City of Bunbury Council Notice of Agenda Briefing

The next Agenda Briefing of the City of Bunbury Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 11 February 2020 at 5.30pm.

Members of the public are advised that no public question time is included in the Agenda Briefing.

ORDER OF BUSINESS

1. Attendance and apologies

2. Announcements by the Chair/Presiding Member

3. Disclosures of Interest

4. Review of items listed under sections 10 ‐ 15 of the Draft Agenda for the Ordinary Council Meeting of 18 February 2020 (attached)

4.1 Questions from Elected Members

5. Closure of Agenda Briefing

CITY OF BUNBURY 4 Stephen Street Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21 Bunbury WA 6231

Telephone: (08) 9792 7234 • Facsimile: (08) 9792 7184 • TTY: (08) 9792 7370 • www.bunbury.wa.gov.au

City of Bunbury Council

Notice of Meeting and Agenda 18 February 2020

CITY OF BUNBURY 4 Stephen Street Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21 Bunbury WA 6231

Telephone: (08) 9792 7234 • Facsimile: (08) 9792 7184 • TTY: (08) 9792 7370 • www.bunbury.wa.gov.au

Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors ...... 7 2. Disclaimer ...... 8 3. Announcements from the Presiding Member ...... 8 4. Attendance ...... 9 4.1 Apologies ...... 9 4.2 Approved Leave of Absence ...... 9 5. Declaration of Interest ...... 10 6. Public Question Time ...... 10 6.1 Public Question Time ...... 10 6.2 Responses to Public Questions Taken ‘On Notice’ ...... 10 7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ...... 11 7.1 Minutes ...... 11 7.1.1 Minutes – Ordinary Council Meeting ...... 11 8. Petitions, Presentations, Deputations and Delegations ...... 12 8.1 Petitions ...... 12 8.2 Presentations ...... 12 8.3 Deputations ...... 12 8.4 Council Delegates’ Reports ...... 12 8.5 Conference Delegates’ Reports ...... 12 9. Method of Dealing with Agenda Business ...... 12 10. Reports ...... 13 10.1 Recommendations from Advisory Committees ...... 13 10.2 Chief Executive Officer Reports ...... 14 10.2.1 Government Guarantee Loan Fees ...... 14 10.3 Director Strategy and Organisational Performance ...... 17 10.4 Director Sustainable Communities ...... 18 10.4.1 West Australian Football Commission Funding Request ...... 18 10.4.2 Proposed Draft Local Structure Plan for Lots 14, 28 and 29 Jeffrey Road, Glen Iris . 23 10.5 Director Infrastructure ...... 34 11. Applications for Leave of Absence ...... 35 12. Motions on Notice ...... 35 13. Questions on Notice ...... 35 13.1 Response to Previous Questions from Members taken on Notice ...... 35 13.2 Questions from Members ...... 35 14. New Business of an Urgent Nature Introduced by Decision of the Meeting ...... 35

Table of Contents

Item No Subject Page

15. Meeting Closed to Public ...... 35 15.1 Matters for which the Meeting may be Closed ...... 35 15.2 Public Reading of Resolutions that may be made Public ...... 35 16. Closure ...... 35

18 February 2020 Agenda – Council Meeting Acknowledgement of Country

We acknowledge the Traditional Custodians of this land, the Wardandi Noongar people, and pay our respects to Elders past, present and future.

Vision

Bunbury: welcoming and full of opportunities.

Organisational Values

#WEARECOB

We are one team We keep each other safe WE ARE COMMUNITY We display empathy and respect We have fun and celebrate our successes We work together to achieve great outcomes

We are open to opportunities We actively listen and think things through WE ARE OPEN We are inclusive and treat everyone equally We are honest and open in our communications We are open to feedback to improve our performance

We lead the change, we own it We trust and empower each other WE ARE BRAVE We have the difficult conversations early We hold ourselves to the highest standard We have the courage to improve and simplify

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Nature of Council’s Role in Decision Making

Advocacy: When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative: Includes adopting local laws, town planning schemes and policies.

Review: When Council reviews decisions made by Officers.

Quasi‐Judicial: When Council determines an application/matter that directly affects a person’s rights and interests. The Judicial character arises from the obligations to abide by the principles of natural justice.

Examples of Quasi‐Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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City of Bunbury Council Notice of Meeting

The next Ordinary Meeting of the City of Bunbury Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 18 February 2020 at 5.30pm.

MJ (Mal) Osborne Chief Executive Officer (Date of Issue: 14 February 2020)

Agenda 18 February 2019

Note: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting.

Council Members:

Mayor Gary Brennan Deputy Mayor Jaysen Miguel Councillor James Hayward Councillor Michelle Steck Councillor Karen Steele Councillor Todd Brown Councillor Tresslyn Smith Councillor Betty McCleary Councillor Kris Plumb Councillor Amanda Yip Councillor Cheryl Kozisek Councillor Wendy Giles Councillor Karen Turner

1. Declaration of Opening / Announcements of Visitors

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2. Disclaimer

The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting or failing to act in reliance upon any statement, act or omission made during a Council Briefing or Council Meeting does so at their own risk.

Please note the recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting.

Any statement or intimation of approval regarding any planning or development application made during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City. The City advises that anyone who has an application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attached to the decision made by Council regarding the application.

Copyright

Any plans or documents contained within this Agenda and any associated Appendices are Copyright of the City of Bunbury. The content is protected by Australian and International copyright trademark. Content must not be modified or reproduced without written authorisation of the City of Bunbury.

Recording and Webstreaming of Meetings

 All Ordinary and Special Council Meetings are electronically recorded except when Council resolves to go behind closed doors  All recordings are retained as part of the City’s records in accordance with the General Disposal Authority for Local Government Records produced by the Public Records Office  The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live‐ Stream.aspx  Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council‐Meeting‐ Videos‐2019.aspx  Images of the public gallery are not included in the streaming, however the voices of people in attendance may be captured and streamed.  If you have any issues or concerns regarding the live streaming and recording of meetings, please contact the City’s Governance Officer on 9792 7273.

3. Announcements from the Presiding Member

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4. Attendance

4.1 Apologies

4.2 Approved Leave of Absence

Mayor Brennan is on approved leave of absence from 18 February to 3 March inclusive.

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5. Declaration of Interest

Members should fill in Disclosure of Interest forms for items in which they have a financial, proximity or impartiality interest and forward these to the Presiding Member before the meeting commences.

Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.”

Section 5.60B: “a person has a proximity interest in a matter if the matter concerns – (a) a proposed change to a planning scheme affecting land that adjoins the person’s land; or (b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.”

Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.”

6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement.

In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question form which is provided in the trays at the back of the public gallery and on the City’s website. The completed form must include your name and address and contain no more than three (3) questions. If your question requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a written response and a summary of your question (and any responses provided) will be printed in the minutes of the meeting.

6.1 Public Question Time

6.2 Responses to Public Questions Taken ‘On Notice’

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7. Confirmation of Previous Minutes and other Meetings under Clause 19.1

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting

The minutes of the Ordinary meeting of the City of Bunbury Council held on 4 February 2020 have been circulated.

Recommendation

The minutes of the Ordinary meeting of the City of Bunbury Council held 4 February 2020 be confirmed as a true and accurate record.

Voting Requirement: Simple Majority Required

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8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions

Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, upon receiving a petition, the Council is to a) Receive the petition and refer to the relevant officer for a report to be submitted within the next two (2) rounds of Council meetings; or b) Reject the petition

8.2 Presentations

8.3 Deputations

8.4 Council Delegates’ Reports

8.5 Conference Delegates’ Reports

9. Method of Dealing with Agenda Business

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10. Reports

10.1 Recommendations from Advisory Committees

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10.2 Chief Executive Officer Reports

10.2.1 Government Guarantee Loan Fees

Applicant/Proponent: Internal Report Responsible Officer: Mal Osborne, Chief Executive Officer Responsible Manager: Mal Osborne, Chief Executive Officer Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☒ Advocacy ☐ Review ☐ Executive/Strategic ☐ Quasi‐Judicial ☐ Legislative ☐ Information Purposes Attachments: Nil

Summary

The Chief Executive Officer recently wrote to the State Treasurer, the Hon Ben Wyatt MLA (the Minister) with a request for the State Government to review the 2015/16 increase in State Government Guarantee Fee (GFEE) payable by Local Government Authorities (LGA’s) for loans outstanding with the Western Australian Treasury Corporation (WATC) from 0.1% p.a. to 0.7% p.a.

The Minister responded that there are currently no plans to review the methodology for the GFEE.

This matter is now brought to Council’s attention with the recommendation to forward this to the South West Country Zone for further advocacy due to the financial burden the increase in GFEE has on the local government industry, and by extension, the community.

Executive Recommendation

That Council:

1. Notes its disappointment to the response received from the State Treasurer that there is no plan to review the rate charged for the State Government Guarantee Fee payable by Local Government Authorities for loans outstanding with the Western Australian Treasury Corporation.

2. Requests that the Chief Executive Officer raise this matter at the next meeting of the South West Country Zone for further advocacy due to the financial burden the increase in State Government Guarantee Fee has on the community.

Voting Requirement: Simple Majority

Strategic Relevance

Theme 4: Our City. Goal: Civic leadership, partnerships and sound governance in delivering with and for the community. Objective No.4.4: A skilled organisation, which exercises responsible asset stewardship, sound financial management, and exemplary customer service.

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Background

As part of the 2015/16 WA State Budget the State Government increased the GFEE payable by LGA’s for loans outstanding with the WATC to 0.7% p.a. from 0.1% p.a. previously charged. This increase in GFEE rate applied from 1 July 2015 on the balance of all existing and future debt held by LGA’s with WATC.

The GFEE is a charge imposed by the State Government, with the WATC directed by the Treasurer in accordance with its legislation to collect the GFEE on behalf of the State Government and forward the proceeds to the Department of Treasury. This fee represents the explicit guarantee provided by the Treasurer on behalf of the State for the financial liabilities incurred by WATC to the financial markets, in raising loan funds for agencies.

The Chief Executive Officer recently sought clarification as to the rationale for such a proportionately significant cost for the GFEE rate in lieu of the low interest rates applicable today and considering how rare it would be for a LGA to default on these loan borrowings.

The Minister’s response stated that while this fee may currently represent a historically high percentage of the overall interest costs charged by the WATC, it remains that this fee represents a charge for the provision of an explicit guarantee for financial liabilities incurred by WATC on behalf of its clients rather than a charge linked to the interest rate being applied to those liabilities.

The Minister’s response also advised that there is currently no plan to review the methodology for the Loan Guarantee Fee.

Council Policy Compliance

Not Applicable.

Legislative Compliance

Not Applicable

Officer Comments

With interest rates now significantly lower than in 2015, the GFEE of 0.7% represents a significant portion of the interest cost charged by WATC. For example today’s Indicative Local Government Interest Rates for a 10 year loan with semi‐annual repayments is 1.32%. With the 0.7% GFEE added to this, the total interest rate is 2.02%. This means that the GFEE is over 34 percentage of the interest cost and would be greater for shorter term loans with lower interest rates.

The City of Bunbury in 2018/19 had $12.5 million of loans through WATC. The interest cost was $462,851 with an additional $88,213 for the GFEE. In 2019/20 it is estimated the GFEE will be $84,255. This is a cost which the community has to pay.

Analysis of Financial and Budget Implications

There are no financial or budget implications to request advocacy support from the South West Country Zone.

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Community Consultation

Not Applicable.

Councillor/Officer Consultation

This agenda is to bring the issue of high GFEE’s imposed by the State Government on local government loans from WATC to Council’s attention.

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10.3 Director Strategy and Organisational Performance

Nil.

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10.4 Director Sustainable Communities

10.4.1 West Australian Football Commission Funding Request

File Ref: COB/1187 Applicant/Proponent: West Australian Football Commission Incorporated. Responsible Officer: Juaini Taylor, Senior Events Officer Responsible Manager: Kerry Shaw, Acting Manager People and Place Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy ☐ Review ☒ Executive/Strategic ☐ Quasi‐Judicial ☐ Legislative ☐ Information Purposes Attachments: Nil

Summary

An opportunity has been proposed to the City of Bunbury from the West Australian Football Commission Inc. (WAFC) to consider a West Australian Football League (WAFL) and West Australian Football League Women’s (WAFLW) regional fixture game to be held in Bunbury on 16/17 May 2020.

This request is for Council to consider providing financial assistance of $35,000 towards broadcasting costs and hosting the WAFL/WAFLW double header. This request falls outside of the City’s annual grant round, which opens in April and closes mid‐May, and the budgeted funds of $257,250 in project PR‐3912 ‘Provide funding for an “Events Grants” Funding Round 2019/20’ have been fully allocated to other events.

The 2019/20 Budget would be amended as follows:

Impact Budget From To Change Increase PR‐3912 Provide funding for an “Events $257,250 $292,250 $35,000 Grants” Funding Round 2019/20 Decrease Closing Funding Surplus 30 June 2020 $211,279 $176,279 $(35,000)

Executive Recommendation

That Council:

1. Agree to provide a maximum cash contribution of $35,000 to the WAFC to bring a WAFL/WAFLW double header fixture to Bunbury on 16/17 May 2020. This allocation is subject to the applicant confirming other sources of funding towards the event. 2. Noting that all gate, bar and kiosk revenue is to be managed by and go to the South West Football League, authorise the CEO to negotiate with the South West Football League for the League to provide a contribution toward the hosting of the proposed fixture. 3. Agree that project ‘PR‐3912 Provide funding for an “Events Grants” Funding Round 2019/20’ is increased by $35,000 from $257,250 to $292,250 to enable the City to provide a financial contribution to the WAFC, noting that this will be funded from the City’s Closing Funding Surplus at 30 June 2020.

Voting Requirements: Absolute Majority required for point 3.

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Strategic Relevance

Theme 1 Our Community and Culture Goal A safe, healthy and cohesive community, with a rich cultural life and supportive social environment. Objective 1.2 An active community, able to access a wide range of sporting, recreation and leisure options.

Regional Impact Statement

It is forecast that the fixture would attract 3,000‐4,000 attendees (of which 1,000+ travelling) based on prior WAFL fixtures in the South West, Swans vs West Coast attendance average, and a large travelling contingent from Collie likely.

Given the are one of the proposed teams to play in the fixture, the event will be very appealing to the local community. The West Coast Eagles also do not currently have a separate Reserves team therefore the majority of players on field during these games will be professional players drafted to the West Coast Eagles Australian Rules Football (AFL) team, which will also prove to be a drawcard for attendees.

Other statistics to consider include:

 The average WAFL regular season attendance in season 2019 was 1,568/game*  A Swan Districts home game average attendance in season 2019 was 1,735/game (+10.7% to all of WAFL average)  A West Coast Eagles WAFL game average attendance in season 2019 was 1,683/game* (+7.3% to all of WAFL average)  The last two WAFL fixtures to occur in the South West saw over 3,000 people attend (3,061 Bunbury 2014 / 3,239 Busselton 2017)

*Average WAFL regular season and average WCE game attendance figures exclude Optus Stadium curtain raisers.

An investment from the City related to additional broadcast expenditure would be a cost effective tourism promotional tool, and has the following benefits:

 Largest accessible TV sporting audience in WA outside of the three teams whose seasonal content is committed to Optus Stadium (West Coast Eagles, and Perth Scorchers).  Significant reach into Perth metro market promoting Bunbury as an intrastate tourism destination.  Capability to prove to the AFL that Hands Oval is a broadcast ready facility for Marsh series and/or AFLW fixtures.

Background

The City of Bunbury has been provided an opportunity to host a WAFL and WAFLW doubleheader game at Hands Oval Bunbury on 16/17 May 2020, featuring the Swan Districts Football Club and the West Coast Eagles.

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It is noted that the proposed date is in less than six (6) months, however this particular date was selected due to the following reasons:

 WAFLW season does not commence until 2 May, therefore to deliver a double header a fixture would be required to take place after this date.  West Coast’s preference is for a regional fixture to occur on a weekend when their AFL team is away.  Swan Districts are comfortable to take any fixture regional provided that it is not on ANZAC or NAIDOC weekend.  Determining the optimal broadcast window on the Seven Network that does not compete with AFL content.

In addition to the WAFL and WAFLW fixture, a local football fixture will also take place as part of the event, with this being a SWFL fixture between South Bunbury Football Club v Collie Football Club.

Council Policy Compliance

Not applicable.

Legislative Compliance

Not applicable.

Officer Comments

Hands Oval meets the venue requirements to be able to host a WAFL game. The last WAFL fixture to take place in Bunbury was between Swan Districts and East Perth in 2014. Enabling an AFL team to utilise the revamped facilities at Hands Oval will provide a good trial for how the facility could cater for Marsh series or AFLW fixtures in the future.

It is anticipated a number of community engagement activities are to be delivered by the applicant on the day of the event to make it family friendly, for example a local AusKick game during half time.

A range of partnership deliverables would be made available to the City of Bunbury depending on the committed level of investment. These include but are not limited to:

 Joint media release by WAFC, City of Bunbury and Optus announcing the fixture  3 x 30s Television commercials during Bunbury broadcast  City of Bunbury acknowledgement on TVC promoting Bunbury broadcast  City of Bunbury brand acknowledgement on all social media posts relating to the fixture  Virtual Grass Signage for duration of WAFL Bunbury broadcast (below centre square)  Capability for live half time interview with City of Bunbury representative  Football development clinics conducted by WAFL and WAFLW teams  Email or web article promoting the fixture to competing team members and fans (to be further discussed with teams)

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Analysis of Financial and Budget Implications The estimated Closing Funding Surplus of $211,279 at 30 June 2020 remains unallocated. Funding of the proposed project contribution of $35,000 (ex‐GST) would be made against this unallocated component of budget in the current 2019/20 financial year.

Should Council support the WAFC request, the Closing Funding Surplus would reduce from $211,279 to $176,279.

A total budget of $101,500 is required to host the event in Bunbury, which will cover the cost of the following items:

$12,000 Accommodation $10,000 Match fees $7,500 Transport $61,000 WAFL broadcasting costs $8,500 Operational $2,500 Administration $101,500 Total Expenditure

The applicant is seeking a cash contribution of $35,000. from the City of Bunbury and a maximum of $11,500 from the Department of Sport and Recreation, towards the event.

Total event income sources:

$35,000 City of Bunbury (unconfirmed) $11,500 Department of Sport and Recreation (unconfirmed) $45,000 WAFC $10,000 Optus $101,500 Total Income

Prior regional fixtures have seen the host league take responsibility for the gate, bar and kiosk. The WAFC would propose the same model via engaging the South West Football League (SWFL) to run these operational components, with all revenue to be retained by the SWFL.

Community Consultation

The South West Football League (SWFL) initiated conversations last December, with the WAFC regarding the potential of hosting a WAFL fixture game in Bunbury 2020. Optus (WAFL/WAFLW naming rights partner) recently committed $10,000 funding towards a regional fixture. Both the West Coast Eagles and Swan Districts Football Club confirmed that they would be comfortable to travel to Bunbury for a WAFL fixture subject to no financial loss for the clubs. Subsequent to these conversations, the WAFC met at the City of Bunbury on 16 January to discuss the proposal in detail with the following staff and relevant stakeholders:

1. Juaini Taylor, Senior Events Officer, City of Bunbury 2. Gary Thompson, Acting Manager Sport and Recreation 3. Simone Nani, General Manager, South West Football League 4. Barry Tate, President, South West Football League 5. Daniel Grace, Head of Commercial, West Australian Football Commission 6. Luke Saunders, Football Operations Manager, West Australian Football League 7. Cameron Knapton, Operations Specialist, West Australian Football League

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8. Glenn Omodei, South West Regional Development Manager, West Australian Football Commission

Elected Member/Officer Consultation

This matter is presented to Council for consideration. This matter has also been presented to the Bunbury Events Advisory Group (BEAG) for consideration, albeit via electronic communications. Due to the timely nature of this matter, it is not possible for BEAG consider this item formally as a committee and make a recommendation to Council therein within the requisite timeframes. As a result of the electronic engagement with BEAG, members of that Committee have provided in principal support for this request.

Applicant Consultation

The applicant is currently in discussions with the Department of Sport and Recreation with respect to additional financial contribution towards the event.

Timeline: Council Decision Implementation

The planning of the event is time‐critical and requires an indication of financial support from Council by mid‐February, in order for the event to progress in May this year.

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10.4.2 Proposed Draft Local Structure Plan for Lots 14, 28 and 29 Jeffrey Road, Glen Iris

File Ref: P05081, SP/2018/3/1 Applicant/Proponent: Calibre Pty Ltd Responsible Officer: Justin Biggar, Planning Officer Responsible Manager: Thor Farnworth, Manager Sustainability, Planning and Development Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy ☐ Review ☒ Executive/Strategic ☐ Quasi‐Judicial ☐ Legislative ☐ Information Purposes Attachments: Appendix DSC‐1: Location Plan Appendix DSC‐2: Local Structure Plan Report Appendix DSC‐3: Traffic Impact Assessment Appendix DSC‐4: Traffic Impact Assessment Technical Note Appendix DSC‐5: Flora Survey Report Appendix DSC‐6: Fauna Survey Report Appendix DSC‐7: Bushfire Management Plan Appendix DSC‐8: Hydraulic Modelling Report Appendix DSC‐9: Local Water Management Strategy Appendix DSC‐10: Certificates of Title Appendix DSC‐11: Geotechnical Investigation Appendix DSC‐12: Wetland Management Plan Appendix DSC‐13: Servicing Report Appendix DSC‐14: Draft Local Structure Plan Map Appendix DSC‐15: Proposed Conceptual Subdivision Layout with Alternative Connection to Lot Appendix DSC‐16: Schedule of Local Government Modifications Appendix DSC‐17: Schedule of Submissions

Summary

The proposed draft structure plan submitted by Calibre Pty Ltd for Lots 14, 28 and 29 Jeffrey Road, Glen Iris, proposes rezoning of the land to ‘Residential Zone’ in order to enable its subdivision for residential purposes at the R30 density, consistent with neighbouring development.

Lots 14 and 28 are included in the ‘Urban Development Zone’ under the City of Bunbury Local Planning Scheme No. 8 (LPS8 or the Scheme) with Lot 29 included in the ‘Public Purposes Reserve’ under the Greater Bunbury Region Scheme (GBRS or the Region Scheme).

Notwithstanding the fact that Lot 29 is not included in the ‘Urban Development Zone,’ the proponent was advised through consultation with the Department of Planning, Lands and Heritage (DPLH) that a structure plan could be prepared over all of the subject lots in accordance with Part 4, clause 16(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations).

The proposed draft structure plan has been publicly advertised in accordance with the deemed provisions of the Regulations for a period of 28 days. The draft structure plan, with recommended minor corrections and modifications that address concerns raised in submissions, is now presented to Council in order to seek a recommendation to the WAPC for its consideration to finally endorse.

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Executive Recommendation

That Council:

1. Pursuant to Schedule 2, Part 4, clause 20 of the Planning and Development (Local Planning Schemes) Regulations 2015, recommend to the Western Australian Planning Commission that the proposed draft Local Structure Plan for Lots 14, 28 and 29 Jeffrey Road, Glen Iris, be approved subject to satisfactorily incorporating additions and corrections as identified in the Schedule of Local Government Modifications.

2. Advise the applicant, landowner and submitters of Council’s decision.

Voting Requirement: Simple Majority

Strategic Relevance

Theme 3: Our places and spaces Goal: A natural and built environment that reflects Bunbury’s core values. Objective 3.3 High‐quality urban design, well‐planned neighbourhoods with housing choice, and appropriate provision for diverse land uses to meet the community’s needs.

Regional Impact Statement

The adoption of the proposed draft structure plan by the WAPC will not expect to have a regional level or scale of impact or significance, beyond the suburban area of Glen Iris; other than to increase housing availability in the city by approximately 120 additional dwellings.

Background

Lots 14, 28 and 29 Jeffrey Road in Glen Iris, located approximately five kilometres south east of the Bunbury city centre, together form a land parcel of 9.86 hectares. The subject lots are relatively flat with direct frontage to Jeffrey Road and are bound on three sides by privately owned land holdings. A location plan is attached at Appendix DSC‐1.

Lots 14 and 28 are included in the ‘Urban Development Zone’ under LPS8 with the rear portion of Lot 28 included in the ‘Bushland Areas Special Control Area.’ The lots currently support two residences with the majority of the land parkland cleared. Historically the land has been used for rural purposes, mainly low intensity grazing and agistment.

Lot 29 is included in the ‘Public Purposes Reserve’ under the Region Scheme. Previously forming a component of the Glen Iris relief floodway protection regime under the ownership of the South West Development Commission (SWDC), which the Commission sold after revised flood modelling identified the site as no longer being required for flood protection. As such, Lot 29 was sold to the current owner as surplus to Crown needs. An application for a single house on the lot was subsequently approved subject to conditions imposed by the WAPC in March 2016, despite the land being included in the regional ‘Public Purposes Reserve.’

A GBRS amendment is currently progressing for the rezoning of Lot 29 to be included in the ‘Urban Deferred Zone’ under the Region Scheme. This procedure and a local planning scheme amendment are required to be finalised prior to approval of the proposed draft structure plan by the WAPC.

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The land to the immediate south is under single ownership and forms part of the draft South Moorlands Structure Plan approved by Council on 20 September 2016. As such, the Jeffrey Road structure plan has been designed to connect in with the proposed layout of the neighbouring structure plan area.

Council Policy Compliance

The following documents of the State and local planning frameworks are the primary references and statutory planning instruments applicable to the assessment of this proposed draft structure plan:

 Planning and Development Act 2005;  Planning and Development (Local Planning Schemes) Regulations 2015;  State Planning Policy 2.0 Environment and Natural Resources;  State Planning Policy 3.0 Urban Growth and Settlement;  State Planning Policy 7.0 Design of the Built Environment;  State Planning Policy 3.7 Planning in Bushfire Prone Areas;  Liveable Neighbourhoods (2009);  Structure Plan Preparation Guidelines (2012);  Draft Structure Plan Framework (2015);  Transport Impact Assessment Guidelines: Volume 2 ‐ Planning Schemes, Structure Plans and Activity Centre Plans (2016);  Greater Bunbury Region Scheme;  Greater Bunbury Region Scheme Floodplain Management Policy 2017;  City of Bunbury Local Planning Strategy for Activity Centres and Neighbourhoods (2010);  City of Bunbury Local Planning Strategy (2018); and  City of Bunbury Local Planning Scheme No. 8 (LPS8).

The proposed draft structure plan complies with the deemed provisions under Part 4, clause 16(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, which is to be read as part of the Scheme. The City of Bunbury’s local planning framework of associated land use and urban design strategies and local planning policies will continue to be relevant throughout the subsequent subdivision and development assessment stages.

Legislative Compliance

Following conclusion of public advertising in accordance with the Regulations, the local government is to consider all submissions received, and subsequently provide to the WAPC a recommendation on whether the proposed draft structure plan should be approved by the Commission, including any recommended modifications. In accordance with the Regulations, there is a 60 day timeframe for a local government to provide this information to the WAPC.

Whilst the advertising period closed on 27 September 2019, a delay in comments back from relevant government agencies, specifically MRWA, required an extension of time from the Commission. Consequently, the WAPC granted an extension to allow time for the outstanding matters to be resolved.

Before the proposed draft structure plan is able be endorsed by the WAPC, amendments will be required to both the region scheme and the local planning scheme. An amendment to rezone Lot 29 from ‘Public Purposes Reserve’ to ‘Urban Deferred Zone’ will need to be followed by a local

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planning scheme amendment to ‘Urban Development Zone’ to ensure consistency across the two statutory planning instruments.

Following the completion of the above procedures (i.e. region and local planning scheme amendments) the draft structure plan will then be in a position to be approved by the WAPC. Should the proposed draft structure plan be approved, the ‘Residential Zone’ (at an ‘R30’ density) and the ‘Public Open Space Reserve’ and ‘Local Road Reserve’ shown on the proposed draft structure plan map will need to be implemented through a further ‘basic’ amendment to LPS8. Once the structure plan has been endorsed, the local government and the WAPC is to have due regard to the structure plan in considering any future applications for subdivision and development approval.

Officer Comments

The full draft of the Local Structure Plan Report, containing Part 1 (implementation section) and Part 2 (explanatory section) is attached at Appendix DSC‐2. A number of accompanying technical reports and supporting information supplement the draft structure plan as proposed, which are also attached as appendices DSC‐3 through to DSC‐15 of this report.

The proposed draft structure plan was accepted for public advertising on the basis of it constituting sufficient information commensurate with the scale of planning being undertaken, and in the manner and form as required under the Regulations.

In response to the submissions received, and based on the officers’ assessment of the proposal, it can be advised that the draft structure plan as proposed is generally supported, subject to a number of minor modifications being made in order to provide further clarification of the development requirements during subsequent stages of the planning process.

However, as discussed in previous sections of this report, it must be noted that the proposed structure plan layout could require substantial modification as a result of MRWA regional road network upgrades currently being investigated as part of the BORR and Glen Iris district structure planning exercises.

Zoning and Land Use

The objectives of the ‘Urban Development Zone’ in which part of the subject area is located are as follows:

 To provide an intention of future land use and a basis for more detailed structure planning in accordance with the provisions of this scheme.  To provide for a range of residential densities to encourage a variety of residential accommodation.  To provide for the progressive and planned development of future urban areas for residential purposes and for commercial and other users normally associated with residential development.  To provide an intermediate transitional zone following the lifting of an urban deferred zoning within the Greater Bunbury Region Scheme.

The proposed draft structure plan is considered to be consistent with the zoning objective of both the region and local planning schemes, in providing for residential development at an appropriate density that encourages the construction of suitable dwelling types in the given locality. A

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breakdown of the proposed zoning and reserves is provided in Table 3 of the draft structure plan report. The proposed draft structure plan map is attached at Appendix DSC‐14, with an associated proposed conceptual subdivision layout attached at Appendix DSC‐ 15.

Residential Density

The draft structure plan indicates a proposed residential density of ‘R30’ with an estimated lot yield of 120 lots. As per the proposed conceptual subdivision layout, the draft structure plan proposes a range of lot sizes between 320m² to 700m². During the advertising period fifteen submissions were received from members of the public, nine of which objected to the proposed ‘R30’ residential density.

Residential densities across Glen Iris vary, with the residential density coding increasing along the Vittoria Road corridor to ‘R40,’ with higher densities of ‘R80’ in the ‘Mixed Use ‐ Residential Zone’ and ‘R100’ in the ‘Local Centre Zone’. The land to the east of Vittoria Road has a residential density of ‘R20’ and exhibits a typical suburban pattern with lot sizes ranging between 500m² and 600m². The recently developed Riverlea subdivision likewise has densities of ‘R20’ and ‘R40’, which is also consistent with the adjoining draft South Moorlands Structure Plan that is yet to be endorsed by the WAPC.

It is therefore considered that the proposed density is consistent with the prevailing pattern of development in the Glen Iris locality and aligns with the requirements of the Local Planning Strategy and the WAPC’s Liveable Neighbourhoods (2009) operational policy, which identifies higher density lots near areas of high amenity and neighbourhood centres (Element 3, R4). The subject lots are in vicinity of a ‘Local Centre Zone’ and the ‘Mixed Use ‐ Residential Zone,’ being within 50 metres at the nearest point of the structure planning area. The proposed ‘R30’ density matches or is lower than the densities in immediately neighbouring areas, particularly the Riverlea subdivision which is located a greater distance from the neighbourhood centre than the subject lots.

Further, the subject lots are identified in the Local Planning Strategy for Activity Centres and Neighbourhoods (2010) as being within a walkable catchment (400m pedshed) distance to a future neighbourhood centre and an area for which medium density housing would normally be applied. The proposed density is consistent with the Local Planning Strategy and provides appropriate housing diversity and choice within the City of Bunbury.

Traffic and Road Network

The proposed road layout for the draft structure plan area complies with the requirements of Element 2 (Movement Networks) of Liveable Neighbourhoods (2009). The design of internal access streets are highly interconnected with the draft South Moorlands Structure Plan that sits immediately to the south of the Jeffrey Road structure plan area.

The access streets meet the recommended lengths required by the policy and provide perimeter blocks for dwellings to be orientated so as to face streets with a relatively continuous street frontage. While a cul‐de‐sac is not the preferred street type in new subdivisions, in this instance it has been utilised to provide a link to the bushfire emergency access way as required by State Planning Policy 3.7 Planning in Bushfire Prone Areas, discussed in greater detail below. Further, the cul‐de‐sac design meets the requirements of the policy in terms of length and number of fronting lots.

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A Traffic Impact Assessment (TIA) has been provided in support of the proposed draft structure plan that is consistent with the requirements of the WAPC’s Transport Impact Assessment Guidelines: Volume 2 ‐ Planning Schemes, Structure Plans and Activity Centre Plans (2016), as attached at Appendix DSC‐3.

The assessment has indicated that traffic volumes expected to be generated by the proposal can be accommodated by the existing local road network. In referral comments provided on the proposal, MRWA did not object but indicated that the structure plan should be deferred pending the completion of regional road network investigations. In lieu of deferral, they requested that traffic modelling be undertaken regarding the impact on turn treatments at the intersection of Vittoria Road and Forrest Highway.

A further addendum to the TIA, attached at Appendix DSC‐4 was provided by the proponent addressing MRWA’s referral advice comments, indicating that the anticipated traffic numbers were not sufficient to justify such a request as per WAPC assessment guidelines. Notwithstanding the fact that MRWA is already undertaking the requisite traffic modelling, the request is considered unreasonable given the anticipated increase in movements generated by the proposal (i.e. only 25 left turn out movements and 11 right turn out movements at the peak hour), is well below the 20% increase required to trigger further modelling.

It is noted that while the TIA indicates the location of proposed footpaths, this is not reflected on the draft structure plan map, and in which the report is also silent on the location of pathways or how the proposal will connect to the existing pathway network. It is therefore recommended that a modification to the draft structure plan map is required to demonstrate the location of shared paths as demonstrated in Figure 8 of the TIA. In addition, a further TIA will be required at subdivision stage to ensure consistency with the structure plan and provide finer grain detail of traffic movements. These changes to the draft structure plan report and map are reflected in the Schedule of Local Government Modifications document.

While the TIA for the proposed draft structure plan is generally accepted, as discussed by MRWA in its referral comments, road modelling is currently being undertaken that is likely to have an impact on the road layout and necessitate revisions of the assumptions and findings of the TIA as provided.

Bushland Areas Special Control Area

The rear portion of Lot 28 is included within a ‘Bushland Areas Special Control Area’ as denoted on the Scheme map (i.e. ‘SCA Bushland Area’). The purpose and objectives of the ‘Bushland Areas Special Control Area’ are as follows:

‘To designate areas that are known or likely to include ecological assets, values or features of local, regional or state significance:

(a) Ensure that the local government is presented with accurate and complete information on the ecological assets, values or features which may be included or impacted by a proposal or decision before an assessment of the proposal is undertaken;

(b) Provide a clear framework for how ecological assets, values or features are to be considered and protected under this Scheme;

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(c) Clarify where the local government may require the protection of an ecological asset, value or feature; and

(d) Contribute towards the achievement of the local government’s conservation targets, as identified in the Local Planning Strategy.’

The draft structure plan map identifies the land within the Special Control Area as being developed for local road reserves and residential development. In support of the proposed future development both flora and fauna ecological assessments have been undertaken by the proponent and are included as appendices to the draft structure plan report, attached at Appendix DSC‐5 and 6 respectively.

The flora assessment identifies the vegetation within the Special Control Area as ranging from ‘degraded’ to ‘completely degraded,’ having been severely impacted by past clearing and stock grazing. None of the trees were identified as containing suitable hollows for black cockatoo nesting sites with little evidence found of western ringtail possums. The fauna assessment found that impacts of clearing on protected fauna would be non‐existent/negligible.

Internal assessment by the City of Bunbury’s environmental planning team indicates that the Scheme requirements for the ‘Bushland Areas Special Control Area’ have been discharged by the proponent in their proposal. Referral comments provided by the Department of Biodiversity, Conservation and Attractions (DBCA) indicated concerns that the structure plan does not indicate how mature stands of trees are to be retained throughout the site. In their comments the DBCA note that while the understorey quality may be ‘degraded’ to ‘completely degraded’ the mature trees on site are still considered to have environmental value and are worthy of retention.

It is noted that the flora study identifies a number of mature trees within the study area, including peppermints, jarrah and marri species. While the vegetation taken in its entirety is degraded and may contain diminished habitat value, it is recognised as per the DBCA advice, that mature trees should be retained where possible within the site for purposes of both environmental value and increased residential amenity. Therefore, as contained in the Schedule of Local Government Modifications, an arborist report is to be completed prior to subdivision to identify mature trees in the subject area worthy of retention and measures for their protection during subdivisional works.

A fauna protection plan is also reflected in the Schedule of Local Government Modifications as being required as a condition prior to subdivision as per the recommendation of the DBCA. The provided management plans will then assist in minimising impacts on any fauna and retaining environmental values within the site where feasible.

Bushfire Risk Management

The Department of Fire and Emergency Services (DFES) bushfire prone area mapping has identified the subject land as a ‘Bushfire Prone Area.’ Accordingly, a Bushfire Management Plan (BMP) attached at Appendix DSC‐ 7 has been provided as Technical Appendix H to the structure plan compliant with State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP3.7). In their referral comments, DFES considers the information provided in the BMP as satisfactory at this stage, noting that further investigations and information will be required prior to subdivision; particularly as revegetation of the public open space (POS) areas may require reclassification of bushfire threat level.

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The structure plan area is reliant on an emergency access way across Lot 301 Vittoria Road to provide a secondary access as per the requirements of the bushfire protection criteria. The subject lot is privately held land that forms part of the draft South Moorlands Structure Plan area. It is noted that no detail has been provided in the BMP or draft structure plan report on the mechanism for securing the emergency access way across the neighbouring private property or whether this has been agreed to by the owner of the neighbouring land.

The emergency access requirement is triggered by the length of the cul‐de‐sac (i.e. greater than 200m) that runs along the eastern boundary of the structure plan area. The creation of the proposed lots that front the cul‐de‐sac are dependent on development occurring on the neighbouring lot to the east (#53 Jeffrey Road) and will in all likelihood form the final stage of the planned subdivision.

As such, the emergency access way will not be required immediately, depending on how the staged rollout of the lots is managed. For example, if future Lots 1 to 26 as shown on the proposed conceptual subdivision layout formed the first stage of the estate, the provision of an emergency access way to satisfy the bushfire protection criteria of SPP3.7 would not be essential. In any event, the subsequent detailed BMP required prior to subdivision will need to adequately address the issue of emergency access as needed. If emergency access is required and cannot be secured over the neighbouring land, then an alternative ‘performance principle’ solution may be necessary.

Floodplain and Drainage Management

Part of the subject land lies within the recognised floodplain of the Preston River, and as such, the GBRS Floodplain Management Policy is relevant to this assessment. The policy recognises that:

‘State and local governments have a responsibility to minimise the potential for flood damage resulting from decisions relating to land use and development on defined river floodplains. Additionally, landowners have the right to expect that adjacent land use and development will not increase the risk or impact from major river flooding on their lives and properties.’

Advice in respect of the appropriateness and potential impact of any such proposals is provided by the Department of Water and Environmental Regulation (DWER). The proponent has undertaken extensive modelling in consultation with DWER and the City of Bunbury, attached at Appendix DSC ‐8, which details the estimated flood levels that would result from the 100 year flood event (1% AEP) and the resultant impacts on the structure plan area. The modelling work completed by the proponent draws upon previous flood modelling completed as part of the draft South Moorlands Structure Plan. Based on the modelling results, a Local Water Management Strategy (LWMS) has been produced and is attached at Appendix DSC‐9.

The LWMS integrates with the flood protection measures proposed as part of the draft South Moorlands Structure Plan in order to provide a holistic approach to minimising flooding risk in the locality and protecting the existing flood regime. As part of the flood modelling undertaken to date, the north‐west corner of the subject area was identified as still being required for floodplain purposes. Accordingly, this portion of land has been set aside as POS. As examined in further detail below, this area does not form part of the overall 10 percent of land dedicated for active POS as its use is restricted and cannot be considered to be readily available for all year round recreational purposes.

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Through the consultation process, DWER has advised that it has no objection to the completed modelling and LWMS document and that the existing flood regime would not be impacted by the proposed development. The City of Bunbury was involved in the formulation of the document and broadly agrees with the referral comments provided by DWER.

In their provided comments DWER have requested the updating of the LWMS document to reference flood constraints on the development of the north‐western POS to ensure unimpeded path of travel for flood waters. These requested changes are reflected in the Schedule of Local Government Modifications attached at Appendix DSC‐16. The design and amenity of the storage basin located on the north‐western POS will be managed through the provision of a POS landscaping plan prior to subdivision.

Public Open Space

The schedule shown on page 20 (Table 3) of the draft structure plan report proposes two discrete areas of POS. The southern portion is approximately 8,984m² in area and is to be developed as a ‘nature space’ in line with the WAPC’s draft Liveable Neighbourhoods (2015) operational policy.

The portion of POS located in the north‐west corner of the draft structure plan is included in the designated floodplain area, as referenced in comments above, and as such does not form part of the 10 percent allocation of POS required for subdivision. This POS area is intended to provide an attractive entry to the estate and serve a dual use drainage function as per the LWMS. The POS provisions of the proposed draft structure plan have been assessed against the requirements of Liveable Neighbourhoods, which specifies a minimum of 10 percent of the gross subdivisible area needing to be ceded free of cost to the local government as ‘Public Open Space Reserve’.

As contained in the Schedule of Local Government Modifications, officers recommend that a landscape plan and an associated landscape management plan be submitted at the time of subdivision, in order to ensure the ongoing maintenance costs can be considered during the design process of the POS. This may enable xeriscaping of the POS with water wise plant species, thus negating the requirement for reticulated water for irrigation purposes given the Swan Superficial, Leederville and Yarragadee South aquifers are all fully allocated.

The development and landscaping of the local structure plan area, including areas dedicated as POS, will need to ensure compliance with the bushfire management plan and any required asset protection zones. It is therefore recommended that as part of the requirement to submit a landscape management plan, a condition be imposed prior to subdivision that the landscape management plan must demonstrate that the structure plan area will comply with the approved bushfire management plan into perpetuity.

Mosquito Breeding Area

The subject site is located within an identified mosquito breeding and mosquito‐borne disease risk area. It is therefore recommended that Part 2 of the proposed draft structure plan report be updated to include the following requirements for:

(a) a mosquito‐borne disease and nuisance risk assessment and a mosquito management plan to be submitted at the time of subdivision; and

(b) notification on titles to be required as a condition of subdivision to notify future land owners of the risk of mosquito‐borne diseases.

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In conclusion, officers recommend that the WAPC be advised that the proposed draft structure plan is generally supported, subject to a number of minor modifications of a technical nature, which will provide greater clarity of the development requirements at subsequent subdivision and development stages, and to also address concerns raised in submissions. A schedule of the City of Bunbury’s recommended modifications and corrections to the proposed draft structure plan is attached at Appendix DSC‐ 16.

Analysis of Financial and Budget Implications

In relation to adoption of the structure plan, the subdivider will be responsible for the design and construction of roads, footpaths, utility connections, drainage and the development of POS to the specifications and satisfaction of the City of Bunbury. On practical completion of the development, the developer will continue to have responsibility for the management and maintenance of new infrastructure assets for a period of up to two years; after which, the City will take over its management and maintenance, including the POS and asset protection zone, subject to its satisfaction with all conditions of subdivision approval.

Community Consultation

Public advertising of the proposed draft structure plan to all landowners and occupiers in the Glen Iris neighbourhood west of Vittoria Road occurred in accordance with the deemed provisions of the Regulations for a period of 28 days, with advertising formally closing on 27 September 2019.

Fifteen objections were received from members of the public, the majority raising concerns with the proposed density of the draft structure plan area.

Referral to the following state government agencies and public utility providers also occurred in accordance with the deemed provisions of the Regulations during the public advertising period:

 Department of Planning, Lands and Heritage (DPLH);  Department of Water and Environmental Regulation (DWER);  Department of Biodiversity, Conservation and Attractions (DBCA);  Environmental Protection Authority (EPA);  Main Roads Western Australia (MRWA);  Department of Fire and Emergency Services (DFES);  South West Development Commission (SWDC);  Water Corporation (WaterCorp);  Aqwest;  ATCO Gas Australia; and  Western Power.

Ultimately, 10 submissions of no objection were received from the agencies and utilities, with various recommendations provided. Main Roads recommended that the structure plan be deferred for a period of six months to enable completion of the road planning in the Glen Iris locality.

The details of all comments received, together with a response from the City of Bunbury’s officers is contained within the Schedule of Submissions attached at Appendix DSC‐17.

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Councillor/Officer Consultation

The proposal has been referred to the Executive Leadership Team (ELT) and to the Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report.

Applicant Consultation

A copy of the schedule of modifications and corrections to the proposed draft structure plan has been provided to the applicant, with the proponent advising that they have no objection to the officers’ recommended changes to the finalised draft structure plan.

Timeline: Council Decision Implementation

Subject to Council’s endorsement of the recommendation, the proposed draft structure plan documentation and accompanying schedule of submissions will be forwarded to the WAPC for its determination. Upon formal advice of the Commission being received of its approval, a copy of the finalised structure plan will be made publicly available through the following means:

 public notification published in a locally circulated newspaper;  electronic copies of the document posted on the City of Bunbury’s website; and  hard copies of the document made available at the City of Bunbury’s customer service centre and libraries.

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10.5 Director Infrastructure

Nil.

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11. Applications for Leave of Absence

No requests for Leave of Absence had been received at the time of printing.

12. Motions on Notice

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice

13.2 Questions from Members

14. New Business of an Urgent Nature Introduced by Decision of the Meeting

15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed

15.2 Public Reading of Resolutions that may be made Public

16. Closure

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