Late Items Agenda of Ordinary Council

Ordinary Council: Agenda

28 January 2020 Page 3

16. URGENT BUSINESS APPROVED BY DECISION

Item: 16.1

Local Planning Scheme No. 24 - Amendment No. 5

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D20/1539

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Lots fronting Twilight Beach Road to the East of Walker Street, West Beach,

Portion of Lot 50 Wylie Bay Road, Bandy Creek

Executive Summary

For Council to consider initiating Amendment 5 to Local Planning Scheme No. 24 to amend the Scheme by amending the Modification of R-Codes provision and introducing a new Special Use on a portion of Lot 50 Wylie Bay Road, Bandy Creek.

Recommendation in Brief

That Council:

1. Amend Local Planning Scheme No. 24 in pursuance of Section 75 of the Planning and Development Act 2005.

2. Determining that the amendment is “standard” under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

“… (c) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission…” and;

“… (g) any other amendment that is not a complex or basic amendment…”

3. Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Background

Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 24 (‘the Scheme’) was published in the Government Gazette on 2 August 2017. Like any such document it is subjected to statutory review and review by Council as circumstances dictate.

The proposed modifications fall into two categories as follows:

1. Clarifying the area that a mandatory 7.5 metre setback applies taking into account current development that has occurred with the area.

2. Insertion of SU8 to reflect the proposed development by Ocean Grown Abalone;

The proposed amendment is consistent with the Local Planning Strategy.

Officer’s Comment

The following is a summary of the points contained within the amendment document and for the sake of clarity, should be read with Attachment A.

The amendment points contained with the attached document are brought to Council as they have a potential to facilitate development that may otherwise not be approved.

Amend Clause 26.(4) by inserting after ‘Twilight Beach Road’ the following ‘to the west of the intersection with Walker Street ’.

This amendment refines the area where a 7.5m setback is established by a provision modifying the R-Codes. Development in the excluded are will still be required to comply with the prevailing R-Code setbacks.

It should be noted that this modification will enable the application of the R-Codes on the affected lots which will assist in reducing the Bushfire Attack Level that is present in the affected area.

Amending Schedule 5 by inserting SU8

Ocean Grown Abalone are currently seeking to establish an aquaculture facility on the southern portion of Lot 50 on DP 411486 Wylie Bay Road.

The proposal is consistent with the Bandy Creek District Structure Plan which identified aquaculture as a land use within the vicinity of the proposed site.

The proposed area of Public Open Space is consistent with the requirements of State Planning Policy 2.6 – State Coastal Planning Policy.

The site had 29 species of flora identified during the flora survey. All species identified are considered to be common to the area.

It should be noted that the Department of Planning, Lands and Heritage – Planning have advised that subdivision of this portion of Lot 50 from the parent title cannot be supported without a change in the zoning.

Consultation

A 42 day advertising period applies for amendment which will commence upon receipt of comments from the EPA.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

N/A

Attachments

a ⇩.

Local Planning Scheme No. 24 - Amendment No. 5

Officer’s Recommendation

That Council:

1. That Council In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

i) Amending Clause 26.(4) by inserting after ‘Twilight Beach Road’ the following ‘to the west of the intersection with Walker Street ’.

ii) Amending Schedule 5 by inserting SU8 with the following:

No.

Description of land

Special use

Conditions

SU8

Ocean Grown Abalone

Portion Lot 50 on DP 411486 Wylie Bay Road, Bandy Creek

As a ‘D’ use:

· Agriculture – Intensive

· Educational Establishment

· Restaurant/café

· Renewable energy facility

As an ‘I’ use:

· Office

· Industry – Light

Other complimentary or non-defined uses considered appropriate by the local government.

a) The portion of Lot 50 on DP 411486 subject to SU8 and the adjacent area reserved Public Open Space may be subdivided from the parent lot.

b) Development is to be in accordance with Schedules 6 and 7 of the Scheme.

c) Development of pipework and incidental pumps and other service is permitted within the portion of the lot reserved as public open space.

d) All signage is to be in accordance with an adopted signs Local Planning Policy or otherwise be exempted by Schedule 10.

e) Unless exempted by subclause c) all development within SU8 shall require development approval.

iii) Amending the Scheme Map by rezoning a Portion of Lot 50 on DP 411486 from ‘Rural’ to ‘SU8’ and ‘Public Open Space’ as depicted on the Scheme Amendment Map.

2. Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(b) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g) any other amendment that is not a complex or basic amendment.

3. Refer Amendment 5 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 January 2020 Page 19

Item: 16.2

Disposal of Esperance Tanker Jetty Grade 4 Timbers

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D20/2102

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider the Expressions of Interest for the Esperance Tanker Jetty grade 4 timber that demonstrate a

Recommendation in Brief

That Council donates all historic Esperance Tanker Jetty Grade 4 Timber to Esperance Men in Sheds Inc.

Background

As part of the deconstruction of the Esperance Tanker Jetty, the historic timber from the Jetty is being salvaged. H+ H Architects, who are Heritage Architects, have been engaged to undertake a Watching Brief for the deconstruction of the Jetty, as per the Heritage Council requirements. As part of the Watching Brief H+H Architects has developed a timber sorting matrix for the classification of timber recovered from the Jetty, through the sorting of the Jetty timbers stored at the depot. From this H+H Architects have come up with four grades to classify the Jetty timbers into.

At the December 2019 Ordinary Council Meeting, Council resolved the following:

That Council endorse the following table of actions, for each grade of historic timber that comes of the Esperance Tanker Jetty:

Timber Grade	Action
4	Expression of Interest to donate historic timber to a community group to manage distribution to the community or others

An expression of Interest was opened to the public with a closing date of the 23 January 2020 at 2.00pm.

Officer’s Comment

There were two expressions of interest received by the deadline that are included in attachment A, as follows:

· YCO Creations; and

· Esperance Men In Sheds.

Given the criteria set by Council for the donation to be to a community group and the response received to the qualitative criteria, it is recommend that Esperance Men in Sheds Inc. be donated all historic Esperance Tanker Jetty Grade 4 Timber.