / /

VARIATIONS:

D E S I G N & D R A F T I N GDEFINE [email protected] www.definecreations.com.auPHONE: 08 9390 4831 MOBILE: 0408 942 040


Daly & Shaw Building Pty Ltd3/15 Keates Rd Armadale WA 6112office:fax:email:web:licence:

(08) 9497 3484(08) 9497 [email protected]

Daly & Shaw

1DEVELOPMENT APPLICATION

25-12½ SD

820 MF

25-12½ SD

820 MF

25-12½ SD

820 MF

25-12½ SD

820 MF

25-12½ SD

820 MF

25-12½ SD

820 MF

25-12½ SD

820 MF

25-12½ SD

820 MF

STUDIO3800 x 3060

BALCONY5175x1500

STUDIO3800 x 3060

BALCONY5175 x 1500

STUDIO3800 x 3060

BALCONY5175 x 1500

STUDIO3800 x 3060

BALCONY5175 x 1500

STUDIO3800 x 3060

BALCONY5175 x 1500

STUDIO3800 x 3060

BALCONY5175 x 1500

STUDIO3800 x 3060

BALCONY5175 x 1500

BALCONY5100 x 1500

STUDIO3800 x 3060

2,500

1,000

1,575 1,57512

,910

5,700

2,500

2,500

1,000 1,575 1,000 1,575

2,500

1,000 1,575 1,000 1,575

2,500

2,500

1,000 1,575

2,500

1,000 1,575

2,500

1,370 4,500

4,3504,3504,3504,3504,3504,350

UNIT 1FFL 6.750

UNIT 2FFL 6.750

UNIT 3FFL 6.350

UNIT 4FFL 5.950

UNIT 5FFL 5.850

UNIT 6FFL 5.750

UNIT 7FFL 5.650

UNIT 8FFL 5.550

UPPER FLOOR PLAN

BALUSTRADE

STAIRWELL

1600

HIG

HSC

REEN

BALU

STRA

DE

BALUSTRADE

STAIRWELL

1600

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HSC

REEN

1600

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BALUSTRADE

STAIRWELL

1600

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1600

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1600

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1600

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1600

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1600

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1600

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STAIRWELL

1600

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1600

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BALUSTRADE

STAIRWELL

1600

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REEN

1600

HIG

HSC

REEN

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-10

3300

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-10

3300

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-10

3300

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-1033

00

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-10

3300

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-10

3300

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-10

3300

720

720

25-12½ SD

820 MF

13-5

6-10

820 M

F

16-5

820 M

F

820

6-5

2000

720

720

A0/

2

4

1

3

WWWWWWW

BED 13700x3300

DINING3155x3590

LIVING4300 x 3265

CARPORT3000 x 5500

ALFRESCO3875x1500

PORCH1225 x 1500

COURTYARD5375x4000

BEDROOM3700 x 3300

DINING3155 x 3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1225x1500

COURTYARD5375 x 4000

BEDROOM3700 x 3300

DINING3155 x 3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1225x1500


BEDROOM3700 x 3300

DINING3155 x 3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1225x1500


BEDROOM3700 x 3300

DINING3155 x 3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1225x1500


BEDROOM3700 x 3300

DINING3155 x 3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1225x1500


BEDROOM3700 x 3300

DINING3155 x 3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1225x1500


BED 13700 x 3300

DINING3155x3590

LIVING4300 x 3265

CARPORT3000x5500

ALFRESCO3875 x 1500

PORCH1300x1500


5. CALOCEPHALUS BROWNII - CUSHION BUSH (YELLOW)(MIN POT SIZE - 14cm); (SPACING - 1.0m); (QUANTITY 0 )6. HYPOCALYMMA ANGUSTIFOLIUM - WHITE MYRLTE(MIN POT SIZE - 14cm); (SPACING - 1.0m); (QUANTITY 0 )7. GREVILLEA BRACHYSTACHYA - (PINK)(MIN POT SIZE - 14cm); (SPACING - 1.0m); (QUANTITY 0 )8. LEPTOSPERMUM SCOPARIUM - NANUM RUBRUM (RED)(MIN POT SIZE - 14cm); (SPACING - 1.0m); (QUANTITY 0 )

(VERGES & GARDEN BEDS)1. MYOPORUM PARVIFOLIUM PURPUREA - NATIVE(MIN POT SIZE - 14cm); (SPACING - 0.5m); (QUANTITY 0 )2. DAMPIERA LINEARIS - COMMON DAMPIERA(MIN POT SIZE - 14cm); (SPACING - 0.5m); (QUANTITY 0 )

ALL GARDEN BEDS AND VERGE AREAS TO BERETICULATED AS PER COUNCIL REQUIREMENTS.

M. TROPICAL MULCH 70mm TO GARDEN BEDS.

SMALL SHRUBS (to 1m HIGH)

GROUND COVERSLANDSCAPING LEGEND

MULCH

RETICULATION

820

18-2½

820 MF

820

18-2½

820 MF

820

18-2½

820 MF

820

18-2½

820 MF

820

18-2½

820 MF

820

18-2½

820 MF

820

18-2½

820 MF

820

18-2½

820 MF

5,500

6,000

4,000

1,000

1,000

4,000

6,000

4,500

1,370 4,000 500

1,000

3,000

500

3,500

500

4,000 4,000

3,000 1,000 1,000 3,000

4,500

4,500

1,575 1,575

4,000

1,000 4,000

1,000 1,575

4,000

1,000 3,000

1,000

3,000

500

4,000

1,000 1,575

1,000 4,000

1,000 3,000

1,000 1,575

4,000

1,000 4,000

1,000 3,000

4,000

1,000 1,575

1,000 4,000

1,000 3,000

4,000

1,000 1,575

1,000 4,000

1,000 3,000

1,000 1,575

4,000

1,000 4,000

1,000 3,000

1,370 4,500

5,500

6,000

4,000

5,500

6,000

5,500

6,000

1,000

3,000

500

4,000

5,500

6,000

4,500

5,500

6,000

5,500

6,000

1,000

3,000

500

4,000

5,500

6,000

1,000

3,000

500

4,000

90° 0

' 0"

90° 0' 0"

90° 0' 0"

90° 0' 0"

1:100

***Site Coverage is actually 758.77m². Sum total of Porches & Alfrescos is 61.20m² which has been deducted from the site coverage as it is part of the open space definition in the Residential Planning Codes.

ROOF COVER:ROOF STRUCTURE:WALL FINISH:

RESIDENTIAL ZONEMIN. OPEN SPACEGROSS SITE AREASITE COVERAGETHEREFORE OPEN SPACE

MIN. SITE AREA PER DWELLING

COLORBOND AT 25°38' PITCHSTEEL FRAMECOLORBOND ON STEEL FRAME

1800 HIGH COLORBOND FENCE & GATES- EXTENT AS PER PLAN

- R50- 45.00 %- 1,619.00m²- 697.57m² ***- 56.913 %

- 160.00m²

AREA CALCULATIONSUNIT 1 UNIT 2-7

DEVELOPMENT SUMMARY

EXTERNAL FINISHES

SITE AREA & OPEN SPACE SUMMARYLOT No. Site Area

+ PartCommon Area

TotalBuilt Area Open Space

Total LessPorch, Alfresco

1 152.33m²

Common Property Area 399.00m² / 8 proposed lots = 49.88m²49.88m² - Equal part of common area to proposed lots 1, 2, 3, 4, 5, 6, 7 & 8.

202.21m² 95.06m² 87.41m² 56.773%

2 152.33m² 202.21m² 95.06m² 87.41m² 56.773%

3 152.33m² 202.21m² 95.06m² 87.41m² 56.773%

56.773%95.06m² 87.41m²4 152.33m² 202.21m²

RETICULATED WINTER GREENLAWN - EXTENT AS PER PLAN

PRIVATE LANDSCAPE AREA- EXTENT AS PER PLAN

OVERSHADOWINGSHADDOW CAST AT MIDDAY 21st JUNE(R-CODES 6.9.1)NOTE: OVERSHADOWING ADJOININGPROPERTY AT 0.0% OF ITS TOTAL AREA.

203.68m²153.80m²

56.773%95.06m² 87.41m²

5 152.33m² 202.21m² 95.06m² 87.41m² 56.773%

6 152.33m² 202.21m² 95.06m² 87.41m² 56.773%

7 152.33m² 202.21m²

57.924%93.35m² 85.70m²8

CARBAY UNIT 1 CARBAY UNIT 2 CARBAY UNIT 3 CARBAY UNIT 4 CARBAY UNIT 5 CARBAY UNIT 6 CARBAY UNIT 7 CARBAY UNIT 8 VISITOR CARBAY

AUTOMATIC SWINGGATE 3000 WIDE

AUTO

MATI

C SW

ING

GATE

2700

WID

E

DISTRIBUTIONMASTER METER WITHINDIVIDUAL METERSFOR UNITS ON POLE

PROPOSEDSEVEN NEWWATER METERS

3.0

3.0

4.0

4.0

2.4

2.6

2.6

2.8

2.83.2

3.2

3.4

3.4

3.6

3.6

3.8

3.8

4.0

2.02

2.56

2.81

2.75

2.67

2.802.8

22.862.8

62.9

22.722.7

22.873.2

33.5

63.7

93.94

3.99

4.20

4.07 3.8

6

3.95

4.05

3.52

3.67

3.12

3.23

2.85

3.63

3.43

3.04

3.32

3.13

2.90

2.90

2.86

2.77

3.00

2.89 2.7

7

2.87

2.88

2.91

2.75

2.79

2.70

2.752.7

9

2.76

2.62

2.67

2.57

2.47

2.35

2.6

2.4

2.2

LOT 3LOT 118

LOT 164(#18)

LOT 119 (#20)

F R

A N

C I

S

S

T R

E E

T

J O H N S T O N S T R E E T

951m2 668m2

33.19

LOT 1201619m2

47.3

47.3 33.19

20.12

20.12

80.49

80.49

RemoveTree6m Wide

RemoveTree6m Wide

T

T

Remove Existing CrossoverReinstate Footpath

Foot Crossover

Concrete Footpath

Paving

PMG Cover

Concrete FootpathRemoveExisting

CrossoverConcrete Footpath

Concrete Footpath

Cro

s sov

er

Guide Wire

TelstraService Pit

PowerConnection Pole

PowerConnection Pole

Water Meter

Power Polewith Lamp

WaterMeter

Power Polewith Lamp

Power Polewith Lamp

Hydrant

TelstraService Pit

Road Centre Line

Roa

d C

entre

Lin

e

Overhead Power Line Overhead Power Line

Existing PowerDome

1800 HighColorbond

Fence

1800 HighColorbond

Fence 1800 HighHardifence

1800 HighHardifence1800 High

Gates

1200 HighHardifence

1200 HighHardifence

1200 HighMetal Bar Fence

Remove1200 HighCycloneFence




Sewer M/H2.37 AHD

Sewer InvertIn 6.1 Up 0.5Inv. 1.65

Sewer InvertIn 6.7Inv. 1.85

UNIT 1FFL 4.000

UNIT 2FFL 4.000

UNIT 3FFL 3.600

UNIT 4FFL 3.200

UNIT 5FFL 3.100

UNIT 6FFL 3.000

UNIT 7FFL 2.900

UNIT 8FFL 2.800

UNIT 8

2.60 2.60

2.802.80

TOG 2.65

2.752.75

2.752.70

2.80

2.75

2.75

TOG 2.65

2.75

2.75

2.75

2.75

2.702.70

2.75

2.70 2.70

2.65 2.65

TOG 2.55

2.70

2.752.75

2.80

TOG 2.75

2.852.85

2.852.80

2.80

2.85

2.85

2.85

2.802.80

2.85

2.80

2.852.85

2.90

TOG 2.85

2.952.95

2.902.90

2.90

2.95

2.95

2.95

2.902.90

2.95

2.90

2.952.95

3.00

TOG 2.95

3.053.05

3.003.00

3.00

3.05

3.05

3.05

3.003.00

3.05

3.00

3.053.05

3.10

TOG 3.05

3.153.15

3.103.10

3.10

3.15

3.15

3.15

3.103.10

3.15

3.10

3.153.15

3.50

TOG 3.45

3.553.55

3.503.50

3.50

3.55

3.55

3.55

3.503.50

3.55

3.60

3.553.55

3.90

TOG 3.85

3.953.95

3.90

3.90

3.90

3.95

3.95

3.95

3.903.90

3.95

3.90

3.953.95

4.10

3.95 3.95

4.10

3.95

3.95

3.95

3.90 3.90

3.95

4.00

3.95 3.95

4.10

4.10

4.10

4.10

1800Øx1800DSOAKWELL









400 HIGHRETAINING

WALL

400 HIGHRETAINING

WALL

400 HIGHRETAINING

WALL

400 HIGHRETAINING

WALL

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITERO

BE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

KITCHEN

PTYFR

GAS HP& UBO

BATH/L'DRYWC

ENTRY

HIGHLITE

ROBE

WM/DRY.

TILES

1050

H TR

FW

FW

SHR

TILES

HIGH

LITE

STOREA: 4.44 m2

TOTAL GROUND FLOORA: 95.06 m2

TOTAL UPPER FLOORA: 29.72 m2

STOREA: 4.44 m2



STOREA: 4.44 m2



GROUND FLOORA: 62.91 m2

CARPORTA: 20.06 m2

PORCH/ALFRESCOA: 7.65 m2

UPPER FLOORA: 22.07 m2

BALCONYA: 7.65 m2


CARPORTA: 20.06 m2



BALCONYA: 7.65 m2


CARPORTA: 20.06 m2



BALCONYA: 7.65 m2

GF HABITABLE AREAA: 58.36 m2



UF HABITABLE AREAA: 11.63 m2



STORE1500x2670

STORE1500x2670

STORE1500x2670

STORE1500x2670

STORE1500x2670

STORE1500x2670

STORE1500x2670

STORE1500x2670

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Schedule 8.3.8 (i) Proposed Plans

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D E S I G N & D R A F T I N GDEFINE CREATIONSPHONE: 08 9390 4831 MOBILE: 0408 942 040


ADDRESS:

PROPOSED EIGHT GROUPED DWELLINGS FOR:

ISSUED FOR:PLANNING APP.

COPYRIGHTMap

N1 Ref. Eng. Det. No

LAST OPENED DATED:

TIME: 10:56:42

UBD MAP REF.

DATE:

DRAWN:

CHECKED:

JOB NO:

WIND RATING ENGINEER'S DETAIL COASTAL CATEGORY

DO NOT SCALE FROM THIS DRAWINGAll Sub-contractors to check dimensions & notes prior to initiating works.Any discrepancies to be notified to the Site Supervisor without delay.ALL DIMENSIONS TO BRICKWORK.

ALL DIMENSIONSSHOWN ON FLOORPLAN ARE RAW DIMENSIONS ONLYWHICH DO NOT INCLUDE PLASTER ORMETAL BEADING TO BRICKWORK.

DOWNPIPE LOCATIONS AREINDICATIVE ONLY AND MAY BECHANGED AT BUILDER'S DISCRETION.

ROOF BEAMS ARE SHOWNDIAGRAMATICALLY ONLY.

FLOOR WASTES / CEILING VENTSSHOWN DIAGRAMATICALLY ONLY.

©SHEET NUMBER : OF

3 Aug 2012

DKW

DKW

SCALE: 1:

Thu 10 Jul 2014

1206203LOT 119 (#20) & LOT 118 FRANCIS ST., Cnr. JOHNSTON ST.,CARNARVON. ( Proposed Lot 120 )

MR. KEVIN LEAHY

BUILDER: / /

CLIENT(S): / /

/ /

WITNESS: / /

VARIATIONS:

D E S I G N & D R A F T I N GDEFINE [email protected] www.definecreations.com.auPHONE: 08 9390 4831 MOBILE: 0408 942 040


Daly & Shaw Building Pty Ltd3/15 Keates Rd Armadale WA 6112office:fax:email:web:licence:

(08) 9497 3484(08) 9497 [email protected]

Daly & Shaw

2ELEVATIONS

2.800FFL 2.900FFL 3.000FFL 3.100FFL 3.200FFL

3.600FFL

4.000FFL 4.000FFL

5,500

2,560

190

2,750

25°38' ROOF PITCHCOLORBOND ROOF

FLOOR

FLOOR

CEILING

CEILING

COLORBONDCLADDING

COLORBONDCLADDING COLORBOND

CLADDING COLORBONDCLADDING COLORBOND

CLADDINGCOLORBOND

CLADDINGCOLORBOND

CLADDINGCOLORBOND

CLADDING

JOHNSTON STREET ELEVATION 1

25°38' ROOF PITCHCOLORBOND ROOF

UNIT 1 UNIT 2UNIT 3

UNIT 4 UNIT 5 UNIT 6 UNIT 7 UNIT 8

2.800FFL 2.900FFL 3.000FFL 3.100FFL 3.200FFL

3.600FFL

4.000FFL 4.000FFL

5,535

2,560

190

2,785

FLOOR

FLOOR

CEILING

CEILING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

ELEVATION 2

UNIT 8 UNIT 7 UNIT 6 UNIT 5 UNIT 4UNIT 3

UNIT 2 UNIT 1

COLORBONDCLADDING

COLORBONDCLADDINGCOLORBOND

CLADDINGCOLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

COLORBONDCLADDING

4.000FFL

5,535

2,560

190

2,785

COLORBONDCLADDING

FLOOR

FLOOR

CEILING

CEILING

COLORBONDCLADDING

FRANCIS STREET ELEVATION 3

UNIT 1

2.800FFL

5,535

2,560

190

2,785 COLORBOND

CLADDING

FLOOR

FLOOR

CEILING

CEILING

COLORBONDCLADDING

ELEVATION 4UNIT 8

A0/ 1:100

8.3.8 WORLD HERITAGE SIGNAGE: SOUTHERN GATEWAY STATEMENT – BLOWHOLES ROAD RESERVE ADJACENT TO LOT 531 NORTHWEST COASTAL HIGHWAY (CORNER BLOWHOLES ROAD), INGGARDA

File No: P70848; P52/14 Date of Meeting: 23 September 2014 Location/Address: Shire of Carnarvon Blowholes Road Reserve at North West Coastal Highway,

Inggarda; Adjacent to Lot 531, North West Coastal Highway Name of Applicant: Department of Parks and Wildlife Name of Owner: Shire of Carnarvon; Main Roads Author/s: Robert Pringle – Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: This report addresses a development application for installation of two large ‘Ningaloo Coast World Heritage’ ‘Southern Gateway’ signs at the corner of North West Coastal Highway & Blowholes Rd, 10km North of Nine Mile Bridge. In consideration of the merits of the application, the staff recommendations are to complete the application form as owner of the Blowholes Road Reserve and to grant planning approval for the proposed signs, subject to conditions. A similar application was considered at the 25 February 2014 council meeting. Background: In June 2011 the Ningaloo Coast was inscribed onto the World Heritage list. Since the appointment of the World Heritage Area Program Manager in July 2012, feedback was received that indicated signage was needed to assist with recognising the boundaries of the Ningaloo Coast World Heritage Area. The intent of the signage was to inform people when they were approaching or entering a World Heritage area and better convey the message that a World Heritage area is an outstanding natural environment that needs to be looked after, preserved and protected by those visiting the area. Through funding received from Caring for Our Country, World Heritage has undertaken a project to implement the required signage and sought feedback and ideas from stakeholders such as the Carnarvon Tourism Alliance, Main Roads WA, the Coral Bay Progress Association, Gascoyne Development Commission and the Shire of Carnarvon in July 2013. Stakeholders were given three potential options for the Southern entry point for the World Heritage area to consider and included a list of pros and cons already identified by the Ningaloo Coast World Heritage office along with a number of concept designs for the appearance of the signage. The Shire received a Planning Application for the signage, which additionally included plans for the siting, landscaping, and access/parking. Council made the following decision on the application: “Pursuant to Clause 8.3, the Carnarvon Shire Council at its Ordinary Meeting on the 25th February 2014 resolved as follows: ‘1. RESOLVES that based on the information provided in relation to Planning Application for the erection

of two World Heritage Signs within the road reserves adjacent to Lot 531, North West Coastal Highway, Inggarda (corner of North West Coastal Highway and Blowholes Road), Council considers that the positioning and location of the signs pose a potential risk for road users North West Coastal Highway and Blowholes Road.’”

Subsequent efforts have been made to ensure that the location of the signs do not pose potential risk for road users of the North West Coastal Highway and Blowholes Road. Main Roads has been consulted and

written advice was given that ‘Main Roads has no in principle objections’ to the location of the signage. Description of Proposal: The Ningaloo Coast World Heritage area Program Manager has now re-submitted a development application to locate the sign at the corner of North West Coastal Highway and Blowholes Road which received the most support from Tourism Alliance stakeholders as being the most appropriate location. Figure 1 provides an understanding of the location of the proposed signs to be located within the Blowholes Road reserve with one sign on either side of Blowholes Road and facing at an angle to make the signage visible to traffic travelling in both a north and south direction on the North West Coastal Highway.

Figure 1: Proposed Sign Location NWCH/Blowholes Road

The application details that each proposed World Heritage Area entry sign will measure 2.40 metres in height and 11.40 metres in width. Figure 2 below provides an understanding of the proposed sign’s dimensions. The structural design and certification of the concrete wall signs have been certified by GHD, taking into consideration wind loading to Wind Region D standards.

Figure 2: Proposed sign dimensions

An illustration of the sign design has been provided in Figure 3 below. The words ‘Southern Gateway’ will

be added below the Ningaloo Coast World Heritage text to ensure that visitors are aware that the sign is

not located on the boundary of the World Heritage area.

Figure 3: Illustration of proposed sign design

It should be noted that the proposed signage is located on the Blowholes Road road reserve which is under the care and control of the Shire of Carnarvon. In this regard, Council is requested to sign the application form as ‘owner’. Consultation: The Department of Parks and Wildlife have completed extensive consultation with relevant authorities including: internally within their Department, Shire of Carnarvon Officers, Department of Main Roads, Carnarvon Tourism Alliance Committee, and the Gascoyne Development Commission. Statutory Environment: The application has been submitted as a Development Application under the Shire of Carnarvon District Zoning Scheme No. 11 (DZS No. 11). Under DZS No. 11, advertisements (signage) require the approval of the local government. Clause 7.3 – Without limiting the generality of the matters which may be taken into account when

making a decision upon an application for consent to erect, place or display an advertisement, Council shall examine each application in the light of the objectives of the Scheme and with particular reference to the character and amenity of the locality within which it is to be displayed including its historic or landscape significance and traffic safety, and the amenity of adjacent areas which may be affected.

Relevant Plans and Policy: None known Financial Implications: None known Risk Assessment: Until such a time as a landscape, site access, and management plan be created, there is a risk that Tourists

may stop on the Road Reserves of both the North West Coastal Highway and Blowholes Road in order to take a picture with the sign. Strategic Implications: The World Heritage Signage will accord with the following Shire goals and desired outcomes as expressed in the Carnarvon Strategic Community Plan 2011:

Comment The World Heritage Area Program Manager of the Department of Parks and Wildlife has submitted a revised Planning Application outlining the corner of North West Coastal Highway and Blowholes Road as the preferred location for the World Heritage entry signage. This option received significant support from the Carnarvon Tourism Alliance who has representatives from both stations (Quobba and Gnaraloo) associated with the southern entrance to the Ningaloo Coast World Heritage Area as current presiding members. This preference is based on the location offering maximum exposure to passing traffic and also catering for photo opportunities (visitors wanting to photograph the sign) similar to that offered at the Shark Bay World Heritage entry signage. When the Department of Parks and Wildlife presented the initial application, it was not clear as to the exact placement of the signs in regards to setbacks. Main Roads WA’s (MRWA) input has been sought to ensure that the proposed sign will not present any issue to passing traffic. Currently the MRWA North West Coastal Highway reserve is 105m in width, though MRWA are planning to widen the intersection with Blowholes road and construct a deceleration slip lane on the left-hand side approach to the intersection. MRWA require all advertising signs to be outside the ‘clear zone’, which in this case is currently 11m. Taking into account the intended road widening however, a minimum 16m offset was recommended by MRWA. A copy of correspondence from MRWA has been provided as Schedule 8.3.8(i). The Development Application notes: “The location of these signs will be on either side of Blowholes Road at a distance of 17 – 50m from the North West Coastal Highway (exact distance to be determined by Main Roads to ensure safety conditions are met) and 11m from Blowholes Road 9 (see Attachment 2). The tenure of this land is Main Road Reserve and Carnarvon Shire Road Reserve.” (emphasis added) Council must respond as if the submitted plans are final, and assume that the Shire of Carnarvon is the majority landowner affected by the proposed signage, as the plans (Figure 1) show.

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

1.1.4 Enhance and maintain existing Shire tourism facilities (also refer to 2.6.1).

1.1.5 Identify and further develop new tourism attractions and facilities.

Outcome 2.1 Continued conservation and enhancement of the natural environs.

2.1.4 Develop a management plan for the control, development and rationalisation of coastal and inland shire tourism nodes in consultation with relevant stakeholders.

2.1.5 Implement coastal remediation and repair of land under the control of the Shire.

As such, Council or a Council Delegate must be a signatory to the Development Application. Given the history of this issue, Officers recommend that Council complete the application prior to responding to the recommendation to conditionally approve the signage. If the signage is located as shown on the plans, Main Roads maintains an interest as Owners of a small portion of affected lands. Communication shown in Schedule 8.3.8(ii) demonstrate Main Roads’ understanding of the signs’ location within a portion of their Road Reserve. The previous Planning Application presented a site plan that include a cleared and graded accessway set back from the paved road surface of Blowholes Road so that visitors could stop safely, park, and walk to the sign to take photos. No such plans were prepared with this re-submission, nor were locations for such accessways delineated on the site plan. Given the sign’s location and material presented, it is recommended that on planning grounds, it is the World Heritage signage be conditionally approved. As a general comment, from a planning perspective the entry signage has been assessed to ensure it:

- does not present a safety issue or distraction in its form and/or placement; - does not aesthetically detract from a streetscape presentation; - does not present as material that may broadly offend members of the public.

Whilst the Planning Approval has been assessed on planning and access grounds, the Shire considers that a more appropriate location for the World Heritage Signage for tourism and the ‘experience’ for tourists and the like is actually at the Blowholes. In this regard, the Shire would be pleased to assist the Department of Parks and Wildlife in defining an appropriate site at the Blowholes. However, irrespective of the view of Shire Staff as to the most effective location of the World Heritage Signage, the Application must be considered on planning grounds Conclusion The signage, if analysed strictly on planning grounds as the application is presented to Council, should be approved subject to conditions. OFFICER’S RECOMMENDATION 1 That Council:

1. Resolve to accept Application for Planning Approval for the erection of two World Heritage Signs within Blowholes Road Reserve which is under the care and control of the Shire of Carnarvon.

2. Authorise the Chief Executive Officer to sign the Application for Planning Approval as the lawful

‘owner’ of the affected lands, being the Blowholes Road Reserve. OFFICER’S RECOMMENDATION 2

That Council: 1. Approve the Planning Application for the erection of two World Heritage Signs within the road

reserves adjacent to Lot 531, North West Coastal Highway, Inggarda (corner of North West Coastal Highway and Blowholes Road), in accordance with Clause 3.5.2.6 of the Shire of Carnarvon District Zoning Scheme No 11 and plans as provided with the application modified by conditions of this Approval:

1. The signs to the North and South of Blowholes Rd shall be setback a minimum of 48m and

50m respectively from the road pavement adjacent to North West Coastal Highway and 11m from the road pavement adjacent to Blowholes Road as required by the Shire of Carnarvon in consultation with Main Roads WA.

2. The signs shall generally conform with the plans (Schedule 8.3.8 (iii)) and specifications (Schedule 8.3.8 (iv)) dated 23 September 2014. The endorsed plans shall not be modified or altered without the prior written approval of the Shire of Carnarvon.

3. The sign shall be maintained to a high standard of presentation to the satisfaction of the Shire of Carnarvon.

4. No additional landscaping or accessways shall be provided until such time as the Department of Parks and Wildlife, in consultation with the Shire of Carnarvon and Main Roads Western Australia, develops a landscaping, site access, and management plan to the satisfaction of the Shire of Carnarvon.

Advice Notes

i. Whilst the Planning Approval has been assessed on planning and access grounds, the Shire considers that a more appropriate location for the World Heritage Signage for tourism and the ‘experience’ for tourists and the like is actually at the Blowholes. In this regard, the Shire would be pleased to assist the Department of Parks and Wildlife in defining an appropriate site at the Blowholes.

ii. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to erection of the signage. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire Building Department on Ph: 9941 0000.

iii. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

Schedule 8.3.8(1) MRWA Correspondence – NWCH/Blowholes Road intersection

Schedule 8.3.8(2) MRWA Correspondence – NWCH Road Reserve

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Schedule 8.3.8 (iii) - Heritage Sign Site Plan

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Schedule 8.3.8 (iv) Signage Specifications

8.3.9 DEVELOPMENT APPLICATION FOR A TWO-STOREY ADMINISTRATION BUILDING AT CARNARVON RACE CLUB – LOT 566, 111 CORNISH ST, MASSEY BAY

File No: P51/14, A96 Date of Meeting: September 23, 2014 Location/Address: Lot 566, 111 Cornish St Massey Bay Name of Applicant: Carnarvon Race Club Name of Owner: Shire of Carnarvon Author/s: Robert Pringle, Planning Officer; Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: The Carnarvon Race Club is proposing to upgrade some of the site facilities, namely by demolishing an existing ablution block and removing adjacent jockey’s change facilities, and replacing these facilities in a new two-story administration building with areas dedicated to offices, a first-aid station, jockeys’ changerooms and Sponsors’ viewing area. A request has been submitted for Council to waive the standard fees associated with the development. The staff recommendations are to complete the application form as owner of the Reserve, to waive the statutory planning fees associated with the development, and to approve the development. Background: The Carnarvon Racecourse has operated at its current location for many decades. Each year, the Racecourse has about 10 race events during the May-September season, culminating in the Carnarvon Cup each September. Events draw Shire of Carnarvon residents and tourists and racing enthusiasts from the surrounding Regions into Carnarvon. The events are popular enough to warrant charter flights being arranged from Perth for each event. The race club facilities include a clubhouse, grandstands, ticket booths, and the ablution block/jockey changerooms. There are also stables, staging areas, and the track. Administration of the race club is primarily completed within the club house facilities or at officer’s homes. The current ablution block and jockey change room is shown in Figure 1. The ablutions are many decades old, and the interiors are increasingly deteriorating, now being difficult to maintain and also causing health and safety concerns. The changing room facilities are portable buildings that are outdated and cramped for the jockeys.

Figure 1. Current ablution and change facilities proposed for demolition and removal.

Racing and Wagering Western Australia (RWWA) is the regulator of the horse racing industry in Western Australia, and has requested that the Carnarvon Race Club upgrade its facilities to reduce risk by ensuring that health and safety standards are met. The facilities are essential to the on-site event management for race events, and as such the development would ideally be completed prior to the recommencement of the 2015 race season. Description of Proposal: The applicant seeks to develop a two story administration building with a roughly 18.5 x 8.5 m footprint, plus a paved verandah and upper level balcony. The building will replace existing ablutions and transportable changerooms in largely the same footprint (Shown in Figure 2 below). The amenities, administrative offices and a first aid room will be provided on the ground floor, and a multipurpose room, amenities, and balcony will be located on the upper floor (see Figure 3, next page).

Figure 2. Site Plans showing existing buildings and proposed building massing.

Figure 3. Preliminary Floor Plans for the ground and upper floor

The administration area and balcony will be primarily used for event viewing by corporate sponsors, and during non-event periods can be used as multipurpose administration areas related to club management, including club membership meetings. It should be noted that the development is located on reserve 31811 (Golf and Race Club Reserve area) which is under the care and control of the Shire of Carnarvon. In this regard, Council is requested to ‘sign’ the application form as ‘owner’. Consultation: Consultation has been undertaken across the Shire’s Development Services Directorate (only). There is no statutory requirement for advertising the application. Statutory Environment: Town Planning Scheme (TPS) No. 10 Lot 566 is within a Reserve and is zoned ‘Private Clubs & Institutions – Racecourse & Golfcourse’ in accordance with the TPS No.10 zoning map. Within this zoning and as listed in Table 1 of the Town Planning Scheme an ‘Office’ development is listed as an ‘IP’ use, which Council may approve if the use is proven to be incidental to the predominant use of land, in this case, the Racecourse. The proposed development additionally fulfils other uses as part of the ‘Private Club’ which is a ‘P’ or permitted use. Car parking is required under the TPS No. 10, Section 5.2. Relevant Plans and Policy: No additional Plans and Policies were determined to be relevant. Financial Implications: The applicant has requested the waiving of standard development services fees for the proposal which would be $270.

Risk Assessment: No risk has been identified for the development. Community & Strategic Objectives: The redevelopment of ablutions, jockey quarters and new office and viewing areas will accord with the following Shire goals and desired outcomes as expressed in the Shire of Carnarvon Strategic Community Plan 2011:



1.1.7 Promote and support festivals, events and attractions that add value to the District’s economy.

Comment: The proposed development is a replacement, expansion, and improvement on existing facilities. From a planning perspective, the development conforms to Shire of Carnarvon Town Planning Scheme No. 10 in all regards with the exception of car parking and parking area treatment, which Council has the ability to vary based on historical use. Car Parking & Treatment of Parking Areas Car parking for the Carnarvon Race Club has a history of informal design and implementation. There are two suitably large areas available for car parking which are cleared, compacted, and do not interfere with accessways. All areas where access is required for emergency and event vehicles are clearly signmarked. Parking for vehicles displaying valid ACROD accreditation is located next to the entry gates where the ground has been heavily compacted and so that there is a limited distance to travel to access the facilities. Special Remarks for development and car parking standards associated with the use of a Private Club are as follows: “Membership, frequency of use and maximum attendance at functions etc will be used to determine parking requirements.”

It is considered that the redevelopment of this building will not create a significant new demand for car parking, and the existing car parking facilities should be suitable to accommodate users of this facility in conjunction with the use of the remainder of the facilities. OFFICER’S RECOMMENDATION 1 That Council:

1. Resolve to accept Application for Planning Approval for the development of an administrative and amenities building within Reserve 31811 which is under the care and control of the Shire of Carnarvon.

2. Authorise the Chief Executive Officer to sign the Application for Planning Approval as the lawful

‘owner’ of the affected lands, being Reserve 31811. OFFICER’S RECOMMENDATION 2 That Council: 1. Offer support to the Carnarvon Race Club and inform club management that Council waives all

applicable statutory Town Planning application fees where legally permissible.

2. Approve the development of an administrative and amenities building as a part of the predominant private club use of the Carnarvon Race Club at Lot 566, 111 Cornish St Massey Bay, subject to the following conditions:

1. All development is to be in accordance with the approved Development Plan dated 23

September 2014 (Schedule 8.3.9 (i)), including any amendments placed thereon by the Shire of Carnarvon and except as may be modified by the following conditions or with the prior written approval of the Shire of Carnarvon.

Advice

1. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to erection of the signage. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire Building Department on Ph: 9941 0000.

2. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

EXISTING SHED AND

VERANDAH STRUCTURES

TO BE DEMOLISHED

EXISTING PLAN

SCALE 1:200 @ A3

EXISTING TRANSPORTABLE

ABLUTIONS TO BE

RELOCATED ELSEWHERE

NOMINAL LOCATION OF

EXISTING SEPTIC SYSTEM

CONFIRM LOCATION PRIOR TO

LOCATING PROPOSED

BUILDING

OUTLINE OF PROPOSED

NEW BUILDING

NORTH

04/09/14 FOR INFORMATION

CONCEPT ONLY

NOT FOR CONSTRUCTION

A.01

PROPOSED ADMINISTRATION BUILDING

CARNARVON RACE CLUB

CARNRAVON ROAD, CARNARVON WA

SHEET NoREMOTE DESIGN & DRAFTING BY ...

T: 0409 945 959 | E: [email protected]

LOCATION PLAN

SCALE 1:10000 @ A3

SITE PLAN

SCALE 1:500 @ A3

3

.

3

M

N

O

M

3

M

N

O

M

PROPOSED NEW

ADMINISTRATION BUILDING

EXISTING

CARETAKER

RESIDENCE

R

A

C

E

T

R

A

C

K

SPECTATOR

AREA

EXISTING

BAR

AREA

CARNARVON

RACE CLUB TRACK

REFER SITE PLAN

C

A

R

N

A

R

V

O

N

R

O

A

D

M

A

S

S

E

Y

B

A

Y

R

O

A

D

LOT 566

planner

Text Box

Schedule 8.3.9 (i) - Proposed Plans for Carnarvon Race Club development

GROUND FLOOR PLAN

SCALE 1:100 @ A3

1

2

3

64

25

35

00

75

FEMALE JOCKEY

CHANGE ROOM

5000x5125

STEWARD

OFFICE

4495x4275

SECRETARY

OFFICE

3605x5600

VERANDAH

AA

75

63

50

75

35

00

65

00

75 4495 75 3605

18475

UP

18475

FIRST AID

3605x2675

MALE JOCKEY

CHANGE ROOM

5000x5125

FEMALE

AMENITIES

MALE

AMENITIES

500075500075

75

31

50

75

51

25

75

15

00

85

00

VIDEO

ROOM

2500x2000

B CA D E F

3680 3680 3680 3680 3680

BALCONY

A

A

75

6350

75

3500

6500

UPPER FLOOR PLAN

SCALE 1:100 @ A3

18475

ADMINISTRATION AREA

DN

18475

14775 7575

UNISEX

WC 1

UNISEX

WC 1

AIRLOCK

7575 17001700

1400

75

75

1320

75

5480

75

1500

75

10075 75 8175 75

ST

OR

E

B CA D E F

1

3680 3680 3680 3680 3680

2

3

6425

3500

CONCEPT PLAN ONLY


A.02


CARNARVON RACE CLUB





FRONT / EAST ELEVATION

SCALE 1:100 @ A3

600

O/H

600

O/H

SIDE / NORTH ELEVATION

SCALE 1:100 @ A3

REAR / WEST ELEVATION

SCALE 1:100 @ A3

SIDE / SOUTH ELEVATION

SCALE 1:100 @ A3

CONCEPT PLAN ONLY


A.03


CARNARVON RACE CLUB





900

O/HANG

2400

200

2700

5° PITCH TRIMDEK ROOF

SELECTED BALUSTRADE

300

O/HANG

COMPACTED FILL

100MM CONCRETE SLAB AND

FOOTINGS TO ENGINEER'S DETAILS

WATERPROOF MEMBRANE

STRUCTURAL MEMBERS

TO ENGINEER DETAILS

ROOF MEMBERS TO

ENGINEER DEATAILS

PLASTERBOARD

WALL LINING

SELECTED PAINTED

FIBRE-CEMENT WALL

PANELLING

ROOF INSULATION (PART 3.12.1.2)

'PERMASTOP 55' FOIL FACED

BALNKET OR EQUIV (R1.3) TO U/S

ROOF SHEETING

POLYESTER BATTS (R3.0) TO ALL

CEILING SPACES

PLASTERBOARD

CEILING LINING

EXTERNAL WALL INSULATION (PART 3.12.1.4)

'AIR-CELL INSULBREAK 65 ' OR EQUIV (R1.6)

PLUS EARTHWOOL BATTS (R1.5)

PLASTERBOARD

CEILING LINING

75x75 SHS POSTS

SECTION A

SCALE 1:50 @ A3

SELECT EAVES LINING

1000

REEDED DECKING 21MM PARTICLE

BOARD FLOORING

CONCEPT PLAN ONLY


A.04


CARNARVON RACE CLUB





8.3.10 REQUEST TO REVIEW DELEGATION NO: 1005 - HAWKERS, STALL HOLDERS AND STREET TRADERS LICENCES

File No: 4A0102 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Dane Wallace, Environmental Health officer Caitlin Clothier, Environmental Health officer Declaration of Interest: None Voting Requirements: Absolute Majority

Summary of Item: Council is requested to consider altering delegation number 1005 such that the requirement to obtain $10 million public liability insurance will not be imposed on every stall holder but only on the higher risk ones as determined by the delegated officer, while all other traders will be recommended to obtain it. This is in line with the local laws, consistent with practice elsewhere in WA and is designed to ease the burden on small scale traders (e.g. at the markets) by allowing them to decide for themselves whether they wish to bear the risk or not. Background: The Shire of Carnarvon Local Government Act Local Laws, which regulates hawking, stall holding and trading in public places by a licensing regime, allows the local government to impose reasonable conditions on the licences which include the ability to require public liability insurance. The local law does not require all hawkers, stall holders and traders to have public liability insurance but merely provides for the local government to require it at its discretion. At the Council meeting of 27 May 2014, Council adopted a revised Delegation Register in which the delegation to administer the licensing provisions of the Shire of Carnarvon Local Government Act Local Laws relating to hawkers, stall holders and traders included a condition that every applicant must produce evidence of $10 million public liability insurance as per below:

Delegation No: 1005 Hawkers, Stall Holders and Street Traders Licences

Date Adopted: 27 May 2014 Delegate: CEO

Date Last Reviewed: Sub-Delegated: Yes

Policy Reference: N/A Chief Executive Instruction/Procedure:

Nil

Legal (Parent): 1. Local Government Act 1995 – Section 5.42.

Legal (Subsidiary): 1. Shire of Carnarvon Local Government

Act Gazetted Local Laws 1998.

Council delegates its authority and power to the Chief Executive Officer (CEO) to administer section 29 of the Shire of Carnarvon Local Government Act Local Laws determine new applications for licence and renew existing licences for Stallholders, Street Traders, and Hawkers under the Shire of Carnarvon Local Government Act Local Laws, subject to the following conditions- 1.0 Compliance with the Shire of Carnarvon Local Government Act Local Laws; and 2.0 The Applicant providing evidence of $10 million Personal Liability Insurance Cover.

Description of Proposal: Council is requested to consider altering delegation number 1005 such that where higher risk activities are proposed and the risks can be appropriately managed, the applicant must be required to produce evidence of public liability insurance covering the activity to the value of at least $10 million and in other cases that the delegate provide a recommendation to obtain the same. Consultation: Whilst no formal consultation has been carried or is required by any statute, staff have informally consulted the Local Government Association and Local Government Insurance Brokers. The Local Government Association advised that it is common practice for stall holders throughout WA to have their own public liability insurance cover. A representative of the Local Government Insurance Brokers advised that while having public liability insurance is recommended, there is no obligation on the Shire to enforce every trader to have it but that it could be beneficial to enforce it on higher risk activities. Statutory Environment: The Council is empowered pursuant to Sections 5.16 and 5.42 of the Local Government Act 1995 to delegate roles and responsibilities, while Section 5.46 (2) requires an annual review of delegations by Council. The Act also allows the Chief Executive Officer to sub-delegate any of his/her powers to another employee with the sub-delegations to be in writing. The Chief Executive Officer is also permitted under the Act to place conditions on any sub-delegation passed onto another Shire employee. Section 5.46(2) of the Local Government Act 1995 states Council must review its Delegation Register annually, however, if no amendments are made to the existing register a vote by simple majority can apply. However, Section 5.42 (1) further states that any decision to amend or revoke a delegation by a Local Government is to be by an absolute majority, which needs to be applied if the Council is to support the officer’s recommendation. Relevant Plans and Policy: There are no evident policy implications in relation to this review of Delegation No: 1005. Financial Implications: There are no evident financial implications in relation to this review of Delegation No: 1005. Risk Assessment: This matter does not affect the Shire’s own public liability insurance that it holds to indemnify the Shire in the case that a member of the public litigates. This matter is about determining when and where hawkers, stall holders and traders are required to obtain their own public liability insurance to indemnify themselves and where others should be ‘recommended’ to obtain it. Ultimately this insurance is their responsibility but the Shire is proposing to impose it on the higher risk activities as a form of ‘duty of care’. This falls within the scope of the local laws. Currently, many of the stall holders are conducting very small, low risk activities, such as selling jewelry from a table at the local markets. Obtaining public liability insurance adds to the cost for someone who may only want to trade a few times and may unnecessarily limit the patronage of the markets.

The requirement to obtain public liability insurance is proposed to apply to the higher risk activities such as street entertainers performing daring stunts, trading from a vehicle on a road such as an ice-cream van that works the neighbourhood. In these cases the Shire could potentially have a duty of care to ensure that such traders have public liability insurance. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

Outcome 5.2 A high standard of governance and accountability.

5.2.1 Maintain a high standard of corporate planning and reporting.

5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment: Shire Staff have been in discussion with many potential stall holders who sell products that don’t have the means of obtaining a $10 million Personal Liability Insurance Cover. In addition, these potential stall holders in the opinion of Shire staff do not necessarily sell products that establish the need for such insurance cover. Council is requested to consider altering delegation number 1005 such that the authorised Shire Staff determine where higher risk activities are proposed and the risks can be appropriately managed, the applicant must be required to produce evidence of public liability insurance covering the activity to the value of at least $10 million. Without limiting the discretion of the delegate in particular circumstances, the following would be regarded as higher risk:

activities conducted from a vehicle on a road (e.g. roaming ice-cream van); or

activities involving large temporary structures (e.g. large commercial grade marquees) that the public will be on or under; or

activities involving physical feats or fire, e.g. acrobatics, fire-twirling; or

any other activities deemed by the delegate to represent a higher risk to the public.

OFFICER’S RECOMMENDATION That Council: Amends delegation number 1005 made on 27 May 2014 in relation to hawker, trader and stall holder licensing to read as follows:

Delegation No: 1005 Hawkers, Stall Holders and Street Traders Licences

Date Adopted: 27 May 2014 Delegate: CEO

Date Last Reviewed: Sub-Delegated: Yes

Policy Reference: N/A Chief Executive Instruction/Procedure:

Nil

Legal (Parent): 1. Local Government Act 1995 – Section

5.42.

Legal (Subsidiary): 1. Shire of Carnarvon Local Government Act

Gazetted Local Laws 1998.

In accordance with section 5.42 of the Local Government Act 1995, Council delegates to the Chief Executive Officer the administration of section 29 of the Shire of Carnarvon Local Government Act Local Laws relating to hawkers, traders and stall holders, subject to the following conditions– 1. Where higher risk activities are proposed to be undertaken, and the risks can be appropriately

managed, the applicant must be required to produce evidence of public liability insurance covering the activity to the value of at least $10 million. Without limiting the discretion of the delegate in particular circumstances, the following should be regarded as higher risk:

a) activities conducted from a vehicle from a road; or b) activities involving large temporary structures (e.g. large commercial grade marquees) that

the public will be on or under; or c) activities involving daring stunts, physical feats or fire, e.g. acrobatics, fire-twirling; or d) any other activities deemed by the delegate to represent a higher risk to the public.

2. For other activities, the delegate should provide advice to the applicant recommending that public

liability insurance covering the activity be obtained. Other activities will include basic stall setups including tables and or fold up marquees as determined by the delegate.

8.3.11 REQUEST TO THE FEDERAL MINISTER OF INFRASTRUCTURE AND REGIONAL DEVELOPMENT TO RAISE THE 20,000 KG AIRCRAFT SECURITY LIMIT AT THE CARNARVON AIRPORT LIMITED TO CERTAIN AIRCRAFT (FOKKER F50 OR SIMILAR)

File No: 5S0108 Date of Meeting: 23 September 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: The purpose of this report is to obtain the Councils consent to write to the Federal Minister for Infrastructure and Regional Development to request that the 20,000 kg Maximum Take Off Weight (MTOW) aircraft security limit at the Carnarvon Airport be raised to allow certain Regular Public Transport aircraft slightly larger than 20,000 kg MTOW to use the Carnarvon airport. Background: Consistent with Commonwealth legislation administered by the Office of Transport Security (OTS), aircraft weighing less than 20,000 kg Maximum Take Off Weight (MTOW) do not require passenger and baggage security screening at airports. For aircraft weighing in excess of 20,000 kg (for example, the Fokker 50 which has a gross weight of 20,850kg MTOW) the airport in which the aircraft operate must (by Federal law) have security screening of Regular Public Transport (RPT) passengers and baggage. However, it is understood that the same airport security screening requirements on aircraft excess of 20,000 kg used for charter purposes does not apply. Presumably this is because the charter operator (often a resource company) can ‘vouch’ for the persons forming part of the charter. The Carnarvon Airport which is owned and operated by the Shire of Carnarvon does not have the necessary security screening facilities in place that allow aircraft weighing in excess of 20,000 kg MTOW. Although it is to be further investigated, it is unlikely that the Shire has the financial capacity to install the necessary security screening of RPT passengers and baggage under Commonwealth legislation administered by the Office of Transport Security (OTS). Consultation: Whilst no formal consultation has taken place in the preparation of this Report, the Shire has been in discussions with the (State) Department of Transport in addressing matters including the issue of baggage security screening at the Carnarvon Airport. Statutory Environment: Aviation Transport Security Act 2004 Aviation Transport Security Regulations 2005 S3.01B Categories of security controlled airports’ of the Aviation Transport Security Regulations 2005 addresses the category of security at airports and requires as follows: “3.01B Categories of security controlled airports For section 28A of the Act, the categories in column 1 of the table are prescribed.

Category of security controlled airport

Examples of security controlled airports that may fall within corresponding category

1 Designated airports

2 Airports to or from which an international air service operates and that do not fall within any examples corresponding to category 1 security controlled airports

3 Airports that do not fall within any examples corresponding to category 1 or category 2 security controlled airports, and that meet the following: (a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg; (b) if those operations are only operated to or from the airport by aircraft with a maximum weight of at least 20 000 kg but less than 30 000 kg—those operations involve an average of at least 50 000 revenue passengers departing the airport each year

4 Airports that do not fall within any examples corresponding to categories 1 to 3 security controlled airports, and that meet both of the following: (a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg; (b) those operations involve an average of at least 30 000 but less than 50 000 revenue passengers departing the airport each year

5 Airports that do not fall within any examples corresponding to categories 1 to 4 security controlled airports, and that meet both of the following: (a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg; (b) those operations involve an average of less than 30 000 revenue passengers departing the airport each year

6 Airports that do not fall within any examples corresponding to categories 1 to 5 security controlled airports, and that meet either of the following: (a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 5 700 kg but less than 20 000 kg; (b) aircraft operate closed charter operations to or from the airport with a maximum weight of at least 10 750 kg

7 Airports that may be required to comply with requirements imposed on different categories of security controlled airports”

Relevant Plans and Policy: None known Financial Implications: A significant financial investment would be needed to upgrade the facilities of the Carnarvon airport to meet security screening requirements. RPT services on these routes are currently provided by aircraft less than 20,000 kg so security screening does not apply. Whilst the cost of establishing the necessary security measures for the Carnarvon airport so it can receive passenger services involving aircraft greater than 20,000 kg MTOW is to be determined, anecdotally the costs could be in the vicinity of $1M as it is possible that the terminal may need to be modified.

However, there is evidence to show that relevant screening costs are often far higher than those at larger airports as the costs are effectively spread over a far smaller passenger base. Risk Assessment: The risks for the Shire and the Carnarvon community is that although it is possible to invest in the security arrangements required to receive passenger services involving aircraft greater than 20,000 kg MTOW has been addressed in a submission to the NSW Legislative Assembly’s ‘Inquiry into Regional Aviation Services’, the Australian Airports Association noted as follows: “The resourcing of increasingly busy and complex regional airports is highlighting the cost of compliance and the shortage of skilled personnel in many communities, particularly those in areas of major resource projects. A number of regional airport owners have been struggling to meet the requirements of the new regulations. Aviation security screening and the development of Transportation Security Plans, for example, are new undertakings for these operators. In addition screening activities generally require much greater numbers of staff than were typically required before the new regulations were prescribed. Whilst the Federal Government has in many cases funded the screening equipment it has required to be installed, airport owners are required to meet all other capital and operating costs. These changed regulatory requirements also require significantly more sophisticated airport management skills. Compliance is mandatory and in many cases requires skills, experience and qualifications not available locally. The cost of implementing the new security regulations has been significant, and continues to grow. Given the fixed level of costs, the smaller the airport, the more significant the per passenger cost of compliance, relative to total revenue. Ultimately this cost must be passed on to the passenger and is additional to the already relatively high aeronautical charges required because of the smaller scale of regional airports. The demand paradigm facing regional airports is one which requires very careful consideration of marginal operating costs and revenue. Given the high elasticity of demand for regional air travel, due to the comparatively high fares, which in turn are affected by the low passenger numbers, each marginal dollar of cost borne by passengers through airfares can have a significant impact on the decision to fly or drive. This in turn reduces total revenue without reducing operating costs. In effect this creates a downward spiral of demand and revenue. Ultimately non‐viability of regional routes can become a reality, resulting in services or being withdrawn or downgraded to smaller aircraft. This has happened recently at Wagga Wagga for example with the decision by Qantaslink to downgrade a number of daily services from Q400 (74 seat) to Dash 8 300 (50 seat) aircraft. This is particular concern given the investment in security screening equipment, terminal modifications and operating costs to support to operation of the Q400.” (P9/10) Whilst the risks raised in the Australian Airports Association are relevant to the Carnarvon airport, it is respectfully suggested that the impacts on an area like Carnarvon from a limited or reduced airline service will be far greater than (say) a regional area of NSW - where it is perhaps an inconvenience rather than a significant impediment to the daily life of a relatively isolated community. During an emergency be it fire or flood, aviation services is often the only means of accessing or leaving the town. Accordingly, airline services forms part of the critical infrastructure of Carnarvon.

Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:



1.1.2 Facilitate the opportunities and funding options for niche tourism products and experiences.

Outcome 3.3 Recognition by existing residents of the value and importance of tourism to the local economy.

3.3.1 Target locals in tourism marketing and development strategies improving education and awareness of the importance of the tourism industry to the local economy.

Outcome 5.4 Long-term financial viability.

5.4.2 Maintain a high standard of financial management.

Comment: Consistent with Commonwealth legislation administered by OTS, aircraft weighing less than 20,000 kg MTOW do not require passenger and baggage security screening. If however, Fokker 50 planes were to operate on the Coral Coast route they would be subject to security screening. Neither Carnarvon, nor Shark Bay/Monkey Mia airports currently has security screening facilities in place. To allow landing of such planes the airports would need to make a significant investment in security screening equipment. This would not only take time but would also increase the cost of passenger flights on the route and potentially financially burden the ratepayers. The Fokker 50 (50 seat) has a gross weight of 20,850kg MTOW and is an aircraft used by both Qantas and Virgin/SkyWest. It currently uses the Carnarvon Airport for chartered flights (without security screening) but because it 850kg in excess of the 20,000 kg MTOW, it cannot take RPT passengers as there is no security screening at the airport. Whilst the discussion associated with installing the necessary security screening of RPT passengers and baggage under Commonwealth legislation for aircraft greater than 20,000 kg MTOW is yet to commence, it is reasonable for Council to enquire with the Federal Department of Infrastructure and Regional Development and the Minister to request that for Carnarvon Airport that the MTOW without the necessary security measure be raised to 20,850kg. This would potentially allow aircraft like the Fokker 50 to provide an RPT service to Carnarvon without impacting the community with significant security infrastructure establishment and ongoing operational costs and vitally, would not compromise the principles of air safety in Australia. The impact on not having the 20,850kg MTOW raised is that it could negatively impact upon the community’s chances to have an adequate airline passenger service into Carnarvon.

OFFICER’S RECOMMENDATION

That Council:

1. Request Shire President to write to the Federal Minister for Infrastructure and Regional Development (with a copy to the State of WA Minister for Transport) requesting that for the Carnarvon Airport, the 20,000 kg Maximum Take Off Weight (MTOW) be raised to 20,850kg MTOW thus allowing for an aircraft service using a Fokker F50 (or similar) without the introduction of the necessary security measures required under the Federal Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005, for the reasons expressed in the Shire Report.

Documents

revised caravan parks and camping grounds legislatio