City of Busseltoh - City of Busselton

c
Application No
Receipt No
01
i .Q
Q CIO ID
r-+*
!"<
co
V)
:3
0
2 0 NOV 2015
CQ
Property ID
City of Busseltoh
Retention
.^
^ec^-iuAe. ^.^
CITY OF BUSSELTON
LOCAL PLANNING SCHEME No. 21
AMENDMENT No. 17
Lot 2761 Commonage Road, Quindalup
Doc ID
—h
ro]
a»
co
City of Bussehon
. f i\
i^ec^rkU^e- ^4^
Cl
CITY OF BUSSELTON
LOCAL PLANNING SCHEME No. 21
AMENDMENT No. 17
Lot 2761 Commonage Road, Quindalup
Prepared by:
Mr Tim Koroveshi
Town Planning Consultant
64 Espinos Road, Busselton WA 6280
T: 9753 3262 / 0458509523
E: timkoroveshi@westnet.com.au
Planning & Development Act 2005
RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME
City of Busselton
Local Planning Scheme 21
Amendment No 17
Resolved that Council, in pursuance of section 75 of the Planning and Development Act 2005,
amend the above Local Planning Scheme by:
1. Zoning portion Lot 2761 Commonage Road, Quindalup from Public Purpose Reserve
(Drain) to Agriculture;
2.
Amend Schedule 3 - Special Provision Areas of the Scheme Text to include the subject
land within the Schedule as follows:
No
60
Particulars of Land
Zone
Lot 2761 (Vol 2214
& Folio197)
Agriculture
Commonage
Road, Quindalup
Special Provisions
1. That Council may approve the use of up
to, but not more than, 15% of caravan sites
developed on-site with no restriction on
length of stay. The remainder of caravan
sites shall be for short-stay use only and
subject of length of stay restrictions to no
more than 3 months in any 12 month period.
2. The caravan sites provided for use on an
unrestricted length of stay basis shall be
proportionate to the total number of shortstay caravan sites developed at any given
time.
3. Upon Gazettal of Scheme Amendment No
17, sites to be utilised on an "unrestricted
length of stay" basis are to be clearly
identified by lodgement and approval of an
application for planning approval.
3. Amending the Scheme Map accordingly.
Dated this .............................day of.
.20.
Michael Stephen Lee Archer
CHIEF EXECUTIVE OFFICER
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0
BACKGROUND
3.0
PROPOSAL
1
2
4.0 CITY OF BUSSELTON STATUTORY/POLICY IMPLICATIONS 4
5.0 WESTERN AUSTRALIAN PLANNING COIVIBfllSSION POLICY IMPLICATIONS 8
6.0 CARAVAN PARK AND CAMPING GROUNDS REGULATIONS / CARAVAN
PARK AND CAMPING REGULATIONS 1997 10
7.0
CONCLUSION
10
DUNSBOROUGH LAKES HOLIDAY RESORT AND
CARAVAN PARK - PROPOSAL FOR 15% PERMANENT
STAY SITES - LOT 2761 (HOUSE 29) COMMONAGE ROAD,
QUENDALUP
1.0 INTRODUCTION
The subject property currently contains the Dunsborough Lakes Holiday Resort and Caravan
Park. The park was established by the current owner and it has been operational now for
over 20 years.
The park serves an important component of Dunsborough's and the surrounding areas
tourist accommodation needs at this level of accommodation being the only caravan park in
the area. It also accommodates most of the school leavers visiting the area every year. So it
serves a very important function.
The City of Busselton recently undertook a review of this park (the City is apparently
reviewing all caravan parks within its boundaries) and an outcome of this review is that the
City believes that no approval has been issued for permanent stay accommodation.
The owner/operator, who originally developed the park and has operated it ever since recalls
submitting and receiving approval to accommodate up to 15% permanent stay residents
approximately 19 years ago. The owner's personal records in this regard were destroyed in
an on-site accident. The City of Busselton advise that it has no record of any such approval.
Based upon the situation at hand, the owner/operator had the opportunity to challenge the
City of Busselton position or to essentially seek re approval via a scheme amendment
process. The owner/operator has chosen the scheme amendment option. In response, it is
hoped that this conciliatory approach is acknowledged by the City of Busselton given the
overall circumstances.
It is therefore respectfully requested that this scheme amendment be progressed in
accordance with recent discussions/agreements with City of Busselton staff.
2.0 BACKGROUND
Planning approval for a caravan park and camping establishment for this site was issued by
the then Shire of Busselton on 19 April 1 993 for 220 caravan and 30 camping sites. The
approval was also for a manager's residence, kiosk and associated facilities. The caravan
park was developed almost immediately following approval and therefore it has been
operational for many years.
3.0 PROPOSAL
The intent of this scheme amendment is to allow up to 15% of caravan sites to be utilised for
permanent stay accommodation. It also proposes correcting an anomaly by zoning a Public
Purpose Reserve (Drain) to Agriculture, which will be explained in more detail later in this
report.
In relation to the matter of permanent stay accommodation, it is currently achieved via either
a development application and/or via a scheme amendment.
Clause 5.18.2 of Local Planning Scheme 21 allows such a process to occur via a
development application. The clause reads as follows:
"5.18.2 Notwithstanding the provisions of clause 5.18.1 and subject to consideration of the
need to make available adequate tourist accommodation the local government may grant
planning approval for permanent occupancy of up to 15% of caravan sites within a caravan
park only on land in the Residential zone or Tourist zone."
The subject land is currently predominately zoned Agriculture and therefore this process is
not available to achieve permanent stay accommodation. The City of Busselton has
indicated that an alternative option is via a scheme amendment. A similar amendment
(Amendment 171 to City of Busselton Town Planning Scheme) has recently been endorsed
for the abutting yet to be developed Lot 21 Commonage Road, Quindalup.
In regard to permanent stay accommodation within caravan parks, it should be noted that
there have been 3 local planning schemes and various policies in place over the 20 or so
year existence of this caravan park which all had varying requirements relating to this matter.
For instance, Town Planning Scheme No 5, the operational scheme at the time of approval,
under Clause 3.2.4 (b) read as follows:
"3.2.4 (b) Notwithstanding the provisions of paragraph (a), the Council may permit the
permanent occupancy of not more than 15% of caravan sites within a caravan park
registered under the Local Government Motel By-Laws (Caravan Parks and Camping
Grounds) No 2, subject to such conditions Council considers necessary."
Therefore, under this version of legislation, permanency could be achieved in any caravan
park and in any zone via a devetopment/use approval application. This is in fact what the
owner/operator recalls submitting and receiving approval for from the then Shire of
Busselton.
This position changed with the introduction of Town Planning Scheme 20 on 7 September
1999 which reads similar to the current LPS 21. The introduction of Scheme 20 was several
years after the owner/operator recalls obtained approval for permanents.
Regardless of these facts, the owner has decided to seek a subsequent approval for
permanents to essentially remain in business and to continue to provide a unique, low cost
and much needed accommodation facility within the Dunsborough area.
To accommodate permanent stay residents via a scheme amendment process Schedule 3
Special Provision Areas of LPS 21 is adjusted to include the subject site and appropriate
wording.
The following wording would normally be used in such circumstances and included as a
Special Provision within LPS 21. In the case of this application, Special Provision number 60
has been allocated by the City of Busselton,
"1. The Council may approve the use of up to, but not more than, 15% of caravan sites
developed on-site with no restriction on length of stay. The remainder of the caravan sites
shall be for short-stay use only and subject of length of stay restrictions limiting occupancy to
no more than 3 months in any 12 month period.
2. The caravan sites provided for use on an unrestricted length of stay basis shall be
proportionate to the total number ofshort-stay caravan sites developed at any given time.
3. Caravan sites to be utilised on an unrestricted length of stay basis are to be clearly
identified via a planning approval stage, and shall be consolidated into one or more positions
of the site so as to effectively manage any potential conflict between short-stay and
unrestricted stay occupants. "
In the case of this scheme amendment, point 3 has been modified following discussions with
City of Busselton staff. As part of this amendment it is intended to read as follows:
"3. Caravan sites to be utilised on an unrestricted length of stay basis are to be clearly
identified via a planning approval stage."
The standard wording of condition 3 is acceptable and can easily be accommodated for
undeveloped caravan parks like the proposed park on the adjacent Lot 21, however it is
impractical in relation to existing parks as is the case here.
In this regard, investigations indicate that the normal process of accommodating permanent
stay residents within caravan parks is for those residents to select a site, purchase a park
home and sign a lease with the owner to accommodate a site. Apparently in most existing
parks it is essentially the choice of the proposed tenant rather than that of the
owner/operator. This fact wilt become more relevant to the City of Busselton during its
investigation of all parks within the City boundaries as it has been suggested will occur.
Therefore, in this case, and in the case of probably all other long established caravan parks
being investigated by the City of Busselton, there will be a spread of permanent
residents/sites that are unlikely to comply with the intent of the normal wording of point 3 in
relation to separation. To attempt to satisfy such a requirement in all parks being
investigated would be a very complicated and difficult exercise, potentially disruptive and
expensive, and in reality unfair and unnecessary given the overall circumstances. Support: in
this regard is therefore respectfully requested.
4.0 CITY OF BUSSELTON STATUTORY/POLICY IMPLICATIONS
4.1 CITf OF BUSSELTON LOCAL PLANNING SCHEME NO 21
4.1 ZONES
The majority of the subject land is zoned Agriculture under LPS 21.There is also a portion of
the site running along its southern boundary which is identified as Public Purpose Reserve
(Drain). Upon investigations with the City of Busselton, I am advised that this Reserve is an
anomaly and it is not required. The City further advised that this Reserve will be removed as
part of an omnibus amendment the City is about to endorse and forward to the Western
Australian Planning Commission for its endorsement. The subject land will be zoned
Agriculture as part of that process. However the City has also requested that this
amendment include removing the Reserve and zoning that land Agriculture. The attached
zoning map reflect this requesVrequirement.
TABLE 1 - ZONE OBJECTIVES & POLICIES
The objectives and policies of the Agriculture zone under LPS 21 obviously primarily aim at
protecting the agricultural capacity of the land. This is a logical aim for normal agriculturally
productive land however in this case the site has already been developed as a caravan park
and camping area. A portion of the overall site remains undeveloped and is currently utilised
for grazing however not on a financially viable basis. It is more just to control weeds and
limited pasture.
In this part: of an amendment report I would normally assess the proposal against the
objectives and policies of the particular zone. As the caravan park has already been
approved/established the City of Busselton obviously considers that the caravan park has
met the objectives and policies of the zone in relation to this property. A percentage of
permanent occupation is simply essentially a use change and therefore further assessment
against the objectives and policies is not considered necessary.
4.3 ZONING TABLE / TABLE 1 - ZONING TABLE / PART 13 - SCHEDULES
SCHEDULE 1 INTERPRETATIONS
As already stated, this application is seeking to allow 15% of approved caravan sites to be
utilised for permanent stay accommodation and to change the status of the current Reserve
by zoning that land Agriculture.
A caravan park is defined as follows under LPS 21 :
"Caravan Park & Camping Grounds means a property licensed for the placement of
caravans and may also include camping sites."
Caravan Park & Camping Grounds is an "A" use in the Agriculture zone. A uses are defined
as follows:
"A means that the use is not permitted unless the local government has exercised its
discretion by granting planning approval after giving special notice in accordance with clause
10.4;"
Clause 10.4 normally means advertising the proposal in a local newspaper and potentially
referring the application to abutting landowners and to relevant government departments
prior to any formal decision being made.
The abovementioned processes in relation to related development applications and
advertising of them have already gone through the process. Advertising will again occur with
this current proposal which is a normal part of a scheme amendment process.
It is respectfully requested that I and/or the landowner have the opportunity to respond to
any issues raised during this referral/advertising period prior to any final decision being
made.
5.10 WATER SUPPLY / 5.11 EFFLUENT DISPOSAL
The subject site is connected to a reticulated water and effluent disposal system.
5.18 PERMANENT/RESIDENTIAL OCCUPATION OF TOURIST DEVELOPMENTS
Clause 5.18.1 is the clause under LPS 21 that controls short stay accommodation and it
reads as follows:
"5.18.1 No person shall occupy a tourist accommodation unit, chalet, caravan, camp or any
other form of tourist accommodation for more than 3 months in any one 12 month period."
Clause 5.18.2 has already been discussed relating to permanent use of caravan sites.
4.2 CITY OF BUSSELTON POLICES
Several planning policies are of relevance to this application as identified below:
RURAL TOURIST ACCOMMODATION POLICY
This policy is essentially a general guide for development of different forms of rural tourist
accommodation proposals. It does not deal with permanent stay accommodation.
CAR PARKING PROVISONS
This policy provides a guide to developers and the general public in relation to the City of
Busselton car parking requirements for different forms of development. It includes the land
use Caravan Park/Chalet Park/Tent Park and specifies car parking at 1 per site plus 1 visitor
space per 4 units. (Interestingly in comparison the Caravan Parks and Camping Grounds
Regulations 1997 require visitor bays at 1 bay per 20 caravan sites).
Permanent stay and short stay accommodation are not differentiated in this regard under the
policy so there are no further requirements.
TRAFFIC ASSESSMENT POLICY
This policy requires either a Traffic Statement or Traffic Impact Assessment for various types
of development depending upon the scale of development. No additional development
and/or car parking is intended/required by this scheme amendment and therefore there is no
need for a traffic assessment.
CIFf OF BUSSELTON LOCAL RURAL PLANNING STRATEGY 2006
The subject land is located within Precinct 5 - Central Rural under the abovementioned
document.
The strategy acknowledges existing tourist uses within this precinct including along
Commonage Road and on the periphery of urban areas. I would suggest that the document
is specifically referring to this park as it is the only one in this vicinity that has been
developed and is operational.
The precinct vision is as follows:
"To retain the rural wedge (including coastal buffer) between Busselton (west ofBussell
Highway) and Dunsborough (east of Commonage Road) and support primary agricultural
land use an associated rural-based tourist development in a manner that sustains the
existing natural environment, landscape values and character of the area."
The strategy does not discuss the subject of permanent accommodation in relation to tourist
accommodation.
CITf OF BUSSELTON LOCAL TOURISM STRATEGY 2011
This strategy essentially discusses various matters associated with existing tourist facilities
within the City of Busselton boundaries and separates these facilities into strategic and nonstrategic sites. The subject site is not specifically mentioned in this document. It does
acknowledge however that "154 permanent residents have been required to find alternative
accommodation" ^ with the redevelopment of the Acacia and Amblin Caravan Parks.
Interestingly in this regard, the owner/operator of the subject caravan park advises that he
was approached by both Councillors and City of Busselton staff at the time encouraging him
to accommodate as many of these people as possible. One would assume then that this fact
clearly acknowledges that Councillors and staff at the time considered that the park had
approval to accommodate permanent residents.
The strategy acknowledges the RTAP in guiding development of caravan parks in rural
areas and the success of the policy.
The strategy also makes the following comment under Part 3.12:
"3.12 Support a change to District Town Planning Scheme 20 (Clause 43 (2)) to permit
consideration of up to 15% of caravan sites for permanent occupancy in caravan parks
abutting or adjoining urban zones. "
The subject caravan park abuts the larger Dunsborough urban area and therefore this
proposal clearly meets this criteria.
9B BUSH FIRE PRORECTION LOCAL PLANNING POLICY
This policy was introduced by the City of Busselton to essentially assist in determining
various forms of planning applications in relation to fire safety. It mainly centres on actual
development of land rather than what is being proposed here which is essentially a change
of use from short stay to permanent stay and only for 15% of existing approved caravan
sites.
The site complies with all current fire control requirements. This fact is further emphasised
as it was not a matter raised in the recent City of Busselton review of the park.
5.0 WESTERN AUSTRALIAN PLANNING COMMISSION POLICY
IIVIPLICATIONS
WAPC PLANNING BULLETIN 83/2013 PLANNING FOR TOURISM
This document is essentially a guide to assist in preparing and assessing applications for
subdivision, development and scheme amendments relating to tourism proposals.
This document covers a wide range of issues including general location criteria for tourist
uses including accessibility, uniqueness, setting and other such matters. This document is
also written on a relatively broad scale and is essentially fine-tuned in relation to tourist
development within the City of Busselton by the LTPS and for rural areas the RTAP.
The bulletin makes the following comment in regard to permanent accommodation of tourist
sites:
"For permanent residential use, local governments may set a percentage limit within their
local planning strategy or local planning policy to guide residential development."
As already stated, LPS 21 and the LTS allow for consideration of up to 15% of caravan sites
to be utilised for permanent accommodation within caravan parks.
LEEUWIN-NATURAUSTE RIDGE (Statement of Planning Policy)
Under this policy the subject land is included within the Agriculture and Rural Landscape
designation. Although identified for agricultural purposes the policy clearly states that it
generally does not have the high capability for intensive agriculture apart from grazing. Rural
landscape in this case appears to refer to the essentially rural use of the land rather than any
environmentally significant features.
The policy refers to a scattering of tourist developments within the area which are referred to
as low-key and relatively unobtrusive. I would strongly suggest that the subject caravan park
is one of these three referred to. The policy also acknowledges opportunities for tourist
facilities within this designation.
The policy also identifies both Commonage and Caves Roads as Existing Strategic Roads.
The policy essentially aims at protecting the landscape value of land within the road view
scape of Caves Road and Cape Naturatiste Road with no specific mention of Commonage
Road or other roads in this regard.
Notwithstanding, as no new development is proposed by this amendment there will no
changes to the existing situation in relation to the aims of the LNRSPP.
6.0 CARAVAN PARK and CAEVIPING GROUNDS ACT 1995 /
CARAVAN PARK and CAMPING GROUNDS REGULATIONS 1997
The Caravan Park and Camping Grounds Act 1995 essentially deals with the operation of
caravan parks including license requirements, fines for breaches, etc. It is not relevant to
what this application is aimed at achieving.
Schedule 7 of the Caravan and Camping Grounds Regulations 1997 essentially outlines
requirements for caravan park and camping ground layout and development. There are
numerous matters to consider here including minimum setbacks between vans/park homes
and annexes, additional permissible buildings (i.e. manager's residence, office, and shop),
roads and parking, etc.
Part 5A of this document restricts peoples stay to 28 days within a 3 month period except for
a manager. The only other reference to length of stay in this document is Part 43 which
refers to long stay sites and tap water connection.
7.0 CONCLUSION
This scheme amendment essentially seeks approval to utilise up to 15% of caravan sites
within the Dunsborough Holiday Resort and Caravan Park for permanent stay
accommodation, similar to what has recently been approved on the abutting Lot 21
Commonage Road, Quindatup via Amendment 171 to TPS 20.
The amendment also seeks to zone the portion of the site identified as Public Purpose
Reserve (Drain) to Agriculture.
City of Busselton continued support to progress this amendment is respectfully appreciated
as will the Western Australian Planning Commission's final endorsement in due course.
10
PLANNING AND DEVELOPMENT ACT 2005
CITf OF BUSSELTON
LOCAL PLANNING SCHEME No. 21
AMENDMENT No. 17
The City of Busselton under and by virtue of the power conferred upon it in that behalf by the
Planning and Development Act 2005 hereby amends the above Local Planning Scheme by:
1. Zoning portion Lot 2761 Commonage Road, Quindalup from Public Purpose Reserve
(Drain) to Agriculture;
2. Amending Schedule 3 - Special Provision Areas of the Scheme Text to include the
subject land within the Schedule as follows:
No
60
Particulars of Land
Lot 2761 (Vol 2214
& Folio 197)
Zone
Special Provisions
Agriculture
1. That Council may approve the use of up to, but
not more than, 15% of caravan sites developed
on-site with no restriction on length of stay. The
remainder of the caravan sites shall be for short-
Commonage
Road, Quindalup
stay use only and subject of length of stay
restrictions to no more than 3 months in any 12
month period.
2. The caravan sites provided for use on an
unrestricted length of stay basis shall be
proportionate to the total number of short-stay
caravan sites developed at any given time.
3. Upon Gazettal of Scheme Amendment No. 17,
sites to be utilised on an "unrestricted length of
stay" basis are to be clearly identified by
lodgement and approval of an application for
planning approval.
3. Amending the Scheme Map accordingly.
CITY OF BUSSELTON
LOCAL PLANNING SCHEME No. 21
AMENDMENT No. 17
Legend:
RESERVES
^
Recreation
Public Purpose
D Denotes: Drain
1263
ZONES
Residential
Agriculture
DLDA | Special Purpose
22
DLDA Denotes : Dunsborough Lakes
Development Area
EXISTING ZONING
OTHER
I-
I Special Provision Area
1--J
r--i
--1
Additional Use
R Codes
11 II II II'
Landscape Value
Wetland
Floodway
Special Character Area
22
PROPOSED ZONING
726
SCALE 1 :10000 @ A4
ADOPTION
Adopted by resolution of the Council of the City of Busselton at the Meeting of the Council held
on
the...............
day
of....................................20.
Grant Douglas Henley
MAYOR
Michael Stephen Lee Archer
CHIEF EXECUTIVE OFFICER
FINAL APPROVAL
Adopted for final approval by resolution of the City of Busselton at the Meeting of the Council held
on the........................day of...........................20.. and the Common Seal of the City of
Busselton was hereunto affixed by the authority of a resolution of the Council in the presence of:
Grant Douglas Henley
MAYOR
Michael Stephen Lee Archer
CHIEF EXECUTIVE OFFICER
Recommended/Submitted for final approval
Delegated under S. 16 of the
Planning & Development Act 2005
Date.
Final Approval Granted
MINISTER FOR PLANNING
Date.
ATTACHMENT 1
CERTIFICATE OF TITLE
REGISTER NUMBER
2761/DP26681
DHPI.ICATB
DATE DUPLICATE ISSUED
N/A
N/A
EDH'ION
WESTERN
AUSTRALIA
RECORD OF CERTIFICATE OF TITLE
VOLUME
UNDER THE TRANSFER OF LAND ACT 1893
2214
FOLIO
197
The person described in the first schedule is the registered proprietor of an estate in fee simple in Hie land described below subject to the
reservations, conditions and depth limit contained in the original grant (if a grant issued) and to the limitations, interests, encumbrances mid
notifications shown in the second schedule.
^JA—
REGISTRAR OF TFTLES
LAND DESCRIPTION:
LOT 2761 ON DEPOSITED PLAN 26681
REGISTERED PROPRIETOR:
(FIRST SCHEDULE)
HERBERT EUGEN SCHAAL OF DUNSBOROUGH LAKES CARAVAN PARK, CORNER COMMONAGE ROAD AND
CAVES ROAD. DUNSBOROUGH
(A H921045 ) REGISTERED 8 NOVEMBER 2001
LIMITATIONS, INTERESTS, ENCUMBRANCES AND NOTIFICATIONS:
(SECOND SCHEDULE)
1. F005480 EASEMENT BURDEN SEE INSTRUMENT F5480. REGISTERED 6.10.1992.
2. Fl 14612 MORTGAGE TO AUSTRALIA & NEW ZEALAND BANKING GROUP LTD REGISTERED
19.2.1993.
Warning: A current search of the sketch of the land should be obtained where detail of position, dimensions or area of'the lot is required.
* Any entries preceded by an asterisk may not appear on the current edition of the duplicate certificate of title.
Lot as described in the land description may be a lot or location.
-END OF CERTIFICATE OF TITLESTATEMENTS:
The statements set out below are not intended to be nor should they be relied on as substitutes for inspection of the land
and the relevant documents or for local government, legal, surveying or other professional advice.
SKETCH OF LAND: DP26681.
PREVIOUS TFTLE: 1535-386.
PROPERTY STREET ADDRESS: 29 COMMONAGE RD, QUTNDALUP.
LOCAL GOVERNMENT AREA: CITY OF BUSSELTON.
NOTE 1: A000001A
THIS LOT/TITLE CREATED AFTER PORTION OF THE LAND TAKEN FROM THE
FORMER LOT WITHOUT PRODUCTION OF THE DUPLICATE TFTLE BY TAKING
ORDER H907231. CURRENT DUPLICATE FOR THE WITHIN LAND IS STELL VOL. 1535
FOL. 386.
NOTE 2: J749317
NOTES: K892456
DUP C/T NOT PRODUCED FOR DOCUMENT J749317
DEPOSITED PLAN 62252 AS TO INTEREST ONLY LODGED
LANDGATE COPY OF ORIGINAL NOT TO SCALE Tue Jun 23 11:10:49 2015 JOB 48102212
www.landgate.wa.gov.au