PS Ref: 6151

24 September 2019

Chief Executive Officer City of Bunbury 4 Stephen Street Bunbury WA 6230

Attention: Planning Services Cloisters Square PO 6850 GPO Box 2709 (08) 9227 7970 Level 1, 251 St Georges Tce, WA

Dear Sir,

PROPOSED LOCAL DEVELOPMENT PLAN LOTS 1, 13, 18, 19 (15) HOLYWELL STREET, LOT 213 (21) HOLYWELL STREET AND LOT 20 (30) & 180 (180) JARVIS STREET, SOUTH BUNBURY

Planning Solutions acts on behalf of Croft Developments Pty Ltd in support of a proposed Local

Development Plan (LDP) for Lots 1, 13, 18, 19 (15) Holywell Street, Lot 213 (21) Holywell Street LtdPlanning Solutions (Aust) Pty ACN 143 573 184 ABN 23 143 573 184 www.planningsolutions.com.au [email protected] and Lot 20 (30) & Lot 180 (180) Jarvis Street, South Bunbury, excepting those portions of Lots 19 and 213 on the western side of the Five Mile Brook drain (subject site).

This application is made in accordance with Part 6 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015.

This application was originally lodged with the City on 27 August 2019. Following feedback from the City’s officers, the LDP has been amended. This submission incorporates the justification provided in the original application, modified to reflect the amendments made to the LDP.

The following information sets out the background, details of the site, a description of the proposed LDP and a brief description of the proposed LDP and associated provisions.

1 BACKGROUND

The subject site is located within the municipality of the City.

On 30 May 2019, Planning Solutions and a representative from Croft Developments met with senior City officers to discuss the proposed development of a residential aged care facility on the subject site. There was general discussion around the planning process, noting the land is contained in a special control area (SCA) which requires a structure plan and/or an LDP to be prepared prior to any development.

It was agreed that the preparation of a structure plan would not be required, with an LDP identifying the general location for vehicle access and building orientation deemed as sufficient to guide development of the subject site.

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2 SITE DETAILS

2.1 Legal description

The subject site comprises six separate land parcels. Refer to Table 1 below for the lot details and a description of the subject site.

Table 1 – Lot details

Lot Plan / Diagram Volume Folio Registered Proprietor Area (m2) 1 Diagram 789 320 12A 4,042.8

13 Diagram 30202 1288 703 Signature Care Land Holdings 1,867.9 18 Diagram 51383 1454 256 Pty Ltd 1,011.5 19 Diagram 66716 1696 877 11,201.8 20 Diagram 66716 1696 878 Giovannina Di Marco 3,957.4 180 Deposited Plan 302772 Clive Stewart Melville 2,186.3 2224 983 Matias (WA) Pty Ltd 213 Plan 643 Sion (WA) Pty Ltd 7,263.7 Total area (approximately) 31,531.4

On 16 October 2018 the Western Australian Planning Commission (WAPC) granted approval to subdivide Lot 213 into four survey-strata lots. Condition 3 and advice note 1 of the approval required a 5m wide drainage easement on the eastern section adjoining the Five Mile Brook open drain to allow uninhibited access for maintenance of the drain. The subdivision approval has been implemented, and a deposited plan has been lodged with the WAPC for approval.

On 12 August 2019, an application was made with the WAPC to subdivide the subject site (excluding Lot 20) by amalgamating the land. At the time of making this application, the WAPC had not made a determination on the application.

2.2 Site context

The subject site is located approximately 2km south west of the Bunbury city centre, in the municipality of the City of Bunbury (City), and the suburb of South Bunbury.

The subject site is located approximately 200m east from the coast and Ocean Drive and approximately 200m west of the Big Swamp reserve. The subject site is bounded by Hayward Street to the north, Jarvis Street to the east, Holywell Street to the west and a drainage reservation to the south. Existing residential dwellings also adjoin the subject site to the north west, north east and south east.

The wider locality north and south of the subject site is characterised by low density residential development and various short stay accommodation uses.

The subject site is in proximity to the following uses/activities: • Residential properties across ‘Five Mile Brook’ to the south and across Hayward Street to the north of the subject site. • The Catholic Homes Inc Residential Care Ocean Star Village, located 1km south west of the subject site. • The Bunbury Seaview Apartments, approximately 300m south west of the subject site.

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• The Bunbury Wildlife Park, approximately 200m south east of the subject site. • The Vista hotel, approximately 200m north west of the subject site. • Site of the vacant Punchbowl caravan park to the west of the subject site.

2.3 Land use and topography

The subject site is currently vacant and undeveloped. In terms of topography much of the site is generally flat, but with depressions in the southeastern corner of the subject site and a 4m high mound in the southwestern corner of the subject site.

Refer Figure 1 – Aerial Photograph

Residential site

Figure 1 – Aerial Photograph (source: City of Bunbury Intramaps)

3 PROPOSAL

This application seeks approval for an LDP which applies site and development standards for development on the subject site.

The proposed LDP does not seek any exemptions from the requirement to obtain development approval.

The proposed LDP designates three precincts which are described as follows: • ‘Residential Aged Care Site’, comprising the western portion of the subject site. • ‘Drainage’, comprising a 5m wide strip of land along the western frontage to Five Mile Brook. • ‘Residential Site’, comprising Lot 20 Jarvis Street. The Residential Site will be subject to a separate and future LDP.

The LDP sets out a number of provisions to address vehicular access, setbacks, various interface considerations, drainage management requirements and access along / the widening of ‘Five Mile Brook’. Page | 3

The LDP also provides indicative building envelopes and indicative vehicle access locations, to depict possible configurations for development consistent with the LDP.

Refer Appendix 1 for a copy of the LDP.

4 TOWN PLANNING CONSIDERATIONS

4.1 State Planning Strategy 2050

The State Planning Strategy 2050 is an integral part of the Western Australian planning system designed to inform planning policies and decisions throughout the State. Its vision is that by 2050, will have a diverse range of interconnected and vibrant local communities and regional centres, with living standards continuing to be amongst the highest in the world. It promotes a ‘can do’ attitude.

Relevantly to this proposal, the State Planning Strategy 2050’s principle for infrastructure provides: All levels of government have a role to play in the coordinated delivery of the ‘hard’ elements of community infrastructure, including schools, hospitals, civic centres, aged care facilities and public open spaces, as well as the ‘soft’ elements of community infrastructure, which include social services, community building, and culture and arts programs. [emphasis added]

In considering social infrastructure, the State Planning Strategy 2050 also states: Ensuring people who are ageing can remain in their long-term communities through the provision of aged care retirement housing options and land tenure arrangements will ease the stress on the State’s service delivery programs.

In considering the vision and principles of the State Planning Strategy 2050 in the context of this LDP, the need to provide aged care facilities is apparent, as is the role of government in supporting planning proposals that increase availability to aged care facilities.

4.2 Greater Bunbury Region Scheme

The subject site is zoned Urban under the Greater Bunbury Region Scheme. The proposed LDP is consistent with the Urban zone.

4.3 State Planning Policy 7.0 – Design of the Built Environment

State Planning Policy 7.0 – Design of the Built Environment (SPP7) became operational on 24 May 2019. It is the lead policy that elevates the importance of design quality, and sets out the principles, processes and considerations which apply to the design of the built environment in Western Australia, across all levels of planning and development.

SPP7 establishes a set of ten ‘design principles’, providing a consistent framework to guide the design, review and decision-making process for planning proposals. An assessment of the proposed LDP against the Design Principles is provided in Table 2 overleaf.

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Table 2: SPP7 Design Principles Statement

SPP7 DESIGN PRINCIPLE DESIGN RESPONSE 1. Context and character The LDP provides a framework for the development of an Good design responds to and enhances the distinctive underutilised site, filling in a hole in the existing urban characteristics of a local area, contributing to a sense of framework. It does so in a way which responds to the place. character of the area, in particular the development of a residential precinct (subject to a separate LDP) fronting Jarvis Street providing a similar form of development to the development adjoining the northern lot boundary. It also respects and relates to the Five Mile Brook and provides additional land for the purpose of access to the Brook. 2. Landscape quality The proposed LDP provides for a feature entry to Hayward Good design recognises that together landscape and Street from the residential aged care site, along frontages to buildings operate as an integrated and sustainable Holywell Street and Five Mile Brook to be given a more system, within a broader ecological context. considerate treatment in terms of landscaping. 3. Built form and scale The LDP does not provide detail on built form and scale, other Good design provides development with massing and than to identify a prominent entry feature to Hayward Street. height that is appropriate to its setting and successfully negotiates between existing built form and the intended future character of the local area. 4. Functionality and build quality The LDP provides indicative building and vehicle access Good design meets the needs of users efficiently and locations, demonstrating one way in which the LDP could be effectively, balancing functional requirements to deliver developed to provide a functional layout. optimum benefit and performing well over the full life- cycle. The ability for residential development to connect to the existing communal street that provides access to 11-14/17 Hayward Street (on Strata Plan 50873) was reviewed. In this respect, it was established there is no legal rights of access for the public at large or Lot 20 over the communal street. Accordingly, the LDP is not able to require that development of Lot 20 links to the communal street on Strata Plan 50873. Nonetheless, nothing in the LDP prevents the developer of Lot 20 from reaching a voluntary agreement with the owners of Strata Plan 50873 for access rights over the communal street. 5. Sustainability The LDP does not provide detail on sustainability. Good design optimises the sustainability of the built environment, delivering positive environmental, social and economic outcomes. 6. Amenity The LDP does not provide detail on amenity. Good design optimises internal and external amenity for occupants, visitors and neighbours, contributing to living and working environments that are comfortable and productive. 7. Legibility The LDP designates one indicative vehicle access point. This Good design results in buildings and places that are provides a clear and legible entry point to access the legible, with clear connections and memorable elements residential aged care site. to help people find their way around. 8. Safety The LDP requires fencing along the Five Mile Brook frontage Good design optimises safety and security, minimising the to incorporate residential-style fencing typical for a primary risk of personal harm and supporting safe behaviour and street frontage (i.e. permeable above 1.2m). This helps to use. ensure visibility and passive surveillance of Five Mile Brook. 9. Community The LDP provides for an essential community function, being Good design responds to local community needs as well the care of aged persons. as the wider social context, providing buildings and spaces that support a diverse range of people and facilitate social interaction.

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SPP7 DESIGN PRINCIPLE DESIGN RESPONSE 10. Aesthetics The LDP does not provide detail on aesthetics. Good design is the product of a skilled, judicious design process that results in attractive and inviting buildings and places that engage the senses.

Those design principles which are relevant to the LDP have been suitably addressed. Other design principles are relevant at the development application phase of development.

4.4 City of Bunbury Local Planning Strategy

The City of Bunbury Local Planning Strategy provides a long-term strategic planning direction on how Bunbury will continue to be recognised as a complete community, providing a range of amenities and development that strikes a balance between social, economic and environmental needs.

Aged care is one such social need that is important to the continued and sustainable growth of Bunbury. The Strategy Map within the Local Planning Strategy identifies general areas adjoining the subject site for aged care facilities. A community service stocktake was also provided as part of the Local Planning Strategy, with four aged care facilities listed within Bunbury. With the growing population of Bunbury and ageing population of Western Australia, it is evident that Bunbury is capable of and requires additional quality residential aged care facilities.

The proposed LDP is therefore consistent with the City’s Local Planning Strategy, by providing land for a residential aged care facility that contributes to the local community.

4.5 City of Bunbury Local Planning Scheme No. 8

The subject site is zoned Residential under the City’s Local Planning Scheme No.8 (LPS8), with an applicable density of R20/40. Table 2 – Zone objectives of LPS8 states the objective of the Residential zone as: • To provide for a range of housing and a choice of residential densities to meet the needs of the community. • To facilitate and encourage high quality design, built form and streetscapes throughout residential areas. • To provide for a range of non-residential uses, which are compatible with and complementary to residential development. • To preserve and enhance residential amenity in relation to competing land uses and urban design issues within residential neighbourhoods through appropriate housing types, forms and densities, and provision of private and public open spaces that contribute to the city’s landscape character.

The subject site is also identified as being within a Special Control Area - Development Area (SCA) the objectives of which are to identify areas requiring structure planning and/or local development planning prior to subdivision or development. The additional provisions of the SCA require structure planning to be undertaken; Omnibus Scheme Amendment No.2 (as adopted by Council on 6 August 2019 and advertised for public comment on 24 September 2019) proposes a new additional provision requiring a LDP to be prepared.

Part 4 of LPS8 sets out the general development requirements applicable to zoned land (including the Residential zone).

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The general development requirements of LPS8 remain applicable to the development of the subject site, however, the provisions of the LDP seek to address the specific locational context of the subject site, by providing additional development standards to ensure an appropriate development outcome.

The proposed LDP has been prepared and submitted in accordance with Part 6 of the Deemed Provisions of LPS8.

4.6 LPP3 Local Planning Policy for Zone Development Requirements

Section 4.5 of LPP3 Local Planning Policy for Zone Development Requirements provides development requirements applicable to the Residential zone, including: a) Site coverage; f) Building design and appearance; b) Building height; g) Building orientation and entrances; c) Building setbacks; h) Landscaping; and d) Plot ratio; i) Vehicle access and parking. e) Adjoining residential and sensitive land uses; The above development standards and their specific provisions will continue to apply unless varied by the LDP.

4.7 LPP5.4 Local Planning Policy for Non-Residential Development Adjoining Residential Development

Section 5 of LPP5.4 Local Planning Policy for Non-Residential Development Adjoining Residential Development provides development requirements applicable to non-residential development adjoining the residential development. The above development standards will continue to apply unless varied by the LDP.

5 CONCLUSION

It is considered the LDP should be favourably determined, on individual merit, recognising the proposal seeks to provide a detailed planning framework to facilitate the development of a residential aged care facility on the subject site. Accordingly, it is respectfully requested the City approves the LDP.

We respectfully request an invite to any briefing session or Council meeting at which this matter is considered.

Should you have any queries or require further clarification in regard to the above matter please do not hesitate to contact the writer.

Yours faithfully

______ROSS UNDERWOOD ASSOCIATE

190926 6151 Letter to City - Local Development Plan (South Bunbury).docx

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APPENDIX 1

LOCAL DEVELOPMENT PLAN

LEGEND

LDP Boundary Residential Aged Care Site HAYWARD STREET Residential Site (Subject to Future LDP) Drainage Indicative Vehicle Access Indicative Building Locations Indicative location of Public Footpath

PROVISIONS

1. All development shall comply with the City of Bunbury Local Planning Scheme No.8 ( as amended) and any relevant local planning 14 policy (including LPP3 Zone Development S24526 12 S17497 Requirements applicable to the Residential Zone)

2. The residential aged care site shall be developed as a single integrated development. 10 3. There shall be a single vehicle access point for both the residential aged care site and the 3 residential site, as generally shown on the is plan. All dwellings shall be accessed from this single vehicle access point.

4. Fencing to the street and to Five Mile Brook shall be consistent with the deemed-to-comply 11 12 13 14 primary street fence standards under the Residential Design Codes (Volume 1).

5. The built form of the residential aged care facility shall comply with the applicable development standards of the Residential Design Codes (Volume 1) and LPP3 Zone Development requirements applicable to the STREET Residential Zone. RESIDENTIAL AGED RESIDENTIAL SITE - CARE SITE 6. The built form of the residential aged care Subject to future Local facility will present prominently to Hayward Street and address Holywell Street. Development Plan 7. A 5m wide portion of land shall be developed and used for drainage and access purposes in STREET association with the adjoining Five Mile Brook as generally shown on this LDP. HOLYWELL 8. Indicative building locations on this LDP are representative of one possible way of developing the LDP. It is not intended to be S36311 determinative and other building locations are possible.

9. The Residential Site adjacent to the LDP boundary shall be subject to a separate LDP. JARVIS No provisions of this LDP are applicable to the Residential Site.

41 10. A fence shall be erected between the Residential Aged Care Site and the Residential Site.

FIVE MILE BROOK APPROVAL This LDP has been approved by the City under Clause 52 (1) of the deemed provisions of the City of Bunbury Local Planning scheme No. 8.

______Signature Date

SCALE 1: 1,000 @ A3 DATE 24 September 2019 LOCAL DEVELOPMENT PLAN FILE 190924 6151 LDP.dwg REVISION 2/DR/rev/21.08.2019 Scale Bar (m) LOTS 1, 13, 18, 19 (15) AND 213 (21) HOLYWELL STREET AND LOTS 20 (30) AND 180 JARVIS STREET, 1/DR/First Draft/24.07.2019 0 10 20 30 SOUTH BUNBURY, WA

DISCLAIMER: THIS DOCUMENT IS AND REMAINS THE PROPERTY OF PLANNING SOLUTIONS AND MAY NOT BE COPIED IN WHOLE OR IN PART WITHOUT THE WRITTEN CONSENT OF PLANNING SOLUTIONS. ALL AREAS, DISTANCES AND ANGLES ARE APPROXIMATE ONLY AND ARE SUBJECT TO SURVEY. BASEPLAN SOURCE: CROFT DEVELOPMENTS PTY LTD