DEVELOPMENT ASSESSMENT UNIT Minutes of the Development Assessment Unit

Shire of Augusta Margaret River On 7 March 2017

ATTENDANCE Chris Wenman, Johan Pienaar, Kim Nolan PLANNING APPLICATIONS RECEIVED

Date Rec’d

Assess No.

Address Proposal DA No.

27/02/2017 A4671 1 (Lot 89) Edward Place, Margaret River

Holiday House P217145

28/02/2017 A10618 4 (Lot 824) Magpie Street, Margaret River

Dwelling and Ancillary Dwelling P217147

01/03/2017 A4452 Reserves - Location 3698 Rendall Close, Margaret River and Lot 131 Barrett Street, Margaret River

Local Law Permit - Stand Up Paddle Lessons

P217150

01/03/2017 111 (Lot 500) Bussell Highway, Margaret River

Change in Use from Shop to Amusement Parlor

P217151

01/03/2017 A11020 Surfers Point and Rivermouth carparks (Reserve 41545)

Amendment of local law permit mobile food business

P217152

03/03/2017 A12022 6 (Lot 200) Frohawk Loop, Margaret River

Bed & Breakfast P217153

03/03/2017 A10852 21 (Lot 117) Lloyd Loop, Margaret River

Dwelling Additions (Verandah) P217154

03/03/2017 A2173 56 (Lot 22) Sabina Drive, Molloy Island Dwelling and Workshop P217155 03/03/2017 A6441 Unit 1/21 (lot 69) Baudin Drive,

Gnarabup Holiday House (Renewal) P217156

BUILDING LICENCE APPLICATIONS RECEIVED Date Rec’d

Assess No.

Address Proposal BLDG No.

03/03/2017 A12110 20 (Lot 320) Formosa Street, Margaret River

Single Dwelling 217095

03/03/2017 A11175 13 (lot 400) Pimelia Drive, Margaret River

Two Storey Dwelling 217098

01/03/2017 A3103 22 (Lot 2) Georgette Way, Prevelly Additions to Single Dwelling and Carport

217093

01/03/2017 A9261 17 (Lot 97) Sanctuary Circle, Cowaramup

Single Dwelling 217094

28/02/2017 A2599 8005 (Lot 319) Bussell Highway, Cowaramup

Carport and Verandah 217091

28/02/2017 A12340 Reserve 29668 Lot 380 Hillview Road, Augusta

Shed 217092

27/02/2017 A12086 Lot 215 Coracina Ave, Witchcliffe Single Dwelling 217088 27/02/2017 A12043 64 (Lot 582) Tunbridge Street,

Margaret River Single Dwelling, Garage and Studio

217089

SUBDIVISIONS DETERMINED

Date Rec’d

Officer DA No. Address Description of Matter Recommendation

LEVEL 1 APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

26/10/2016 Lara Hoole

Lot 3 Darch Road, Margaret River

Dwelling & Water Tank Cancelled P216594

06/12/2016 Lara Hoole

27 (lot 228) Dalton Way Molloy Island

Holiday House Approved P216707

08/12/2016 Angela Satre

53 (Lot 18) Dallip Spring Rd Burnside

Holiday House (Large) Approved P216718

04/01/2017 Matt Slocomb

28 (Lot 6) Claret Ash Court Gracetown

Building Envelope Variation

Approved P217001

05/01/2017 Matt Slocomb

23 (lot 61) Freycinet Way Gnarabup

Holiday House (Large) Approved P217012

11/01/2017 Angela Satre

Lot 62 Darnell Rd Rosa Brook Agriculture Intensive (Orchard & Access Track)

Approved P217027

LEVEL 2 APPLICATIONS for determination under delegation Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

22/11/2016 MS Lot 24 Formosa Street, Margaret River

Grouped Dwelling and Bed and Breakfast

Approve P216648

29/11/2016 JP Reserve 8428 (North Point), Gracetown

Amendment to Planning Approval P215478, to include North Point, Gracetown in the 2017 Margaret River Pro Surfing Event

Approve P216671

LOCAL LAW PERMITS Date Rec’d Officer Address Proposal Outcome DA No.

OTHER APPLICATIONS determined under delegation

Date Rec’d

Officer Address Proposal Outcome DA No.

COMPLIANCE

Date Rec’d

Officer Address Proposal Outcome DA No.

ELECTED MEMBERS ATTENTION

Date Rec’d

Officer Address Proposal Outcome of DAU Meeting

DA No.

CLOSURE OF MEETING

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services

Proposed Grouped Dwelling and Bed and Breakfast at 27 (Lot 24) Formosa Street, Margaret River Major (Level 2) P216648; PTY/12124

REPORTING OFFICER : Matt Slocomb DISCLOSURE OF INTEREST : Nil

General Information Lot Area 200m² Zone Residential R30/40 Proposed Development Planning approval is sought for a two storey grouped dwelling and Bed

and Breakfast. The ground level is intended to be used for short stay purposes, whilst the owner will reside on the upper floor.

Permissible Use Class ‘D’ Heritage/Aboriginal Sites Nil Encumbrance Strata Interests and Drainage Easement – Not Impacted Date Received 22/11/2016

Policy Requirements

Is the land or proposal referred to in any Council Policy? ☐ Yes √ No Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No If yes, state the Policy/Policies Detailed Area Plan – Lot 320 Higgins Street, Margaret River 2015

Officer Comment

An excerpt of the Detailed Area Plan applicable to the subject site is provided below:

As assessment against the design requirements is provided as follows:

Design Element Comment Open Space/Outdoor Living Min open space requirement is 45%. Complies (51.45% provided) Mandatory covered outdoor area with 2/3rds without roof.

Complies (46.75% coverage provided)

Transportable Dwellings Transportable dwellings not permitted. N/A Dwelling Orientation Dwelling to address the primary street. Complies.

Front elevation shall consist of front door and at least one major opening to a habitable room overlooking the street.

Complies (Bed 1)

Dwelling abutting Public Open Space shall have one or more major opening to a habitable room and outdoor living area facing POS.

Complies (Outdoor Living and Balcony)

Outdoor living areas located on the northern side. Complies.

Minimum 1 habitable room (not bedroom) located on the northern side.

Living Area located on northern side of both floors.

Vehicle Access and Garage/Carports 2 onsite car parking spaces. Complies. Unless otherwise approved by the Shire, all garage and carports shall be located in the position shown on the DAP.

Complies.

Maximum crossover width is 4.8m. Complies. Balconies Encouraged on any upper floor facing the POS. Complies. Utilities, Facilities and Outbuildings All screened from public views from POS and street.

Complies.

Sustainable Design Gas boosted or solar hot water system and or an array of solar photovoltaic panels are to be installed on the north facing rooves.

Heat Pump provided, which is considered an appropriate alternative from an emissions perspective.

3,000 rainwater tank to be provided and plumbed to dwelling.

Complies.

Achieved current BCA +1/2 rating. To be assessed at Building.

Include water efficient appliances. To be assessed at Building. Materials Brick and cement render, rammed earth, stone or limestone, natural timber, colorbond/mini orb, fibre cement, concrete and various wall cladding products permitted.

Complies.

Carports/Garages same material as dwelling. Complies. Roof may consist of steel or metal, tiles or slate and complimentary colour to dwelling.

Complies.

No unpainted or highly reflective materials permitted.

Complies – roof to be clad in Shale Grey, although reflective it is not ‘highly’ reflective like zincalume.

Fencing Fencing forward of the building adjacent to the street shall be rendered masonry and visually permeable above 1.2m.

Complies.

Uniform open style fencing on Lots 22-30, maintained and repaired and responsibility of lot owners.

Noted.

Earthwork and Retaining Walls Minimize earthworks. Complies. Lots shall be filled no more than 0.5m above the level of adjoining roadway.

Complies.

Any proposed building adjacent to a retaining wall, installed by the developer, must receive approval from a certified structural engineer to assure function and integrity of the wall and footings are maintained.

Will be determined at Building Stage.

The following setbacks are applicable to this application:

Street / Boundary Setback (Min)

Applicable Lots

Setback Provided

Officer Comment

Communal Street (Primary) Dwelling 1.5m Applies to all

Lots 1-19 and 22 - 30

1.9m Complies

Garage 2.5m 2.9m Complies

Porch, veranda, balcony

0.5m 5.57m Complies

Side Lot Boundary

Setback (Min)

Applicable Lots

Setback Provided

Officer Comment

Side Boundary Ground floor (northern)

1.5m (see note 1) *

Applies to all Lots

1m Variation

Upper floors (northern)

1.5m * 1.5m Complies

Ground floor (southern)

As per R/Codes (see Note 2)

1.3m Complies

Upper floors (southern)

1.0m (except lots 18-20 as per the R-Codes)

1.3mm Complies

Notes: 1. A wall may be built up to the northern lot boundary behind the street setback line for a total length of 7m as illustrated on the indicative building footprint plan for all lots. The height of the wall built up to the lot boundary to be determined as per the 'deemed to comply' requirements of the R-Codes. 2. A wall may be built up to the southern lot boundary for a total length dictated by the front and rear setbacks as illustrated on the indicative building footprint plan for all lots. The height of the wall built up to the lot boundary to be determined as per the 'deemed to comply' requirements of the R-Codes. *Setback to the edge of the eaves.

Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A Have agency or authority comments been received? ☐ Yes √ No ☐ N/A Has the application been referred to internal departments? ☐ Yes √ No ☐ N/A Name Nature of Submission Officer Comment

WALSEL Pty Ltd. Support.

Noted.

Debra & Steven Jones (Owner of Lot 23 Formosa St – Southern Adjoining Site).

Object. Owners work in the Tourism Industry and are trying to get break from industry when at home. Currently live adjacent to a Bed and Breakfast doesn’t want different

The capacity or otherwise to allow short term uses such as a Bed and Breakfast is determined by the Shires Local Planning Scheme. This is a discretionary use in this zone, but generally these uses operate

people in the neighborhood on a day to day basis. Object on basis that owner will benefit from strata property and all owner’s contribution to upkeep of the area. If approved, all properties in strata will be approved as short stay which is different to the outcome envisioned. If owners were aware this use could be approved they would not have bought the property.

with less issues than a standalone holiday house given that the owner resides on the premises to manage the use. Strata by-laws can initiate specific provisions around short stay use but generally speaking the use in the case (a two-bedroom dwelling) will be commensurate or less than the intensity expected of a dwelling.

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes Are R Codes applicable? √ Yes ☐ No

Design Element Policy / R Codes Req

Provided Officer comment

Overlooking 7.5m 1.6m See Comment Below. Overshadowing 35% 62% See Comment Below. Other Variations ☐ Yes ☐ No Officer’s Comments against performance criteria

Visual Privacy The western elevation of the proposed outdoor living area and balcony is setback between 1.6m and 2.1m from the northern and southern adjoining properties being a variation to the 7.5m cone of vision requirement. The following justification has been provided against the Design Principles of Design Element 5.4.1: The extent of overlooking will not affect adjacent major openings or visually

sensitive areas given the minor areas of intrusion located to the rear/corners of the respective sites;

Given the outlook of the lots (over adjacent karri forest), overlooking which may occur from the will be of an incidental nature and will not be direct, therefore unlikely to have a significant impact on the adjoining properties.

The proposal will provide increased passive surveillance of the adjacent reserve and comply with the relevant requirements of the Detailed Area Plan.

The adjoining neighbors have indicated no objection to the proposal. Overshadowing The proposal involves a substantive variation to the 35% overshadowing limit which applies to R40 coded lots, cast a shadow of 62% over the southern adjoining property. Its acknowledged that the shape, orientation and small lots sizes make it difficult to achieve optimum solar layout of a development. It is inevitable that dwellings will cause overshadowing onto adjoining properties however it is important than solar access is maintained for all dwelling as far as reasonably practicable. The upper storey of the proposed grouped dwelling is stepped back from the adjoining property boundary to reduce overshadowing and coincides with the built area on the southern lot, additionally it complies with the setbacks required as a part of the Detailed Area Plan. The overshadowing of the proposed building will predominately fall across the first floor of the adjoining dwelling to the south at midday 21st June (as depicted at Figure 1). Of the ground floor, the only habitable area which will be impacted is the pool area. The north facing elevation on the ground floor does not contain any major openings. The main outdoor living area of the southern adjoining property is a first floor outdoor living space. As seen in Figure 2 below, given the extent of retaining proposed by the southern adjoining property, the shadow cast of this area is minimal. Given that the main habitable spaces are located on the upper floor; it is considered that the proposal will not adversely affect the southern adjoining property owners northern access.

Figure 1: Line of shadow cast from Dwelling (Streetscape View)

Figure 2: Line of shadow cast from Dwelling (Rear View) In addition to the above, the southern adjoining owner did not object to this variation which was advertised to them.

Development Standards (Schedule 9) Are the development Standards applicable? ☐ Yes ☐ No

Officer Comment In accordance with the Scheme, cooking facilities are not to be provided in a Bed and Breakfast. On the ground floor a cooktop has been indicated on the plans accordingly this aspect will need to be removed from the proposal via a condition of planning approval.

Car Parking LPS1 / R Codes Requirement

Car Bays Required - 2 Car Bays Proposed - 2

Dimensions 2.5 x 5.5m √ Complies ☐ Doesn’t Comply Turning Bay/Circles and vehicle maneuvering √ Complies ☐ Doesn’t Comply

Disabled Bays Disabled Bays – N/A ☐ Complies ☐ Doesn’t Comply Officer Comment

Complies.

Building Height Scheme / Policy Requirement Wall – 7m Roof - 8m State the proposed building height Wall – 7.5m

Roof – 7.5m

☐ Complies √ Doesn’t Comply

Officer Comment

The proposal involves a wall height variation of 7.5m which relates to the eastern end of dwelling. It is to be noted that this is not sought consistently across the site, but rather in association with the fall in topography. For this reason, a variation to the wall height requirements is capable of being considered pursuant to 5.13.3 of the Scheme. The proposed wall height variation is supported for the following reasons: The view of the dwelling from the street (western elevation) is consistent with the

bulk and scale of the adjoining property (refer to Figure 2), and will not have a detrimental impact from a streetscape perspective.

The development incorporates a flat roofed design, accordingly designs that incorporate a flat, skillion or a curved roof are more likely to require a greater wall height than a development that incorporates a more traditional pitched roof, but will have a lesser overall impact in terms of bulk;

The extent of the increased wall height varies with the slope of the land, with the streetscape elevation being 6.3m in height (compliant) only exceeding 7m in height at about 13m along the buildings northern elevation. Therefore, the building presents as compliant so the streetscape and southern adjoining properties;

The proposed extent of variation is not anticipated to restrict views of significance from the adjoining properties, given that the building is compliant in terms of the rear

setback and will provide ample opportunity for the northern adjoining property to secure views;

The northern adjoining property owners has not objected to this variation. For the reasons outlined above the proposal is considered to comply with clause 5.13.3 of the Shires Local Planning Scheme No.1.

Clause 67 A. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the

Deemed Provisions of the Scheme? Officer Comment

Yes.

B. In the opinion of the officer: i. Are utility services available and

adequate for the development? Yes.

ii. Has adequate provision been made for the landscaping and protection for any trees or other vegetation on the land?

N/A

iii. Has adequate provision been made for access for the development or facilities by disabled persons?

N/A

iv. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No.

v. Is the development likely to comply with AS3959 at the building permit stage?

Yes.

Other Comments Any further comments in relation to the application? Officer Comment

The proposal is considered to be consistent with the relevant requirements of the Residential Design Codes, Local Planning Scheme No.1, the Higgins Street Detailed Area Plan and meets the relevant criteria pertaining to discretionary decision sought. Accordingly, the proposal is recommended for approval subject to conditions.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANT Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Grouped Dwelling and Bed and Breakfast at 27 (Lot 24) Formosa Street, Margaret River subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below and

endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 – P7 received at the shire on the 16 December 2016

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from

the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or

disposed offsite by an approved connection to the Shire’s drainage system. (I) 4. The wall on the boundary shall be finished to the satisfaction of the adjoining landowner, or in the case of a

dispute to the satisfaction of the Shire. 5. Prior to the issuing of a Building License, it must be demonstrated that the installation of the following

sustainable design components of the Local Area Plan are implemented. i. Gas boosted or solar hot water system and/ or an array of solar photovoltaic panels are to be installed

on the north facing rooves. ii. 3,000 rainwater tank to be provided and plumbed to dwelling. iii. Achieve the current BCA +1/2 rating under the Home Energy Rating System. iv. Include water efficient appliances.

6. The dwelling, in which the Bed and Breakfast use is approved, shall be occupied as a residence by the operator of the Bed and Breakfast at all times the Bed and Breakfast use is in operation. (P)

7. The Bed & Breakfast/Guesthouse use pursuant to this approval allows for rooms to be set aside for short stay accommodation only. Short stay means tourist accommodation set aside either continuously or from

time to time for temporarily living purposes but which are not occupied by the same person or group of persons for a period in excess of three (3) months in any one 12-month period. (P)

8. A maximum of 1 bedroom shall be used for short stay accommodation purposes and the total number of guests shall not exceed 2 persons or one family at any one time.(P)

9. An Emergency Response Plan and Fire Management Plan (i.e. fire escape route maps and other details as required) shall be prepared and submitted to the Shire prior to commencement of the use. The Emergency Response Plan shall be displayed in a conspicuous location within the dwelling. (P)

10. The Bed and Breakfast use is limited to a period of two (2) years from the date of this approval. (P) (Refer to advice note a)

11. The Keeper or Manager shall reside continuously on the site whenever there are one or more guests in the Bed and Breakfast. (H)

12. The Bed and Breakfast is not approved as self-contained accommodation (refer to advice note c).

ADVICE NOTES a) Following satisfactory performance of the approved use, and in the absence of any substantiated complaints

over the 2-year approval period, the Shire may grant further planning approval for the continuation of the use for a further three (3) years. A new planning application seeking such approval should be submitted 90 days before the expiry of this approval, along with the appropriate planning fee. (P)

b) You are advised of the need to comply with the requirements of the following other legislation:

(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;

(ii) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises; and

(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property. c) This approval allows for rooms in a dwelling to be used as short stay accommodation and on the basis of

centralised facilities for food preparation. The installation of kitchens in the guest wings is not permitted, accordingly the cooktop depicted on P4 does not form part of this approval.

d) Those rooms proposed to be utilised for Bed and Breakfast purposes should meet the minimum requirements

specified by the Shire of Augusta-Margaret River Health Local Laws 1999. (EH) e) Provision of food – should food be provided to guests, registration is required under the Food Act 2008. Make

application to the Shire’s Environmental Health department. (EH) f) Noise emissions resulting from development/use of premises for the approved purpose shall not exceed the

assigned levels in the Environmental Protection (Noise) Regulations 1997, and shall not unreasonably interfere with the health, welfare, convenience, comfort or amenity of an occupier of any other premises. (EH)

DEVELOPMENT APPLICATION ASSESSMENT (DAU) Report to Manager Planning and Development Services

Proposed Amendment to Planning Approval P215478 to include North Point in Gracetown in the 2017 Margaret River Pro Surving Event

Major (Level 2) P216671; PTY/11020 REC/5 RES/41545 RES/27618 RES/8428 RES/46732 REPORTING OFFICER : Johan Pienaar DISCLOSURE OF INTEREST : Nil

General Information Lot Area N/A Zone The proposed North Point competition area is on portions of Reserves

8428 and 27618 in Gracetown. Reserve 8428 is zoned National Park and Nature Reserve and is vested in the Conservation Commission. The responsible agency is the Department of Parks and Wildlife (DPaW). Reserve 27618 is located just to the south of the Gracetown boat ramp as is evident in Figure 2 above. The reserve is zoned Parks and Recreation and is vested in the Shire of Augusta Margaret River.

Proposed Development This application is to amend approval P215478 to allow North Point to be potentially used during the 2017 Margret River Pro surfing event. It is proposed to use North Point for a maximum of two days. The proponent has confirmed that at this stage it is not intended to include North Point in any future surfing events. Planning approval P215478 was an amendment to planning approval P214074 to allow North Point to be used during the 2016 Margaret River Pro surfing event. North Point was not used in 2016 as the surfing conditions at Surfers Point was good enough to complete the event. Planning approval P214074 was issued on 17 March 2014 for the Margaret River World Surfing League (WSL) Drug Aware Pro surfing competition to be held for 5 consecutive years at Surfers Point and ‘The Box’.

Permissible Use Class The use of the reserves for a surfing event is generally consistent with the intended purpose of the reserves and is therefore consistent with the provisions of clauses 3.2 and 3.4 of the Scheme.

Heritage/Aboriginal Sites The Department of Aboriginal Affairs (DAA) indicated in 2015 that although portions of the town beach and town beach car park overlap with a portion of an Aboriginal heritage place, it is unlikely that the proposed activity will have an impact on the heritage place. The DAA indicated that there are no heritage reasons why the use cannot proceed. It is noted that the DAA recommended in their latest response that the South West Aboriginal Land and Sea Council (SWALSC) be provided with a copy of the proposal and seek their comments, specifically in relation to the cliffs at Wallcliffe. The cliffs at Wallcliffe is the Surfers Point and River Mouth location which already have approval. The recommendation for a referral to the SWALSC is not relevant in the context of the application.

Encumbrance N/A Date Received 29/11/2016

Policy Requirements

Is the land or proposal referred to in any Council Policy? √ Yes ☐ No If yes, state the Policy/Policies Local Planning Policy 8 – Surfing Events Officer Comment

The purpose of this policy is to provide guidance on the appropriate location, size and number of surfing events that are permitted within Shire vested foreshore reserves within any calendar year. The policy recognizes the Drug Aware Margaret River Pro as an annual event and supports the exclusive use of the foreshore reserve at Surfers Point subject to suitable arrangements being in place for an adequate portion of the foreshore reserve to remain open for public access. Under the provisions of the policy it must be demonstrated that an event will not result in: a) adverse impacts to native vegetation and coastal dune formations; b) traffic management issues; and c) any additional rubbish in foreshore reserves. North Point is identified in the policy as a competition area for Club and Minor events. The policy describes the minor event category as events consisting of no more than 70 competitors for a period of up to four continuous days in duration on a non-exclusive use basis. The use complies with the minor event category in that there will be less than 70 competitors competing over a two-day period. The exclusive use of the foreshore reserve over the two days represents a policy variation. This variation is considered worthy of a one-year period considering the limited (two day) duration and the general support from the local community and relevant government agencies. The proponent is aware of the Margaret River Volunteer Marine Rescue Group’s requirement to have 24h access to the boat ramp and adjoining car park.

Structure Plans and Local Development Plans (DAP) Is the land in any Structure Plan Area or subject to a DAP? √ Yes ☐ No

Advertising/Agency Referrals Has the application been referred to adjoining landowners/agency? √ Yes ☐ No ☐ N/A Has a submission been received by Council? √ Yes ☐ No ☐ N/A

No. received: 13

Have agency or authority comments been received? √ Yes ☐ No ☐ N/A Name Nature of Submission Officer Comment

Department of Transport

Support subject to general operating requirements such as emergency response plans, communication plans, availability of recue crafts, vessels to be

Noted. The proponent is aware of these requirements.

North 

navigated in accordance with WA Marine Act 1982.

Department of Fire and Emergency Services (DFES)

The proponent has adequately identified issues arising from the bushfire risk assessment. The BMP as accepted by the local government must be implemented.

A condition is proposed that will require the approved BMP to be implemented to the satisfaction of the Shire.

Department of Parks and Wildlife (DPaW)

The DPaW has provided the Shire with a copy of the “Commercial Operations License” that was issued to Surfing Western Australia. The license expires on 31 January 2018. In relation to North Point, the license supports scaffolding to be erected for the purpose of setting up marques. Temporary barriers are required to be erected to prevent access to the rocky foreshore areas and surrounds.

The Shire supports the DPaW license conditions.

Gracetown Bushfire Brigade

Objects to the inclusion of North Point considering it is a very dangerous time of the year for fires with a large number of spectators moving through the undergrowth at North Point. Parking of vehicles on road verges will restrict movement of brigade vehicles moving along Cowaramup Bay Road.

DPaW requires exclusion zones to prevent spectators to access the headland from existing car parks. DFES indicated that fire risks are adequately considered in the BMP. A traffic management plan was prepared. Parking will be managed by a traffic management team and will incorporate the whole area of Gracetown from Caves Road through to the town of Gracetown. There will be no parking on the side of Cowaramup Bay Road and the road will be under strict traffic management control at all times. It is recommended that an appropriate condition be applied to this effect. The Traffic Management Plan will be finalised prior to the start of the event through the event application process.

Public Submissions (the application was advertised to all the land owners in the Gracetown town site including land owners directly adjacent to Cowaramup Bay Road, west of Caves Road.

Objection One objection was received, from the Gracetown Fire Control Officer in his personal capacity. The reasons for objection are similar to the reasons mentioned in the Fire Brigade submission. Limited parking and fire danger is highlighted as concerns. It is considered that parking is extremely limited. Support Twelve submission in support of the use of North Point was registered.

See comments above on the Gracetown Bushfire Brigade submission. Noted

Has the application been referred to internal departments? √ Yes ☐ No ☐ N/A

Assessment of Application Is the land referred in the Heritage Inventory? ☐ Yes √ No Are there any Contributions applicable? ☐ Yes √ No Are there any compliance issues in relation to existing development? ☐ Yes √ No R Codes Are R Codes applicable? ☐ Yes √ No Development Standards (Schedule 9) Are the development Standards applicable? ☐ Yes √ No Car Parking Parking will be managed by a traffic management team and will incorporate the whole area of Gracetown from Caves Road through to the town of Gracetown. There will be no parking on the side of Cowaramup Bay Road and the road will be under strict traffic management control at all times. The proponents could not secure a property, as in 2016, to use for car parking closer to Caves Road. The proponent discussed the use of the Gracetown Oval with Gracetown Progress Association. The use of the oval is supported by the Progress Association subject to ensuring the gravel car park and a portion of the oval at the community hall

is reserved for regular users of the hall and other booked events, such as a wedding on the 8th of April 2017. The Progress Association also highlighted the importance of ensuring access to the fire brigade shed is not obstructed at any time. The Traffic Management Plan that was submitted with the application will need to be adjusted to include the above including detail on aspects such as overflow parking areas, areas and streets where parking will not be permitted; monitoring and capacity trigger points when spectators (not residents) will be stopped at the control/screening point on Cowaramup Bay Road. The Traffic Management Plan will be finalised prior to the start of the event through the event application process. The proponent has advised that, in order to keep vehicle numbers to the minimum, surfers, officials and other crew will car pool or be transported to Gracetown by bus. Building Height N/A

Clause 67 C. In the opinion of the officer, would approval of the planning consent be appropriate under Clause 67 of the

Deemed Provisions of the Scheme? Officer Comment

Yes

D. In the opinion of the officer: vi. Are utility services available and

adequate for the development? Yes

vii. Has adequate provision been made for the landscaping and protection for any trees or other vegetation on the land?

Yes

viii. Has adequate provision been made for access for the development or facilities by disabled persons?

That is a management requirement to be addressed by the proponent in the overall event management plan.

ix. Is development likely to cause detriment to the existing and likely future amenity of the neighbourhood?

No

x. Is the development likely to comply with AS3959 at the building permit stage?

Yes

Other Comments Any further comments in relation to the application? Officer Comment

Access It is intended to give Gracetown residents special access stickers similar to residents of Prevelly and Gnarabup. Residents and the public in general will have unrestricted access to Gracetown at all times during the event. Spectators wishing to access the area will be able to access the area but will be advised that there is limited parking and viewing and will also be advised of current numbers within the area. Spectators will further be advised that the event is being screened live back to Surfers Point where there are excellent facilities and easy parking. The general public will be advised that there will be no access to the boat ramp and this

will be managed under the Traffic Management Plan. Giving notice that the boating facility will be closed for a couple of days well in advance will be problematic given any decision to use North Point will be at short notice. The proponent advises that if North Point is breaking to the level required by the World Surfing League (WSL) it is unlikely the general boating public will want to venture into the area because of the inherent dangers associated with the size of the swell. The designation of the upper gravel car park as a public car parking area is not

supported. Keeping this car park open creates the opportunity for unauthorized access to the headland during the competition days. It is recommended that the “public car parking” notation on the North Point site plan be removed and a notation be added to require the erection of a temporary gate across the access path to this car park where it comes off Cowaramup Bay Road. The revised Traffic Management Plan shows that there will not be any public access to the upper car park during the event.

The proponent is aware of the Margaret River Volunteer Marine Rescue Group’s requirement for access to the boat ramp at all times. It is intended to include Margaret River Volunteer Marine Rescue Group in the overall safety management team. The Margaret River Volunteer Marine Rescue Group will therefore have access to the boat ramp and dedicated parking bays as requested. Environmental Impacts

Potential environmental impacts can be managed with appropriate parking and public access control.

The public toilets down at the town beach are not designed to cope with the expected number of spectators during the competition. The public toilets may be closed or as an alternative the proponent will be requested to make arrangements for septic pump out prior to and after the event. In any event, the proponent is required to provide portable toilets and water for spectators during the event. The number of toilets and location will be finalised through the event application process.

DPaW has issued a license to use North Point. This includes a requirement to use a scaffold structure to minimize environmental impacts. Conclusion

The use of the reserves at North Point in Gracetown to conduct a temporary contest location for the Margaret River Drug Aware Pro surfing competition is generally consistent with the provisions of the Scheme and Council’s Surfing Events Policy (LPP8). The exclusive use of a portion of the Leeuwin National Park is a variation to the LPP8; however, it is considered acceptable considering the two-day duration and DPaW support. The proposed use is generally supported by the local community and management

plans have been provided to demonstrate that the use will be appropriately managed. The management plans will be updated through the subsequent event application process. The application to amend planning approval P215478 is supported subject to:

1. Include in condition 2 the date from which the 5-year approval for the event was approved.

2. Amend condition 3 to limit the use of North Point to a maximum of two days during the 2017 surfing competition only.

OFFICER RECOMMENDATION That the Manager of Planning and Development Services GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 to include Reserves 8428 and 27618 in Gracetown (North Point) as a temporary contest location for the 2017 Margaret River Drug Aware Pro surfing competition subject to the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below and

endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 received at the Shire offices on 18 February 2014, P2 received at the Shire officeson 17 February 2014, P3 received at the Shire offices on 11 February 2014, P4 – P5 received at the Shire offices on 14 February 2014, and P6 (being the North Point sitePlan) received at the Shire on 7 October 2015.

2. The approved activity (the Event), the subject of this Planning Approval (the Approval), is permitted to be

undertaken at Surfers Point and The Box annually on five occasions over the five (5) years from 17 March 2014. (refer to advice note a). (P)

3. North Point at Gracetown is approved to be used as a temporary competition location for a maximum of two days during the 2017 surfing competition only.

4. The northern gravel car park at North Point, as shown on the approved site plan, is not approved as a public

parking area. A temporary gate shall be erected across the access track leading to the car park in a Shire approved location.

5. The main surfing Event is restricted to operating between 0700 to 1700 hours.

6. The Event must be held over a period no longer than 30 days each year, between 1 March and 1 May, which includes installation and dismantling, and this 30-day period must be nominated by the Applicant annually in the Event Pack. (P)

7. The number of patrons for the Event shall not exceed 5,000 at any one time without further prior planning approval. (P/H)

8. At least 45 days prior to the Event each year, an Event Pack shall be prepared to the satisfaction of the Shire and it shall include the following: (i) Management Plans; (ii) the dates the Applicant seeks to nominate for the Event Period; (iii) a clear description, including plans where appropriate of any changes to the Event from how it was

described and approved in the Planning Approval; (iv) any other document required by the Shire.

9. At least 45 days prior to the commencement of the Event each year, the following Management Plans shall

be prepared to the satisfaction of the Shire: a. risk; b. emergency and evacuation; c. traffic; d. waste; e. security and fencing; f. event operation; g. fire; h. marketing and advertising; and i. any other Management Plan the Shire prescribes the Applicant by written notice.

10. The Event shall at all times be conducted in accordance with the approved Management Plans. (P)

11. The Event shall not interfere with the amenity of the locality or cause nuisance by reason of the emission of

noise, vibration, smell, fumes, smoke, vapor, steam, dust, waste water, waste products, oil or otherwise. (P/H)

12. The Reserve (including the bitumen surface of the Surfers Point car park, existing facilities and vegetation) must not be damaged as a consequence of the Event. Repairs to any damage must be undertaken to the satisfaction of the Shire within seven days of the completion of the Event at the expense of the Applicant. (E)

13. Reserves the subject of this Approval, must be kept in a clean and tidy condition, free from both litter and

refuse during and at the completion of the Event. Structures to the promotion of the Event must be removed at the conclusion of the Event to the satisfaction of the Shire. At the time of completion of the removal and rubbish clean up, the organizers shall call for an inspection with Shire staff to ensure the Event site is remediated to at least the same condition that it was prior to the Event. (P)

14. Appropriate security and crowd control arrangements shall be undertaken to deter vandalism at the

competition site. (P)

15. All fencing, “No Parking” signs, signage and taping to be in place prior to commencement of the Event to the satisfaction of the Shire. (P)

16. The Event organizer/s shall ensure appropriate use of Reserves the subject of this Approval and shall

provide security personnel and prevent patron access to environmentally sensitive vegetation and rehabilitation areas. Environmentally sensitive areas shall be provided with suitable barriers and signage including fencing and no go tape to protect foreshore vegetation and rehabilitation areas. (P)

17. The Event program, road closures and residents passes shall be advertised in at least one local newspaper

by the Applicant weekly for two (2) weeks prior to the Event. (P)

18. The Applicant must make all efforts to ensure that any obstruction to the public’s normal access to Reserve 41545 and Reserve 27618 due to the Event is minimized and that public access is only restricted to the extent necessary for security, safety or operation of the Event (refer to advice note m). (P)

19. A pass shall be provided to Prevelly/Gnarabup and Gracetown householders and employees of businesses

within this area so that access to and from the area for residents and employees is not unreasonably impeded. Details of the method of complying with this condition must be submitted and approved by the Shire in the marketing and advertising plan(s). (P)

ADVICE NOTES a. Following satisfactory performance of the approved use, and in the absence of any substantiated

complaints, the Shire may grant further planning approval for the continuation of the use for a further five (5) years beyond 2018. A new planning application seeking such approval should be submitted at least 90 days before the expiry of this approval along with the appropriate planning fee and supporting information. (P)

b. You are advised of the need to comply with the requirements of the following other legislation: (i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority

before any work commences on site as per the Building Act 2011; (ii) The Shire of Augusta-Margaret River has been declared a Bushfire Prone Area. Buildings are

required to be constructed in accordance with Australian Standard 3959 - Construction of Buildings in Bushfire Prone Areas to satisfy the performance requirements of the Building Code of Australia; and

(iii) Health Act 1911 and Department requirements in respect to the development and use of the

premises. A building or place or part of a building or place where persons may assemble is a Public Building and is required to comply with the Health Act 1911; the Health (Public Building) Regulations 1992 and the Building Code of Australia. A separate license will be required under the Health (Public

Building) Regulations for the use of a Public Building. A Form 2 Application is available from the Shire and must be submitted for assessment.

c. Maximum accommodation for the temporary public building shall not exceed the approved numbers as per

Form 4 Certificate of Approval. Designated exits shall be maintained clear of obstructions and permit patrons to efficiently exit the Event area in case of emergency.

d. Accessible security gates / access ways must be attended to during the Event to ensure that those persons

with authority to park vehicles at Surfers Point and Rivermouth car park can do so, in particular those cars carrying ACROD stickers.

e. Sufficient egress/exits shall be provided to enable the efficient evacuation of patrons from the Event site in

an emergency. f. The Event Organiser shall ensure that a copy of the Event ‘Emergency Evacuation Plan’ is displayed at

appropriated locations within the site. A copy of the Emergency Evacuation Plan shall be provided to all security personnel, volunteers, stall operators and persons involved in organising the Event.

g. Exit signs shall be large enough to make the exit location obvious to patrons and visible from all respective

public areas. h. Emergency lighting shall be provided for outdoor areas that will operate if the main electrical source fails.

The Event shall be provided with two (2) separate light sources so that in event of one source failing there will be sufficient light to allow an orderly evacuation of the venue. The sources may be two (2) generators or a generator and a town supply.

i. Alcohol may only be sold and consumed in the Licence Area(s) if it is in accordance with the Liquor Control

Act 1988 and any relevant permits, consents and approvals required. (P) j. Any food stall or vendor operating at the Event must be a registered food business and comply with the

Food Act 2008 and the Australian New Zealand Food Standards. k. Any amplified sound, noise or music must be in accordance with the Environmental Protection (Noise)

Regulations 1997. l. Any closure of a road, thoroughfare or car park in the Licence Area must be done in accordance with the

Road Traffic Act 1974 and with notice to the Western Australia Police. m. Formal pedestrian access must be maintained to the Rivermouth, Surfer’s Point and Gracetown Town Beach

foreshore areas at all times.