October 2019 Metropolitan Region Scheme Amendment 1270/41 Ocean Reef Marina Redevelopment Report on Submissions City of Joondalup Metropolitan Region Scheme Amendment 1270/41 Ocean Reef Marina Redevelopment Report on Submissions City of Joondalup October 2019 The Western Australian Planning Commission acknowledges the traditional owners and custodians of this land. We pay our respect to Elders past and present, their descendants who are with us today, and those who will follow in their footsteps. Disclaimer This document has been published by the Western Australian Planning Commission. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the government, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein. Professional advice should be obtained before applying the information contained in this document to particular circumstances. © State of Western Australia Published by the Western Australian Planning Commission Gordon Stephenson House 140 William Street Perth WA 6000 Locked Bag 2506 Perth WA 6001 MRS Amendment 1270/41 Report on Submissions File 809-2-30-17 Pt 1 Published October 2019 Internet: www.dplh.wa.gov.au Email: [email protected] Phone: (08) 6551 8002 Fax: (08) 6551 9001 National Relay Service: 13 36 77 This document is available in alternative formats on application to the Department of Planning, Lands and Heritage Communications Branch. Introduction to Metropolitan Region Scheme major amendments The Western Australian Planning Commission (WAPC) is responsible for keeping the Metropolitan Region Scheme (MRS) under review and initiating changes where they are seen as necessary. The MRS sets out the broad pattern of land use for the whole Perth metropolitan region. The MRS is constantly under review to best reflect regional planning and development needs. A proposal to change land use reservations and zones in the MRS is regulated by the Planning and Development Act 2005. That legislation provides for public submissions to be made on proposed amendments. For a substantial amendment, often referred to as a major amendment (made under section 41 of the Act), the WAPC considers all the submissions lodged, and publishes its recommendations in a report on submissions. This report is presented to the Minister for Planning and to the Governor for approval. Both Houses of Parliament must then scrutinise the amendment before it can take legal effect. In the process of making a substantial amendment to the MRS, information is published as a public record under the following titles: Amendment report This document is available from the start of the public advertising period of the proposed amendment. It sets out the purpose and scope of the proposal, explains why the amendment is considered necessary, and informs people how they can comment through the submission process. Environmental review report The Environmental Protection Authority must consider the environmental impact of an amendment to the MRS before it can be advertised. Should it require formal assessment, an environmental review is undertaken and made available for information and comment at the same time as the amendment report. Report on submissions The planning rationale, determination of submissions and the recommendations of the WAPC for final approval of the amendment, with or without modification, is documented in this report. Submissions This document contains a reproduction of all written submissions received by the WAPC on the proposed amendment. Transcript of hearings A person who has made a written submission may also choose to appear before a hearings committee to express their views. The hearings proceedings may be recorded and transcribed, and the minutes of all hearings will be published and made available. Contents Report on Submissions 1 Introduction ................................................................................ 1 2 The proposed amendment ........................................................ 1 3 Environmental Protection Authority advice ................................ 1 4 Call for submissions ................................................................... 2 5 Submissions ............................................................................... 3 6 Hearings .....................................................................................3 7 Main issues raised in submissions ............................................ 3 8 Modifications ............................................................................1 3 9 Responses and determinations ...............................................13 10 Coordination of region and local scheme amendments .......... 13 11 Conclusion and recommendation ............................................13 Schedule 1 Notice from the Minister for Environment Schedule 2 Alphabetical listing of submissions Schedule 3 Summary of submissions and determinations Schedule 4 The amendment figure - proposal 1 as advertised Schedule 5 The amendment figure - proposal 1 as modified Appendix 1 List of detail plans as advertised Appendix 2 List of detail plans as modified Published under separate cover Submissions Transcript of Hearings Report on Submissions Metropolitan Region Scheme Amendment 1270/41 Ocean Reef Marina Redevelopment Report on Submissions 1 Introduction At its April 2014 meeting, the Western Australian Planning Commission (WAPC), resolved to proceed with this amendment to the Metropolitan Region Scheme (MRS) in accordance with the provisions of Section 41 of the Planning and Development Act 2005. 2 The proposed amendment The purpose of the amendment is rationalise various zones, reserves and Bush Forever site 325 in the MRS, to facilitate the redevelopment of the existing Ocean Reef Marina Boat Harbour, as shown on the amending Figure – Proposal 1. The proposed amendment seeks to expand and redevelop the existing Ocean Reef Boat Harbour to accommodate approximately: • 750 boat pens; • various water related landuses: • short-term accommodation; and • freehold residential and commercial uses (the sale of which will contribute to the financial viability of the proposed marina development). 3 Environmental Protection Authority advice The amendment was referred to the Environmental Protection Authority (EPA) for advice on whether environmental assessment would be required. The EPA determined that the proposed amendment does not require formal assessment under Division 3 Part IV of the Environmental Protection Act 1986 (EP Act), and advised as follows: Flora and Vegetation The EPA's objective for flora and vegetation is to maintain representation, diversity, viability and ecological function at the species, population and community level. Development consistent with amendment 1270/41 is within Bush Forever site 325. The proposal will impact approximately 27.5 ha of the Bush Forever site. Approximately 8 ha is degraded or completely degraded due to the existing marina and associated infrastructure. Approximately 19.5 ha of native vegetation is to be cleared and has the potential to indirectly impact other parts of Bush Forever site 325 through weed invasion, hydrological changes and increased pressure from human access. To compensate for these potential impacts, the City of Joondalup has identified a number of locations which may be suitable for rehabilitation and addition to the conservation estate, either in isolation or in combination. The EPA advised that potential sites will be assessed 1 against the criteria outlined in State Planning Policy 2.8 - Bushland Policy for the Perth Metropolitan Region. The WAPC requires a Negotiated Planning Outcome (NPO) that secures an appropriate conservation outcome be agreed between the Department of Planning, Lands and Heritage (DPLH), Department Water and Environmental Conservation (DWER) and the Department of Biodiversity, Conservation and Attractions (DBCA), prior to a final determination being made on the amendment. This process will ensure that the EPA's objective are met. Terrestrial Fauna The EPA's objective for Terrestrial Fauna is to maintain representation, diversity, viability and ecological function at the species, population and assemblage level. Development consistent with the amendment is likely to impact terrestrial fauna through the removal of habitat. Surveys have observed six species as significant fauna in Bush Forever 2000. These species were the White Winged Fairy Wren, Brown Goshawk, Little Eagle, White-browed Scrubwren, New Holland Honeyeater and White-cheeked Honeyeater. Surveys indicate that the site may have a high diversity of reptiles. A further 22 species of conservation significance are inferred as occurring in the habitat from historical observational data and WA museum specimens. The area is likely to provide feeding habitat for Carnaby's Black Cockatoo and Peregrine Falcon, as well as feeding and breeding habitat for the Rainbow Bee-eater. To compensate for these potential impacts, the City of Joondalup has identified a number of locations which may be suitable for rehabilitation and addition to the conservation estate, either in isolation or in combination. The WAPC requires a NPO that secures an appropriate conservation outcome and that it be agreed to by the DPLH, DWER and the DBCA, prior to a final determination being made on the amendment. This