SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

ITEM NO SUBJECT PAGE

11.2.1 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES – 19 MAY 2021 1

11.2.2 AMENDED LOCAL PLANNING POLICY 7 – SHORT STAY ACCOMMODATION – FOR FINAL ADOPTION 42

11.2.3 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES – 11 MAY 2021 157

11.2.4 SCHEME AMENDMENT AND ASSOCIATED STRUCTURE PLAN – LOTS 48 TREETON ROAD AND 49 FRIESIAN STREET, COWARAMUP – FOR FINAL ADOPTION 176

11.2.5 REGIONAL CLIMATE ALLIANCE PROGRAM 187

11.2.7 REVIEW OF THE DEVELOPMENT ASSESSMENT REPORTING PROCESS 208

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

11.2.1 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES – 19 MAY 2021

Attachment 1 – Unconfirmed Bush Fire Advisory Committee Meeting Minutes – 19 May 2021

1

Augusta Margaret River Bush Fire Advisory Committee

Minutes

For the meeting held Wednesday, 19 May 2021 Margaret River Council Chambers 41 Wallcliffe Road, Margaret River Commencing at 6.00pm

2 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

Notice of Meeting

Please be advised that a meeting of the Augusta Margaret River Bush Fire Advisory Committee was held on 19 May 2021, commencing at 6.00pm

Margaret River Council Chambers 41 Wallcliffe Road Margaret River WA 6285

This meeting was open to members of the public.

If you were unable to attend the meeting, please contact Lisa Garstone, Emergency Services Admin Officer.

P: 9780 5639 E: [email protected]

3 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

Order of Business Agenda Subject Listing

Notice of meeting Order of business

1.0 Declaration of opening

2.0 Attendance / Apologies 2.1 Attendance 2.1 Apologies

3.0 Question time for the public

4.0 Disclosure of members’ interests

5.0 Confirmation of minutes of previous meeting 5.1 Bush Fire Advisory Committee Minutes: 17 February 2021

6.0 Business arising from previous minutes 6.1 Action List

7.0 Reports from Shire Officers and Delegates 7.1 Chief Bush Fire Control Officer 7.2 Deputy Chief Bush Fire Control Officer 7.3 Shire Bush Fire Brigades 7.4 Acting Community Emergency Services Manager / Shire Training Officer 7.5 Shire Executive Officer / Representative 7.6 Shire Coordinator Ranger Services 7.7 Department of Fire and Emergency Services 7.8 Volunteer Fire and Rescue Service 7.9 Bush Fire Ready Facilitators 7.10 Department of Biodiversity Conservation and Attractions 7.11 State Emergency Services

8.0 General business 8.1 DFES Volunteer Management Support Officer Update 8.2 Western Power Mitigation Activity Update 8.3 Outcome of WALGA Zone Meeting BFAC Agenda Item 8.4 Bush Fire Brigade Shire Email Addresses 8.5 National Volunteer Week 8.6 Fire and Biodiversity Forum 8.7 2021-22 Firebreak Notice and Bushfire Information Booklet 8.8 Consolidation of Training Calendars 8.9 Status of Proposed Exmoor Emergency Water Point 8.10 Removal of Yates Road Emergency Water Point Signage 8.11 Flashing Beacons and Magnetic Vehicle Signage for FCOs 8.12 Nomination of Molloy Island Fire Control Officer 8.13 Nomination of Molloy Island BFAC Delegate/Proxy

9.0 Matters for which the meeting may be closed (Confidential Items)

10.0 Closure of meeting

4 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

1.0 Declaration of opening

The Chair welcomed all in attendance and the meeting was declared open at 6.03pm.

2.0 Attendance / Apologies 2.1 Attendance Committee Members David Holland : Chief Bush Fire Control Officer (CBFCO)/ Presiding Member Quentin Blunsdon : Deputy Chief Bush Fire Control Officer (DCBFCO)/ Deputy Presiding Member Tony Mostert : Alexandra Bridge Bush Fire Brigade Delegate Tim Garstone : Cowaramup Bush Fire Brigade Delegate Simon Hanson : Karridale Bush Fire Brigade Proxy Matt Nield : Kudardup Bush Fire Brigade Proxy John Matten : Molloy Island Bush Fire Brigade Delegate Andrew Newnham : Rosa Brook Bush Fire Brigade Delegate Gordon Temby : Wallcliffe Bush Fire Brigade Delegate/ Bush Fire Ready Facilitator (North) Diane Holland : Witchcliffe Bush Fire Brigade Delegate

Shire Staff Members

Ian Earl : Shire President Nick Logan : Director Sustainable Development and Infrastructure Services Ian McLeod : Manager Legal and Governance Services Narelle Graue : Coordinator Ranger Services Lisa Garstone : Acting Community Emergency Services Manager/Minute Taker

Observers Ed Hatherley : Department of Biodiversity Conservation and Attractions (DBCA) Adam Jasper : Department of Fire and Emergency Services (DFES) Linda Ashton : Department of Fire and Emergency Services (DFES)

2.2 Apologies Stephanie : Chief Executive Officer Addison-Brown Adrian Yates : Augusta Margaret River State Emergency Service (SES) Petrina Yates : Augusta Margaret River State Emergency Service (SES) Peter Thomas : Department of Fire and Emergency Services (DFES) Julia Meldrum : Shire Councillor Brian Daniel : Shire Councillor Peter Brindley : East Augusta Bush Fire Brigade Delegate Peter Delfs : Gracetown Bush Fire Brigade Delegate Georgina Thiele : Bush Fire Ready Facilitator (South) Andrew Hunt : AMR/Busselton/Capel BRPC

3.0 Question time for the public Nil

4.0 Disclosure of members’ interest

Shire President Ian Earl declared an Impartiality Interest in all BFAC agenda items, as he is a member of the Cowaramup Volunteer Bush Fire Brigade.

5 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

5.0 Confirmation of minutes of previous meeting 5.1 Bush Fire Advisory Committee Meeting Minutes: 17 February 2021

RECOMMENDATION/BFAC DECISION BFAC2020/04 That the unconfirmed minutes of the Bush Fire Advisory Committee Meeting held 17 February 2021 be confirmed as a true and correct record of the meeting. Moved: Gordon Temby, Wallcliffe BFB Seconded: Simon Hanson, Karridale BFB Carried: 11/0

6 6.0 Matters arising from previous minutes 6.1 Action List

18/11/20 In relation to General Business Item 8.5, Diane 18/11/20: The Committee discussed this Complete David Holland Holland, Witchcliffe Captain/FCO, requested issue and the preference was decided that clarification on the issuing of Permits during the Permits are to be issued to landowners who transition from the Unrestricted to Restricted inform the Shire that they have commenced a Burning Period. controlled burn in the Unrestricted Burning Period that is, or will be, still alight during the Restricted Burning Period, as long as the burn is deemed safe to continue. However, David Holland, CBFCO, will investigate further and endeavor to clarify.

17/2/21: David advised the Committee that after a bit more research, and finding that there was no real documentation that clarifies the issue faced by FCOs issuing Permits during the transition from the Unrestricted to Restricted Burning Period, he suggested that additional text be added to the Shire’s Firebreak Notice such as ‘this includes for any burn lit prior to the Restricted Burning Period, and which is still burning on the start date of the Restricted Burning Period.’ David to discuss this additional text with the Rangers for consideration as a possible inclusion in the 2021-22 Firebreak Notice and Bushfire Information Booklet. 17/02/21 Peter Warrilow, Karridale BFB, raised the concern 17/2/21: David Holland advised the group Complete David Holland his Brigade has with the current 5-day length of that he recently spoke with DFES deployments. He stressed that the Brigades were Superintendent, Phil Brandrett, about the always keen to assist, but that 5 days is just too issue, who suggested he take the concern to long for most members. the next ROAC to be passed onto other forums.

19/5/21: David Holland advised the group that the query was raised at the last ROAC meeting held in Donnybrook in April. Minutes of this meeting to follow. The clear

7 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

consensus from DFES was that there is much flexibility in deployment length to accommodate the needs of the volunteers and length of deployment could be adjusted if necessary.

Following the Action List item, the chair introduced DFES Volunteer Management Support Officer, Linda Ashton, and Narelle Graue, the Shire’s newly appointed Coordinator Ranger Services, and welcomed them both to the meeting. The chair also welcomed Shire Manager Legal and Governance, Ian McLeod, and Director Sustainable Development and Infrastructure Services, Nick Logan.

8 7.0 Reports from Shire Officers and Delegates 7.1 Chief Bush Fire Control Officer • Well, I think that this will be the shortest report I have ever written! Perhaps this is due to the mild weather we experienced over autumn, good proactive advice to the community from Brigades, the result of fuel reduction efforts or maybe it is due to the good behaviour of landowners and visitors taking heed of the fire prevention messaging. Whatever it is, we have experienced what I think is the quietest bushfire season I can remember. • A Section 46 declaration was enacted for the Easter long weekend due to the forecast of dry and windy weather and we were concerned that absentee landowners would be tempted to light burns on their property and not supervise them correctly. • My thanks to the FCO’s for their diligence in providing our community with Permits to Burn. There were over 130 permits issued this season with very few “issues”. We received a note of thanks from the Wine Association for the recognition of the difficulty that they face each year from the threat of smoke taint and the efforts we went to in consideration of those difficulties. Adam and I met with the association and maintained a level of communication which enabled us to try to avoid the potential of smoke taint. • Due to the amount of rain that fell in late April we were able to bring forward the close of the Restricted Burning Season by two weeks. My thanks to Quentin and Lisa for managing this process while I was on leave in the sunny Kimberley region. • Please keep yourselves safe and thank you for your dedication and support.

7.2 Deputy Chief Bush Fire Control Officer • Thank you to all FCOs for issuing all the Permits requested during this restricted period. • Decision was made to suspend restricted burning and open the season due to extensive rainfall received and forecast. • Still a slight risk of the landscape drying out enough to allow a fire to run in bushland, so stay alert for a few more weeks at least. • I am planning on visiting brigades, during the winter months, to meet brigade members.

7.3 Shire Bush Fire Brigades Alexandra Bridge • Nothing to report.

Cowaramup • We have only attended 2 incidents since the last BFAC meeting. • Our 4.4 assisted DBCA for a day at the Chapman Burn on 24 April. • Training continues every Thursday night and the 2nd Sunday of the Month. • Gates and bollards have been installed around the Brigade, in the hope of deterring locals from using the carpark as a skid pad. • AGM is scheduled for 10 June 2021.

East Augusta • Meeting apology.

Gracetown • Training held regularly each fortnight with good member turnout. • Several Permits issued. • Brush pile at Fire Shed reopened.

Karridale • Regular fortnightly training has now wound down for winter. • From now on will be monthly training/maintenance. • There has been feedback from a few community members regarding a ranger visit or compliance letter/fine but not given to a nearby property that was clearly non- compliant. We have identified a few properties as well and nothing has happened.

9 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

• New truck brakes have failed already (after only a few months), were fixed but FYI. • We still have multiple fitting sizes which do not work together, e.g. Karridale 3.4 does not fit subdivision tank or Kudardup 4.4. Can we please request again that there is an audit done by AMRS that every vehicle and tank within the AMRS have compatible fittings/adapters including with DBCA/DPaW.

Kudardup • Nothing to report.

Molloy Island • Molloy Island held its AGM on Monday 10 May. • Eileen and John Matten have stood down from their positions as Captain and FCO after a combination of 26 years. They will remain as Auxiliary for a year to assist in transition. • New appointments are: o Captain - Tony Shapkaris o 1st Lieutenant - Chris Robertson o 2nd Lieutenant - Kevin Nash o Training Officer - Chris Robertson o Secretary/Treasurer - Sheena Cole Bowen o Maintenance Officer - Chris Jones o FCO Nomination - Peter Nash (for Shire approval)

The Chair advised the meeting that both John and Eileen Matten are retiring from the Molloy Island Bush Fire Brigade and took this opportunity, on behalf of the BFAC, to thank them for their many years of service, during which time they both undertook a variety of roles within the Brigade.

John Matten stated that both himself and Eileen would remain at the Brigade in an auxiliary capacity for the rest of the year.

Rosa Brook • Nothing to report.

Wallcliffe Training • Monthly training and mid-month training very well attended. Topics covered included radio use, on and off-road driving, water points, pump and hose drills, control burns, crew safety drills, call out procedures, and viewing the new Dead Person Zone video.

Membership • Membership is 72 Active trained firefighters, 3 Probationary members and 15 Auxiliary members. Total 90 BFB/FRS members

Brigade Activities • Bushfire - 2 (Smoke reports), Structural - nil, Out of Shire deployment - nil, Interstate deployment - nil.

Transition to DFES • Brigade appliances currently being assessed by DFES. A number of repairs and compliance issues have been raised. Land transfers are still being dealt with by government departments.

Witchcliffe • It has been a busy period for Permits since moving to the restricted period, but it remains very quiet otherwise. The brigade has completed one moderate size burn pile for a landowner. • We have had several members participating in training courses. One has completed the basic training and two others are part way through the two weekends. We also had one complete SFF and BA and three of us have completed the new Fire Weather Course.

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• June Cunningham accepted a weeklong deployment to Kalbarri where she assisted the Cyclone Seroja IMT by providing support with data entry into WebIOC. It was a great experience for her in that role. • She initially flew out of Busselton with the SES crew and returned with them by vehicle. • Our AGM is scheduled for Friday 4 June at 6.15pm. • We were saddened as a brigade by the passing of Margaret Good in early March. Margaret has been an auxiliary member of our brigade for just over seven years and she served alongside her partner of many years Kym Sandover, who remains an active firefighter with us. Our deepest sympathies were expressed to Kym and brigade representatives were able to attend the funeral even though some COVID restrictions remained at the time.

7.4 Community Emergency Services Manager / Shire Training Officer Prevention Mitigation Works • Preparation work has commenced on prescriptions for the Autumn burning period. Due to the summer and ongoing rain and TC Seroja commitments there have been limited opportunities to achieve any burns. We continue to monitor the weather to identify suitable opportunities • Planning is underway for the next round of Mitigation Activity Funding. The Grant Application has been submitted and we await a decision on the submission.

Preparedness Training • The following upcoming training courses are available for registration: o Machinery Supervision/Plantation Firefighting - 12-13 June - Wallcliffe BFB (Registrations Close 28 May) o Bushfire Safety Awareness - 26-27 June - Rosa Brook BFB (Registrations Close 11 June) • Please distribute the above course info to your members. • If members wish to attend both the Machinery Supervision and Plantation Firefighting courses, they will need to apply for both courses separately on eAcademy. Alternatively, they can apply for one or the other. • Participants are to lodge their training nominations for all courses via the DFES eAcademy. • St John First Aid Training will also be organised from July through to October.

Fire Shed Maintenance • We are currently in the process of reviewing a variety of maintenance services for each of the Brigades as follows:

Air Conditioning Servicing • Servicing of all relevant Brigades was completed in October 2020. • All relevant Brigades will be serviced again in late 2021.

Carpet Cleaning • All relevant Brigades are currently in the process of being cleaned. • All relevant Brigades will be cleaned again in May 2022.

Electrical Tagging and Testing (incl RCD and Emergency/Exit Lighting) • The annual tagging and testing of all Brigades is currently being organised and will take place within the next week or two.

First Aid Kit and Fire Extinguisher Servicing for Bushfire Appliances • The 6-monthly servicing of all Brigade Fire Extinguisher and First Aid equipment is currently in the process of being organised and should take place within the next week or two.

Gutter Cleaning • Gutter Cleaning of all relevant Brigades was completed in November 2020.

11 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

• All relevant Brigades will be cleaned again prior to Fire Season in late 2021.

Pest Control Treatment • Annual treatment of all Brigades is currently being organized and should take place within the next week or two.

Roller Door Servicing • Servicing of all Brigades was completed in November 2020. • Brigades will be serviced again in late 2021.

Water Filter Replacement • Brigades that currently have water filters have been asked to source and replace the filters for their specific systems themselves and then email the tax invoice receipt through to the Emergency Services Admin Officer for reimbursement. • For those Brigades that do not currently have a water filter installed, and would like one, please notify Adam or Lisa.

Layflat Hose Testing • All Brigade hose testing was completed in June 2020. • Any repairs have since been completed and returned to the relevant Brigades. • Hose testing is carried out on an annual basis.

PPE Orders • An updated Shire PPE Order Form was emailed out to Brigades on 27 April 2021 (please refer to Attachment 8.4.1), • The main differences of this newly updated form include: o Addition of info re the available lengths in the Trousers. o Addition of Women’s size option in the boots. o Change in sizes of the new 3M Full Face Respirators (now available in S, M or L). • We are changing over from the Oliver Wildland boot to the Magnum Vulcan Lite boot which, as well as coming in a Women’s version, also comes with the zip kit already attached. • If you require any additional PPE/C not listed on the form mentioned above, please email Lisa. • The Shire will exhaust all remaining PPC stock before commencing with the issue of the new style Level 1 jackets and trousers. • Please note that the sizing of the new style Level 1 PPE is slightly different to the old style. The new trousers no longer have an elasticated waist and the jackets are a slimmer fit.

Brigade AGMs • Brigades should be getting ready to hold their 2020/21 AGMs. • Following your AGMs, please forward the following information through to Lisa by 15 July 2021 (or as soon as practically possible following your meeting): o Meeting Minutes o Financial Statement (please refer to Attachment 8.4.2) o Brigade Officers (Office Bearers) (please refer to Attachment 8.4.3) • Any queries please don’t hesitate to contact Lisa or Adam.

Brigade Contact Lists • Once Lisa has made all the relevant updates to the Brigade Office Bearers in the Shire records and DFES RMS systems, she will begin to distribute the Brigade Membership Contact Lists to the Brigade Captains and Secretaries for review. • Please ensure that these contact lists are reviewed in a timely manner, and any updates sent back to Lisa by the requested date. • Please be mindful when displaying/distributing the contact lists for review as they contain sensitive information and personal details of your members. • The Contact Lists are required to be reviewed and updated at least once per year in accordance with the Bush Fires Act 1954 and ensure our Brigade membership numbers, contact details and position/ranks are up to date prior to fire season.

12 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

Acting Community Emergency Services Manager • Adam is currently on secondment with DFES as Acting Area Officer Leeuwin. • In his absence, Lisa will be backfilling Adam’s role as Acting CESM. • Lisa will be heading off on annual leave for 4 weeks as of May 22, so our new Coordinator Ranger Services, Narelle Graue, will be Acting CESM until Adam’s return to the office on May 31. However, Adam will then be on annual leave for a week, where Narelle will once again be covering his position. • To make it a bit clearer who will be who over the next few weeks, please see below: o Lisa Garstone Acting CESM 3 May to 21 May o Narelle Graue Acting CESM 24 May to 28 May o Adam Jasper CESM 31 May to 4 June o Narelle Graue Acting CESM 7 June to 11 June o Adam Jasper CESM 14 June onwards

DFES VHF/UHF Hand-Held Radio Audit • DFES are conducting a state-wide audit of all DFES supplied UHF and VHF handheld radios to BGUs. • Brigades have been asked to provide Lisa with the Make, Model and Number you have at each of your Brigades. • The audit applies to DFES supplied units only, so please do not include any radios that you have self-funded. • If you are a dual-registered Brigade, you will receive an email requesting the same information, so please ensure you only report the requested information once. • The above requested information is to be forwarded to Lisa by no later than Wednesday, 30 June 2021.

Local Government Grant Scheme (LGGS) and Shire Budget • Lisa has sourced and distributed all remaining items on your 2020/21 ESL Wish List requests. • We await approval for the recent Capital grant application normally received in July.

Appliance Servicing • All deployed vehicles were subject to a service and COVID clean upon their return, including the HSV.

Transition • DFES are currently working through their compliance requirements to facilitate the transition of the two Brigades.

Response • Nil

Recovery • Nil

7.5 Shire Executive Officer / Representative • Nothing to report.

7.6 Shire Coordinator Ranger Services • The 2020/21 inspection program was late off the ground in December due to some teething problems with the GIS component of the new software. • There were also some delays due to contractors breaking over the Christmas period. • 2019/20 Inspection Season Stats: o Over 3000 inspections o Issued 139 warnings o Issued 18 infringements o 2 properties had contractors sent in for follow up work • 2020/21 Inspection Season Stats: o 2013 property inspections 13 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

o 1461 compliant properties o 433 notices issued due to the implementation of the new 3m wide firebreak requirements. These were captured as warnings on the Shire database as a way of capturing that information. o 11 infringements issued o 0 contractors sent it to complete follow up work • Overall, it was a good year of education for the community • Approx. 150 variations were issued for various reasons including sensitive trees, infrastructure, etc. • More attention was applied to each property

Tim Garstone, Cowaramup BFB For the 2013 properties inspected in the Shire this year, roughly what percentage of the Shire would that be?

Narelle Graue, Ranger Coordinator I would say approx. 25%

Ian Earl, Shire President Out of 10,000 rateable properties, and taking away ones located in the suburban areas, then that is actually a large portion of the Shire covered this season.

7.7 Department of Fire and Emergency Services DFES Regional Staff Tim Wall is currently on leave and Adam Jasper is covering AO Leeuwin until 28 May.

Training Various courses are being conducted over the region including an Urban Search and Rescue course which is being offered to the VFRS for the first time. This will give skill sets to the VFRS to assist in searching for rubble piles after a building collapse. The plan will be to conduct more of the courses and qualify as many VFRS personal as we can across the 16 brigades in our Region.

TC Seroja TC Seroja impacted the Midwest Gascoyne region on the 11th of May, Kalbarri copped the brunt of the storm with many homes destroyed and severely damaged. The impact area of the cyclone was 1.6x the size of Tasmania. The support and response effort by volunteers and staff from across the state of Western Australia was amazing. Volunteers from SES, VFRS, BFB and VFES assisted in the incident. There was around 1500 request for assistance received and due to this large number of jobs help was received from eastern states crews. Both volunteers and career staff from Victoria, South Australia, NSW and Queensland flew into the state to help. These crews were also from the SES, Rural Fire Service and Fire and Rescue. The response to the devastation was a good example of how all services can come together from across the country to help.

National Volunteer Week 17 – 23 of May is an opportunity to celebrate the important work volunteers do within the community. Without volunteers, our state could not function, and I would like to personally thank all volunteers for the amazing work they do. Special mention needs to be made to those that give their time up to go outside of their location on task forces to help other communities. I would also like to thank all the volunteers that have assisted in mitigation activities across the region.

The above report was received following the distribution of the Agenda, but prior to the meeting being held.

Adam Jasper addressed the meeting and spoke of his recent combined 20-day deployment to Geraldton as part of the TC Seroja Recovery Taskforce where he was tasked with the role of Public Information Officer (PIO).

14 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

7.8 Volunteer Fire and Rescue Service • Not in attendance.

7.9 Bush Fire Ready Facilitators Reports Bush Fire Ready Facilitator (North) • Since the February BFAC meeting, I have attended another community meeting in the Burnside area. 37 local residents attended the meeting and Bushfire Preparation Toolkits were discussed and handed out. • I will be attending the Bushfire Ready State Facilitators Forum at the Bushfire Centre of Excellence in June. If any brigade delegates want me to raise any particular matters, please contact me after the meeting. I will be asking questions about the new ‘Bushfire Attack Level standards’ as this topic seems to be gaining a bit of traction in the media for both our Shire and the City of Busselton.

Bush Fire Ready Facilitator (South) • Meeting apology.

7.10 Department of Biodiversity Conservation and Attractions

DBCA Representative, Ed Hatherley, gave a brief presentation on their hazard reduction burns for Autumn 2021. (Please refer to Attachment 7.10.1).

7.11 State Emergency Services Incidents & Events Low number of incidents over the 3 months, but very busy the last three weeks with cyclone recovery support: • TC Seroja deployment: 6 members deployed over three weeks, for Taskforce 1, 2, and 3. • Ambulance assist: 1 request for injured person in Kilcarnup (stood down before attended). • Storm damage: One minor incident in Feb and April. • Water bomber: Request in March but stood down. • Fire support: Transfer of local crew in Feb from MR to Augusta • Community Engagement: Members ran the Breakfast Bar at the MR Farmers Market in Feb, good fundraising and provision of information to the community. Members provided emergency services activities to the MR Recreation Centre Kids Club, 50 children kept involved and active for 1 ½ hours.

Training • Members attended Navigation, Storm Damage, Chainsaw operator and BGR/USAR. • Vertical Rescue team training in collaboration with caving groups to support cave response capability. • Weekly Monday-night training proceeding well with 15-20 members.

Administration & Other • Membership increased to 44 members after successful recruitment campaign for operational and administrative members. • GRU (General Rescue Utility) Isuzu D-Max is on hold for regional areas due to concerns not fit for purpose. • Vertical Rescue training tower enhancements approved by DFES and project manager appointed. These include safety upgrades, lighting, an enclosed space for cave rescue training and a staircase for general rescue training. Lighting installed. Designs work with Margaret River engineering. • Collaborating with VFRS and DFES on site plans for the adjacent fire station, ensuring suitable access to SES facilities in case of major incidents. • Approval process continuing for ablutions in the shed to supplement the two toilets at the SES facility.

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8.0 General business 8.1 DFES Volunteer Management Support Officer Update – Linda Ashton

DFES Volunteer Management Support Officer, Linda Ashton, provided the Committee with an update on what her VMSO role entails, information on current projects and how she can assist volunteers.

• The VMSO role is based out of the DFES office in Manjimup • The role assists Brigades with the non-operational administrative component of running a Brigade. • Some of the current projects we are working on include:

Volunteer ID Cards • Previously run out of Cockburn with long delays, the process is now being run from Manjimup. • If members require an ID card all they are required to do is send the photo through to the VMSO email and a card will be produced and posted back to them within a few days.

Regional Facebook Page • Work over the last 6-months has seen the creation of a DFES LSW Regional Facebook page. • The page is a central hub for brigades, groups and units to share information.

Volunteer Hub • If your volunteers are interested in how to use the hub, I am available to visit with your Brigade members at the Brigades to help customise it to their needs. • I can also provide a Service Medal Awareness session.

Following her update, Linda mentioned that as part of National Volunteer Week, she would like to acknowledge and thank all the volunteers for the all the work they do.

8.2 Western Power Mitigation Activity Update – Acting CESM • This region is considered a part of the Western Power Bush Fire Mitigation (BFM) programme. • Inspections began in March 2021 and will continue through to Jun 2021. • Cutting for March 2021 inspection is commencing imminently. • The below map shows the areas we’re inspecting this year. • 102 Spans had Dead/Dying/Diseased treated (total removal or specific limbs). • 155 Spans are currently in the scoping process for removal • The vegetation on the specific East Augusta line that we discussed at the August 2020 meeting was cleared around Christmas last year.

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8.3 Outcome of WALGA Zone Meeting BFAC Agenda Item – Acting CESM • At the BFAC meeting held in February, the committee carried a motion recommending that the Shire, at the WALGA South West Country Zone meeting in April, request that the Bureau of Meteorology upgrades the weather stations in the South West corner to include a weather radar, along with anything else required to improve weather forecasting in the Lower South West region, including the Shire of Augusta Margaret River (BFAC2021/03). • An agenda item was prepared for the WALGA Zone Meeting, which was held on 23 April 2021, and the outcome was as follows:

RESOLUTION

Moved: Cr Ian Earl Seconded: Cr Paul Gillett

That the South West Country Zone of WALGA: 1. Notes the concerns of the Shire of Augusta Margaret River’s Bush Fire Advisory Committee in relation the need for accurate weather forecasting. 2. Requests that WALGA write to the Bureau of Meteorology requesting upgrades to the weather stations in the South West Corner to include a weather radar to improve weather forecasting in the Lower South West region. CARRIED

• An extract from the Minutes of this meeting are included as an attachment to this Agenda (please refer to Attachment 8.3.1).

17 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

8.4 Bush Fire Brigade Shire Email Addresses – Acting CESM • When the Bush Fire Brigades were provided with their Samsung tablets, each Brigade was also issued with a generic Shire email address account. • Over the years, use of these generic Shire email addresses has diminished, with only one Brigade currently utilising their Shire email account. • The Shire’s ICT Business Unit are currently in the process of decommissioning the Shire’s exchange server used for hosting these email addresses. • The remaining mailboxes are all to do with Bush Fire Brigades. • As only one Brigade currently uses their Shire email account, ICT would like to suggest removing all accounts to simplify the Shire’s setup and reduce complexity. • If it’s decided that all Brigades wish to switch over to a new email platform, ICT would recommend setting up a separate domain and tenant to manage their mailboxes independently. • ICT would like to close these accounts as soon as possible, so please let Lisa know of your intentions in regard to the future use of these generic Shire email accounts.

After a brief discussion the consensus was that all other Brigades were happy to continue using the email addresses, they had set up themselves using a variety of service providers and forego the generic Shire email address.

Lisa to liaise with Karridale regarding closing their account and setting up a new one.

8.5 National Volunteer Week – Acting CESM • Please refer to the attached flyer (Attachment 8.5.1). • If you require any further information, please contact Kim Rosenfeld at [email protected].

8.6 Fire and Biodiversity Forum – Acting CESM • Please refer to the attached flyer (Attachment 8.6.1). • If you require any further information, please contact Carole Peters at [email protected].

8.7 2021-22 Firebreak Notice and Bushfire Information Booklet - Wallcliffe BFB • Wallcliffe Brigade requests an update on the progress of this Notice and asks for the DRAFT to be forwarded to Brigades before the August BFAC meeting to allow members to make comments to their delegates before the August BFAC meeting. • This is also to allow us as delegates of a Council Advisory Committee to vote for or against any items in the Notice at the August BFAC meeting and ensure timely distribution of this Notice.

Ian McLeod, Manager Legal and Governance, advised Gordon that a debrief session was held yesterday following the end of the inspection season on 12 May.

The next step was to take the feedback and recommendations from this debrief to the Shire Executive Leadership Team, who under delegated authority, endorse the Shire’s Annual Firebreak Notice.

Following that, Council would then be briefed at an information session in the near future.

After a brief discussion, Brigades were asked to review the current 2020-21 Firebreak Notice and Bushfire Information Booklet and were encouraged to provide their comments, feedback, concerns and suggestions for improvement on the Notice, and how it was implemented in the 2020/21 season, via email to Lisa by 20 June 2021. This could then be fed into the current review and draft that is being prepared for the 2021/22 Notice.

18 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

8.8 Consolidation of Training Calendars - Wallcliffe BFB • Request that DFES, Bushfire Centre of Excellence and Local Government liaise with the e-Academy and only issue one Training Calendar per year. • Different training responsibilities could be colour coded to reflect authorities' individual roles and responsibilities.

Adam Jasper explained that the three separate calendars are not produced through eAcademy but are produced by three different agencies. The difficulty is that the regional calendar captures training in the region for all agencies, with each course requiring differing levels of experiences and skill sets with some aimed specifically at SES, VMRS or VFRS, etc. What we try and achieve through the Local Government calendar is to pick up the more localised and of the regional courses that are more applicable to bushfire volunteers.

8.9 Status of Proposed Exmoor Emergency Water Point - Wallcliffe BFB • What is the status of the proposed Emergency Water Point on the corner of Exmoor and Harrington roads?

Adam Jasper advised that the application for the Exmoor Emergency Water Point, that formed part of the BFB Water Tank Initiative, has been submitted, but we are still awaiting a final decision.

Lisa stated that she has left three voicemails with a representative of the DFES stimulus package regarding the current status of the application but has not yet had a response.

Adam added that he believed the applications would be approved early in the new financial year.

8.10 Removal of Yates Road Emergency Water Point Signage- Wallcliffe BFB • Wallcliffe Brigade requests the removal of the Emergency Water Point signage on Yates Road.

Lisa advised that a Works Request has been sent through to the Shire Works Depot for actioning.

8.11 Flashing Beacons and Magnetic Vehicle Signage for FCOs – Cowaramup BFB • That FCOs be issued with flashing beacons and magnetic signs for vehicles.

Adam Jasper stated that this would be a significant cost to the Shire, so in the first instance, we would need to carry out an audit to ascertain who already has what, etc.

Lisa to compile a spreadsheet for completion and to liaise with all FCOs in order to gather the relevant information.

8.12 Nomination of Molloy Island Fire Control Officer – Molloy Island BFB Due to the resignation of John Matten from the position of Molloy Island FCO, nominations for the position were called for at the Molloy Island BFB AGM on Monday, 10 May 2021, and the following nomination has been received:

• Peter Nash – Molloy Island FCO

The nominee has accepted the nomination.

RECOMMENDATION/BFAC DECISION BFAC2021/05 That the Bush Fire Advisory Committee recommends the CEO, under delegated authority, appoint Peter Nash to the position of Molloy Island Fire Control Officer, following the completion of a Fire Control Officer Course, for the balance of the original 2019-21 term, expiring with the 2021 local government elections. Moved: John Matten, Molloy Island BFB Seconded: Andrew Newnham, Rosa Brook BFB Carried: 11/0

19 Shire of Augusta Margaret River Bush Fire Advisory Committee Meeting Minutes: 19 May 2021

8.13 Nomination of Molloy Island BFAC Delegate/Proxy – Molloy Island BFB Due to the resignation of John Matten from the position of Molloy Island BFAC Delegate/Proxy, nominations for the position were called for at the Molloy Island BFB AGM on Monday, 10 May 2021, and the following nominations have been received:

• Peter Nash – Molloy Island BFAC Delegate • Andrew Coustley – Molloy Island BFAC Proxy

The nominees have accepted the nominations.

RECOMMENDATION/BFAC DECISION BFAC2021/06 That the Bush Fire Advisory Committee recommends Council appoint Peter Nash and Andrew Coustley to the positions of Molloy Island BFAC Delegate and Proxy respectively for the balance of the original 2019-21 term, expiring with the 2021 local government elections. Moved: John Matten, Molloy Island BFB Seconded: Gordon Temby, Wallcliffe BFB Carried: 11/0

9.0 Matters for which the meeting may be closed (Confidential Items) Nil.

10.0 Closure of meeting

Before the closure of the meeting, the Chair called for any final items of discussion.

Adam Jasper informed the meeting of the recently advertised Shire Bushfire Mitigation Advisor (BMA) position, for which interviews were held this week.

Adam also discussed the current status of the new Bushfire Risk Mitigation Coordinator (BRMC) position and explained that the current Bushfire Risk Planning Coordinator (BRPC) position, held by Andrew Hunt, will be converted to the new Bushfire Risk Mitigation Coordinator role, with a 12-month trial due to begin on 1 July 2021.

Andrew Hunt will continue in the new position and will be employed by the City of Busselton, however, the job will be shared evenly between Busselton and the Shire of Augusta Margaret River, with Andrew having a physical presence in each office 2.5 days per week.

The BRMC and BMA will work closely with each other and Adam focusing on prescription writing, fuel loading, implementing mitigation works and liaising with contractors, etc.

The BRMC role will also be restricted to the implementation of the Bushfire Risk Management Plan (BRMP) and associated Mitigation Activity Fund (MAF) work.

Simon Hanson, Karridale BFB and Hamelin Bay FCO, stated that there had been some issues post- inspection where landowners are contacting their local FCOs with queries. Simon asked whether there was some way that the Shire Rangers and FCOs could communicate in relation to the Firebreak Notice prior to the commencement of inspections.

Ian McLeod stated that this was a great suggestion and should be implemented prior to the next season.

Simon Hanson also brought up the issue of incompatibility between various appliances, for example the differing sizes of the drafting nozzles, and whether this could be remedied somehow.

The Chair advised that this was something that had previously been discussed and that it was something that would slowly and gradually be addressed.

Some Brigades commented that in order to overcome this issue, they have built up a variety of adaptor stock over the years.

As there were no further items to discuss, the meeting was closed at 7.39pm.

20 Augusta Margaret River Bush Fire Advisory Committee

Attachments

For the meeting to be held Wednesday, 19 May 2021 Margaret River Council Chambers 41 Wallcliffe Road, Margaret River Commencing at 6.00pm

21 Attachment 7.10.1

Augusta Margaret River LGA. Bush Fire Advisory Autumn 2021

22 Leeuwin 070

23 Leeuwin 30/03/2021

24 25 26 27 Chapman BWD_071

Autumn

23-24/4/2021

28 29 30 31 32 33 Thanks to AMRS brigades for assistance and support

Will bring the Spring program to next meeting.

34 Questions

35 Attachment 8.3.1

7. ZONE BUSINESS

7.1 Weather Station Upgrade Request Shire of Augusta Margaret River

An officer from the Bureau of Meteorology (BOM) attended a Volunteer Fire Brigade meeting held in Margaret River in February 2021. The officer shared a PowerPoint presentation entitled, “Seasonal Outlook – Summer 2020-21”. The presentation detailed long-term weather trends, seasonal drivers, antecedent conditions as well as a seasonal outlook for December through to March: rainfall and temperature. Overall, the data shows the SW can expect to experience drier winters and warmer than average minimum temperatures into the future which impacts the fire danger level.

Following the BOM presentation, a Kudardup Bushfire Brigade member raised concerns at the following Shire of Augusta Margaret River Bush Fire Advisory Committee (BFAC) meeting about the level and accuracy of weather forecasting in the Lower South West region, in particular the South West corner. Discussions focused on issues relating to the distance between the Perth located radar and the Albany located radar, with the lack of detail that results due to Margaret River’s positioning. The Brigade advised that this prevents certainty when predicting local onsite weather conditions and what is happening on the ground, creating issues when emergency services are plotting and managing fires. As a result, the BFAC made a recommendation to the Augusta Margaret River Council which was endorsed at the Ordinary Council Meeting held 24 March 2021. Extract from the full Council Decision OM2021/46 shown below:

“That the Shire, at the WALGA South West Country Zone meeting in April, request that the Bureau of Meteorology upgrades the weather stations in the South West corner to include a weather radar, along with anything else required to improve weather forecasting in the Lower South West region, including the Shire of Augusta Margaret River.”

RESOLUTION

Moved: Cr Ian Earl Seconded: Cr Paul Gillett

That the South West Country Zone of WALGA:

1. Notes the concerns of the Shire of Augusta Margaret River’s Bush Fire Advisory Committee in relation the need for accurate weather forecasting. 2. Requests that WALGA write to the Bureau of Meteorology requesting upgrades to the weather stations in the South West Corner to include a weather radar to improve weather forecasting in the Lower South West region. CARRIED

7.2 South West Infrastructure Coordination Committee

Shire of Dardanup

The Bunbury Geographe Group of Council’s (BGGC) met on 8 March 2021 with the Chairman of the Planning Commission Mr. David Caddy to discuss the draft Bunbury Geographe Sub Regional Planning Strategy. One of the key themes discussed at the meeting was the lack of Infrastructure Coordination and the fact that this was not included in the Sub-regional Planning Strategy, noting that the Perth and Peel @ 3.5 Framework for that region, does include detailed infrastructure planning and commitments across State Government.

Page 6 36 Attachment 8.4.1 Shire of Augusta Margaret River Bush Fire Brigade Personal Protective Clothing & Equipment (PPC/E) Order Form Please enter your details and PPC/E sizing below and mark whether it is new or replacement issue. To obtain an accurate size, it is suggested that you first try on the various PPC/E items, which are available at your station or at the Shire of Augusta Margaret River. If you wish to be included on the SMS Call-Out List please also enter your preferred mobile number. Once complete, please return this form to your Brigade Captain or Delegated Officer for submission.

Name: Brigade: DFES ID: NEW REPLACE Helmet (incl Visor): Please state if Firefighter, Lieutenant, FCO or Captain. Jacket: Trousers: Available in S - Stout, R - Regular or L - Long lengths. T-Shirt: Subject to availability. To be worn under your Level 1 PPC. Size options are Ladies 10 and 12 or Mens S, M, L, XL and 2XL. Gloves: Size options are S, M, L, XL or 2XL. Boots (incl Zip Kit): Please state your size in Mens or Womens AU sizing. Velcro Name Badge: Please state your preferred first and last name. Respirator (S, M or L): All volunteers who have undertaken Full Faced Respirator Training may request a personal use FFR and must comply with SAP 1.3.E – Grooming Standards in order to allow respirator to function to the acceptable standard. Kit Bag: Please state your preferred colour (red or blue). SMS Call-Out List: Please state your preferred mobile number. Captain or Delegated Officer Sign Off: Date: 37 Attachment 8.4.2

FINANCIAL STATEMENT BUSHFIRE BRIGADE FINANCIAL YEAR ENDING / /20

BALANCE CARRIED FORWARD: $

EXPENDITURE: INCOME:

CAPITAL EXPENDITURE: $ DONATIONS: $

OPERATING EXPENDITURE: $ FUND RAISING $ SHIRE CONTRIBUTION: MINOR EXPENDITURE: $

TOTAL TOTAL EXPENDITURE: $ INCOME: $

NET PROFIT/LOSS: $

END BALANCE: $

TREASURER: CHAIRMAN:

38 Attachment 8.4.3

BRIGADE OFFICERS for BUSHFIRE BRIGADE 20 / 20

BRIGADE OFFICERS: FIRE CONTROL OFFICERS: AREA: TELEPHONE: MOBILE: e-mail

BRIGADE CAPTAIN: ADDRESS

BFAC DELEGATE: ADDRESS

BFAC PROXY: ADDRESS

FIRST LIEUTENANT: ADDRESS

LIEUTENANTS: ADDRESS

MAINTENANCE OFFICER:

TRAINING OFFICER:

COMMITTEE OFFICERS: CHAIR: ADDRESS TELEPHONE: MOBILE: e-mail

SECRETARY: ADDRESS

TREASURER: ADDRESS

39 Attachment 8.5.1 Get Involved in 17-23 May 2021 National Volunteer Week

Sundowner and Networking Eventt Find out what’s happening in your community! This sundowner will include a presentation on exciting funding opportunities, a meet and greet with the ConnectGroups team and a networking session for community groups. Canapes and drinks provided. Tue 18 May 2021 | 4pm-6pm Margaret River HEART National Volunteer Week is just around the corner! The Places limited. RSVP to ConnectGroups 08 9364 6909 or Shire of Augusta Margaret River and ConnectGroups, invite [email protected] local people and groups to learn more about the benefits of Social Media Basics volunteering! for Community Groups This workshop, provides an introduction to social media and Introduction to Volunteering Strategic Planning for how to use socials to promote your group. The session will cover basic Community Groups Want to volunteer but don’t know where social media functions, planning to start? This session covers looking for Define your group’s direction and key and creating engaging content. a volunteer role, the benefits to be gained priorities, then set out the actions needed The last hour will be a hands-on and presentations from St Vincent de Paul to achieve desired goals. This interactive session to share social media Society (WA) Inc and Arts Margaret River. workshop will guide participants through challenges and ideas, tips, and To promote volunteer opportunities at this a simple process to facilitate a strategic tricks. BYO laptop, tablet, or smart session please get in touch. planning session with their board/ phone. Morning tea provided. Morning tea provided. committees. Includes afternoon tea. Wed 19 May 2021 | 9am-12pm Tue 18 May 2021 | 10am-12pm Tue 18 May 2021 | 1pm-3.30pm Margaret River HEART Margaret River HEART Margaret River HEART RSVP to ConnectGroups 08 9364 6909 RSVP to Community Development Officer, RSVP to ConnectGroups 08 9364 6909 or [email protected] Kim Rosenfeld 08 9780 5233 or [email protected] or [email protected]

One-to-One Benefits of Support volunteering

One-to-one support with ConnectGroups ✔ Make a difference staff is available to chat about your ✔ Meet new people group’s specific needs. To book a session ✔ Be part of the community call ConnectGroups on 9364 6909 or ✔ Gain confidence email [email protected] ✔ Share or learn skills

40 41 Wallcliffe Road, Margaret River WA 6285 | T (08) 9780 5209 | F (08) 9757 2512 | amrshire.wa.gov.au Attachment 8.6.1 Fire and Biodiversity FORUM

Friday 4 June 2021 Margaret River HEART 47 Wallcliffe Rd Margaret River WA

Broadscale prescribed burning is used extensively as a fire mitigation tool in the South West of WA. In this forum we will examine its effectiveness and the ways it interacts with the natural landscape, including its impact on all living things. Our objective is to further develop an informed and nuanced conversation around fire mitigation, responses to fire, biodiversity, people and places, in the face of a changing climate.

Program/Speakers Additional • Convenor - Dr Carole Peters • Dr David Galloway Workshop & Field Trip • Compère - Dr Mignon Shardlow • Mr Ed Hatherley options on • Welcome to Country - • Dr Anna Hopkins Sat 5 June Mr Iszaac Webb & Dr Wayne Webb • Mr David Knowles • Dr Liz Barbour & Mr Mikey Cernotta • Emer Prof Carmen Lawrence • Emer Prof Don Bradshaw • Prof Stephen van Leeuwen • Dr Valerie Densmore • Dr Alison Lullfitz & Aunty Lynette Knapp • Prof Kingsley Dixon • Adjunct Assoc Prof Philip Zylstra

Sponsors

41 For more info: [email protected] | Registrations: margaretriverheart.com.au SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

11.2.2 AMENDED LOCAL PLANNING POLICY 7 – SHORT STAY ACCOMMODATION FOR FINAL ADOPTION

Attachment 1 – Amended Local Planning Policy 7 – Short Stay Accommodation

Attachment 2 – Schedule of Submissions

42

Local Planning Policy 7 Short Stay Accommodation

September 2018

Local Planning Policies are guidelines used to assist the local government in making decisions under the Scheme. In considering an application for planning approval, the local government must have due regard to the relevant Local Planning Policies.

1. Introduction The purpose of this policy is to provide guidance on the appropriate location, scale, use and management of short stay accommodation in the Shire. This policy is created under the Deemed Provisions of Local Planning Scheme No. 1.

2. Scope Land zoned ‘Chalet & Camping’ and ‘Tourism’ is not within the scope of this policy.

3. Objectives 1. Short stay accommodation is located and managed so as to prevent inappropriate impacts upon the amenity of surrounding areas. 2. Short Stay accommodation is sited, sized and designed to be consistent with the character of the surrounding area. 3. The primacy, affordability and use of the residential areas of the Shire for residential purposes is maintained. 4. Short stay activity is appropriately managed so as not to cause nuisance or annoyance to the owners of adjoining or nearby properties. 5. Small, purpose built affordable accommodation such as single bedroom, and ancillary and grouped dwellings remain available for affordable and long term accommodation.

4. Interpretations “Coastal Settlements” means Gracetown, Prevelly, Gnarabup, Augusta townsites and Molloy Island as well as land zoned ‘Leeuwin Naturaliste Ridge Landscape Amenity’, Leeuwin Naturaliste Ridge Conservation’ and ‘Southern Ocean Foreshore Protection’ in the Scheme.

“Person” means (for the purposes of calculating occupancy), a guest of over two years of age.

5. Policy Provisions

HOLIDAY HOMES HH1. Holiday Houses and Holiday Houses (Large) are to be: • Located in coastal settlements; Or • Located in urban areas where: • The property is located in whole or in part within the permitted area as shown on Policy Plan 1, excluding Grouped Dwellings; or • Within 50m of a Village Centre zone in other inland settlements;

LOCAL PLANNING POLICY 7

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov43.au

Or • Located in areas of the Shire which are outside of the permitted area shown on Policy Plan 1 where the property comprises an area of not less than 1ha. HH2. Subject to HH1, Holiday Houses within grouped dwellings may be permitted on properties developed at a density of R30/40 or lower. HH3. The 24 hour contact details of the manager of the Holiday House / Holiday House (Large) are to be visible on the property from the nearest street frontage and maintained to the satisfaction of the Shire.

Note: the exclusion of grouped dwellings from the permitted area will expire on 26 November 2021

BED AND BREAKFAST BB1. The owner/occupier of a bed and breakfast must reside within the property at all such times as the dwelling is being used for short stay accommodation. BB2. Rooms available for short stay guests must be located within the main dwelling on the property and not within an ancillary dwelling on the same lot.

GUESTHOUSE G1. The location of Guesthouses is to be as per HH1. G2. Guesthouses will only be approved where they are designed and managed such that: • The accommodation of management and staff is ancillary to the accommodation of guests; • The design of the development is distinct from a residential dwelling in that the primary use of floor area is for the accommodation of guests and associated common facilities such as dining and recreation spaces; • The guesthouse has a designated reception area; and • All accommodation and common areas are under one roof, or tightly clustered and linked together (as distinct from chalets).

SINGLE BEDROOM DWELLINGS SB1. Single bedroom dwellings are not to be used for short stay accommodation purposes.

ANCILLARY DWELLINGS AD1. Ancillary dwellings are not to be used for short stay accommodation. AD2. Ancillary dwellings may be utilised for permanent accommodation by the owner of the property, simultaneously with use of the primary dwelling for holiday house use.

GENERAL - AMENITY GA1. Complaints and objections received in relation to the existing or proposed use of the property for short stay accommodation will be taken into consideration when determining applicable development applications. GA2. Sufficient information is to be supplied to allow a comprehensive assessment of potential impacts upon the local amenity.

GENERAL - DESIGN/LAYOUT GD.1 One parking bay per bedroom is to be provided together with bays for the use of permanent residents and (where applicable) staff. In the case of grouped dwellings, a total of two bays will be accepted and guest numbers will be limited accordingly. GD2. A reticulated water supply is provided and/or minimum 120,000 litre rainwater tank (plus provision for firefighting) as determined by the Local Authority. GD3. Existing or proposed on site effluent disposal systems are to be sized according to the intended number of guests, or the number of guests reduced accordingly.

SHORT STAY ACCOMMODATION

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov44.au

GD4. Decks and balconies are located away from the bedrooms of neighbouring dwellings and, if located close to living and dining areas of neighbouring dwellings, suitable screening is provided. GD5. There is a visible distinction between the area to be used by the guests, areas of common property and adjoining grouped dwelling areas. GD6. Each bedroom of the dwelling accommodates a maximum of two persons at any one time.

GENERAL – FIRE GF1. Short stay accommodation proposed in a Bushfire Prone Area may require a Bushfire Attack Level Assessment, Bushfire Management Plan or Statement and an Emergency Evacuation Plan. GF2. Bushfire Management Plans for a Holiday House outside of a residential built up area are to be prepared by accredited bushfire consultants and will be referred to the Department of Fire and Emergency Services for comment. GF3. Short stay accommodation proposed in areas with a Bushfire Attack Level Assessment rated at BAL-40 or FZ are unlikely to be granted planning approval.

GENERAL – MANAGEMENT GM1. Proposals are to be accompanied by: • A plan which details the way in which the use will be managed. This will need to ensure that where management is ‘off site’ there is a manager or a contactable employee that permanently resides no greater than a 35 minute drive from the site; and • A set of House Rules which apply to the site. GM2. Amplified music may only be played outside between the hours of 10am and 10pm.

6. Planning Mechanisms Development approvals issued for Holiday Houses and Holiday Houses (Large) granted under this policy shall initially be for a one year period unless the Local Government determines otherwise.

Such approvals may be renewed in the form of a new application for planning. In determining an application for renewal, the Local Government will consider the nature of any comments made regarding the operation of the activity and any other information available relating to the adverse impact of the activity on the amenity of neighbors’ and the surrounding area.

Where complaints have been made, issues relating to impact on amenity have been verified or other non-compliance with the planning approval has occurred, approval to the renewal application is unlikely to be granted.

Where the Local Government is satisfied that the holiday house or holiday house (large) has been appropriately managed, an approval of the renewal application for a period of up to three years may be granted followed by a further five year approval period for subsequent renewals.

Applications for renewal where approvals have been issued under previous versions of this policy (LPP7) will be considered notwithstanding that locational criteria (HH1-3) may not be able to be met.

SHORT STAY ACCOMMODATION

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov45.au

SHORT STAY ACCOMMODATION

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov46.au

Document and version control table

Strategic outcome Clearly defined areas for growth renewal and protection

Responsible Directorate Sustainable Development

Authority of original issue Council

Date of original issue 13 June 2012

Contact officer Planning Services

Date of next review 2021

Document No. N163229 File No. GOV/38

Version Date issued Brief description 1.0 13 June 2012 Initial Issue

2.0 24 February Reviewed – Adopted by Council on 24 August 2016 2016

3.0 12 September Reviewed – Adopted by Council on 12 September 2018 2018

SHORT STAY ACCOMMODATION

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov47.au SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Private Submitter 1 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes. Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I find the proposal highly discriminatory. The Shire is choosing Under the local planning scheme regulations, the Shire which properties will have higher earning potential and which is able to prepare local planning policy in response to have to be 'cheap' centrally located accommodation. The Shire any matter related to the Planning and Development of is also proposing to affect the sale value of the property, again the Scheme area. The use of property is a form of favouring those dwellings already having short term development that is able to be regulated, as is currently accommodation permission. It is not the Shire's role to interfere the case with the existing policy. Planning Policy is not with market forces, supply and demand and it is definitely not static, and following a review in 2018 the rules which the Shire's job to determine which owners have to provide previously allowed residential lots greater than 1000sqm 'cheap 'accommodation for local residents. If there is a demand to get approval for holiday homes were revoked. for 'cheap' accommodation leave it to the developers to supply Change to the policy framework is not this. I find this economic manipulation by the Shire to be unprecedented, and local planning policy is able to be abhorrent. Should I at a later date be not allowed to use my changed to respond to planning issues as they arise – property for short term rental, then I will investigate suing the as is being proposed in this case. Shire for potential loss of income and loss of resale value. An unanticipated outcome of this is I may immediately end the The context of the amendment is a combination of lease of my long term resident and apply for a short term increased demand for rentals, extremely low vacancy 48 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

accommodation zoning on my unit. I suspect they would have rates and an increase in the number of people applying to leave town. The solution to the shortage of housing in to the shire to convert dwellings to Holidays Houses. Margaret River is to build more multi-storey units and allow infill The response is considered warranted to respond to the on old large blocks, not force some owners into providing prime particular circumstances being experienced. location 'cheap' accommodation to locals. The Shire is proposing to impose a value of access to prime location 'cheap' There are areas within the town centre which are accommodation onto owners that does not exist elsewhere. suitably zoned to for the development of Grouped You don't find large blocks and single-storey houses or Dwellings, however the Shire has no influence on the duplexes in the centre of any city. In all cities, cheaper timing and supply of Grouped Dwellings. One of the accommodation is located on the edges of the city or in multi- key strategies included in the Shires draft local planning storey complexes close to transport nodes. That is how market strategy is to increase the proportion of infill in future forces work in a supposedly free society. What the Shire is development, which is currently very low. Despite proposing is almost a Communist state action by not allowing having these frameworks in place, the delivery of this market forces to determine the value of properties close to the stock is ultimately at the discretion of the landowner. town centre.

Private Submitter 2 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… 49 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Hi I strongly disagree with the proposed changes, Shire could Noted. well be reducing future long term rental stock as many short term rentals do revert to long term. As discussed in the report this measures proposed are recommended to have temporary application in • The changes will prevent the grouped dwellings from being response to an acute issue being experienced. This will built at all. be reviewed in six months time when it is anticipated the • Up to 40% of short term rentals revert to long term rentals stock created through the building grants program will as running a short term rental is often more expensive and become available and supply increases. If at that time time demanding than most people expect. there is a decision to continue with the amended policy • Just because it’s a short stay today doesn’t mean it will be approach then further consultation can be undertaken tomorrow or the 40 + year life of the building. with the community and a broad array of stakeholders to • Let’s get strong data before we make it worse. inform further decisions on this matter.

I propose all AMR short term rental owners be surveyed to ascertain “since their approval for short term, what percentage of use has been long term” I suggest also asking “what that percentage has been over the last 12 months.”

• Relying on data just over the last 12 months will be flawed as the moratorium may have been a disincentive. • The process to become short term is expensive so I doubt owners would officially revert to long-term with the shire so that statistic may also be flawed.

Private Submitter 3 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

50 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments…

Private Submitter 4 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

Yes Noted.

Additional Comments… Minimal regulation is much preferred. BB1 & BB2 (particularly) Noted. These comments do not relate to the are unnecessary. GM1 contradicts BB1. AD1 is unnecessary. modifications proposed through the current policy review GD6 does not take into account small children - not "family process. friendly".

Private Submitter 5 Are you the owner of a grouped dwelling within the 51 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house? Noted. No

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future? Noted. Yes

Do you support the proposed changes to Local Planning Policy No. 7? Noted. No

Additional Comments… Hello, We appreciate the continued efforts of the Shire to Noted. Refer to discussion in the planning comment improve housing access and affordability. Removing the ability section of the report responding to comments about the for grouped dwellings in the Formosa Street development to be affordability of dwellings in the policy area. approved as holiday houses will not achieve the objectives of the LPP7 - Short Stay Accommodation. The homes in Formosa Street are not small, and will not provide additional options for affordable long term accommodation. Removing smaller 1-2 bedroom grouped dwellings with town centre proximity from the policy may better achieve the objectives of providing affordable accommodation options, but including large, 3-4 bedroom freestanding houses cannot be justified. If we define affordable as sub $400 per week, none of the houses in the Formosa Street development would be classed as affordable.

Private Submitter 6 Are you the owner of a grouped dwelling within the Margaret River policy area?

52 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments…

Survey Response We extremely object to these amendments as we are invested Refer to the response to submitter 1 regarding change every cent we could to build within current guidelines. As to the policy framework this was a massive incentive used in promoting the sale of lots within Formosa St to take this option for us off the table Properties identified for short term use by LPP7 is never should have been voiced from the initial stages, not wait until all an implicit approval for this type of use. In every case, lots have been sold and investments made. We feel this development approval is required, which needs to would before we even have received our keys to move in would satisfy a number of scheme and policy requirements pressure us as well as many others to consider our option through the planning application process before 12- even possibly selling. We would never consider our property for month approval is granted. Renewal is not a given and long term rental as this was never a viable option for us is dependent on the adequacy of the operation and We object to the notion we are classed as an affordable rental management arrangements in support of the use. properties as us and everyone we have spoken to the either reside or are currently building have invested in uniquely Refer to discussion in the planning comment section of individual architectural properties, as well as using local the report responding to comments about the boutique builders. We will as all owners have stated are going affordability of dwellings in the policy area. to vigorously defend our right to retain current contracted conditions. Refer to the response to submitter 2 regarding 53 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Email Response temporary application of the proposed changes. I would like to insistently object to the shire rezoning our street, removing our ability to short term stay our soon to be finished property at 18 Formosa. To put simply our block was marketed to us as exactly that, as the blocks were expensive and tiny giving us very little option to build anything but a property that would have the short term accom ability. we have certainly invested every cent plus more into this venture and to have such a massive financial kick in the guts proposed is distressing in so many ways. Our whole street was sold to all residents as short term accom/ residential so to now once all blocks sold and resident either finished or partially or about to build have this massive rug pulled out from under our feet just simply is not right. I can understand single existing housing being rezoned an option but as we were purpose built I feel we should be treated accordingly and not included in any rezoning plans that you may be considering. Please reconsider as this is our life savings all invested into our new life within Margaret River.

Private Submitter 7 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

54 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Additional Comments… It has come with great surprise and concern that an area we Refer to the response to submitter 1 regarding change invested in specifically because it is zoned tourism is now at to the policy framework and submitter 6 regarding the risk of being changed for us to no longer hold a holiday house Planning Application Process. permit. We’ve delayed applying for our permit as we have happy long term tenants and with covid had them stay on an Refer to the response to submitter 2 regarding extra year. Our intention with this property in another year or temporary application of the proposed changes. so is to have it as short stay but also available so our family from Canada and New Zealand have a house to stay in when they come for extended visits while we have babies. We have no family in this country and had thought long and hard on the best solution to create an affordable space when grandparents come to visit and help us with a little ones. If we don’t have the option to short stay between our over seas family visiting then we would be left to leave the house empty or worse have to sell an investment we worked so hard to afford. We purchased this property specifically to give us this flexibility and as our close friends already own in the same strata block and rent as short stay we always felt safe in our investment choice. Taking away the rights for a home owner to short stay in an area zoned tourism defeats the whole purpose of having an area with a specific zoning. I can only hope our local shire sees the negative implications this could bring on homeowners of the community and this specific area of Margaret River town.

Private Submitter 8 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

55 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I strongly object to the changes proposed in the draft The Residential Design Codes provides the following amendment to the Local Planning Policy No.7. I have a house definition of a Grouped Dwelling as follows: on Formosa Street, Margaret River, which is in a Survey Strata development site, however all the houses on the street though A dwelling that is one of a group of two or more classified as group dwellings, are individual architecturally dwellings on the same lot such that no dwelling is designed singular houses. The houses on the street are placed wholly or partly vertically above or below captured by the “group dwelling” clause, none are suitable as another, except where special conditions of landscape “affordable long-term rental”. They are expensive luxury or topography dictate otherwise, and includes a dwelling dwellings and will not meet the criteria of affordable rentals. on a survey strata with common property. When Covid-19 occurred last year and Perth residents were restricted from to the South West, I did lease my home on a Formosa Street is a private road owned by a strata longterm lease but will never do so again. The long-term lease company and is common property to all of the adjoining prevented me from using the home when I wanted to visit dwellings. For this reason dwellings in this area are Margaret River and also, I do like providing the opportunity to classified as Grouped Dwelling in accordance with the tourist that visit the town a place to stay and contribute to the Residential Deign Codes. local economy. This policy amendment restricts both the above opportunities and is not favourable to the Margaret River Noted. Refer to discussion in the planning comment community or economy! I have also had a recent rent appraisal section of the report responding to comments about the carried out for a loan application and the property is 40% over affordability of dwellings in the policy area. the average rent for Margaret River, which is in no way affordable long-term rental. This policy amendment will also Refer to discussion in the report regarding effect on negatively impact the capital growth potential of the property property values. The amendment is recommended values of the affected properties and is not good for Margaret to be temporary (see comments in response to River as a whole, which hasn’t change for quite a long time. As submitter 2). For this reason the changes are not detailed above, the purpose of the policy amendment “to ensure anticipated to have lasting impact on property values. 56 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

that sufficient smaller, well located and more affordable long term rental accommodation continues to be available” fails for the houses on Formosa Street, Margaret River and this policy change should not be approved. I will be sharing this objection on social media with my Formosa Street community and I am sure there will be a large group of property owners objecting to these proposed policy changes.

Private Submitter 9 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… People who bought these bought them because they are zoned Refer to the response to submitter 1 regarding change Tourism in town they should be able to holiday let them to the policy framework and submitter 6 regarding the Planning Application Process.

Private Submitter 10 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted. 57 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Not answered Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted. Additional Comments… I disagree with the Shire implementing more controls and Refer to the response to submitter 1 regarding change restrictions on house owners ability to use their property as to the policy framework and submitter 2 regarding short or long term accommodation. There is a shortage of both temporary application of the proposed changes. in Margaret River and this does not provide a long term solution to the issue and adversely impacts on individual house owners ability and choice to earn income from their properties.

Private Submitter 11 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted. 58 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… To whom this may concern, I am the owner of a property on Noted. Townview terrace in area 'town centre LPS1' I have recently received a draft copy of 'Amended Local Planning Policy No.7 - Short Stay Accommodation' This amendment will significantly impact me and I do not believe it should not go ahead. Detailed below:

1. We purchased the property on Townview terrace 2 Refer to the response to submitter 6 regarding the years ago partly as an investment property and partly Planning Application Process because we wanted somewhere for our overseas and interstate family and friends to stay when they visit us. Refer to discussion in the report regarding effect on My wife and I are looking at starting a family in the next property values. The amendment is recommended to couple of years and our families (from both New be temporary (see comments in response to submitter Zealand and Canada) have expressed they want to 2). For this reason the changes are not anticipated to have extended stays in Margaret River to offer us have lasting impact on property values. support and get to know their grandchildren. When looking for an investment property we had this in mind and purposely bought in an area that was zoned for short stay accommodation so we could rent the property out between family visits without the implications of long term tenants. 2. We planned on renovating the house last year however Noted. due to the implications of covid and the rental shortage we decided to extend the lease for our long term tenants until things settle down and get back to normal. We currently have great long term tenants in the property and wouldn't feel right in not giving them a new lease unless there where sufficient rentals available to them. Our plan is/was to extend their lease for another 12 59 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

months from August then renovate the house and get approval from short term accommodation in 2022. 3. It is my view that the grouped dwellings in question are Noted, for these same reasons they are often more perfect for short term accommodation. Most of these affordable longer term rentals. houses are close to the town centre, very small, have little or no yard, and limited storage. However, the stand alone dwellings have ample storage, large yards and seem allot more suitable for long term rentals. 4. I completely understand there is a housing shortage in Noted. The shire currently has a staff member dedicated the region. As of 12/04/21 there are 10 rentals to monitoring unlawful operation of holiday homes and advertised in Margaret River, 3 Augusta and 4 in takes compliance action on those properties operating Cowaramup. Therefore I agree there should be without proper approvals. regulations on short term accommodation however, I believe you are targeting the wrong properties. There It should be noted that this submitter has obtained are many properties in areas that are not in the planning approval to operate a Holiday House after permissible areas that have been operating legally and submitting an application during the consultation period illegally for many years. of the policy.

I believe removing the renewals for these properties and leaving the availability for properties in the permissible areas would increase long term rental options and have less effect on residents living in residential areas.

Private Submitter 12 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

60 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… While we currently do not rent out our property on a short stay Refer to discussion in the report regarding effect on basis, we strongly object to the proposed change in that it will property values. The amendment is recommended to restrict future use of our property for such purpose. The be temporary (see comments in response to submitter proposed restrictions will also impact the future re-sale value of 2). For this reason the changes are not anticipated to the property. This will put us at a financial disadvantage have lasting impact on property values. compared to other owners in the same complex, as well as owners in other areas of the town, who already have permission for short stay.

Private Submitter 13 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7? 61 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted

Additional Comments… We have just completed a house in Formosa street, Margaret Noted River with the specific intent to use as a family holiday house and for short stay accommodation.

We selected this position as it was dual zoned, furthermore the Refer to the response to submitter 1 regarding change home we have built is suitable for short stay and not suitable for to the policy framework and submitter 6 regarding the permanent residence. Planning Application Process.

We need to have tourist staying to assist us with the mortgage Noted. payments and all associated expenses.

This new proposal has come as a shock to us as firstly it Refer to discussion in the report regarding effect on devalues the property as well as the income we need to keep property values. The amendment is recommended to the property. be temporary (see comments in response to submitter 2). For this reason the changes are not anticipated to have lasting impact on property values.

Our house as all of the houses on Formosa street are individual Refer to the response to submitter 8 regarding the properties with there own water metres, electric metre, rubbish definition of a Grouped Dwelling bins and rates notice.

We would like to strongly express our objection to this new Noted. proposal.

We feel this proposal has been rushed with little time for There is no statutory obligation for the Shire to pay community discussion, furthermore we believe that if this compensation for policy change. proposal was to go ahead, financial compensation would be warranted.

We would relate this situation to the goal posts being moved Noted. 62 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

after the ball has been kicked. Noted. If every consideration could be given to the land owner it would be appreciated as it has been a significant financial outlay and one that was taken with the dual zoning (permanent residence and short stay) taking into consideration. We believe short stay accommodation is needed in Margaret River to support local businesses. Private Submitter 14 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted. Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… We have recently bought and built in Formosa Street Margaret Noted. Refer to the response to submitter 1 regarding River. It was sold under the terms that is had been approved to change to the policy framework build and apply for holiday house accommodation and it was definitely what pushed us to purchase this tiny block of land even though it was "out of our initial budget" for purchasing in Margaret River. We have built a beautiful designed home which we have furnished with high end furniture for the purpose of having it as a holiday home and to provide tourists coming to 63 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Margaret River a small luxury home within the Town Centre and Forest Trails. We are devastated to think that we have spent all this money for nothing. It is a private street (with a strata for the road) and although classed as a group dwelling we are all individual designed luxury homes with our own water and electricity meters. We don't understand how Formosa Street Refer to the response to submitter 8 regarding the can be classed the same as other group dwellings. We have definition of a Grouped Dwelling paid premium prices for where we are and the value of our property will drop dramatically if this goes ahead. We have Refer to discussion in the report regarding effect on recently put our application into the shire before we actually property values. The amendment is recommended to received this letter and we will seriously have to consider our be temporary (see comments in response to submitter options if these changes go ahead. Financially it would not be 2). For this reason the changes are not anticipated to viable for us to rent out long term. It will never be a long term have lasting impact on property values. rental type of property, no street parking, 2 car max on property with a limited size of home are just some of the reasons I could It should be noted that this submitter has lodged a not for-see a tenant wanting to pay the rental prices that would planning application during the consultation period to be needed for the prices we have paid to live on this street. operate a Holiday House. The report recommends that these types of applications are dealt with based on the policy provisions as they applied prior to the amendment.

Private Submitter 15 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning 64 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Policy No. 7?

No Noted.

Additional Comments… This is a ridiculous proposal. You are playing with people’s The proposal does not impact existing holiday home livelihood and options in a town whereby tourism and short approvals which will continue to be honoured. term accommodation is a strong means of income. It would be interesting to know if you have done a thorough deep dive into Refer to the response to submitter 1 regarding context whether this has any impact on the housing crisis which I of the amendment. assume you are trying to solve from this proposal, if so it will be at the detriment to those who rely on short term accommodation Refer to the response to submitter 2 regarding for income. If you simply search into Airbnb ‘Margaret River and temporary application of the proposed changes. surrounds’ the options are generally well booked out. So with this proposal you simply move the issue to the next one in line which will be short stay - next we will be seeing a draft proposal that aims to solve the lack of short stay accommodation and impact to local business and the community. This feels like a knee jerk reaction. Also, like anywhere else in the world I know and have made personal sacrifices that renting close to a town centre should be paid at a premium, it’s time Margaret River moved with the times and the changing environment we live in. This is not the answer.

Private Submitter 16 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

65 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I strongly object to this policy change. If the Shire believes that Refer to the response to submitter 1 regarding supply there are insufficient grouped dwellings within proximity to the of Grouped Dwellings Margaret River Town Centre then allow the market to increase the numbers of such dwellings. Steps to increase the numbers of such dwellings could be: zoning more properties to allow grouped dwellings; increasing the R-Coding of properties already zoned to allow grouped dwellings, increasing the height limit on such lots to allow more grouped dwellings to fit and reducing the carparking requirements on such lots to encourage other forms of transport & reduce the amount of land within Noted, there equally negative economic impacts if proximity to the Margaret River Town Centre that is used up for businesses are unable to attract workers because of the carparking. More grouped dwellings within proximity to the unavailability of housing options in the Shire. Margaret River Town Centre will be required in the future in any case so the Shire should be doing more to increase supply anyway. It is recognised that tourism plays a pivotal role in The Shire allows for this type of accommodation in a Margaret River’s economy. So to push tourists away from the number of places within the Shire but attempts to strike town centre is simply bad economics. Where are tourists going a balance between provision of tourism accommodation to go? There is no additional capacity in the costal settlements and having affordable long term rental supply. because the Shire is keeping a tight lid on these areas, allowing little if any increase in density or dwelling numbers. To imagine that tourists stay only in areas zoned ‘Tourism’ is naive at best. Air b n b type accommodation is the way tourist accommodation is going, I know that the Shire doesn’t like this fact but it is simply reality. Fighting against is like fighting against the tide. And really who can blame the tourists for not wanting to stay in hotels, they are simply not fit for purpose if one has a family. The reality would probably be that tourists would holiday in other regions. The other problem with this proposed policy 66 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

change is that it will require a lot of enforcement from the Shire as people will simply rent to tourists without permission and you’ll probably only catch out a fraction of them. Therefore I urge the Shire to restrain it’s impulses to control ratepayers to their narrow view and do more to facilitate win-win outcomes.

Private Submitter 17 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted. Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… My application for HH approval is in with the Shire at the Noted. his submitter has obtained planning approval to moment. I am assuming it won't be affected by this proposal if operate a Holiday House after submitting an application approved and it does not expire or is removed for some other prior to the commencement of the consultation period of reason. However maybe it will be - I am not sure. My comment the policy. The proposal does not impact existing is that this application seems very arbitrary and not based on a holiday home approvals which will continue to be sensible long term policy which is fair between all owners of the honoured. same type of property. Why should I have the right to operate short stay in my complex of 8 but my immediate neighbour not Refer to the response to submitter 2 regarding have that right simply based on an arbitrary date decided at temporary application of the proposed changes. short notice at the Shire? It is just manifestly unfair. I understand the current housing/rental issues and if this is the 67 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

reason for the proposed change then this change should at the Outside of the policy area in Margaret River holiday very least be for a temporary time period to address this need homes are not permitted on residential properties. For and involve reviews to determine what the existing situation is this reasons, higher numbers of larger dwellings are and at what point the rental market has sufficient stock that this available for rent in these areas. The majority of the policy can be reversed. In addition to address the rental Grouped Dwellings within the Margaret River townsite housing crisis fairly and with equity this policy should apply to are also located within the policy area, therefore are ALL areas which are approved for short stay holiday houses - prone to be converted to short stay use with the current why single out town centre grouped dwelling houses? In fact increased uptake of holiday homes. It is important the many non grouped houses in the town centre plus overall rental stock contains a balance of larger houses rural/residential and coastal houses would be great family for families and smaller dwellings for couples or homes or share houses for long term rental to local residents. individuals, hence the policy application to Grouped Local residents don't necessarily need to be in town. I think this Dwellings in the town centre area. proposal if it is to be implemented needs some further thought and should apply equally for all property owners with current rights to establish holiday homes across the Shire and be limited in time, or have a time put on it for review to establish it's effectiveness and whether it is still needed.

Private Submitter 18 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted. 68 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Additional Comments… The law seems short sighted:

1. It seems to unjustly preference people with stand alone / Noted. larger houses without common property. Their places will have more value as they can (a) get holiday house approval and (b) fit more people into said holiday house. 2. Surely it must be a planning strategy of the shire to have Refer to the response to submitter 17 responding to the LESS larger holiday houses, which cause more noise policy application to Grouped Dwellings. complaints and problems? This law is going in the opposite direction. Grouped dwellings are likely to be smaller and have fewer tourists in them. 3. Similar to point no.1 - those "grouped dwellings" with strata Refer to the response to submitter 1 regarding context arrangements have more onerous restrictions as it stands. of the amendment and supply of Grouped Dwellings. 4. It might make a few people reconsider buying a place and short staying it, but i think more realistically, people aren't going to want to subdivide larger blocks in the current permissible zone. The "permissible zone" encourages urban density as it makes it more economically feasible to subdivide said blocks. If you drive down townview tce, stewart st, tunbridge etc, there are many large blocks that need subdivision to increase urban density. Before the "permissible zone" came into being, they just weren't economically feasible to subdivide with onerous planning, environmental and regulatory costs due to their location. However, with the ability to Airbnb the dwellings and a price push because of that, the maths starts to make more sense. The shire needs to understand that small scale developers in inner CBD environments are the bedrock of any push for urban density. People are just not going to subdivide if they're going to make a loss. Having a "permissible Airbnb zone" which allows for grouped dwellings with common driveways is EXACTLY the cheap easy policy a shire like Margaret River needs to increase 69 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

urban density. 5. three other ways to increase the stock of available rental Noted. Refer to the response to submitter 2 regarding housing relative to holiday houses: temporary application of the proposed changes. (i) Increase the regulatory costs for Airbnb/short stay. These suggestions could be considered in any decision triple or quadruple the fee to get registered. Make a to review the policy. "large" holiday house a LOT more than a normal holiday house. (ii) Make another level of holiday house for up to four guests. (iii) Make it easier for people who own "short stay only" places (a LOT of margaret river) to rent their places out on the long term market or live in them.

It should be noted that this submitter has lodged an application during the consultation period of the policy. The report recommends that these types of applications are dealt with based on the policy provisions as they applied prior to the amendment.

Private Submitter 19 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

70 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Additional Comments… Please find our submission objecting to the proposed Refer to the response to submitter 1 regarding change amendments to the Local Planning Policy Number 7. We to the policy framework purchased the land in November 2019 after a long selection process with a local real estate agent that identified suitable properties in the town centre for short stay accommodation. Prior to purchasing, we contacted the Shire to confirm that the property was located within the permissible area for short stay accommodation as detailed in LPP No 7, dated September 2018. The property we purchased is ideally located and suited for short term accommodation within in a small boutique subdivision with forest views and an easy 500m walk to the town centre. In addition, the property only has a single adjoining neighbour to the south with forest frontage on the Eastern and Northern side and road to the western side. The purchase price Noted. Refer to discussion in the planning comment was $295,000 for a 259m2 block which equates to $1140/m2 section of the report responding to comments about the rate that is significantly higher than typical residential blocks in affordability of dwellings in the policy area. town and represents an exclusive property unaffordable for long term rental. We commenced the design process with local builder in January 2020 with a design brief to provide luxury accommodation specifically tailored for short stay clients. This design brief tailored for short stay clients led to significant expenditure, well beyond what is required for a typical long term rental property. An example of this, is the use of commercial double-glazed window and doors and R4.1 acoustic insulation. The outcome is the building contract for the house is in excess of $650,000, meaning that the house and land value (at cost) is in excess of $950,000 which is significantly overcapitalised as a long term rental. It is ludicrous to assume that low cost, affordable housing could be provided in this subdivision with small lots and so many planning and building restrictions in place. It is simply not economical to build low-cost housing on our block. The houses on Formosa Street are not like a typical Refer to the response to submitter 8 regarding the 'group dwelling' buildings. All houses are free standing, definition of a Grouped Dwelling 71 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

individually billed for rates, water and electricity, have individual services including sewerage, rubbish collection and NBN. As the house has been designed for short stay accommodation, it has limited storage and due to the small block, limited off-street parking. We have been advised that the value of our property is Refer to discussion in the report regarding effect on likely to fall by approximately $100k if the option to use the property values. The amendment is recommended to asset for short term accommodation is removed. We are not be temporary (see comments in response to submitter sure if existing short term accommodation planning approvals 2). For this reason the changes are not anticipated to are transferable on sale of the asset with the proposed have lasting impact on property values. amendment. If it is not transferable, purchasers would require planning approval which appears unlikely if the proposed amendment is passed. This would result in a further deterioration in the value of the asset and potentially restrict the number of potential buyers for the property, We understand the Refer to the response to submitter 17 responding to the Shire’s motivation to improve the supply of affordable long term policy application to Grouped Dwellings. housing stock in the town. However, we think this should target areas of the town best suited to long term rental where property values are commensurate with long term rental income generation capacity. Thank you for your consideration,

Private Submitter 20 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7? 72 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Additional Comments… I currently own and operate a holiday grouped dwelling in side a Noted. Refer to the response to submitter 2 regarding strata group and think it maybe unfair to have mine temporary application of the proposed changes. approved and not have others able to do so.

Private Submitter 21 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… Like others on the street the short stay zoning was a major Refer to the response to submitter 1 regarding change factor in us purchasing the land. We will be financially to the policy framework and submitter 2 regarding disadvantaged with this change as the house was designed to temporary application of the proposed changes. be able to facilitate short stay accommodation. Penalising current owners of Formosa St with zoning changes is not the answer to rental shortages in Margaret River.

Private Submitter 22 Are you the owner of a grouped dwelling within the 73 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7? Noted. No

Additional Comments… Like others on the street the short stay zoning was a major See response to previous submission. factor in us purchasing the land. We will be financially disadvantaged with this change as the house was designed to be able to facilitate short stay accommodation. Penalising current owners of Formosa St with zoning changes is not the answer to rental shortages in Margaret River.

Private Submitter 23 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for 74 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I refer to your letter dated 30 March 2021 and object to the amendment to Local Planning Policy No. 7.

1. It is my understanding that in 2017 the short stay policy was Noted, this is correct. reviewed in great detail. Landowners, including hoteliers were invited to attend workshops, which were held over a long period, and were given the opportunity to make suggestions on how the policy would be finalised.

2. I understand that a recommendation was made at a Special Refer to consultation section of report. All affected Council Meeting held on 17 March 2021 to remove a specific property owners were written to advising them of the section of dwellings from the opportunity to be used as proposed change. The timeframe for consultation is holiday houses in Margaret River. In or about 8 April 2021 I consistent with the requirement of the Deemed received a letter dated 30 March 2021 advising an Provisions of LPS1. Notwithstanding the effects of the amendment to Local Planning Policy No. 7 and that I have modification, the modification is very simple, and a high until 4.00pm on Wednesday 28 April 2021 to comment. This level of response was received without this compliant. is a significant change. Where is the consultative process to invite landowners, including hoteliers as in 2017, to attend workshops, discuss the issues and have an opportunity to voice our concerns? Having approximately 20 days to review the information and put forward my objections is not what I consider to be a consultative approach with the residents of Margaret River.

3. I note in Special Council Meeting minutes of 17 March 2021 Of these properties only six are located in Margaret the reason for this amendment was: ‘As a complementary River. The median rental availability in Margaret River 75 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

measure and to avoid loss of affordable and well located since 2011 has been closer to 25 dwellings, which grouped dwelling accommodation in the short stay market in suggests there is currently a shortage. Margaret River…’ ‘This is intended to be a short term measure….’. Also stated in the Special Council Meeting minutes of 17 March 2021 that …’for a short period of time, there may be insufficient rental property available to meet demand.’ As at today’s date the following 14 properties are available for rental on realestate.com website:

• 24 Victoria Parade Augusta • 7 Webb Place East Augusta • 5/208 Railway Terrace Margaret River • 4/208 Railway Terrace Margaret River • 6/208 Railway Terrace Margaret River • 5 Sandalwood Drive Margaret River • 9 Villers St Cowaramup

• Address available on request : Cowaramup

• 36 Mapstone Road Margaret River

• 41 Leschenaultia Avenue Margaret River • 15 Abelia Avenue Margaret River • 63 Tuner St Augusta • 39 Matthews Road Augusta • 12 Hale Avenue Molloy Island

I don’t think having 14 rental properties available today would suggest there is an insufficiency.

4. Why am we being penalised for the supposedly insufficient It should be noted that this submitter has lodged an supply of rental property? As the list above shows, there are application during the consultation period of the policy. properties available in the surrounding suburbs, and The report recommends that these types of applications residents should not be selective as to where they live, if are dealt with based on the policy provisions as they they are in dire need of housing. applied prior to the amendment.

Of the factors influencing this issue, the Shire has the ability to regulate the use of dwellings for short stay 76 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

accommodation. The Shire has limited influence on other aspects of supply. The change is recommended to be temporary therefore there will not have lasting impacts.

5. Lot 19, 18 Formosa St was marketing for sale by the real Refer to the response to submitter 1 regarding change estate agent as: The 200sqm cottage lot is perfect for those to the policy framework. looking to build close to town, down-size, lock up and leavers or an investment property within the Short Stay Refer to discussion in the report regarding effect on Accommodation zone’. We bought the block of land in July property values. The amendment is recommended to 2020 for the same reasons, to build our dream home close be temporary (see comments in response to submitter to town and have the opportunity to market our house as 2). For this reason the changes are not anticipated to short stay accommodation in the future, which would assist have lasting impact on property values. with our financial circumstances. By amending Local Planning Policy No.7 Council is in effect removing our ability to be financially secure. Along with other residents in our street who have built their home with the sole reason to have their house or partial part of their house listed as a short stay accommodation. The financial stress inflicted on us and I’m sure other residents, may cause owners to sell their property prematurely with a massive loss. This will leave us with a financial burden that we did not ask for.

6. This proposal we estimate, will reduce the value of our home As above. by between $50,000 - $150,000, greatly affect our financial circumstances and remove our property from future short stay rental markets. The target audience of future buyers of our property will also be reduced to professional couples only and not investment buyers, as the short stay option will no longer be an incentive to buy.

7. Everyone that has built in the street should be offered the Refer to the response to submitter 6 regarding the ability to have their house listed as a Short Stay Planning Application Process accommodation. This is a fair and reasonable consideration. Just because we have bought our land and currently waiting for the build of house to be completed, we should not be 77 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

omitted due from this opportunity to timing and to fix a housing crisis, which is a state problem and should be resolved with a broad approach.

8. Allowing some of our neighbours to continue to rent out their Noted. This is not unprecedented and was done in the properties at a premium daily rate while us and others can’t case of the previous policy review. obtain the same short stay approvals is unfair.

9. The properties in Formosa Street have all been Noted. architecturally built, each having their own identity which makes this street a very attractive place for tourists to rent in the Short Stay accommodation houses that currently exist and are currently being built for this purpose. The proximity to the town, cafes, pubs, restaurants and attractions to Margaret River are also another huge selling point for the tourists and the businesses of Margaret River. Amending the policy can be seen as a direct conflict to the consideration that holiday houses should be close to the town centre of Margaret River. Formosa Street is a 5 minute walk to the town centre. This is where tourists want to stay, walking distance to the town amenities. Surely this is a major attraction for the growth of Margaret River.

10. All the properties in Formosa Street are not like a typical Refer to the response to submitter 8 regarding the ‘group dwelling’. The properties are individually metered definition of a Grouped Dwelling (rates, water, gas, electricity) and share the street which is a privately owned road with the public. All services such as Australia Post, waste, Watercorp, NBN and Western Power are present on the street like a normal residential street would operate. All the houses are individually built as other residential houses in Margaret River are not joined with common walls.

11. There is a limited amount of grouped houses in the town of Refer to the response to submitter 1 regarding context Margaret River which are already being used for permanent of the amendment accommodation. Removing the opportunity to apply for 78 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Short Stay use in the future will only result in a small number of houses being made available for permanent accommodation rather than short stay.

12. Our house and others in Formosa St offer an opportunity for Noted. smaller households to rent our properties therefore removing certain members of the public from the rental market. This in turn will no doubt free up other properties for larger family groups to rent.

13. Removing the ability to have grouped dwellings in short stay accommodation will only add to the number of people looking for rentals.

14. Residents of Formosa Street are actually contributing to the Noted. growth of Margaret River by having an array of unique short term accommodation available for tourists to stay in, visit the town and spend their money while on holiday here.

15. Residents of Formosa St should not be discriminated Refer to the response to submitter 1 regarding change against and be used as the only solution to solve the short to the policy framework term rental crisis. There are numerous houses in Margaret River surrounds that exist for rental purposes. Together with Busselton, Dunsborough and beyond. There are countless new houses being built for holiday rentals in the future. There is the Eco Village being built in Whitcliffe which will also assist in providing housing. There are also a large number of first home buyers’ construction projects taking place which will provide further stock availability.

16. We too would like to market our property for sale in the As above. future as ‘… perfect for those looking to downsize, lock up leavers or an investment property within the Short Stay Accommodation zone.’

17. We would like to be given ample opportunity to submit a See previous comment on this. 79 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Short Stay application and have it considered prior to the this proposal being considered.

18. The residents of Formosa St have taken ownership of their Noted. street and townsite whole heartedly and with great enthusiasm. As Stephanie Addison-Brown, Shire CEO said in an article in the Augusta Margaret River Mail dated 14 April 2021 in relation to Fearn Avenue precinct ‘…we would love for that engagement and interest to continue.’ The residents of Formosa Street would love it too.

19. Making such a significant change to Planning Policy No. 7 at See previous comments. short notice and without community engagement is unreasonable and unfair. We would love to be part of and contribute to, the vibrant and diverse economy and community of Margaret River but can only do so, if we are afforded the ability to reside in our dream home, list our property as short stay accommodation to help our financial circumstances and have the ability to sell our house, with the short stay accommodation permit, to a wide range of potential buyers that include families, professional couples and investors alike.

We hope you take our objections into consideration and allow our property to be granted the ability to be listed as a short stay accommodation. Private Submitter 24 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for 80 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I think it is unfair to single out grouped dwellings to combat the Refer to the response to submitter 17 responding to the housing crisis and imply that only small houses are required to policy application to Grouped Dwellings. solve the problem. In fact, many of the families looking for housing in Margaret River need houses that are bigger than grouped dwelling houses. I think if the proposal is to be fair there should be a pause on all new holiday house applications across Margaret River including the rural and coastal areas. Families don't just want to live in town; more than likely they want to live on bigger properties plus having bigger houses available for long term rent will also open up the capacity for more share housing which is more affordable for travelling workers etc. I do see a need for the Shire to do something about the housing crisis. I do not think it should be a long term policy to stop all new holiday house applications but just a 12 to 24 month pause while the situation is brought under control. Refer to the response to submitter 2 regarding Many rental houses will become available when locals have temporary application of the proposed changes. finished building. Private Submitter 25 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

81 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… We had purchased our property approx. 10 years ago with the intentions of firstly living in it then renting then once children were older go into short stay. We bought our unit with the sole intention of doing so. The proposed changes will have not only an impact on our future planning but also now if we want to sell the changes will significantly affect the sale value of the property. This is a near sighted attempted solution at ensuring there is enough residential dwellings to be rented at the cost of people who like us have planned, saved and worked hard to be able to be in position we are currently in and plan on being in the future. Our unit has been rented for the last 4 years and will Refer to the response to submitter 2 regarding be continued to be rented for some time. Perhaps the shire temporary application of the proposed changes. instead of a knee jerk reaction such as this look at different alternatives.

Private Submitter 26 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for 82 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments…

Private Submitter 27 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments…

Private Submitter 28 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted. 83 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… We as owners occupy Unit 2, Unit 1 is a long term rental, unit 3 occupied by owner and unit 4 has been operating as a short term rental, which was sold on 12 April with the new owners maybe retaining the short term rental option. Our Body Strata approval is a separate process to getting planning Corporate allows us all (if we want) to do short term leases (ie approval from the Shire, which is required in all cases. holiday apartments). Our units back onto Ned Higgins Lane, are directly behind the Commonwealth Bank and with a business on one side and Backpackers on the other side. Does this mean that the Backpackers will no longer be able to operate.? Backpackers are a separate use class under the Local Also can a Shire Council over rule the Body Corporate? We Planning Scheme that are not regulated by the policy. have been owner occupiers for over 14 years but still want the short term rental option. How can one unit of the 4 units be allowed to do this?

Private Submitter 29 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house? 84 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… We purchased our house in Margaret River with a view to Noted. making this our eventual retirement home. Since purchase we have been refurbishing the property at considerable expense. This is being accomplished exclusively using local trades and suppliers as we believe it is important to invest in the community we intend to reside in. As retirement is three years away we intend to use this as a regular getaway for ourselves and to take advantage of the short term holiday market to help fund the property. We have not applied for short stay approval yet as renovations won't be completed until later in the year and we intended to apply on completion. Our selection of Refer to the response to submitter 1 regarding change the property was based on being able to short stay when we to the policy framework are not personally using the property. The proposed changes do not allow us to do this and long term rentals would not Refer to the response to submitter 2 regarding allow us access and enable us to progressively integrate temporary application of the proposed changes. ourselves into the Margaret River community as planned. The proposed change would have a substantial financial impact on our retirement plans.

Private Submitter 30 Are you the owner of a grouped dwelling within the Margaret River policy area?

85 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… The Units in our complex (12 Townview Terrace) are not Refer to the response to submitter 17 responding to the suitable for families as a long-term rental. They are mainly policy application to Grouped Dwellings. suited to couples or holiday rentals. We feel the proposed changes will devalue our property and make it difficult to sell if Refer to discussion in the report regarding effect on unable to advertise the Unit as suitable for short-stay property values. The amendment is recommended to accommodation. We purchased the Unit knowing that we would be temporary (see comments in response to submitter have the flexibility of short or long term rental. Therefore we 2). For this reason the changes are not anticipated to strongly object to the proposed changes to the Planning Rules. have lasting impact on property values.

Refer to the response to submitter 1 regarding change to the policy framework and submitter 6 regarding the Planning Application Process.

Private Submitter 31 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house? 86 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

Yes Noted.

Additional Comments… more needs to be done to monitor air bnb and review approvals Noted. Refer to the response to submitter 11 regarding already granted. More Shire approved support housing is compliance needed for those looking to live long term

Private Submitter 32 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted. 87 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Additional Comments… As a single Mother I have every decision on my shoulders alone Refer to the response to submitter 1 regarding change and have taken on this responsibility with every ounce of my to the policy framework and submitter 6 regarding the worth. One of the most financial decisions I have ever made Planning Application Process. was to purchase a premium cost small block with the zoning for short term accommodation, rather than a larger block in the Refer to the response to submitter 2 regarding estates. However, after just 4 years, I am notified in the mail temporary application of the proposed changes. that this decision may be revoked. I purchased my property to live in but always had the knowledge that it would be an excellent investment as I could sell it with the ability for new owners to turn the house into a holiday home. This may no longer be the case and to make matters worse, other residents on my street who already have approval will be able to keep their short term rental approvals. How can my neighbours have this advantage over me? Am I being penalised for not having the wealth to let out my home as I need it to live in? decision makers, please make this amendment for future developments, rather than take away from

Private Submitter 33 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7? 88 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Additional Comments… would like to see an amendment that allows ancillary dwellings Modifications have not been proposed to the policy in coastal areas be approved for short stay accommodation on requirements for Ancillary Dwellings. an application or case by case basis. If the intention of the Shire is to support more affordable rental accommodation, that will be found closer to towns, not in premium areas such as along the coast where property prices (and thus rental prices) are higher.

Private Submitter 34 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

Yes Noted.

Additional Comments… Please prioritise housing over short stay accommodation. Noted.

Private Submitter 35 Are you the owner of a grouped dwelling within the Margaret River policy area?

89 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… The proposed policy change should be rejected. It is Refer to the response to submitter 1 regarding context unreasonable, discriminatory, unfair, ill-conceived and illogical. of the amendment It will never meet its stated objectives. Unfair and discriminatory The policy change is unfair and discriminatory. It has a deleterious effect on some owners, but not on others – even within the same complex. Paradoxically, the changes only impact on those of us who are doing precisely what you want (ie we are long term renters or owner occupiers). They have minimal impact on anyone else. We purchased on the understanding that the units were open to three arrangements: Refer to the response to submitter 1 regarding change owner/occupier, long term rental and short-term rental. We to the policy framework and submitter 6 regarding the have always been owner/occupiers or long term renters. Under Planning Application Process. the proposed changes we would be reduced to only those two options. The people who are doing what you want to restrict Refer to the response to submitter 2 regarding (short term rentals) are ‘sitting pretty’ as they will retain all temporary application of the proposed changes. options (and have less chance of future ‘competition’ from their neighbours). If we had known of your proposal we would have sought approval for holiday lets in order to keep our options open. The new policy is also discriminatory and unfair in that The change applies to all grouped dwellings within 90 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

the restrictions will not apply to properties on the East side of within the policy area. Townview Terrace, the North side of Higgins Street, or other nearby locations. For example, new multi-dwelling developments are currently underway along the East side of Townview Terrace and other nearby streets. These will not be covered by the new restrictions, and the new owners of these places will have freedom to choose. It is long-standing owners / ratepayers such as us who will be penalised. Unfair and unreasonable financial impacts Our decision to invest in a unit on Townview Terrace was a key element in planning our long term income and assets. Your proposed changes will have profound and unfair financial ramifications for both owner/occupiers and people doing long term rentals. The changes will: • Reduce the sale value of our property (paradoxically, Refer to discussion in the planning comment section of they may enhance the value of grouped dwellings that the report responding to comments about the are already holiday lets). affordability of dwellings in the policy area. • Reduce saleability. • Deny us flexibility to move between usages when Of the factors influencing this issue, the Shire has the market demand changes. There have been times when ability to regulate the use of dwellings for short stay it has been difficult to get long term tenants and we need accommodation. The Shire has limited influence on the option of applying for a change in use. Those people other aspects of supply. The change is recommended to currently doing holiday lets will, of course, be able to be temporary therefore there will not be long lasting adjust their usage in line with market trends. Illconceived impacts. and illogical We know there is a shortage of long-term rentals in Margaret River. ‘Housing stress’ is undoubtedly a significant social and welfare issue. However, your proposed changes will not solve issues of access to reasonably priced rental property. They will be nothing more than a band-aid in the wrong place: • The accommodation in the affected area is not Refer to the response to submitter 17 responding to the appropriate to meet your goal. Most of the grouped policy application to Grouped Dwellings. dwellings are simply not family residences. Generally they are only suitable for 2-3 people as a long-term residence.

91 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

• Very little additional accommodation will be freed up: - The area affected by your proposal is small. Noted. Refer to discussion in the planning comment - Owners of holiday lets are most unlikely to change to section of the report responding to comments about the long-term rental over the next 2- 3 years, probably affordability of dwellings in the policy area. longer. - If the market changes, and owners of some holiday lets do decide at some future date to change to long- term, they will undoubtedly keep their options open by maintaining holiday let approvals and reverting to such use when the market picks up. - Given that the affected area is right next to town, the affected dwellings will always be priced at the higher end of the market in terms of rent. They will not meet your stated demand for lower priced accommodation. Impacts on visitors and businesses The proposed changes are not in the interests of the tourism and local business The area affected by the proposal is extremely suitable for holiday lets. Visitors stay in town and walk to, and support, local businesses. They do not have to drive (with the associated risks of drink driving at night), can enjoy the Margaret River experience, and will spread the word to other potential visitors.

Summary We all know there is a problem in relation to long term rental accommodation in Margaret River. But 'ringfencing' a small area Refer to the response to submitter 1 regarding supply in the middle of town will resolve nothing. As owners who have of Grouped Dwellings done exactly what you want (long term rentals), we should not be forced to pay a financial penalty for a policy that will have Refer to the response to submitter 11 regarding minimal impact on the people whose choices you want to compliance change. In our view, the solution to Margaret River’s housing problems lies in other options. They include further tightening up on Airbnb, and looking to source more varied and more appropriate accommodation in other parts of the town.

92 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Private Submitter 36 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… Hello, I currently own and live in a home I built on Formosa Refer to the response to submitter 1 regarding change Street in Margaret River in 2019, one of the properties that to the policy framework and submitter 6 regarding the would be affected by this proposed policy. I had multiple other Planning Application Process. land options in and around Margaret River at the time I purchased. I specifically chose to build on Formosa Street on the basis that, if need be, I could one day use the property for short stay accommodation as it was inside the approved 'short stay' zone near town and it would be a convenient and attractive location for holiday visitors. The other residents and myself have paid a considerable premium for these small blocks on Formosa Street as they were sold largely on this premise. I am happy to provide emails between myself and local real estate agents Stocker Preston clearly showing this from 2018. This proposal will almost certainly punish existing Refer to discussion in the report regarding effect on owners on Formosa St financially that paid this premium for property values. The amendment is recommended to their land while offering no compensation. My understanding be temporary (see comments in response to submitter 93 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

after speaking to a local real estate agent is that owners stand 2). For this reason the changes are not anticipated to to lose anywhere from $50,000 to $100,000 on the value of have lasting impact on property values. their property if they have already built a house and new prospective owners have no way of getting approval for short stay. This could effectively leave myself and others potentially owing more on their mortgage than their property is worth. Secondly, I do not believe this proposed policy and the direct effect it will have on properties on Formosa St will provide any sort of substantial or long lasting solution to the affordable housing crisis in Margaret River. If properties on Formosa Street were required to be put on the rental market, owners would have to try and charge a very high rate to service an expensive mortgage that factored in the properties eligibility for short stay accommodation at the time of purchase. I can't see this helping the 'affordable' housing crisis. I believe the Shire should not be 'retro-fitting' this policy to existing developments and properties. If such a policy were to be approved, it should be for new developments so the land can be priced accordingly and so buyers can be aware of the regulations BEFORE they make such a substantial investment.

Private Submitter 37 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning 94 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Policy No. 7?

No Noted.

Additional Comments… The proposed changes are inequitable and poorly conceived.

1. The LPS 1 + permissible area, where dwellings can be Refer to the response to submitter 17 responding to the used for short-stay accommodation always made some policy application to Grouped Dwellings. sense to me, in that it aptly supported tourism and patronage of inner-village shops and hospitality establishments and to some extent ring-fenced holidaymakers in the town-centre, protecting the relative peace of more residential suburbs. The proposed changes will force holidaymakers further afield. 2. The fact that current or new owners of affected dwellings Refer to the response to submitter 2 regarding will be restricted / prevented from switching their property temporary application of the proposed changes. to or from HH1 / HH2 and normal residential use in the future is inequitable and may directly affect property values Refer to discussion in the report regarding effect on (which holds proportionally more significance to the property values. The amendment is recommended to generally lower priced 'grouped-dwelling' properties/units, be temporary (see comments in response to submitter that are being specifically targeted by the proposed 2). For this reason the changes are not anticipated to changes). have lasting impact on property values.

3. There are several blocks of grouped dwellings on Town View Terrace, where individual units lie on strata land parcels that are bigger than the land parcels being developed in to high specification individual homes on Formosa St (for example) - which are presumably exempt Refer to the response to submitter 8 regarding the from the 'Grouped dwelling' changes. A clear and arbitrary definition of a Grouped Dwelling dis-incentive to strata-unit ownership. 4. The changes contradict Councils proposals to incentivise The Backyard Infill amendments are intended to provide backyard infilling - who will want to subdivide and build in long term rental accommodation rather than short stay their back-yard when increasingly stringent restrictions use. The current policy prohibits the use of ancillary apply to that new housing stock? dwelling and single bedroom dwellings for short stay purposes. 95 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

5. What does the council define as a long-term residential Long term tenancy is a term of stay exceeding three tenancy? There are a multitude of specific definitions in months. LPP#7 - but this key one is missing? Are we talking about migrant wine industry workers here or tenants that sign up to a lease of at least one year? 6. Based on recently published local Real Estate data, the See discussion on this issue in the report. perceived shortage of local affordable accommodation (that is stated as the main driver for this policy change) has eased. 7. Why should owners of grouped dwellings (which represent Refer to the response to submitter 17 responding to the a more sustainable mode of high-density accommodation) policy application to Grouped Dwellings. be discouraged from living in or short-term letting their home. In our case we have been forced by work requirements and personal circumstances to temporarily live elsewhere. 8. I expect local moteliers and non-grouped dwelling owners Refer to the response to submitter 1 regarding supply will support the proposed changes - which should of Grouped Dwellings realistically be interpreted to further highlight the inequity of proposed changes. (The very few) Motel owners will receive a double benefit from the changes - which will reduce inner-village accommodation options for tourists and provide cheaper in-town accommodation for their poorly paid staff! The proposed policy changes will disproportionately and inequitably disadvantage small- dwelling owners. If Council and the wider community are convinced that more smaller-sized, lower-cost rental property (units and apartments) is required in the town centre, then regulation should be introduced to force or encourage land-developers to build higher-density and affordable housing stock. Or Council should develop more effective social-housing policy and housing stock themselves - rather than relying on privately owned homes. Targeting changes towards existing, generally cheaper, housing stock represents lazy and shortsighted urban planning policy-making.

96 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Private Submitter 38 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I am the owner of two Strata Lots at 72 Townview Terrace which is within the Towncentre Zone and excluded by the proposed new policy from short-stay use. I used one of these lots as a studio/office for many years and am very familiar with the everyday use of this area and its environs. I am a landscape architect with forty years experience and have worked on many town centre projects over the years. Like any townsite, city or village, Margaret River town's vitality and cultural interest derives from the diversity of activities and uses. To limit these potential uses by an excluding planning policy is shortsighted and heavy-handed. Visit any settled tourist destination and you will find accommodation within the village, town or city centre. Many people prefer this to staying out in the country-side, coast or town fringes. No-one suffers Refer to the response to submitter 1 regarding context from this, indeed they benefit, socially and economically. For of the amendment. the many years that I worked in my office I was never 97 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

bothered by people staying in the back-packers two doors down or by the short-stayers next door. Nor were the other three or four people working in the adjoining house at 72 Townview Refer to the response to submitter 23 outlining the Terrace. I cannot see the purpose for this excluding policy. approach in regulating the location of holiday homes The policy document itself does not put forward any reasonable given the Shire has limited influence on other case for it. Margaret River has an acute housing shortage. aspects of supply. This policy will not change that. We should be encouraging a mix of uses in the town centre that will make it attractive for people to build long-stay, short-stay and commercial accommodation and also to allow flexibility in the use of Refer to the response to submitter 2 regarding premises. If one use is not working because of changing social, temporary application of the proposed changes. commercial or indeed crisis condition (like now) then we should make it easy to adapt and accommodate the changing needs of the community and our visitors. Please reconsider this policy. I think it is very counter-productive and will not achieve any worthwhile objectives.

Private Submitter 39 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

Not answered Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Not answered Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

98 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Additional Comments… People have specifically bought properties in this area to Refer to the response to submitter 1 regarding change adhere to current short term accommodation rules are being to the policy framework and submitter 6 regarding the discriminated. To change the rules at this stage is not right Planning Application Process. especially after many have not been able to use their investment properties as short term accommodation due to COVID. I cannot see why this specific are would be singled out Refer to the response to submitter 17 responding to the as having to stay residential and not how it was intended when policy application to Grouped Dwellings. the short term accommodation rulings came in.

Private Submitter 40 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Not answered Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I have lived in the area for thirty five years and taught at the high school for twelve years. I owned, and worked out of, an office Townview Terrace for many years. This falls in the Town centre Zone and is excluded by the proposed new policy from short-stay use. For the many years that we worked out of the office on Townview Tce we were never bothered by people 99 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

staying in the back-packers two doors down or by the short- term-stayers next door. I cannot see the purpose for this Noted. excluding policy. The policy document itself does not put forward any reasonable case for it. We should be encouraging Refer to the response to submitter 1 regarding context a mix of uses in the town centre that will make it attractive for of the amendment people to build long-stay, short-stay and commercial accommodation and also to allow flexibility in the use of premises. If one use is not working because of changing social, commercial or indeed crisis condition (like now) then we should make it easy to adapt and accommodate the changing needs of the community and our visitors. Margaret River town's vitality and cultural interest derives from the diversity of activities and uses. To limit these potential uses by an excluding planning policy is short sighted and heavyhanded. Visit any settled tourist destination and you will find accommodation within the village, town or city centre. Many people prefer this to staying Refer to the response to submitter 2 regarding out in the country-side, coast or town fringes. Please reconsider temporary application of the proposed changes. this policy. I think it is very counter-productive and will not achieve any worthwhile objectives.

Private Submitter 41 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7? 100 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Additional Comments… I oppose the proposed amendment wholeheartedly. I have been a rate payer and resident in AMR from 1977 to the present. I have observed considerable change in the shire during that time. In my estimation, the changes represent improvements in every aspect of the community including- diversity, opportunity, standard of living, amenity, community resources and contentment/happiness. Driving into town from the north reveals the following excellent examples of a thriving community: Bypass, streetscape, festival precinct, High School, Shire Offices, Heart Cultural Centre and sporting facilities etc. Such achievements are the result of considerable growth and advancements in opportunities for business, industry and employment over the last 45 years. We should all be very proud of our town and shire. Conversely, the population of the shire of Augusta Margaret River has only increased by about 12,000 people over the last 45 years. The current population of around 15,000 can be considered to be relatively miniscule. The entire population could easily fit onto the town oval. Margaret River is still a fledgling community with limited business opportunities. Now is not the time to be limiting or containing opportunities for business, especially in tourism. There needs to be a flexible Refer to the response to submitter 1 regarding context and open approach to licensing for short stay accommodation. of the amendment We need to allow market forces to cater for the needs of an ever- expanding number of tourists who want to come to Margaret River. Several years ago, R -code zoning was changed in the Town View Terrace precinct with a view to make available group dwellings and short stay accommodation. This Refer to the response to submitter 17 responding to the was forward thinking planning, and as a result the policy application to Grouped Dwellings. neighbourhood around Town View Terrace, Higgins Street and Formosa Street has been developing as a short stay precinct. Many rate payers have created purpose built short stay peer to peer facilities in order to satisfy the demand. Close to town, the 101 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

river and the forest, this is an appropriately designated area. Some landowners (like me) have purchased in this area with Refer to the response to submitter 1 regarding change the intention of running a short stay venue in the future, to to the policy framework generate income as a self- funded retiree. A sudden policy change in licensing would be a backwards step for opportunities. It would thwart such plans, cause considerable losses to owners of purpose built townhouses and restrict visitor numbers. Tourism is the life-blood of Margaret River! In terms of Noted, there equally negative economic impacts if amenity, residents may wish to remain in the area however, businesses are unable to attract workers because of the being a prime location for both residents and visitors, there is, unavailability of housing options in the Shire. and can be, no opportunity for affordable long- term rentals. Market forces will not allow cheap rent in this area. A strong tendency towards high end facilities, with a general “gentrification” can be observed in this precinct and rents are Noted. Refer to discussion in the planning comment high. As short stay license limits remain free, open and flexible section of the report responding to comments about the in prime locations such as Town View Terrace/ Formosa Street affordability of dwellings in the policy area. and others like it, market forces will separate viable high- end accommodation with more modest group dwellings that prove to be unviable for short stay. The more modest group dwellings may then be used for different rental purposes. EG. itinerant workers. Since there is no public transport in Margaret River, close proximity to town is unlikely to be a lifestyle cost saving. All residents need a car for work, beach etc, while short stay tourists may not. This is another reason to allow free and flexible short stay and peer to peer opportunities in these locations. A better solution for more affordable accommodation is to incentivise the construction of group dwellings in locations further out of town, where rents may be somewhat lower. At Refer to the response to submitter 1 regarding supply present, subdivision for smaller two by one houses and units is of Grouped Dwellings not economically viable for developers. Mainly because of utility costs and shire fees. Another solution is a “Land Trust” such as that proposed by the shire of Byron Bay. Finally, the policy change may seem like a clever short- term solution to more affordable accommodation, however a long- term view is far more sensible. The town precinct is in fact a driving force in it’s Refer to the response to submitter 2 regarding own right. Shire policies will not be able to contain the inevitable temporary application of the proposed changes. 102 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

market growth of this rapidly growing industry. Compliance will Refer to the response to submitter 11 regarding become an impossible challenge and a potential bottomless compliance drain on resources. The Amended Local Planning Policy No. 7- Short Stay Accommodation is inequitable, anti - business, inopportune, poorly reasoned, short sighted and doomed to failure.

Private Submitter 42 Are you the owner of a grouped dwelling within the Appears to have been an issue with the submission of Margaret River policy area? the online response.

Not answered

Do you currently have approval for a holiday house?

Not answered

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Not answered

Do you support the proposed changes to Local Planning Policy No. 7?

Not answered

Additional Comments…

Not answered

Private Submitter 43 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house? 103 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Not answered Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… The proposed Planning policy number 7 is flawed. It is based on the false premise that it will solve the housing shortage in Margaret River. The solution to the later is to encourage Refer to the response to submitter 1 regarding supply investment in accommodation across the area. The proposed of Grouped Dwellings policy does the exact opposite. Who is going to invest when the rules can unpredictably, selectively and arbitrarily change?. Moreover the proposal it is quite unfairly discriminatory resulting Refer to the response to submitter 23 outlining the in accommodation within a same group of dwellings (requiring approach in regulating the location of holiday homes to share the same strata fees etc ) having quite different rental given the Shire has limited influence on other rules and potential income. Thus it quite unfairly diminishes the aspects of supply. value of the property who is potentially prohibited from short stay accommodation. This raises possibility of a group legal Refer to the response to submitter 1 regarding change challenge seeking compensation. This is the last thing the Shire to the policy framework would want to be dealing with let alone lose. Adequate short stay accommodation within the town is vital to the Towns Refer to discussion in the report regarding effect on Tourist trade both in boom and recession times. I would argue property values. The amendment is recommended to that it is economically better for the shire to have short stay be temporary (see comments in response to submitter accommodation within the town area than long term residents. 2). For this reason the changes are not anticipated to The later spend about the same regardless whether they live in have lasting impact on property values. or outside town. Short stay tenants would spend a lot more at the local retailors if their accommodation is in town. In addition , Refer to the response to submitter 13 regarding it is well documented that Short term stayers are relatively big compensation 104 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

spenders and surely in- town retailors would want to make the Refer to the response to submitter 1 regarding context most of this. The shire should be doing all it can to encourage of the amendment in- town short term stay accommodation. Any proposal to address the present housing shortage should affect all property Refer to the response to submitter 16 regarding owners equally throughout the whole area. More in depth economic impacts thought needs to be given to such a strategy in consultation with owners and the community. Thus, in the interests of the Refer to the response to submitter 17 responding to the Margaret River region as a whole I strongly object to the policy application to Grouped Dwellings. Planning policy number 7 proposal. Refer to the response to submitter 2 regarding temporary application of the proposed changes.

Private Submitter 44 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… We feel that, whilst affordable long term local accommodation is Noted. Refer to the response to submitter 2 regarding important, we believe that visitors may be detracted from temporary application of the proposed changes. visiting Margaret River if the only accommodation was located outside of walking distance. Which in turn would lead to further 105 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

road traffic on the streets during the tourist season.

Private Submitter 45 Are you the owner of a grouped dwelling within the Appears to have been an issue with the submission of Margaret River policy area? the online response.

Not answered

Do you currently have approval for a holiday house?

Not answered

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Not answered

Do you support the proposed changes to Local Planning Policy No. 7?

Not answered

Additional Comments… Not answered

Private Submitter 46 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

106 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted

Additional Comments… It is illogical, unreasonable, and unfair to allow some owners to Refer to the response to submitter 1 regarding change continue with short stay as long as they renew approval, yet not to the policy framework. others in same dwelling. Resale will be affected by removal of option to prospective buyers. Strongly disagree with Policy LPP Refer to discussion in the report regarding effect on No.7 property values. The amendment is recommended to be temporary (see comments in response to submitter 2). For this reason the changes are not anticipated to have lasting impact on property values.

Private Submitter 47 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

107 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Additional Comments… My block & house cost a lot to build. It was sold to us by the developer and agent as an area in which shire supported the Refer to the response to submitter 1 regarding change use of short stay. We built as a house for us and short stay if to the policy framework we need the money. It is not suitable as rental. It would never be affordable. It does not fit shires ideal of affordable or small. Noted. Refer to discussion in the planning comment We won’t be renting it out as we use it. It will devalue our section of the report responding to comments about the investment & prevent us investing in actual rentals. It’s in strata affordability of dwellings in the policy area. but is stand alone house. Neighbors have short stay. We will loose too much money & stop our plans of moving there & Refer to the response to submitter 16 regarding building rentals out of town centre. The home owners are the economic impacts rate payers, not people renting. Support the rate payers to encourage them to invest in the town. Our strata is not suitable for a change in policy. It should be changed to all future Refer to the response to submitter 2 regarding subdivisions. It is not right to change a policy after shire has temporary application of the proposed changes. approved and supported a subdivision & sold to owners who paid a premium for a short stay option.

Private Submitter 48 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted. 108 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Additional Comments… I do not support this proposal. I want to continue living full time in my unit but want to have the freedom to choose in the future what my property will be used for. The unit next door is a holiday house (Airbnb). Seems unfair they can short stay and I Refer to the response to submitter 1 regarding change can't simply because they have lived in town longer and are to the policy framework setup already to do so. If I were to go travelling for a month or 2 over the Christmas holidays, i have the perfect place for a Refer to the response to submitter 6 regarding the shortstay management company to look after my unit. That is Planning Application Process when accommodation is required in town and the financial benefit for myself would be worthwhile. This is an idea I had when I was purchasing my unit. The unit next door has nobody staying in it during week outside of holidays. In other words, sitting empty for half the year. As an idea, why not include a variation that unit owners can short stay their properties for only a limited amount of time during the year. In the same way as some holiday units that are managed, only let owners stay for 3 months of the year. So the town planning policy should stick with the date that the unit was bought. For example people buying into the area can look up what the policy is at the time they are buying, just like I did. I bought a unit that allowed short stay so that's what I thought I was getting. You are moving the goal posts on a new resident that has just moved into the area.

Private Submitter 49 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for 109 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… This property was carefully purchased - I did a lot of Refer to the response to submitter 1 regarding change investigation to find a property which would allow me to finally to the policy framework buy a piece of real estate - the only way I could afford to do so was to buy the property with the intention of renting my property Noted. Refer to discussion in the planning comment as short-term accommodation. The house was designed for section of the report responding to comments about the short stay - it is 2 bedroom, with limited storage. Being short affordability of dwellings in the policy area. term accommodation the building is not affordable - the repayments are $800/week - that is not affordable housing. It Refer to the response to submitter 6 regarding the seems incredibly unjust to allow me to invest everything I have Planning Application Process ever owned into a short term rental - then to move the goal posts half way through the largest investment of my life - to Refer to the response to submitter 23 outlining the thrust the burden of supplying affordable housing on me - approach in regulating the location of holiday homes unwittingly - at my personal cost of $800/week - I cannot see given the Shire has limited influence on other how there is any justice in that. This policy is not the fair and aspects of supply. correct solution to the affordable housing shortage in Margaret River - if people are expected to invest in supplying affordable It should be noted that this submitter has obtained housing - they should at least be aware of the situation prior to planning approval to operate a Holiday House after the investment. submitting an application during the consultation period of the policy.

Private Submitter 50 Are you the owner of a grouped dwelling within the Margaret River policy area?

No Noted.

Do you currently have approval for a holiday house? 110 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

No Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… Whilst agreeing that Margaret River is an increasingly costly place to live and we need to find a way where average people can still live here, I wholeheartedly disagree with Planning Policy 7, in relation to the proposed changes to deny grouped dwellings to be used as holiday houses in what is otherwise known as the Short Stay Zone near the town centre. My objection is on the grounds of consistent and predictable application of Council policy, and maintaining the Town Centre Refer to the response to submitter 1 regarding change zone as a preferred location for all types of holiday houses to the policy framework (including grouped dwellings) The recent proposal is inconsistent with - what I took to be be the reason for -having an approved short stay zone near the town centre: that being to reduce traffic, parking shortages and the prevalence of Refer to the response to submitter 1 regarding context impaired driving as holiday revelers return to their of the amendment accommodation at night. Anecdotally, I frequently hear overpartied tourists scooting down the hill on Willmott Tce past my house, late at night in shopping trolleys.... Although I personally find it very entertaining, it never ends well and I'm glad that they're at least not driving cars - this is precisely why attempts to confine holiday homes to the close vicinity of the town centre is a brilliant idea. Restrictions imposed by the Noted. proposed change in Policy #7 will have a direct impact on 111 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

people's ability to be safe and close to town, as Margaret River Refer to the response to submitter 2 regarding grows into the future and more accommodation is required. temporary application of the proposed changes. Holiday makers close to town may walk to town several times a day (morning coffee, evening meal etc) - it makes sense to promote holiday accommodation near the town centre and the Shire has done this well, with the result that cars are off the roads /out of parking spots and people are in the shops. Putting a choke on holiday home accommodation approvals in this area will do 1 of two things:

a) push holiday makers further from the town centre (pushing them into cars, and exacerbating the problems above.... Witchcliffe is a long way in a shopping cart), b) cause the already astronomic cost of holiday accommodation close to town to rise higher, and the tourists will go elsewhere.

The present, artificial confinement of Perth holidaymakers to Western Australia - thanks to the pandemic - won't last forever, and we absolutely need to keep Margaret River as a viable holiday destination when the borders open again. The solution Refer to the response to submitter 16 regarding is to not restrict holiday accommodation. We must let the economic impacts people come, spend their money with local businesses and return home. We can clearly see from the number of empty shopfronts and temporary "pop up" stores in the main street, that local businesses are not slaughtering the pig at the moment... lets not meddle with planning policy around holiday accommodation and make Margaret River too exclusive for the average family to be able to afford a holiday here too. I might also add that changing planning policy on the fly like this, impacts long-term decisions that have been made by your rate See previous comments about policy change. payers regarding their future and I have a close family member in this situation. With regard to affordable accommodation - I agree that this is an issue; however I absolutely do not agree that shackling private landholders that are already in approved areas, with policy changes is the way to address it. 112 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Private Submitter 51 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted

Do you currently have approval for a holiday house?

No Noted

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted

Additional Comments… Dear Councillors, Council staff, I write in response to the Draft Refer to discussion in the report regarding effect on Local Planning Policy No. 7 - Short Stay Accommodation, property values. The amendment is recommended to removing the ability for Grouped Dwellings to be used as be temporary (see comments in response to submitter Holiday Houses. In brief: 2). For this reason the changes are not anticipated to a) from a purely personal perspective, the proposed have lasting impact on property values. changes have an impact on my property value, my options for the property in the future, my ability to repay it and ultimately my long-term financial well being b) the lack of consultation on the proposed changes Refer to consultation section of report. All affected relative to the significant effort involved in the initial property owners were written to advising them of the development LPP7 fails to engender trust in the proposed change. The timeframe for consultation is durability of Shire Policies and decision making consistent with the requirement of the Deemed processes. Current and future rate payers, business Provisions of LPS1. Notwithstanding the effects of the owners - indeed all residents - who seek to make an modification, the modification is very simple, and a high investment of money and commitment of their time and level of response was received without this compliant. 113 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

life in the Shire, need to have clarity on Shire Policies and be able to trust Policies will be applied consistently Refer to the response to submitter 1 regarding change and predicatably. They also need to be confident that to the policy framework changes occur in a methodical, transparent and informed manner c) I have some additional concerns on the process and the lack of supporting information including quantifiable impacts and outcomes

I have recently purchased a property in Margaret River close to Noted. my family after relocating back here - my home town - at the beginning of 2020. My purchase of this specific property and the price paid was predicated on its location within the Margaret River Holiday House zone to afford me flexibility should my circumstances change. I currently have an application before the Council for a "Bed and Breakfast" as I am currently living here full time. However if, for example, I was required to return to the city to work at some point in the future, I would need "Holiday Home" approval as I would not fulfil the requirements for Bed and Breakfast given I would not be living onsite permanently. I require the higher return from Short Stay in order to financially support my investment. This is particularly prescient given just this last week I've been advised I'm likely to be made redundant and would be unlikely to find employment in my field locally. In addition to the direct impact to my personal financial wellbeing, I have some additional concerns. Note: I have seen the notification to affected landowners, the draft LPP7 document and the Minutes for the Special Council Meeting 17 March 2021 item 6.1.1 regarding Short term support for displaced tenants within the Shire. I've not been able to find any other supporting documents .

1. While the overall intent to improve availability of accommodation for tenants in the Shire is clear, the proposal is absent of an explanation of, detail of research Refer to the response to submitter 17 responding to the performed or the process which has lead to the targeting policy application to Grouped Dwellings. 114 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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of such a small group of properties. In the absence of same, it suggests the greater accommodation issue is overwhelmingly caused by Group Dwellings, and is confined to the Holiday House Short Stay zone - neither of which is correct. 2. The proposal is absent any quantitative metrics e.g. See discussion in background section of report. quantity of properties affected by this change, forecast displaced tenants expected to be accommodated by the change, number of properties with current approval for Holiday Home etc. In the absence of any provided data, I've reviewed the "Strata Plan and Survey Strata lots" layer on the Shire's Intramaps website - this indicates the quantity of Group Dwelling-type properties is vanishingly small relative to the number of properties within the Shire, suggesting the changes would have a limited impact on housing availability. 3. Although the Agenda item 6.1.1 mentions "Short Term Refer to the response to submitter 2 regarding Support", the changes to the LPP are not limited to a temporary application of the proposed changes. specific period of applicability, indicating the changes would be permanent. The Special Council Meeting Agenda specifically mentions the expectation that current pressure on rentals will ease "second half of 2021" however this is not embedded in the revisions to LPP7. 4. The positive outcomes of the existing policy – retaining Refer to the response to submitter 16 regarding more 'family'-oriented parts of the town for residents, as economic impacts well as confining visitors, their vehicles, their behaviours and their $s close to the town centre - are at odds with the proposed changes. Instead of promoting the area for this use, the changes will reduce available accommodation, put upward pressure on prices, pushing guests from Margaret River township and ultimately to neighbouring Shires/City townships that have the amenities they seek at a price they can afford. This will become increasingly apparent as the COVID-captive WA tourist once again has interstate then overseas destinations available to them, and our region is once 115 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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again increasingly reliant on the tourist dollars from interstate and abroad.

Private Submitter 52 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… Land was bought on the condition that it was zoned for short Refer to the response to submitter 1 regarding change stay/holiday house. Proposed changes would devalue the to the policy framework property and also impact the ability in repaying loan secured to building the house. Change to long term rent would not provide Refer to discussion in the report regarding effect on the same income as it would for short stay. Additionally, we and property values. The amendment is recommended to the immediate family would not be able to use the house be temporary (see comments in response to submitter whenever we wished to do so, if it would be rented for long 2). For this reason the changes are not anticipated to stay. have lasting impact on property values.

Private Submitter 53 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted. 116 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… We are going to be self funding retirees. Our properties are in Refer to the response to submitter 1 regarding change areas used for short term accommodation. We don't know the to the policy framework future but want to have the option to provide short term accommodation as a way of providing an income for ourselves. Refer to the response to submitter 2 regarding Currently we provide low cost accommodation on those sites. temporary application of the proposed changes. To be truthful the neighbours don't like that there are low income folks living there. We have had suggestions to move them on! If the area is zoned for short term accommodation then that should stand. What about other locations. Don't know if it is true but I have heard that Mirambeena is empty. What a great low cost housing solution.

Private Submitter 54 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted. 117 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… As property owners in Margaret River my wife and myself, have Refer to the response to submitter 2 regarding provided affordable rent over decades and we continue to do temporary application of the proposed changes. so.. However as property owners nearing the pension age we have been notified that we will not be eligible for the pension due to our assets. If we lost the future potential to create income from this property as a short-term accommodation - as well as lost the ability to receive the pension - we are left between a rock and a hard place – this planning policy is an unjust burden and we are strongly opposed

Private Submitter 55 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

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Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… I do not want my government telling me what I can or cannot do Noted. with my assets.

Private Submitter 56 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… 1. The planning changes you wish to create will offer no short Refer to the response to submitter 1 regarding context term relief to the accommodation crisis. As per your own of the amendment approvals on grouped dwellings their have been two approved in the last 12 months; P2205520 P220379 Without providing transparency and numbers behind the See discussion in background section of report. 119 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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claim that this will increase rentals it's hard to agree it is a solution. 2. Why is it a solution must come at a cost to homeowners Refer to the response to submitter 17 responding to the and rate-payers within the area. With a large group of policy application to Grouped Dwellings. individuals already facing stress and anger I don't think a solution needs to pass that on to another. In a way to me it seems you're putting the community against one another. 3. Margaret River is a tourist/holiday destination; these types The proposal does not impact existing holiday home of accommodations are perfect in this location – I ask you approvals which will continue to be honoured. to read the reviews left on websites like Airbnb for accommodation in my complex. You only have to read the reviews left to realise how important these unique accommodation options are. The council is reluctant to allow large hotel accommodation and construction so in the short term as a sustainable option these grouped dwelling complexes are important.

It's difficult for me to believe that this kind of feedback is read with any great importance and carries any weight in decision making. But know that behind every property you deny is just a person with similar struggles as those looking for immediate rentals.

Private Submitter 57 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted. 120 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… Purchased block on the understanding was zoned short stay. Refer to the response to submitter 1 regarding change Was marketed that way. I planned to use as short stay in my to the policy framework future retirement when I travelled to supplement my income. Refer to the response to submitter 2 regarding temporary application of the proposed changes.

Private Submitter 58 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… Clarification of Policy Wording Refer to the response to submitter 8 regarding the The Draft Policy should include definition of a Grouped Dwelling 1. A clear definition of 'Grouped Dwelling'. 121 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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2. A clear statement to clarify whether the Bed and Breakfast These classes are dealt with in separate section of the and Guest House categories are included or excluded from policy, which the proposed changes do not affect. the Group Dwelling amendment.

Response to the Amendment Noted. 1. The amendment will not solve the problem of the residential accommodation shortage: - Many short stay accommodation providers under the group dwelling category, like myself, do not own accommodation suitable for long stay residential tenancy as there is no kitchen and / or insufficient sound proofing. - Many short stay accommodation providers under the group dwelling category, like myself, would not choose to rent out their accommodation to long term residential tenants because they need flexibility of use to accommodate family and friends. 2. The existing zoning for holiday accommodation is a logical The proposed changes to not appl to hosted or bed and plan for responsible and managed tourism as the owner is breakfast type uses. on site, the accommodation is supervised and big groups such as party goers are excluded. The draft amendment does not take this into account, but rather, punishes these small, well run and compliant businesses. 3. The amendment will negatively impact on the income of a Noted. Refer to the response to submitter 1 regarding few small business operators without changing the context of the amendment residential housing shortage. Some business owners, like myself, are at or nearing retirement age and heavily reliant on their business income. 4. The amendment will impact negatively on the local Refer to the response to submitter 16 regarding economy as short stay holiday guests who stay in group economic impacts dwellings in the town centre regularly spend money on winery tours, at restaurants, wineries, and other local businesses.

Private Submitter 59 Are you the owner of a grouped dwelling within the Margaret River policy area?

122 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… As a business owner of Margaret River and a business which works in the building industry I do not agree with changes to be made to the Planning Policy 7 – Short stay accommodation. Building of residential homes is at an all time high with many families upgrading from their current properties or working hard to build their first homes in the area. There are builders booked out for over a year and all trades at capacity to take on the work required to keep up with this building boom. This being said, Refer to the response to submitter 2 regarding housing is increasing at a record rate and there for the idea of temporary application of the proposed changes. taking away short term possibilities for town centre is simply ridiculous. Any town centre in the world accommodates to short term accommodation to promote tourism in its hub. If there are already strata blocks with short term permits it should be encouraged that the remaining properties in the syndicate have the same possibilities and not the opposite! If short stay accommodation is grouped together it creates a common aesthetic to the streetscape with maintained gardens, upkept buildings with minimal clutter, and short stay neighbours/owners striving to maintain the same outcome to their property which is 123 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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creating a vibrant, relaxing and memorable experience of this region and the Refer to the response to submitter 1 regarding change beautiful small, country town of Margaret River. Don’t amend to the policy framework this Planning Policy 7, it would prevent hard working locals from benefiting from their investment that was specifically purchased for the short term possibilities being one block back from the main street, in the town centre, with approval potential available at their time of purchase. As a business and home owner of this region, I truly hope the Shire of Margaret River keep the policy as is and look for other means of resolving this issue that is effecting the entire state, and remember it’s not just our small town.

Private Submitter 60 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

No Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted. It should be noted that this submitter has lodged an application during the consultation period of the policy. The report recommends that these types of applications are dealt with based on the policy provisions as they applied prior to the amendment.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

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SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Additional Comments… We are the owners of a property on Formosa Street in Margaret Noted. River. We form part of the strata group with respect to survey-strata plan No.69184 known as “No.1 Higgins Street” in Margaret River (“No.1 Higgins Street Strata Group”). The owners of the properties in the No.1 Higgins Street Strata Group (including us) are referred to in this submission as “Owners”. We refer to the submission lodged by WA Strata Management (“Stata Manager”) on behalf of the No.1 Higgins Street Strata Group and wish to endorse that submission. In addition we have set out below our submission.

We strongly object to the draft amendments to LPP No.7 and See response below. submit that the amendments should not be made to LPP No.7 for the reasons set out below. Alternatively, if the council is inclined to proceed with the amendments, we submit that the No.1 Higgins Street Strata Group, including our property, ought to be excluded from the definition of “Grouped Dwellings”, and therefore continue to be permitted for use as a Holiday House in accordance with LPP No.7 for the reasons set out below.

Background By way of background, we understand that the area where the Noted. No.1 Higgins Street Strata Group is located (ie, Lot 1-30 Formosa Street, Margaret River) was captured as part of the permitted area for Holiday Houses in LPP No.7 when the policy was first adopted by council in June 2012. At the time, the development of Formosa street had not been completed. Subsequently, the street and Lots 1-30 Formosa Street were developed.

Following on from this, at the time we purchased our property, Noted. 4 we relied upon LPP No.7 in its current form, that is to include the “No.1 Higgins Street” area as part of the permitted area on Policy Plan 1 for Holiday Houses.

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SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Submission We have set out below our reasons to object to the draft amendments to LPP No.7:

1. The draft amendments to LPP No.7 are, if adopted, likely Refer to discussion in the report regarding effect on to materially reduce the value of our property As set out property values. The amendment is recommended to above, at the time of the development of the No.1 Higgins be temporary (see comments in response to submitter Street Strata Group, and at the time we purchased our 2). For this reason the changes are not anticipated to property, the area was captured in LPP No.7 as part of the have lasting impact on property values. permitted area for Holiday Houses. We relied on this in purchasing our property. For the council to now change the permitted area to exclude Grouped Dwellings (which captures the No.1 Higgins Street Strata Group and our property) is unjust. We submit that the proposed draft amendments to LPP No.7 are likely to, if adopted, materially reduce the value of our property. 2. The Owners’ properties are not typical “Grouped Refer to the response to submitter 8 regarding the Dwellings” and are not suitable as “affordable long-term definition of a Grouped Dwelling rental accommodation” The No.1 Higgins Street Strata Group is not a typical “Grouped Dwelling”. Each property is individually metred (rates, water, gas, electricity) and Formosa street, although privately owned and common property of the strata, is shared with the public. All services (such as auspost, waste, watercorp, NBN, western power) are present on Formosa street like any other residential street. Each of the houses that has been constructed, including our house, has been individually built on the same basis that any other residential properties in Margaret River are constructed. The houses are not joined in any way and have been individually architecturally designed by local builders. For these reasons, the properties within the No.1 Higgins Street Strata Group should be excluded from the definition of “Grouped Dwelling”. Further, the letter that the council sent to us provides: “The purpose of the change is to ensure that sufficient smaller, well located and more affordable long 126 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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term rental accommodation continues to be available for that purpose.” The majority of houses with the No.1 Higgins Street Strata Group have been designed and constructed and purposefully built for the purposes of short stay accommodation and therefore are not suitable accommodation for long term rentals. Most of the houses have limited storage and the design is not suitable as a long term rental. This is certainly the case for our property. We purpose designed and built our property for the purposes of short stay accommodation. Further, the houses within the No.1 Higgins Street Strata Group are generally premium homes. They are all relatively new, having been constructed in the last few years, and the majority are premium builds. Our property was indeed a premium build and construction has only just finished. Accordingly, if the houses were to be rented long-term, the Noted. Refer to discussion in the planning comment rent would be significant to reflect the premium nature of section of the report responding to comments about the the houses. The properties therefore do not fall within the affordability of dwellings in the policy area. category of “more affordable long-term rental accommodation” as described by the council. In summary, the houses are not typical “Grouped Dwellings” and the majority of the houses are not suitable by either design nor potential rent to constitute “more affordable long-term rental accommodation”. 3. Other We understand that existing Holiday House See part 6 of policy which states: approvals will remain in place with respect to any affected Applications for renewal where approvals have been property, provided that such approval is renewed by the issued under previous versions of this policy (LPP7) will relevant time, although we note that this is not specified in be considered notwithstanding that locational criteria the draft amended LPP No.7 itself. We currently have an (HH1-3) may not be able to be met. application for Holiday House pending with the Council with respect to our property. Even if our application was to See above, submitter has lodged application. be approved prior to any change to draft amended LPP No.7, the exemption that would allow our approval to stay on foot provides us with little comfort given that in the event that an approval lapses (and a renewal is not lodged) by the appropriate time, we would then lose the This is the case for all Holiday Homes. Refer to the 127 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Holiday House approval. That is to say that, due to a response to submitter 2 regarding temporary simple administrative oversight, we could no longer be application of the proposed changes. entitled to apply for Holiday House approval with respect to our property. Summary In summary, we strongly object to the draft amendments to LPP No.7 and submit that the amendments should not be made to LPP No.7 for the reasons set out above. Alternatively, if the council is inclined to proceed with the amendments, we submit that the No.1 Higgins Street Strata Group ought to be excluded from the definition of “Grouped Dwellings”, and therefore continue to be permitted for use as a Holiday House in accordance with LPP No.7 for the reasons set out above. We reserve all rights in relation to this matter.

Private Submitter 61 Are you the owner of a grouped dwelling within the Margaret River policy area?

Yes Noted.

Do you currently have approval for a holiday house?

Yes Noted.

Do you intend to apply to use your grouped dwelling for holiday house purposes in the future?

Yes Noted.

Do you support the proposed changes to Local Planning Policy No. 7?

No Noted.

Additional Comments… The change to LPP7 will not create more affordable housing in Noted. Refer to discussion in the planning comment the current permissible area. Aside from Station Rd, current section of the report responding to comments about the 128 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

property (grouped housing, multi use or single res) and land affordability of dwellings in the policy area. prices for this central and well located area are all above the median price for Margaret River- and therefore not affordable. All group housing recently developed in the last 5 years in this area would not be considered affordable housing eg. 5 (Lot 47) Town View, 39 (L 57) Town View, 35 (Lot 15) Stewart St, 16 (5) Stewart St, Formosa St strata and 12 (Lot 33) Station Rd. This proposal for restricted use for grouped dwellings is Noted. not listed in the recommendations in the Shire Affordable Housing Strategy 2015.

Private Submitter 62 I object to the amended local planning policy that involves our street being;

Formosa Street, Margaret River.

I oppose to this new planning policy.

I oppose to our street being categorised the same as a set of Refer to the response to submitter 8 regarding the units or other strata or grouped dwellings in Margaret River. All definition of a Grouped Dwelling houses in this street are custom built and could never be categorised as ‘affordable long-term rental’ properties as most properties on the street cost in excess of $500K and are architecturally designed by local builders. In fact, a 200 square meter block here has recently been sold (without a house) for $230K.

As well as this, we were sold this property on the terms that it Refer to the response to submitter 1 regarding change was built within the ‘Tourism Zone’ here in Margaret River and it to the policy framework could legally be used as short-term accommodation. We have personally spent well over 500k on our own property cost. We reside permanently in Margaret River and both my wife and myself are qualified people that work full time in the shire.

I feel that by placing these new local laws, that our property and Refer to discussion in the report regarding effect on all others on the street will be de-valued by between $50K and property values. The amendment is recommended to 129 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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$100K on a conservative value. be temporary (see comments in response to submitter 2). For this reason the changes are not anticipated to have lasting impact on property values.

A good proportion of the houses on Formosa street are either being built or have been built as short-term accommodation and have had this incorporated into the actual build of the property. Noted. Refer to discussion in the planning comment The price point of the properties on Formosa Street and the section of the report responding to comments about the actual build do not accommodate short term rental. affordability of dwellings in the policy area.

Another argument can be made that people on the street would Refer to the response to submitter 2 regarding never get back the mortgage value of the properties through temporary application of the proposed changes. long term rental and would be forced to sell.

I am sharing this objection on social media with my Formosa Noted. street community and will easily get a host of objections from most or all properties in this case.

Second Email

I have had a consultation with a lawyer and have been advised Refer to the response to submitter 13 regarding that if the new planning proposal is put in place I’d have a compensation strong case for compensation for property value loss and rental return losses on my property. It is my intention to fight this proposal if it is put into place.

Regards,

Private Submitter 63 I oppose to Policy #7

Additional to the Strata opposal email letter below, please see the attached email screen shot from Stocker Preston.

It clearly states that the Higgins Street development is apply for Refer to the response to submitter 1 regarding change short term accommodation, and that I can do the same. to the policy framework 130 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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I bought this property for that intension as well as living in my house. There is room for breaching this and legal action I will pursue if There is no statutory obligation for the Shire to pay my application (currently lodged) is refused, or that there of compensation for policy change. others.

Reasons why the Formosa Street Strata object to amending the local planning policy No.7

Houses on the street will not be 'affordable long term rental' as Noted. Refer to discussion in the planning comment they cost between 500k & 900k to build. section of the report responding to comments about the

affordability of dwellings in the policy area.

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SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

We were informed, before we purchased our land that we are See response t this issue above. within the 'tourist precinct' and could short term stay at our houses.

We are not like a typical 'group dwelling'. We are all individually Refer to the response to submitter 8 regarding the metred (rates, water, gas, electricity) and we share the street definition of a Grouped Dwelling (privately owned road) with the public. All services (such as auspost, waste, watercorp, NBN, western power) are present on our street like a normal residential street. Houses are individually built on the same basis as residential Margaret River houses. Houses are not joined and are individually architecturally designed by local builders.

Most houses are designed with short term rental built into the Noted. design and therefore do not accommodate long term rental. These are mostly 2 bedroom homes that are purpose built. Most houses have limited storage and parking.

We understand we will lose between $50k to $100k on each Refer to discussion in the report regarding effect on house for resale. Residents have spoken to real estate agents property values. The amendment is recommended to already. be temporary (see comments in response to submitter 2). For this reason the changes are not anticipated to have lasting impact on property values.

We understand that short term approvals are non transferable Short term approvals run with the land, not owners, when the house is sold and new owners need to make new therefore are transferable if operation continues in applications. These will not be approved under the proposal. accordance with approvals.

Shire should not able to change the rules without proper See discussion in consultation section of report. meeting and consultation. Some residents haven't received notice as yet.

Private Submitter 64 WA Strata Management is the strata manager (“Stata Noted. Manager”) of the strata group with respect to survey-strata plan WA Strata Management No.69184 known as “No.1 Higgins Street” in Margaret River on behalf of Formosa (“No.1 Higgins Street Strata Group”). 132 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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Street Strata No.1 Higgins Street Strata Group is comprised of 30 strata Noted. titles, being numbers 1-30 Formosa Street. This application is made by WA Strata Management as strata manager for and on behalf of [23] of the current owners of the strata titles, each described at the end of this submission (such owners referred to in this submission as the “Owners”).

The Owners strongly object to the draft amendments to LPP Noted No.7 and submit that the amendments should not be made to LPP No.7 for the reasons set out below.

Alternatively, if the council is inclined to proceed with the See response below. amendments, the Owners submit that the No.1 Higgins Street Strata Group ought to be excluded from the definition of “Grouped Dwellings”, and therefore continue to be permitted for use as a Holiday House in accordance with LPP No.7 for the reasons set out below.

Background By way of background, we understand that the area where the No.1 Higgins Street Strata Group is located (ie, 1-30 Formosa Street, Margaret River) was captured as part of the permitted area for Holiday Houses in LPP No.7 when the policy was first adopted by council in June 2012. At the time, the development of Formosa Street had not been completed.

Subsequently, the street and blocks 1-30 Formosa Street were developed.

Following on from this, at the time each of the Owners Noted. purchased their property, they relied upon LPP No.7 in its current form, that is to include the “No.1 Higgins Street” area as part of the permitted area on Policy Plan 1 for Holiday Houses.

Submission 133 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

We have set out below our reasons to object to the draft amendments to LPP No.7:

1. The draft amendments to LPP No.7 are, if adopted, likely Refer to discussion in the report regarding effect on to: (i) materially reduce the value of each Owner’s property; property values. The amendment is recommended to and (ii) result in many of the Owners incurring a significant be temporary (see comments in response to submitter loss of rental yield from their property. 2). For this reason the changes are not anticipated to have lasting impact on property values. As set out above, at the time of the development of the No.1 Higgins Street Strata Group, and at the time each of the Owners purchased their property, the area was captured in LPP No.7 as part of the permitted area for Holiday Houses. The Owners relied on this in purchasing their respective properties.

For the council to now change the permitted area to exclude Refer to the response to submitter 1 regarding change Grouped Dwellings (which captures the No.1 Higgins Street to the policy framework and submitter 6 regarding the Strata Group) is unjust. Planning Application Process. The Owners submit that the proposed draft amendments to LPP No.7 are likely to, if adopted, materially reduce the value of each Owner’s property. Furthermore, with respect to the Owners who do not have an existing Holiday House approval, the proposed draft amendments are likely to result in such Owners losing the potentially higher rental yield of short stay accommodation (contrasted with long-term rental yield). 2. The Owners’ properties are not typical “Grouped Dwellings” and are not suitable as “affordable long-term rental accommodation”

The No.1 Higgins Street Strata Group is not a typical “Grouped Refer to the response to submitter 8 regarding the Dwelling”. Each property is individually metred (rates, water, definition of a Grouped Dwelling gas, electricity) and Formosa street, although privately owned and common property of the strata, is shared with the public. All services (such as auspost, waste, watercorp, NBN, western power) are present on Formosa street like any other residential street. Each of the houses that has been constructed has been 134 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

individually built on the same basis that any other residential properties in Margaret River are constructed. The houses are not joined in any way and have been individually architecturally designed by local builders.

For these reasons, the properties within the No.1 Higgins Street Strata Group should be excluded from the definition of “Grouped Dwelling”.

Further, the letter that the council sent to us provides: “The purpose of the change is to ensure that sufficient smaller, well located and more affordable long term rental accommodation continues to be available for that purpose.”

The majority of houses with the No.1 Higgins Street Strata Noted. Refer to discussion in the planning comment Group have been designed and constructed and purposefully section of the report responding to comments about the built for the purposes of short stay accommodation and affordability of dwellings in the policy area. therefore are not suitable accommodation for long term rentals. Most of the houses have limited storage and the design is not suitable as a long term rental.

Further, the houses within the No.1 Higgins Street Strata Group are generally premium homes. They are all relatively new, having been constructed in the last few years, and the majority are premium builds. Accordingly, if the houses were to be rented long-term, the rent would be significant to reflect the premium nature of the houses. The properties therefore do not fall within the category of “more affordable long-term rental accommodation” as described by the council.

In summary, the houses are not typical “Grouped Dwellings” and the majority of the houses are not suitable by either design nor potential rent to constitute “more affordable long-term rental accommodation”.

3. Other 135 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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We understand that existing Holiday House approvals will See part 6 of policy which states: remain in place with respect to any affected property, provided Applications for renewal where approvals have been that such approval is renewed by the relevant time, although we issued under previous versions of this policy (LPP7) will note that this is not specified in the draft amended LPP No.7 be considered notwithstanding that locational criteria itself. (HH1-3) may not be able to be met.

1. Even for those of the Owners with an existing Holiday This is the case for all Holiday Homes. Refer to the House approval for their property in place, this exemption response to submitter 2 regarding temporary provides little comfort particularly given that in the event application of the proposed changes. that an approval lapses (and a renewal is not lodged) by the appropriate time, that Owner would then lose the Holiday House approval.

2. Houses on the street are all expensive builds and long Noted. Refer to discussion in the planning comment term rental would not constitute “affordable long term section of the report responding to comments about the rentals” in our case. Most of us would have to charge affordability of dwellings in the policy area. $500+ a week for it to be viable for a 2-3 bedroom house.

3. The developer applied for this development to be short This approval has not been located. term stay accommodation which was passed onto new owners.

4. Many houses were actually built with short term rental Parking for Holiday Homes and Grouped Dwelling is incorporated into the build and don’t have adequate generally consistent. The number of bays available parking or storage for long term rental. translates to how many people the holiday house can accommodate.

5. In order to keep a short term rental permit, permanent Correct. residents must pay for it through the council even if they’re not short term renting. This would be the only way to retain the status.

6. In speaking to a local real estate agent, it can be expect Refer to discussion in the report regarding effect on that a $50k to $100k loss selling these properties if they property values. The amendment is recommended to can no longer be short term rentals. This significantly be temporary (see comments in response to submitter 136 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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reduces the value of these properties. 2). For this reason the changes are not anticipated to have lasting impact on property values. Summary In summary, the Owners strongly object to the draft Refer to the response to submitter 2 regarding amendments to LPP No.7 and submit that the amendments temporary application of the proposed changes. should not be made to LPP No.7 for the reasons set out above.

Alternatively, if the council is inclined to proceed with the amendments, the Owners submit that the No.1 Higgins Street Strata Group ought to be excluded from the definition of “Grouped Dwellings”, and therefore continue to be permitted for use as a Holiday House in accordance with LPP No.7 for the reasons set out above.

The Owners reserve all rights in relation to this matter.

Private Submitter 65 While I understand that there may currently be issues for Noted. existing long-term residents in group housing as a result of short stay accommodation, the proposed changes to LPP7 have all the hallmarks of ‘throwing out the baby with the bathwater’.

Margaret River and especially the town centre are highly ranked Noted. tourist destinations for state, national and international visitors to the region. While the experience of a suburban Margaret River B & B from which one drives to most destinations may be an attractive proposition for a proportion of visitors, the first choice of a large proportion is to be located within walking distance of the retail and restaurant strip of the town centre. While the aim to retain a quiet domestic ambience for existing long-term residents is understandable, the reality now and definitely in the future is that the town centre will become a more active environment for visitors to Margaret River. The redevelopment of the town centre has made the whole Refer to the response to submitter 1 regarding context precinct a more attractive place for visitors to walk, shop, eat of the amendment and enjoy a drink – which was the stated aim. It is inevitable 137 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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that there will be more activity in the town centre as time goes on, and attempting to preserve a conflicting amenity does not acknowledge the reality of the situation.

Attempting to protect the inevitable appears to me to be a pointless pursuit that will be ‘sailing against the breeze’. Short stay accommodation is easier to monitor and control in the town centre than in the outer suburban areas. Perhaps the short to mid-term solution would be better monitoring and control of town centre short stay accommodation to ensure that long-term residents can enjoy the amenity which they share Refer to the response to submitter 2 regarding with visitors. temporary application of the proposed changes.

I walk through the forest along the Margaret River and up the Noted. main street every day. I see the activity during the day and in the early evening when the restaurants are filling. As a long- term resident in Margaret River since the 1970s I believe I have as good a vision of the future as anyone. I trust these comments will assist in gauging the inevitable destiny of the town centre of Margaret River and that the planning policy will reflect this.

Private Submitter 66 We have received your Media Release email.

I write because I am appalled that the Shire provides a mere 7 See consultation section of report. The consultation days’ notice for comment on these important Proposed holiday period was 28 days. home policy changes.

I believe it shows the obvious disrespect the Shire displays towards its ratepayers. Ratepayers have busy lives, they travel and work away etc. This 7 days cannot be considered adequate notice on any level. As above. It clearly paves the way to disregard any respondents views in any case.

I personally am generally very disgruntled with the Shire. Being The proposed changes do not effect Augusta. 138 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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in Augusta, I consider that we get disgraceful value for money from our rates paid to the AMR Shire who appear to spend them on lavish offices and over the top tourist facilities whilst we in Augusta have little to show for our money. Roads are falling apart, drainage is dangerous and kerbing is a mess. I have two properties in Perth and the value we get from these authorities outshines yours remarkably. The Shire should be ashamed of itself.

Don’t bother replying as I am fully aware that you won’t give any credence to this email.

I do hope there is change and that the people who make these crass choices get the sack. Time for the Shire to grow up and provide real value. If this is the sort of garbage permitted by the relatively new CEO then she should be the first on the list in my book.

Incidentally, my Augusta property is not affected by this policy but that does not diminish my dislike for the way in which you do business.

Private Submitter 67 The proposed planning policy is completely ridiculous, whereby I'm an owner occupier of a unit in a group of 8, of which 5 are operating as short stay.

It is completely unjust as this policy, I believe it is discriminatory, Refer to discussion in the report regarding effect on and devalues the potential return both in future sale, as well as property values. The amendment is recommended to any prospect of future rental return. be temporary (see comments in response to submitter 2). For this reason the changes are not anticipated to have lasting impact on property values.

I believe that streets such at Townview Terrace and Fearn Noted. Avenue are the perfect solution for short stay accommodation, as it allows visitors easy access to the main street and vastly 139 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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reduces the need for tourists to drive into town.

The block of units in which I currently occupy is directly behind Noted. a bakery, restaurant and two galleries all of which would be lucky to have our patronage once a year. (Generally, if we have visitors) I'm sure if those businesses were consulted, they would be very much in favour of the units in close proximity, to be all short stay. this would give them access to numerous new clienteles on an ongoing basis.

Any proposal to address the domestic housing shortage should Refer to the response to submitter 1 regarding context be addressed to the whole community not on a select few. This of the amendment at best looks like a policy made on the run and show a very short-sighted view. Refer to the response to submitter 17 responding to the policy application to Grouped Dwellings.

Perhaps if the Shire zoned and offered incentives to Refer to the response to submitter 1 regarding supply developers, to build unit blocks in the rapidly expanding of Grouped Dwellings suburbs of Margaret River, instead of allowing short stay in areas that families predominately occupy.

I strongly object to the Planning policy 7 proposal, and believe Refer to the response to submitter 13 regarding the Shire will open its self up to an expensive litigation, that will compensation only damage its brand and cost the rate payer dearly.

Private Submitter 68 I wish to table the following submission in response to the Draft Amendment to Local Planning Policy 7 Short Stay Accommodation:

I hereby object to the Policy being amended as proposed, to impact new applications for Short Stay Accommodation by Grouped Dwellings in the following areas on the Margaret River Holiday House Policy Map:

Town Centre (LPS1) Permissable Area do not agree 140 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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New applications for Short Stay Accommodation by Grouped Refer to the response to submitter 1 regarding context Dwellings should be allowed to continue in these areas, given of the amendment they are in or adjacent to Town Centre.

The Shire of Augusta Margaret River has already stopped new approvals for Holiday Home applications where the property is not located within Town Centre, the Permissable Area and Coastal Settlements. Moving forward, it is not fair or reasonable to exclude Group Dwellings in the Town Centre and the Refer to the response to submitter 1 regarding change Permissable Area, from making new applications for Short Stay to the policy framework Accommodation, especially given that existing applications for Grouped Dwellings within these areas will be permitted to continue.

I trust you will table this objection to the proposed amendments Noted. to Local Planning Policy 7 "Short Stay Accommodation".

Private Submitter 69 I wish to table the following submission in response to the Draft See response to previous submission. Amendment to Local Planning Policy 7 Short Stay Accommodation:

I hereby object to the Policy being amended as proposed, to impact new applications for Short Stay Accommodation by Grouped Dwellings in the following areas on the Margaret River Holiday House Policy Map:

Town Centre (LPS1) Permissable Area do not agree

New applications for Short Stay Accommodation by Grouped Dwellings should be allowed to continue in these areas, given they are in or adjacent to Town Centre.

The Shire of Augusta Margaret River has already stopped new approvals for Holiday Home applications where the property is 141 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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not located within Town Centre, the Permissable Area and Coastal Settlements. Moving forward, it is not fair or reasonable to exclude Group Dwellings in the Town Centre and the Permissable Area, from making new applications for Short Stay Accommodation, especially given that existing applications for Grouped Dwellings within these areas will be permitted to continue.

We trust you will table this objection to the proposed amendments to Local Planning Policy 7 "Short Stay Accommodation".

Private Submitter 70 I wish to table the following submission in response to the Draft See response to previous submission. Amendment to Local Planning Policy 7 Short Stay Accommodation:

I hereby object to the Policy being amended as proposed, to impact new applications for Short Stay Accommodation by Grouped Dwellings in the following areas on the Margaret River Holiday House Policy Map:

Town Centre (LPS1) Permissable Area do not agree

New applications for Short Stay Accommodation by Grouped Dwellings should be allowed to continue in these areas, given they are in or adjacent to Town Centre.

The Shire of Augusta Margaret River has already stopped new approvals for Holiday Home applications where the property is not located within Town Centre, the Permissable Area and Coastal Settlements. Moving forward, it is not fair or reasonable to exclude Group Dwellings in the Town Centre and the Permissable Area, from making new applications for Short Stay Accommodation, especially given that existing applications for Grouped Dwellings within these areas will be permitted to 142 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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continue.

We trust you will table this objection to the proposed amendments to Local Planning Policy 7 "Short Stay Accommodation".

Private Submitter 71 I wish to table the following submission in response to the Draft See response to previous submission. Amendment to Local Planning Policy 7 Short Stay Accommodation:

I hereby object to the Policy being amended as proposed, to impact new applications for Short Stay Accommodation by Grouped Dwellings in the following areas on the Margaret River Holiday House Policy Map:

Town Centre (LPS1) Permissable Area do not agree

New applications for Short Stay Accommodation by Grouped Dwellings should be allowed to continue in these areas, given they are in or adjacent to Town Centre.

The Shire of Augusta Margaret River has already stopped new approvals for Holiday Home applications where the property is not located within Town Centre, the Permissable Area and Coastal Settlements. Moving forward, it is not fair or reasonable to exclude Group Dwellings in the Town Centre and the Permissable Area, from making new applications for Short Stay Accommodation, especially given that existing applications for Grouped Dwellings within these areas will be permitted to continue.

I trust you will table this objection to the proposed amendments to Local Planning Policy 7 "Short Stay Accommodation".

Private Submitter 72 As owners of three properties affected by this amended local 143 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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planning policy, we wish to lodge our objection to this amended policy.

Our properties are surrounded by approved holiday Refer to the response to submitter 1 regarding context accomodation and we would be affected by the loss of being of the amendment able to also apply for approval while being affected by our neighbours.

Our properties are not in block of units and we would hope that Email provided below. any proposal would be judged on its merits. I have enclosed an email from Halsall and Associates which confirms our concerns.

Halsall and Associates Comments We have been contacted by a number of clients regarding the Noted. above advertised policy and been asked for advice regarding its content and how this may affect properties. This correspondence is therefore provided to you for information purposes so you can make your own decision on how to respond. We also received a letter (see attached).

From our research the Shire of Augusta Margaret River held a Noted. Special Council Meeting on 17th March 2021to deal with short term support for displaced tenants within the Shire. It was noted in the Council report that the moratorium on rent increases and other provisions of the Residential Tenancies Act was to end on 28th March 2021 and the Shire wanted to move to do what it could to respond and improve availability of rental stock. A number of measures were reported to Council as potential options and a copy of the report to Council is attached. It should be noted the report was produced by James Shepherd, Director of Corporate and Community Services, and recommendation no.3 affects the Local Planning Policy No.7 - Short Stay Accommodation. Attachment 1 (the proposed updated policy) to the report is also attached for your information which outlines the changes that are proposed. 144 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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As you would likely be aware the Shire undertook a very Noted. detailed workshop process and analysis of its short stay policy in 2017 and this resulted in a final policy position which was put in place at that time. This essentially confirmed the areas where holiday houses would be considered in the town site of Margaret River and this was restricted to an area generally within around 300 metres of the main street as depicted on the specific policy plan. This is included in the policy attachment 1.

Within this area there are a number of different types of houses Noted. and these include: • Single houses - these are houses that are essentially a single house on its own lot with no common property. This is defined under the Residential Design Codes as:

"A dwelling standing wholly on its own green title or survey strata lot, together with any easement over adjoining land for support of a wall or for access or services and excludes dwellings on titles with various held in common property".

• Grouped dwellings - these are dwellings defined under the Residential Design Codes as:

"A dwelling that is one of a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above another, except where special conditions of landscape or typography dictate otherwise, and includes a dwelling on a survey strata with common property" .

• Multiple dwellings - this is defined under the Residential Design Codes as:

"A dwelling in a group of more than one dwelling on a lot 145 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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where any part of the plot ratio area of any dwelling is vertically above any part of the plot ratio area of any other part;

Does not include a grouped dwelling; and

Includes any dwellings above the groundfloor in a mixed use development".

The report to Council is very limited in its justification and Refer to the response to submitter 1 regarding context planning merits of changing the policy to restrict the use of of the amendment and the background section of the grouped dwellings for short stay use (holiday houses). As such, report. it is difficult to ascertain how much research and planning justification is behind this decision of Council to advertise this policy change.

It is important for you to note that if your property is one that Noted. accommodates more than one dwelling on the lot or is a dwelling on a lot that includes common property and is not vertically above another part of a dwelling or commercial development then this would be affected by the change. The change is therefore to remove the opportunity to apply for short stay use of a grouped dwelling as a holiday house.

The stated reason for this is: "As a complementary measure Noted. and to avoid loss of affordable and well located grouped dwelling accommodation in the short stay market in Margaret River, it is proposed that a revision to the Planning Policy LPP7 - Short Stay Accommodation be advertised. The modification will remove the opportunity for grouped dwellings to be approved as holiday homes within the designated Margaret River town centre area, where short stay use of dwellings would normally be permitted (see Attachment 1). This is intended to be a short term measure and will not affect current holiday houses, only restricting homes from being converted to short stay use." 146 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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The intention in the report and the advertised policy is that if an Noted. approval for a grouped dwelling is already in place and does not lapse (please note you need to apply at least 3 months prior to your approval lapsing to try and regain approval) then renewals should be achievable. The main reason that short stay approvals are usually limited in operative timeframe is to monitor performance on impact on amenity of the area. As such, it is very important that short stay use of holiday houses in grouped dwellings are well managed and there are no issues arising from the activity so that renewals are more likely to be achieved.

Our strong recommendation is therefore that anyone that has a Noted. short stay use of a grouped dwelling within the town centre area as depicted on the policy plan (and wishes to retain this) should ensure they are very aware of when their approval is to lapse and to ask for a renewal 3 months prior to it lapsing.

If you have a strong intention of applying for short stay use of a The report recommends that these types of applications grouped dwelling, there is a risk that this policy will come into are dealt with based on the policy provisions as they operation in the near future and whilst there is also significant applied prior to the amendment. risk in applying for approval within the period whilst the policy is under consideration, you may want to consider lodging an application immediately so that you can try and have your application dealt with before the policy change potentially comes into operation. Please note, the risk in doing this is because the short timeframes that may be involved in adoption of the policy and typical timeframes for consideration of such proposals which can be up to 90 days typically under the Scheme.

Concerned landowners within this area who are affected by this Noted. change need to consider options available presently as a result of this advertised policy change. These include: • Making a submission on the advertised policy and 147 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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pointing out the issues of concern with respect to the changes and particularly with respect to planning merit attached to this. • Affected landowners may wish to discuss the content of the policy and the changes in detail with Shire staff particularly those involved in planning (Matt Slocomb/Matt Cuthbert) and the author of the policy James Shepherd Director of Corporate and Community Services to express first hand any concerns you may have as this may have an impact on staff in their response to submissions received during the advertising period and a future report to Council. Following advertising it will be necessary for Shire staff to report to Council on the results of advertising and make a final recommendation as to whether to finally adopt the policy changes or not. • Discuss the issue and concerns you have with your local Councillors so that when the matter is presented to Council later with reporting on advertising and submissions received that your points of view are in the forefront of Councillors' minds when they are ultimately voting on the matter.

We have been asked by some clients for comments with Refer to the response to submitter 2 regarding respect to the advertised policy and how responses could be temporary application of the proposed changes. made to try and influence the final decision to try and stop the Council from making the change. We can certainly understand why the Shire has considered this change to try and improve the situation for rentals however this is not a short term measure as explained within the report. It will definitely mean that into the foreseeable future (unless the policy is changed again) people will likely be unable to achieve approval to construct and use grouped dwellings for short term purposes in the form of a holiday house.

Some points we consider as relevant to the advertised policy 148 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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and our clients' concerns with this loss of opportunity are as follows: • This is quite a significant change because it is removing As discussed in the report this measures proposed are a notable and specific section of dwellings from the recommended to have temporary application in opportunity to be used as holiday houses within response to an acute issue being experienced. This will Margaret River. The short stay policy was reviewed in be reviewed in six months’ time when it is anticipated significant detail in 2017 with a number of workshops the stock created through the building grants program over a long period of time and groups of landowners will become available and supply increases. If at that were invited to attend such workshops and have time there is a decision to continue with the amended significant input on how the policy should finally be policy approach then further consultation can be settled. This included hoteliers, those who already had undertaken with the community and a broad array of holiday houses and other short stay uses and those who stakeholders to inform further decisions on this matter. wished to establish them. This also included those who were against short stay uses. This policy change is quite significant and has not been through the same rigorous procedure and is not backed up by significant explanation, research and workshop consideration. There is obviously a reaction to an issue that is presenting presently and perhaps landowners affected could make a submission to the Shire requesting that a more detailed consideration of the change should be given by Council other than just advertising the change and seeking submissions as this would be similar to the previous process that was undertaken. • Grouped dwellings within the town centre of Margaret Refer to the response to submitter 17 responding to the River are a limited resource and many of those are policy application to Grouped Dwellings. already used for permanent accommodation. Removing the opportunity to apply for these for short stay use in the future will only result in a small number of dwellings relative to the entire town site of Margaret River being made potentially available for permanent accommodation rather than short stay. This is because the now large/wide residential areas of Margaret River are not available for holiday house use in any case and there are a notable number of grouped dwellings in this wider area. 149 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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• The housing crisis of late affects wide groups of families Noted. ranging from couples through to larger family groups. Grouped dwellings typically provide for smaller households and therefore the reaction to remove the ability to use grouped dwellings for short stay may only result in opening up housing for smaller groups generally. • Landowners have purchased land within the policy area Refer to the response to submitter 1 regarding change with a clear intention in many cases to pursue short stay to the policy framework use of dwellings in the form of a holiday house. This is because landowners and the real estate industry generally are aware that a very significant investigation into holiday house use was undertaken by the Shire recently and a very specific area was identified for this use. This therefore focused attention on those areas and the change is therefore significant given this focus of attention and investment security for landowners is concerning. A change of this nature at short notice without serious community engagement could be considered unreasonable and this provides further justification for the longer term consideration and time for landowners who have recently purchased in this area to consider their options with respect to short stay use of dwellings. • Whilst there is currently a shortage of permanent This is in part the basis for the temporary approach residential accommodation in the Shire and particularly proposed. Margaret River there are also a large number of first home buyers' construction projects underway. We understand the Shire has probably never experienced such a massive influx of building licence applications with one of the most significant periods of dwelling construction currently occurring. This means that throughout this year particularly, a lot of these builds will be completed and those persons who are currently renting will move into their dwellings and this will likely have an effect on the availability of rentals. 150 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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• Removal of grouped dwellings from being available for Noted. For the duration of this clause applying. short stay use in the form of holiday houses in Margaret River will essentially mean that the only future houses available for short stay rental in Margaret River will be those that already have approval or those that are considered to be multiple dwellings (above other dwellings or commercial development within the 300 metre of the town centre) or standalone houses (single houses) within that area or those houses on lots in excess of 1 hectare. This measure will effectively reduce considerably any future opportunities for holiday house use in the Margaret River town site. This could in turn have an impact on the future provision of holiday house accommodation particularly within proximity of the town centre where tourists prefer to be. The Local Planning Scheme includes a specific provision which is a more dominant mechanism than a Local Planning Policy. This states at Clause 5.26.4 - "Holiday houses are generally considered appropriate within coastal communities of the Local Government area or within close proximity to major tourist attractions but are not considered to be appropriate within the residential districts of inland settlements."

The policy change could be considered in conflict with Noted. the consideration that holiday houses should be close to major tourist attractions (the town centre of Margaret River). The Shire have taken the view that the residential districts are generally those areas away from the town centre and not those within the area within 300 metres of the town centre. This is further supported by the fact the policy is not to be amended in the other inland settlements where any dwelling within 50 metres of the village centre zone can still be proposed to be used for holiday house use whether or not it is a grouped dwelling or not. This therefore includes 151 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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dwellings within 50 metres of the village centre zone in Cowaramup, Witchcliffe and Karridale. This therefore indicates that the policy change is very specific to Margaret River when in fact it could be argued that this is the location of most tourist interest and where tourists would want to be located. • It is also important to note that at the end of Stewart Noted. This would need to be considered through the Street there is a Structure Plan in place which actually planning application process in these locations. promotes short stay use of houses within that area. The current policy is consistent with that Structure Plan but if the changes to the policy are made there would be a conflicting arrangement of planning documents which would be hard to interpret. A Structure Plan would be in place that promotes the use and a Council policy would be in place that doesn't. As such, it would be difficult for owners to understand where they stand under this policy framework. In planning there is generally a hierarchy of documents and usually a Local Planning Policy should serve to complement a Structure Plan because a Structure Plan is quite a high order document which has been endorsed by the Western Australian Planning Commission as well as being supported by the Shire. This issue certainly needs to be raised with the Council particularly if this affects your land as part of the submission. Obviously concerned owners should mention that the Structure Plan should be dominant.

There would be many other comments that affected landowners Noted. may wish to make but we are simply bringing this matter to your attention given we have represented our clients to achieve approvals in such areas and provided advice to potential holiday house operators.

We therefore strongly urge any affected clients to consider Noted. lodging an application as soon as possible (recognising the risks), make a detailed submission to the advertising of the 152 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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proposal, perhaps aim to meet with essential officers at the Council to try and influence their consideration of the matter, discuss with Councillors regarding the changes and potentially attend any Council meeting where a decision is to made and make presentation to Council. Council has moved very quickly to make this policy change and this has been a reaction to a housing crisis. Whilst this appears to be an honourable move by the Council in the interests of the crisis, it has a major impact on some landowners and decisions that have been made financially based on what was a very carefully considered policy that put in place very specific guidelines after detailed consultation. The mechanisms above may assist you in your response to the policy. Advertising will close on 28th April 2021.

Private Submitter 73 Thanks for your reply about the submission form. I wasn't able Noted. to open a new form and have now realised I've missed the closing time. However, I'd like to put my comments and questions to you as you suggested.

Firstly, I do understand the Shire's need to consider the Noted. accommodation requirements of all parties: residents, holiday visitors, owners, long-term renters, low cost-renters etc and the impact this will have on the community. I understand that it's important to keep a balance.

However, I am a bit concerned from the letters I have received Refer to the response to submitter 17 responding to the that the Shire seems to have decided that one randomly policy application to Grouped Dwellings. selected group of owners, that is owners of In-town grouped dwellings, should take on the burden and responsibility of solving the low-cost rental shortage by offering their properties to tenants at a low-cost rate that would in many cases not cover the owners' costs of mortgage, Shire rates etc. Therefore, in effect subsidising the rent of those tenants at the owners' expense. Whereas other property owners, for example, of single dwellings or in streets a little back from the town centre are not being asked to take on this burden. 153 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

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I also query if grouped dwellings would be the best option or the only option for long term renters. Many of these homes only have small courtyards which are perfect for short stay holiday makers who would mostly be out visiting the tourist sites, but not necessarily ideal space for children and pets which many long-term rental families would want. I also feel that many renting residents would prefer to live in the quieter areas a few streets back from the busy main street.

As the owner of an approved holiday house, I appreciated the Noted. assurances that approvals would not be revoked and that future approval could be given provided that it does not lapse.

I feel that we have contributed greatly to the local community Noted. and businesses by using local trades for all our management, cleaning, maintenance and renovating, as well as bringing constant revenue from holiday makers to the many local cafes, shops, galleries and tourist attractions. I look forward to being a vital contributor to the local economy well into the future.

Private Submitter 74 I wish to submit my objections to the proposed changes to the Noted. short stay accommodation policy.

Our strata block on Formosa Street does not fit the shires Noted. Refer to discussion in the planning comment proposal to create affordable rentals. The blocks are all sold section of the report responding to comments about the with some still to be built on. The blocks were sold by the affordability of dwellings in the policy area. developer and agent with the shires support for short stay. The blocks are expensive. To build was expensive. Our house was Refer to discussion in the report regarding effect on built for us with short stay as a consideration. It will devalue our property values. The amendment is recommended to property. We decided on this block instead of rapids landing be temporary (see comments in response to submitter with more land purely because we had option of short stay. 2). For this reason the changes are not anticipated to have lasting impact on property values.

Personally for us. Our house will not be a rental. It is for our Noted. Refer to the response to submitter 2 regarding enjoyment with short stay potential during busy season or if we temporary application of the proposed changes. 154 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

desperate for money. We were hoping to use the equity to get further loans to actually build rentals in the outer suburbs of Margaret River. Obviously if our place is devalued we won’t be able to. It is unfair to ask an investment business to take a low income from their investment after such a huge outlay of money. The shire should be working for the rate payers, not against them.

As an investment I would think the developers with huge Refer to the response to submitter 1 regarding supply amounts of land in the outer suburbs should sell more of Grouped Dwellings affordable blocks with duplex blocks too. Then it might be worth while investors building affordable rentals.

Private Submitter 75 Thank you for allowing us the opportunity to respond to your proposal on behalf of the thousands of WA families that own Australian Short Term short stay properties. Rental Accommodation (ASTRA) Association The Australian Short Term Rental Accommodation (ASTRA) Noted. association has been involved in fair regulation advocacy for six plus years representing the everyday owners and managers of short stay properties in Australia.

We have attached our submissions to the recent WA Short Noted. This is a large document immediately applicable Term Rental Accommodation (STRA) Inquiry, Levelling the to the subject change, but available here. (Submission Playing Field, as it provides background and perspective on the 259) short stay and wider accommodation industry.

The WA Government interdepartmental working group representatives have engaged with us as they prepare to roll out the recommendations handed down through the WA parliamentary inquiry. Delays due to Covid-19 and the WA State Election are creating a degree of frustration for all Noted. stakeholders. We understand LGA's have been awaiting further action and announcements from the State. Some localities have progressed with introducing, or refining, local solutions to respond to unique local challenges. 155 SCHEDULE OF SUBMISSIONS Amended Local Planning Policy 7 – Short Stay Accommodation

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

We do not support the attitude/position that local discretionary regulation should impose anti-competitive limits nor impose protectionist policies that seek to artificially sustain traditional operators or meet the undersupply of affordable long term rental accommodation. While we accept this is a common Refer to the response to submitter 1 regarding context assumption, these impacts are driven by far more complex of the amendment. See discussion in background economic and societal issues which have little to do with STRA. section of report. We are unaware of any evidence to support these conclusions.

Consistent with the solution developed and put forward by ASTRA (detailed in the attached WA Inquiry submission), the NSW government has legitimatised STRA which is now defined as an exempt residential land use meaning it is permissible subject to operators; The Shire allows for this type of accommodation in a number of places within the Shire but attempts to strike 1) providing safe and secure premises for guests, a balance between provision of tourism accommodation 2) professional management of guests. and having affordable long term rental supply.

The NSW government introduced Registration and the Code of Conduct as mechanisms in achieving these goals. It’s a fair, balanced deal and we hope a similar model will be adopted by each state and territory in Australia.

Short stay accommodation is a vital part of the nature based tourism industry and a key driver for regional tourism, the local economy and local jobs.

We would welcome the opportunity to meet with you to discuss the ways in which these regulatory measures are working in other states to address unwanted impacts and level the playing field. Also to consider the ways in which we can unite to request immediate action from the State.

156 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

11.2.3 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES – 11 MAY 2021

Attachment 1 – Unconfirmed Local Emergency Management Committee Meeting Minutes – 11 May 2021

157

Augusta Margaret River Local Emergency Management Committee

Minutes

For the meeting held Tuesday, 11 May 2021 Augusta Council Chambers 66 Allnutt Terrace, Augusta Commencing at 4.30pm

158 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

Notice of Meeting

Please be advised that a meeting of the Augusta Margaret River Local Emergency Management Committee was held on 11 May 2021, commencing at 4.30pm

Augusta Council Chambers 66 Allnutt Terrace Augusta WA 6285

This meeting was open to members of the public.

If you were unable to attend the meeting, please contact Lisa Garstone, Emergency Services Admin Officer.

P: 9780 5639 E: [email protected]

159 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

Order of Business Agenda Subject Listing

Notice of meeting

Order of business

1.0 Declaration of opening

2.0 Attendance / Apologies / Non-attendance 2.1 Attendance 2.2 Apologies

3.0 Question time for the public

4.0 Disclosure of members’ interests

5.0 Confirmation of minutes of previous meeting 5.1 Local Emergency Management Committee Minutes: 9 February 2021

6.0 Business arising from previous minutes 6.1 Action List

7.0 Reports from Shire Officers and Delegates 7.1 Department of Biodiversity Conservation and Attractions 7.2 Department of Communities 7.3 Department of Fire and Emergency Services 7.4 Department of Health 7.5 Department of Primary Industries and Regional Development 7.6 Shire Bush Fire Brigades 7.7 Shire Human and Community Services 7.8 State Emergency Services 7.9 St John Ambulance 7.10 Volunteer Fire and Rescue Service 7.11 Volunteer Marine Rescue 7.12 WA Police 7.13 Water Corporation

8.0 General business 8.1 Nil

9.0 Matters for which the meeting may be closed (Confidential Items)

10.0 Closure of meeting

160 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

1.0 Declaration of opening The Chairperson welcomed all in attendance and the meeting was declared open at 4.33pm.

2.0 Attendance / Apologies / Non-attendance 2.1 Attendance Committee Members Adam Jasper : Department of Fire and Emergency Services (DFES) Brendan Jordan : St John Ambulance – Augusta Luke Jenner : St John Ambulance – Margaret River Herman Gerritsen : Volunteer Marine Rescue – Augusta Tori Gilmour : WA Police – Augusta Andrew Slee : WA Police – Margaret River/ Local Emergency Coordinator Josh Jackson : Water Corporation

Shire Staff Members Ian Earl : Shire President/Chairperson Nigel Anderson : Shire Manager Human and Community Services/Shire Recovery Coordinator Lisa Garstone : Acting CESM/Minute Secretary

Observers Nil

2.2 Apologies Adrian Yates : Augusta Margaret River State Emergency Service (SES) Petrina Yates : Augusta Margaret River State Emergency Service (SES) Ed Hatherley : Department of Biodiversity, Conservation and Attractions (DBCA) Hal Snyder : Department of Communities Roma Boucher : Department of Communities Nathan Hall : Department of Fire and Emergency Services (DFES) Peter Thomas : Department of Fire and Emergency Services (DFES) Vik Cheema : Department of Fire and Emergency Services (DFES) Emily Lewis : Department of Primary Industries and Regional Development (DPIRD) Michael Beasley : Marine Rescue – Margaret River David Holland : Shire Chief Bush Fire Control Officer (CBFCO) Quentin Blunsdon : Shire Deputy Chief Bush Fire Control Officer (DCBFCO) Stephanie : Shire Chief Executive Officer Addison-Brown Nick Logan : Shire Director Sustainable Development and Infrastructure Services Alex Bernhagen : Volunteer Fire and Rescue – Augusta Leith Jones : Volunteer Fire and Rescue – Margaret River Dane Hendry : St John Ambulance – Margaret River Marie Tweedie : WA Country Health Service (WACHS) David Wall : WA Police – Augusta Gary Smith : Western Power Matt Davey : Western Power

3.0 Question time for the public Nil

4.0 Disclosure of members’ interest Nil

161 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

5.0 Confirmation of minutes of previous meeting 5.1 Local Emergency Management Committee Meeting Minutes: 9 February 2021

RECOMMENDATION/LEMC DECISION LEMC2021/04 That the unconfirmed minutes of the Local Emergency Management Committee Meeting held 9 February 2021 be confirmed as a true and correct record of the meeting. Moved: Brendan Jordan, St John Ambulance – Augusta Seconded: Josh Jackson, Water Corporation Carried: 8/0

162 6.0 Business arising from previous minutes 6.1 Action List

Date Action Item Action Update Status Actioning Officer 20/05/20 LEMC Exercises/Meeting Locations. 20/5/20: Adam Jasper to liaise with Nathan In progress Adam Jasper, Nathan Hall and get in touch with Josh Jackson from Hall, Josh Jackson the Water Corporation regarding his offer to and Lisa Garstone host a meeting/exercise.

11/08/20: Hypothetical Water Corporation Exercise discussion held. Members to forward their responses to the Emergency Services Admin Officer. Outcomes to be discussed at the November LEMC which is proposed to be hosted by the Water Corporation in Margaret River (TBC).

9/2/21: Due to DFES District Officer Emergency Management LSW, Nathan Hall, being an apology as a result of a deployment to Albany, this item will be rolled over to the next LEMC meeting due to be held on 11 May 2021.

11/5/21: Due to DFES District Officer Emergency Management LSW, Nathan Hall, being an apology for this meeting, this item will be rolled over to the next LEMC meeting due to be held on 10 August 2021. Lisa to liaise with Josh Jackson re the possibility of Water Corporation hosting the next LEMC meeting, and to include a tour of the Margaret River facility.

163 7.0 Reports from Shire Officers and Delegates 7.1 Department of Biodiversity Conservation and Attractions • Meeting apology.

7.2 Department of Communities – Roma Boucher PPE Kits Update • Items for the SW PPE kits have been received and sorted into 2 x 60ltr crates per kit. • We have 18 crates stored at the Busselton office in readiness for the City of Busselton and Shires of Augusta Margaret River and Nannup; 9 kits in all. Due to the lateness of delivery and being late in the summer season, we have decided to keep the crates at the Busselton office and move them as/if required on an as needs basis.

Cyclone Seroja • I was recently deployed to Geraldton to assist with recovery work in relation to Cyclone Seroja for 11 days and worked in Geraldton, including outreach to Northampton and at the Incident Control Centre. The welfare work of the Department continues providing personal support and financial assistance from 3 hubs in the Mid-West Gascoyne and available at Kalbarri, Northampton and Morawa. Teams are deployed weekly and work according to accommodation availability, etc.

The above report was received following distribution of the Agenda, but prior to the meeting being held.

7.3 Department of Fire and Emergency Services Acting Area Officer Leeuwin – Adam Jasper

Mr Jasper informed the meeting of his recent deployment to Geraldton as part of the cyclone Seroja recovery team, including some of the issues faced. He stressed how important it was to ensure that all LEMA arrangements and contact details were kept up-to-date, and that hypothetical exercises and response plans are regularly tested.

District Officer Capes LSW – Peter Thomas • Meeting apology.

District Emergency Management Advisor SW – Vik Cheema State State Emergency Management Committee met on 5 March 2021. Please see attached copy of the SEMC Communique (refer Attachment 7.4.1). Key points to note: • Royal Commission into National Disaster Arrangements • WA Community Disaster Resilience Strategy • Grant update • State Emergency Management Framework • Local Government State Capability Webinar Link • SEMC Capability Survey

District – South West South West District Emergency Management Committee (DEMC) met on 16 March 2021. Highlights of the meeting are: • COVID-19 current status and preparedness update from the WACHS • DBCA Prescribed burn presentation • Australian Defence Force disaster assistance presentation • Agency updates • Shire of Manjimup local evacuation and recovery arrangements noted by the DEMC

164 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

TC Seroja: DEMA SW deployed to Geraldton and provided support to the multi-agency response and recovery efforts. TC Seroja has caused a widespread impact across several local government districts. As a result, disaster Relief Funding Arrangement (DRFA-WA) is activated for the TC Seroja event, and Lord Mayor’s Distress Relief Fund is collecting public donations to assist the impacted community. Emergency Services staff and volunteers from across the state deployed to the Midwest region.

Local 2021 Annual and Preparedness Report Capability Survey Under section 33 and 40 of the Emergency Management Act 2005 (EM Act), Local Emergency Management Committees are required to submit annual reports to the SEMC regarding their emergency management activities. Also, under the EM Act, the State Emergency Management Committee is required to report to the Minister for Emergency Services each year regarding the preparedness of the State to combat emergencies. It should be noted that completion and submission of the survey will form part of the evaluation criteria for grants such as AWARE and National Disaster Risk Reduction (NDRR).

A letter from the SEMC Chair is sent to the local government CEO on 16 April 2021. The survey is due for submission to SEMC Capability team no later than Wednesday, 9 June 2021.

Local Emergency Management Arrangement – status correct as at 12 March 2021

LEMA Number local Number % Local governments with current required noted/submitt governments LEMCs LEMA ed to SEMC

12 12 12 100% Resolu tion Date of 5- Local Government LEMA Status Date No year review Augusta Shire of Augusta Margaret Current 3/10/2017 3/10/2022 Margaret River 46/2017 River

Shire of Boyup 3/08/2018 52/2018 3/08/2023 Boyup Brook Current Brook

Shire of 3/10/2017 46/2017 3/10/2022 Bridgetown- Current Bridgetown- Greenbushes Greenbushes

6/03/2020 08/2020 6/03/2025 City of Bunbury Bunbury Current

8/12/2017 63/2017 8/12/2022 City of Busselton Busselton Current

2/08/2016 40/2016 2/08/2021 Shire of Capel Capel Nearing review

3/10/2017 46/2017 3/10/2022 Shire of Collie Collie Current

2/08/2016 40/2016 2/08/2021 Shire of Dardanup Dardanup Nearing review

165 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

Shire of 3/10/2017 46/2017 3/10/2022 Donnybrook- Current Donnybrook- Balingup Balingup

3/10/2017 46/2017 3/10/2022 Shire of Harvey Harvey Current

6/03/2020 08/2020 6/03/2025 Shire of Manjimup Manjimup Current

14/08/2020 50/2020 14/08/2025 Shire of Nannup Nannup Current

7.4 Department of Health Margaret River and Augusta Hospital (WACHS-SW) – Marie Tweedie COVID • Staff and aged care resident COVID vaccinations have commenced with extra dates and sites (Margaret River/Busselton) • COVID swabs continue for both asymptomatic and symptomatic presentations. • WAPOL are notified for any protentional breach as occurred on Friday 23rd April. • Change of visiting hours to respond to recent outbreak to both sites. • Staff continue to be trained in donning and doffing of PPE and fit checks for masks. • PPE supply and stocks are adequate.

Emergency drills: • Code red fire drills continue for both sites including ALL staff and volunteers. • Updated Margaret River Hospital Emergency procedure manuals to include pandemic information.

Activity and staffing • Margaret River had over 200 more presentations to ED than at the same time last year • Augusta had 30 more than this time last year. • Bed capacity at Margaret River and Augusta Hospital’s remain full due to lack of available beds in nursing homes putting pressure on the ability to admit acute patients. • Nursing recruitment is underway for both sites to maintain activity and surge presentations. Accommodation for new starters remains an issue. • Staff deployed to Midwest to assist after Cyclone Seroja.

7.5 Department of Primary Industries and Regional Development – Emily Lewis DPIRD COVID19 Update • DPIRD continues to support wider State Emergency Management Arrangements across the State e.g. Wooroloo; TC Seroja/Odette.

Biosecurity Incidents and Responses – Update • Queensland Fruit Fly (Qfly) - DPIRD continues to respond to Qfly operations within Coolbellup since Dec 2020. Eradication and surveillance activities will be managed in accordance with the National Fruit Fly Management Protocol. • Browsing Ant response has transition to a National program, DPIRD activities are focussed on surveillance to verify eradication across the State. • Red Imported Fire Ant (RIFA) response has transition to a National program, surveillance activities are focused on establishing ‘Proof of Freedom’ to prove the pest has been eradicated. • Ehrlichia canis (Ehrlichiosis) DPIRD is conducting surveillance for the disease and has conditions on dogs moving out of northern WA to reduce the risk of the disease spreading to southern WA. • Additional information on these pests are available at www.agric.wa.gov.au.

166 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

7.6 Shire Bush Fire Brigades – David Holland Operational Incidents/issues • We assisted DBCA at the Bramley planned burn.

Training Courses conducted • Planning is underway for the local training program for 2021, which is due to commence shortly.

Procedures • Nil

Appliances / Facilities • Nil

Administration • A Section 46 declaration was enacted for the Easter long weekend due to the forecast of dry and windy weather. Section 46 prohibits the lighting of fires under certain conditions. • The Shire has issued over 130 Permits to Burn so far this season (up to 28 April) which is a lot! • The Restricted Burning Period was brought to an early close on Friday, 30 April due to sufficient rainfall to date and the forecast for more rain in the following week.

The above report was received following distribution of the Agenda, but prior to the meeting being held.

7.7 Shire Human and Community Services – Nigel Anderson COVID-19 Shire Community Grant Program • Care Package Round 1 – 12 approved grants of which 10 have been successfully acquitted. • Care Package Rounds 2 • Community Resilience Grants – 10 approved grants of which 1 has been successfully acquitted. • Economic Stimulus Grants – 7 successful applicants all of which are still open.

7.8 State Emergency Services – Petrina Yates Incidents & Events Low number of incidents over the 3 months, but very busy the last three weeks with cyclone recovery support: • TC Seroja deployment: 6 members deployed over three weeks, for Taskforce 1, 2, and 3. • Ambulance assist: 1 request for injured person in Kilcarnup (stood down before attended). • Storm damage: One minor incident in Feb and April. • Water bomber: Request in March but stood down. • Fire support: Transfer of local crew in Feb from MR to Augusta • Community Engagement: Members ran the Breakfast Bar at the MR Farmers Market in Feb, good fundraising and provision of information to the community; Members provided emergency services activities to the MR Recreation Centre Kids Club, 50 children kept involved and active for 1 ½ hours.

Training • Members attended Navigation, Storm Damage, Chainsaw operator and BGR / USAR. • Vertical Rescue team training in collaboration with caving groups to support cave response capability. • Weekly Monday-night training proceeding well with 15-20 members.

167 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

Administration & Other • Membership increased to 44 members after successful recruitment campaign for operational and administrative members. • GRU (General Rescue Utility) Isuzu D-Max is on hold for regional areas due to concerns not fit for purpose. • Vertical Rescue training tower enhancements approved by DFES and project manager appointed. These include safety upgrades, lighting, an enclosed space for cave rescue training and a staircase for general rescue training. Lighting installed. Designs work with Margaret River engineering. • Collaborating with VFRS and DFES on site plans for the adjacent fire station, ensuring suitable access to SES facilities in case of major incidents. • Approval process continuing for ablutions in the shed to supplement the two toilets at the SES facility.

7.9 St John Ambulance Augusta – Brendan Jordan • New Mercedes working well. Quite different to other vehicle. • Combined exercise with Augusta VFRS simulating a two-car crash with 3 patients was held in early April. • Things have eased off job wise since last meeting, however, Marie Tweedie’s report states that both Augusta and Margaret River hospitals are mostly full, which is true. This is mainly due to permanent long-term care, with patients awaiting placement elsewhere. This is turn takes up trauma beds, leading to lots of transfers to Busselton and Bunbury, which takes us out of the area (approx. 4-5 round trip to Bunbury). However, there are currently enough volunteers to backfill.

Margaret River – Luke Jenner • Margaret River has also seen an increase in transfers, three-fold year-on-year, which is reflective of how busy the hospitals currently are at the moment. • Staged rollout of new ECG monitors to Margaret River at the end of May, followed by Augusta and Dunsborough later in the year. These will be good for patient care and will allow us to diagnose heart conditions more quickly, with better patient outcomes. The units from Germany will be hard-wired and will include installation and training.

The above reports were received verbally at the meeting.

7.10 Volunteer Fire and Rescue Service Augusta • Not in attendance.

Margaret River • Not in attendance.

7.11 Volunteer Marine Rescue Augusta – Herman Gerritsen • With bigger than average crowds over summer the number of rescues carried out over summer were probably down on previous years. Most were minor incidents (breakdowns, etc.) both in the river and the ocean. One incident which occurred in the breakers at the mouth of the river could have turned nasty, but two PWCs were deployed quickly (about 6am the morning) with a successful rescue being carried out. • The MV Ryall is still undergoing its refit. This has been going on since the 25th September 2020. The Group is looking forward to its completion, hopefully sometime in the next week or two. • The Group is looking forward to the commencement of its new building at the Boat Harbour. Plans and permits have all been approved and the builder hopes to start on stage one in the upcoming weeks.

168 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

• Danial Pell has spent quite a bit of time with the Commander and the Committee setting up a training programme for members to learn and upgrade skills and outlining where members can go to do courses. • The Group has also been fortunate to have some new members join, some with previous experience from other Groups.

Margaret River – Michael Beasley • Briefly we have had a number of break down call outs, including one capsized boat which had the potential for injury and/ or loss of life. Happily, the boat and all occupants were returned safely to shore with no serious injuries sustained. • Our Gracetown shed extensions are nearing completion, and decisions on the acquisition of a new larger towing vehicle are currently underway. • The group assisted in safety roles during the recent Gracetown Swim event. • Training continues on a regular basis.

7.12 WA Police Augusta – Tori Gilmour • Officers sent as part of cyclone recovery assistance.

Margaret River – Andrew Slee • No significant incidents to report. • Previous OIC Luke Fowler has recently been transferred to Australind, with Andrew filling in for 6-8 weeks until his replacement, Simone Taplin from Esperance, arrives.

The above reports were received verbally at the meeting.

7.13 Water Corporation – Josh Jackson Scheme Summary We have seen the trend of higher than normal consumption and treatment rates for the year. The 10-mile dam level is at 63% and the feeder creek is running already. This is a strong position for May and because of that we have shut down the Mowen Bore to undertake maintenance on the Lilly Rd WTP. We will monitor the levels and aim to restart if the rains don’t continue as expected.

I have had early meetings to look at installing back up power capabilities at Fisher Rd WTP in Augusta. We have procured a genset and are looking into the design for an auto changeover arrangement to ensure continuance of supply in an emergency situation. Better fire mitigation plans for the surrounding site are also underway. We hope to have that work done prior to this year’s fire season.

VDD Project incident planning We have had several rain events with the potential to cause stream flows within the drainage system at Busselton. The project team liaised well with the local operations and stakeholders to put robust plans in place and monitor the risks live though each event. To date none had caused us to deviate from our plans or initiate any of the contingencies.

Current Projects • The Eagle bay tank replacement. Tripling the capacity on the site. • Cape Naturalist pump station (Genset power back up on site). • Fisher Rd Augusta power backup. • Vasse diversion drain flood protection for Busselton works. An estimated 30 million will be spent of flood protection of the Busselton City. The works will enable the drainage system in conjunction with the Compensating basins to handle the flows generated from a 1 in 1000-year event with 50 mm free board. Currently capable to handle a 1 in 55-year event.

The meeting then held a brief discussion regarding the current COVID restrictions, including concerns of complacency when it comes to contact tracing registration, and how this could become a problem in the future should our region experience an outbreak.

169 Shire of Augusta Margaret River Local Emergency Management Committee Meeting Minutes: 11 May 2021

8.0 General business 8.1 Nil

9.0 Matters for which the meeting may be closed (Confidential Items) Nil

10.0 Closure of meeting

Before the closure of the meeting, the Chair called for any final items of discussion.

As there were no further items to discuss, the Chair thanked all for attending and the meeting was closed at 4.56pm.

170 Augusta Margaret River Local Emergency Management Committee

Attachments

For the meeting to be held Tuesday, 11 May 2021 Augusta Council Chambers 66 Allnut Terrace, Augusta Commencing at 4.30pm

171 Attachment 7.4.1

SEMC COMMUNIQUE MARCH 2021 HIGHLIGHTS

The State Emergency Management Committee (SEMC) met on 05 March 2021. The key discussion items and resolutions from the meeting are summarised below.

The Honorable Francis Logan, MLA outgoing Minister for Emergency Services joined the meeting and expressed his thanks to all in the emergency management sector for their hard work and contributions during his time as Minister and commented on the outstanding manner in which Western Australia (WA) has managed recent emergencies.

Discussion Items • The Fire and Emergency Services Commissioner confirmed that the State Government has not yet provided a formal response to the Royal Commission into National Natural Disaster Arrangements. A position is anticipated following appointment of the new Cabinet in WA. Notwithstanding this, the Commonwealth is progressing seven priority recommendations through the Australian- New Zealand Emergency Management Council ahead of the 2021-22 high risk weather season. • The Government Chief Information Officer and Executive Director Corporate Services, Department of Fire and Emergency Services provide an update on innovations and progress made to date in addressing issues relating to telecommunications reliability and capacity in emergencies, on behalf of the Public Safety Communications Sub-committee. • The Department of Fire and Emergency Services presented a summary of the proposed key strategic directions for the WA Community Disaster Resilience Strategy. The committee discussed the opportunities in this work and correlation with other current strategic initiatives. • The Department of Agriculture, Water and Environment presented an overview of the arrangements for managing human health on international commercial vessels. Lessons learnt and the strengthened collaboration between all levels of government and with non- government agencies was highlighted, of particular the partnership with WA Health in response to COVID-19 cases on vessels in WA ports.

Grant Updates The SEMC approved the 2020/21 All Western Australians Reducing Emergencies (AWARE) competitive grant round. Over $230,000 allocated across 16 local projects that aim to enhance WA’s Emergency Management arrangements by investing in capacity building and preparedness activities at a local level. Congratulations to the successful applicants.

SEMC Communique –March 2021 Highlights

172

State Emergency Management Framework • The SEMC approved the updated Local Recovery Guidelines and Local Coordinator Aide Memoire to improve the guidance provided to state agencies and local government for the preparation of a Local Recovery Plan and management of the recovery process in emergency affected communities. • The SEMC approved the revision of State Hazard Plan- Hazardous Materials Emergencies Annex A: Radiation Escape from Nuclear Powered Warship. The revision was carried out in line with the five yearly review in accordance with State Emergency Management Policy. • The SEMC approved updates to the Impact Statement Guide and Template (attachment to State Emergency Management Recovery Procedure 4) and the consequential amendments to the State Emergency Management Plan Section 6.4 and State Emergency Management Recovery Procedure 4. The updates address feedback on the need for more support and guidance for impact statement and when an Impact Statement was required. • The SEMC approved the updates to State Emergency Management Procedures 1-5. The updates provide further clarity and consistency across procedures.

A summary of all amendments made to the State Emergency Management Framework can be found at the SEMC website by viewing the State Emergency Management Document Amendments and Review Schedule.

The following EM Policies are scheduled to go out for consultation in the coming period:

March WA Police Force SHP Hostile Act/Terrorist Act (restricted)

April DFES SHP Severe Weather/Earthquake/Collapse DFES SHP Tsunami DoT SHP Maritime Environmental Emergencies DPIRD SHP Animal Plant and Biosecurity Managing Exercises Guideline and Lessons

May State EM Plan roles and responsibilities Review of Australian Government Physical Assistance/Defence Assistance to civil Communities (State Response Procedure 20). (proposed)

For further information please contact [email protected]

Page 2 of 4 173

Sub Committee’s and Reference Groups Chairs and Executive Officers of the all SEMC Subcommittee and Reference Groups (the committees) participated in the Annual meeting chaired by SEMC Deputy Chair Emma Cole. The committees identified the priorities for the 2021-22 and identifying challenges that may impede achievement.

Upcoming SEMC Subcommittee and Reference Group Meetings for the period: • Response Capability Subcommittee 24 March 2021 • Recovery & Community Engagement 26 March 2021 • Public Safety Communications 07 April 2021 • Risk Subcommittee 15 April 2021 • Public Information Reference Group 5 May 2021

Resilient Australia Awards

The Resilient Australia Awards celebrate and promote initiatives that build whole of community resilience to disasters and emergencies around Australia, as well as images capturing resilience in action. The awards recognise collaboration and innovative thinking across all sectors. This year a new category as been added to the program Resilient Australia Mental Health and Wellbeing Award

For further information on the program and to submit your project for an award, visit the Australian Institute for Disaster Resilience website. Applications close Thursday 3 June 2021.

Local Government State Capability Webinar Link On the 16th March 2021, WALGA and DFES co-hosted a webinar for local governments (LG) on the topic of State emergency management capability.

Page 3 of 4 174

Presented by Peta Turner, Program Leader, DFES State Capability Team, the webinar covered the following topics: • the SEMC State Emergency Management Capability Framework (how it has evolved over time, plans for its review and what it means to LGs) • the associated Annual and Preparedness Report Capability Survey (scheduled for release in April 2021, including some of the practicalities for completing it) • the individual LG capability summary reports (roll-out plans, how to interpret the findings and how the information can be used).

A link to a recording of the webinar can be found here.

SEMC Capability Survey to be Released Each year*, the SEMC conducts its Annual and Preparedness Report Capability Survey (the capability survey). The survey is sent to a wide range of organisations who have a role in emergency management. The findings are used by the SEMC to report to the Minister for Emergency Services on the preparedness of the State to combat large scale emergencies.

The DFES State Capability Team manage the survey on behalf of the SEMC. The team is preparing to release the 2021 survey in mid-April. Respondents will have approximately 8 weeks to complete and submit their organisation’s survey. For more information, please contact [email protected].

*Note: due to the additional pressures created by COVID-19, the capability survey was not conducted in 2020.

The next meeting of the SEMC The next meeting of the SEMC will be held on Friday 07 May 2021.

Agenda item submissions are currently open and close three weeks prior on Friday 16 April 2021.

Page 4 of 4 175 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

11.2.4 SCHEME AMENDMENT NO.61 AND ASSOCIATED STRUCTURE PLAN – LOTS 48 TREETON ROAD AND 49 FRESIAN STREET, COWARAMUP – FOR FINAL ADOPTION

Attachment 1 – Scheme Amendment Map

Attachment 2 – Proposed Structure Plan

Attachment 3 – Schedule of Submissions

176 177 LEGEND

SUBJECT LOT

331 PROPOSED LOT 1 PROPOSED STRATA LOT LAND TO BE

AMALGAMATED COMMON PROPERTY WITH LOT 1 PROPOSED BUILDING ENVELOPE DYSON R OAD RECIPROCAL RIGHTS OF ACCESS EASEMENT (to benefit lots 201, 202 & 203)

1 EASEMENT TO BENEFIT LOT 104

EMERGENCY ACCESS WAY (ACCESSABLE Y

A VIA EASEMENT IN GROSS)

W ENVIRONMENTAL LANDSCAPE PROTECTION AREA H

G I 201 202 49 LANDSCAPING / REHABILITATION AREA H 1.20ha 1.01ha 6.41ha L

L 203 62 E 3.81ha S S 48 U

B 11.23ha LOCATION PLAN

DYSON R OAD 102

4.54ha 49 101 COMMON PROPERTY 48 6.41ha 1.40ha 3848m² 11.23ha 104 R47911 5 AY W T 1.73ha 4 R E 3 EET F V GH 2 I R D 1 I H ON E S

I H AN T 6 R R LL O O E A D W S S S E U L S T B IGG R W R49005

W F AV E R COWARAMUP R I LE E TOWN CENTRE Y 18 S R D IA 19 N M EM S O B RIA T L DV O R E TT 20 EET R I LL

E S IV T 21 R T D R EE H T T O 22 R N O 103 R W OA 2.97ha S D 23 LE

IGG R W

Approval

This Local Structure Plan has been approved by the Shire of

Augusta-Margaret River under the Shire of Augusta-Margaret River

Local Town Planning Scheme No. 1

______

Signature Date

This concept has been prepared for the purpose of meeting client specifications. The drawing does not constitute an invitation, agreement or contract (or any Title: LOCAL STRUCTURE PLAN part thereof) of any kind whatsoever. N Although care has been taken on the compilation of LOT 48 TREETON ROAD & LOT 49 FRIESIAN STREET, this document by Halsall & Associates, all parties associated with the proposed property development 0 30 60 90 120 COWARAMUP. disclaim any responsiblity for any errors or omissions. The right is reserved to change the plan at any time. Date: May 2021 Liability is expressly disclaimed by Halsall & Associates metres for any loss or damage which may be sustained by any person acting on any visual impression gained from this drawing. Scale: 1:3,000@A3 [email protected] 178 All areas and dimensions shown on this drawing are 0408 820 001 subject to final survey. land development & visuals Revision No:F SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Private Submissions – Support 1. Antony Colley Support Noted. PO Box 86 Gelorup

Affected Property Friesian Street, Cowaramup 2. M & P Tugwood PO Support Noted. Box 390 Margaret 1. Hoping the change in zoning has the owner remove the “Fire River Risk” i.e. dangerous trees, scrub, regrowth etc and has to put in a “fire break” that abuts my south boundary. Affected Property 9 Friesian Street, Cowaramup Government Agencies a. Department of No objection. Noted. Planning, Lands and Heritage – Heritage Council b. Department of No objection. Noted. Primary Industries and Regional Development c. Parks and Wildlife Proposal and any potential environmental impacts will be Noted. Service addressed through the existing planning framework. d. Department of Review of Register and Aboriginal Heritage database concludes Noted. Planning, Lands and there are no known places or sites within the proposed lots. Heritage – Based on this information no approvals under the Aboriginal Aboriginal Affairs Heritage Act 1972 are required. e. Main Roads 1. Don’t support the Structure Plan with emergency access to Noted. See discussion on Access in the report. Dyson Road. 2. Noted the the emergency fire access is proposed to service the proposed lots and existing industrial area. Bushfire

179 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

guidelines require Emergency Access comply with relevant engineering standards including intersection sight distance. 3. Sightlines along Bussell Highway from Dyson Road intersection are restricted and the road is only constructed as a basic single lane gravel/driveway, hence the intersection is not considered suitable for the proposed emergency access. 4. The increased traffic demands in an emergency situation will increase the potential for traffic conflicts along highway and intersection. 5. Suggested the Structure Plan be redesigned to include a cul-de-sac road from Treeton Road to service proposed subdivision with emergency access link through to Friesian Street. This will allow emergency access for existing industrial area through proposed subdivision or alternatively a subdivision loop road could be provided from Treeton Road linking through to Friesian Street. f. Water Corporation 1. Reticulated water available if water main extensions are Noted. required for site they must be laid within the existing and proposed road reserves, on the correct alignment. 2. Waste water wasn’t planned to serve this rural area, therefore reticulated sewerage is not immediately available to serve subject area. If required sewer main extensions need to be laid within the existing and proposed road reserves. Subject area will require fill. g. DFES I refer to your email dated 12 February 2020 regarding the submission of a Bushfire Management Plan (BMP), Revision B, prepared by Ecosystem Solutions dated 8 August 2019. The BMP was included as Technical Appendix B in the report titled “Structure Plan Lot 48 Treeton Road and Lot 49 Friesian Street, Cowaramup” prepared by Halsall & Associates and dated August 2019.

It should be noted that this advice relates only to State Planning 180 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7) and the Guidelines to Planning in Bushfire Prone Areas (Guidelines). It is the responsibility of the proponent to ensure that the proposal complies with all other relevant planning policies and building regulations where necessary. This advice does not exempt the applicant/proponent from obtaining necessary approvals that may apply to the proposal including planning, building, health or any other approvals required by a relevant authority under other written laws.

Assessment 1. Policy Measure 6.3 a) (ii) Preparation of a BAL contour map

Issue Assessment Action Method 2 Given the issues associated Comment Appendix 3 has been removed, method 2 calculations BAL with Element 1, Element 2 and have been removed from the assessment. Assessment Element 3, DFES have not undertaken verification of the Method 2 calculations as detailed in Appendix C. Vegetation Drainage reserves - Modification Reserve 49005 classified as Woodland, Reserve 47911 exclusions Insufficient information to the BMP classified as shrubland. Evidence to support the required. exclusion of Reserves 49005 and 47911 as managed to low threat in accordance with AS3959:2018 is required. DFES notes that the reserves are located within Crown Land which is not subject to the Shire’s firebreak notice. An enforceable mechanism is required to provide certainty 181 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

that the proposed management measures can be achieved in perpetuity and that they are enforceable.

2. Policy Measure 6.3 c) – Compliance with the Bushfire Protection Criteria:

Element Assessment Action Location A1.1 & A2.1 – not Modification Envelopes modified to be within areas rated BAL – 29 or & Siting demonstrated required. lower. and Good design in bushfire prone Design areas should ensure development is located in areas with the least possible risk of bushfire. The BMP recognises remnant vegetation within and surrounding the site as having an extreme or moderate bushfire hazard. However, the subdivision design does not respond to this risk. DFES is particularly concerned regarding areas within the building envelope for proposed Lot 203 which is affected by areas of BAL-40 and BAL-FZ. The BAL Assessment and Contour map cannot be validated for the reason(s) highlighted in the above table. Therefore, compliance to the Element 1 and Element 2 has not been demonstrated. 182 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Vehicular A3.1 – Does not comply Does not See discussion in report about Access. Access The public road system in a comply. bushfire prone area should Please provide two alternative public redesign access routes to two different structure destinations. plan or Access to two different provide destinations for Lot 201, Lot 202 substantiated and Lot 203 becomes available at evidence of a the intersection of Treeton Road performance and Wrigglesworth Drive, a principle distance of approximately 500 based metres. This exceeds the allowed solution 200 metre length. DFES acknowledges the BMP provides commentary regarding the provision of an EAW.

However, no justification or substantiated evidence has been provided within the BMP to justify why public road access cannot be provided to resolve connections between legacy non-compliant dead-end roads for this structure plan. Given DFES have not validated the provision of the EAW, it is recommended that modifications to the BMP are required to demonstrate full compliance with Element 3.

183 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

A3.3 - does not comply Does not Cul-de-sacs and dead-end roads comply. should be avoided in bushfire Please prone areas unless it can be redesign demonstrated that no alternative structure exists. The BMP states that plan or Dyson Road is both an existing provide road and a ‘vegetated un-made substantiated public road’. evidence of a However, DFES does not performance support the justification for non- principle compliance to this acceptable based solution, particularly where no solution. existing legacy development exists. The justification does not substantiate why the cul-de-sac design cannot be avoided, for example by providing a loop or through road. A3.4 Battle-axe – not Please demonstrated redesign Lots with battle-axe access legs structure should be avoided because they plan or do not provide two-way access provide and egress for residents, and substantiated may be easily blocked by falling evidence of a trees or debris. It is unclear at performance this strategic level, why no principle alternative for redesign exists. based Appropriate design will greatly solution. assist with bushfire prevention and suppression activities.

184 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

A3.6 EAW – not demonstrated Please The BMP has not demonstrated demonstrate the specific site characteristics why no or constraints, or why an alternatives alternative design option does exist. not exist. Whilst DFES have not Should no yet validated the provision of an alternatives EAW in meeting the exist then requirements of A3.1, the please emergency access way (EAW) redesign proposed to Treeton Road and subdivision; Dyson Court requires a legal or provide a mechanism to ensure that the performance management and access principle- arrangements are in place for based maintenance and public access solution. during an emergency, in perpetuity. Such arrangements should be documented at subsequent planning stages (subdivision or development) and should be agreed by the local government.

Recommendation – not supported modifications required

The BMP doesn’t adequately address the policy requirements of SPP3.7 and the Guidelines.

DFES has assessed the plan and accompanying BMP and has identified issues that need to be addressed prior to support of the proposal (refer to tables above). h. Department of DWER identified the proposal has the potential for impact on Noted. Modification included Water and water resource values and management. While DWER don’t 185 SCHEDULE OF SUBMISSIONS – P219536 Scheme Amendment No. 61 to Local Planning Scheme No. 1 19 (Lot 48) Treeton Road and 13 (Lot 49) Friesian Street, Cowaramup

SUBMITTER SUMMARY OF COMMENTS OFFICER COMMENT (Name & Address)

Environmental object following matters should be addressed: Protection Issue – Access to water under the Rights to Water and Irrigation Act 1914.

Recommendation – Any taking of water that is not considered for domestic use and stock watering will require a licence.

Issue – All lots have building envelopes within 100 metres of the nearest waterways, Wilyabrup Brook tributary.

Recommendation – Secondary treatment of effluent for nutrient reduction as outlined in the Government Sewerage Policy (WAPC 2019).

If further modifications are proposed they may have implications on aspects of environment and/or water management, DWER should be notified to enable the implications to be assessed. i. Department of 1. Development is required to be connected to scheme water The requirement for scheme water connection has not Health and occur in accordance with Government Sewerage Policy. been mandated in this case, there is sufficient space on site for water storage, and this is considered to be a more sustainable means of providing potable water to a property.

2. Suitable provision for onsite effluent disposal area to be Noted. accommodated in any planning approval. 3. Separation distances from water courses for onsite effluent Noted. This has been provided by the applicant. must be maintained. For onsite wastewater systems to be approved, a winter ‘site-and-soil evaluation’ is required. 4. Concern about existing and potential agricultural activities on Noted. See modification b) required in the officers surrounding land and possible spray drift “Guidelines for recommendation. Separation of Agricultural and Residential Land uses” should be taken into consideration.

186 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

11.2.5 REGIONAL CLIMATE ALLIANCE PROGRAM

Attachment 1 – Regional Climate Action Alliance Program

187

Regional Climate Alliance Program Expression of Interest to Form a Climate Alliance Application Guidelines

May 2021

Image: Denmark Inlet (Source: WALGA)

[email protected] www.walga.asn.au 08 9213 2000

188

Acknowledgement

The WA Local Government Association (WALGA) acknowledges the Traditional Owners of the land and pays respects to Elders past, present and emerging.

Image: ‘Untitled’ (Derbari Yerrigan-Swan River)’ by Jade Orchid Dolman Penangke (Source: WALGA)

189 Regional Climate Alliance Program-Application Guidelines

Contents

Introduction 2

Program overview 6 Purpose of the Program 6 Program Funding 6 Regional Climate Alliance Coordinator Position 7 Regional Climate Alliance Project Funding 7 Eligibility Criteria 8

Program Timeframes 10

How to apply 11 Advice and guidance 11

Assessment 12 Assessment Criteria 12 The Application and Assessment Process 12 Notification of assessment outcome 13 Key dates 13

Requirements for successful recipients 14 Program launch and promotion 14 Alliance Funding Agreement with WALGA 14 Project management 14 Payment of funding 14 Progress reporting 15 Program completion and evaluation 15 Legislative and Regulatory Requirements 16 Tax Implications 16 Acknowledging the State Government and WALGA’s support 16 Insurance requirements 16 Disclaimer 17 Privacy policy 17 References 17

190

Introduction

The Western Australian Local Government Association (WALGA) is inviting Local Governments to submit an Expression of Interest to establish a climate alliance under the Regional Climate Alliance Program. The Program is an initiative under the State Government’s Western Australian Climate Policy and aims to support regional Local Governments to take action on climate change, energy and sustainability through regional partnerships.

The Department of Water and Environmental Regulation (DWER), the lead agency for the initiative, has partnered with WALGA to administer the Program. WALGA will manage the program and $420,000 will be available for two pilot Regional Climate Alliances with joint oversight from DWER, the Department of Local Government, Sport and Cultural Industries (DLGSC), and WALGA.

Program funding will support employment of a Regional Climate Alliance Coordinator within each of the two Alliances established. Funding will also be available to the Alliances to deliver climate adaptation and mitigation projects through a competitive grant process.

The Program aims to pilot the Alliance model in Western Australia and demonstrate how collective action, at a regional level, can enable Local Governments to overcome current capacity limitations and accelerate the delivery of climate change responses.

This Program builds on the Climate Resilient Councils project (2019-2021), a collaboration between WALGA, DWER, and the Department of Fire and Emergency Services; DLGSC, and the Local Government Insurance Service. The Program responds to the Climate Resilient Councils project’s finding that while some of the larger Local Governments are progressing well in responding to climate change, most small regional Local Governments have made less progress.

Common barriers to the implementation of climate change planning and actions within Local Government include lack of resources, expertise, and competing priorities. Regional alliance models established in South Australia and Victoria have been found to be an effective way to overcome some of these barriers. These alliances have also demonstrated that jointly addressing climate change can result in positive environmental outcomes and reduction in current and future operating or capital costs. Since 2001, the state of Victoria has established nine Local Government climate alliances (Victorian Greenhouse Alliances) that cover 79 Local Government areas.

State Government supporting the Regional Climate Alliance Program

In November 2020, the State Government released the Western Australian Climate Policy outlining themes and initiatives to support a low carbon and climate resilient future. The policy recognises that Local Governments are at the forefront of dealing with climate risks and that there is value in working in partnership with the sector to ensure our communities are safe and our regions are resilient. This Program is a key initiative under the ‘Resilient cities and region’s’ policy theme.

Regional Climate Alliance Program-Application Guidelines Page 2 191

Objectives of the Regional Climate Alliance Program

1. Establish Regional Climate Alliances that can successfully develop and implement projects that are currently beyond the reach of individual Local Governments and that demonstrate a reduction in climate change risks and greenhouse gas emissions from community, business or Local Government activities;

2. Support Local Governments within the Alliances to build their capacity, beyond the life of the Program, to respond to climate change, and accelerate their adaptation and mitigation responses;

3. Provide opportunities for the Alliances to share capacity building resources between Alliances and the Local Government sector more broadly; and

4. Assess the efficacy of the Regional Climate Alliance model in WA and provide recommendations to DWER, DLGSC and WALGA on whether to expand the program and improve climate adaptation and mitigation action planning and implementation at the regional level, and any recommended improvements to the model.

Image: Kulin (Source: WALGA)

Regional Climate Alliance Program-Application Guidelines Page 3 192

COST SAVINGS through: Benefits of the  Harnessing efficiencies and economies of scale to reduce Regional Climate operating or capital costs Alliance Model across local governments  Allowing councils to participate in projects that they would not EXPERIMENTATION be able to individually AND INNOVATION through: Providing opportunities for trialling new projects that CAPACITY BUILDING would not be undertaken AND KNOWLEDGE EMISSIONS by an individual Local Government. SHARING through: REDUCTION  Providing a forum to build through: networks and share information and knowledge-creating a Participation in climate “brains trust” mitigation projects  Resource and document sharing ADVOCACY

 Find out about what other Local through: Governments are doing  Clear communication of The Alliance providing initiatives within and beyond consistent messaging across Local Governments. Local Governments and an opportunity for Local DRIVING CLIMATE Governments to participate in PROGRESS through: advocacy on a range of issues. The Alliance Coordinator who acts as a catalyst for action through encouraging interactions, coordinating work and identifying opportunities to strengthen climate action. ACCESS TO TIME SAVING AND TECHNICAL AVOIDING DUPLICATION EXPERTISE through: through: REGIONAL  Identifying lessons from other ProvidingAPPROACH an opportunity TO for initiatives-what worked and what Local Government staff to didn’t ask questionsCLIMATE and CHANGE build their  Save staff time in preparing own understandingPLANNING of climate materials change and energy through  Allow resources to be built on and the Alliance Coordinator. improved  ‘Sharing the wheel rather than reinventing it’  Reduce duplication by collaborating

EAGA Impact Evaluation Report Adapted from (2021)

Regional Climate Alliance Program-Application Guidelines Page 4 193

Regional Climate Alliance Program-Application Guidelines Page 5 194 Image: Salt Lake, Lake Grace (Source: WALGA)

Program overview

Purpose of the Program

The Regional Climate Alliance Program is supporting the State Government’s Western Australian Climate Policy action to build resilient cities and regions in WA. The purpose of the Program is to support non-metropolitan Local Governments to work together in regional partnerships to address climate adaptation and mitigation issues. The program will provide interested Local Governments with an opportunity to work with other Local Governments, whilst receiving funding and support from WALGA. Establishing alliances will support climate action in small Local Governments that are resource constrained, lack expertise and have competing priorities.

Program Funding

The Program will provide $420,000 in funding for the Regional Climate Alliances between the 2021-23 financial years. Funding will be provided to employ two Regional Climate Alliance Coordinators and to deliver adaptation and mitigation projects on the ground. All amounts listed below are excluding GST.

Item 2021-22 2022-23 Total Funding

Regional Climate $55,000 per $55,000 per $220,000 Alliance Coordinator Alliance Alliance Position $110,000 total $110,000 total

Project Funding Up to $100,000 Up to $100,000 $200,000

(Subject to project funding applications)

Figure 1: The Regional Climate Alliance Program funding distribution.

Regional Climate Alliance Program-Application Guidelines Page 6 195

Regional Climate Alliance Coordinator Position

Once established, each Regional Climate Alliance will have access to $55,000 (exc GST) for the 2021-22 and 2022-23 financial years to fund the employment of a Regional Climate Alliance Coordinator Position.

Responsibilities

The Regional Climate Alliance Coordinator will be responsible for the following activities:

 Coordinating an initial Strategic Planning workshop with Local Government representatives within the Alliance to identify objectives, values and areas of mutual interest.  Facilitating committees that support decision-making within the Regional Climate Alliance;  Facilitating action planning (adaptation or mitigation) for the Regional Climate Alliance or Local Governments within the Regional Climate Alliance to support applications for Project Funding under this program;  Preparing and submitting applications for Project Funding under this program, and where possible, from other funding programs and initiatives;  Ensuring project funding is managed appropriately to deliver the outcomes of both the Program and the approved Project(s);  Ensuring that appropriate financial records are maintained to support WALGA’s Program Progress Reports;  Providing input to a Program Evaluation undertaken by DWER, DLGSC, and WALGA on conclusion of the Program (mid 2023);  Supporting the Regional Climate Alliances with the delivery of climate change responses and projects; and  Providing briefings and promote knowledge sharing and awareness-raising within the Regional Climate Alliance, and with other Regional Climate Alliances.

Recruitment and management of the Coordinators will be the responsibility of the Local Governments within the Alliances. WALGA is available to be part of the selection panel when recruiting the Coordinators and a position description will be made available with the Resources on the WALGA website.

Regional Climate Alliance Project Funding

The Regional Climate Alliances established under this Program will have access to up to $100,000 (exc GST) for climate adaptation and mitigation projects in the 2021-22 and 2022-23 financial years. The annual project funding budget will be shared between alliances and distributed based on project funding applications. This approach will ensure proposed projects are collaborative, achieve mitigation or adaptation outcomes and are consistent with the Program’s objectives.

Project funding applications will be assessed by a Committee represented by WALGA, DWER and DLGSC. Project application guidelines and an application form will be provided following the establishment of the Regional Climate Alliances.

Regional Climate Alliance Program-Application Guidelines Page 7 196

Eligibility Criteria

To be eligible for the Program, applications must meet the following criteria:

1. Local Governments outside of the Perth and Peel regions are eligible to apply (see list below). Local Governments inside Perth and Peel regions are not eligible.

2. Applicants must provide evidence that all Local Governments within the application have formally agreed to participate through a Council decision, for the 2 year period of the Program.

3. A minimum of three Local Governments are required to form an alliance as part of the Program.

All Western Australian Local Governments outside the Perth Metropolitan and Peel Regions are eligible to apply. These Local Governments are:

 City of Albany  Shire of Derby-West Kimberley  Shire of Ashburton  Shire of Donnybrook-Balingup  Shire of Augusta Margaret River  Shire of Dowerin  Shire of Beverley  Shire of Dumbleyung  Shire of Boyup Brook  Shire of Dundas  Shire of Bridgetown-Greenbushes  Shire of East Pilbara  Shire of Brookton  Shire of Esperance  Shire of Broome  Shire of Exmouth  Shire of Broomehill-Tambellup  Shire of Gingin  Shire of Bruce Rock  Shire of Gnowangerup  City of Bunbury  Shire of Goomalling  City of Busselton  City of Greater Geraldton  Shire of Capel  Shire of Halls Creek  Shire of Carnamah  Shire of Harvey  Shire of Carnarvon  Shire of Irwin  Shire of Chapman Valley  Shire of Jerramungup  Shire of Chittering  City of Kalgoorlie-Boulder  Shire of Collie  City of Karratha  Shire of Coolgardie  Shire of Katanning  Shire of Coorow  Shire of Kellerberrin  Shire of Corrigin  Shire of Kent  Shire of Cranbrook  Shire of Kojonup  Shire of Cuballing  Shire of Kondinin  Shire of Cue  Shire of Koorda  Shire of Cunderdin  Shire of Kulin  Shire of Dalwallinu  Shire of Lake Grace  Shire of Dandaragan  Shire of Laverton  Shire of Dardanup  Shire of Leonora  Shire of Denmark  Shire of Manjimup  Shire of Meekatharra

Regional Climate Alliance Program-Application Guidelines Page 8 197

 Shire of Menzies  Shire of Shark Bay  Shire of Merredin  Shire of Tammin  Shire of Mingenew  Shire of Three Springs  Shire of Moora  Shire of Toodyay  Shire of Morawa  Shire of Trayning  Shire of Mount Magnet  Shire of Upper Gascoyne  Shire of Mount Marshall  Shire of Victoria Plains  Shire of Mukinbudin  Shire of Wagin  Shire of Murchison  Shire of Wandering  Shire of Nannup  Shire of West Arthur  Shire of Narembeen  Shire of Westonia  Shire of Narrogin  Shire of Wickepin  Shire of Ngaanyatjarraku  Shire of Williams  Shire of Northam  Shire of Wiluna  Shire of Northampton  Shire of Wongan-Ballidu  Shire of Nungarin  Shire of Woodanilling  Shire of Perenjori  Shire of Wyalkatchem  Shire of Pingelly  Shire of Wyndham-East  Shire of Plantagenet Kimberley  Town of Port Hedland  Shire of Yalgoo  Shire of Quairading  Shire of Yilgarn  Shire of Ravensthorpe  Shire of York  Shire of Sandstone

Regional Climate Alliance Program-Application Guidelines Page 9 198

Program Timeframes

Image: Denmark Road (Source: WALGA)

Regional Climate Alliance Program-Application Guidelines Page 10 199

How to apply

Applications must be submitted by the following closing date and time:

11:59pm on Monday, 21 June 2021

Applicants must:

 Answer all questions in the application form  Provide evidence of Council and CEO endorsement from all participating Councils in the application at the time of submission.

Advice and guidance

WALGA is administering the Regional Climate Alliance Program. It can provide information on these guidelines and further information on any topics outlined in the Climate Alliance Guidance document.

Regional Climate Alliance Program-Application Guidelines Page 11 200

Assessment

Assessment Criteria

The table below outlines the criteria that will be used by the Committee to assess applications.

Criteria Value Description

Strategy and 40%  Identified how participation in the Program will help Governance to address climate change;  Identified shared priorities or projects that reduce greenhouse gas emissions and/or improve climate change resilience; and  Evidence of strategic thinking on how the alliance will be governed

Viability 30%  Contributions (in-kind or financial) from Local Governments to maximise the success of the Alliance (e.g. resourcing, facilities, direct investment);  Consideration of how contributions will be shared between Local Governments; and  Demonstrated consideration and understanding of how the Coordinator position will function and be resourced to deliver positive outcomes for the Alliance and more broadly

Partnership and 20%  Demonstrated ability to collaborate effectively with collaboration other Local Governments to achieve beneficial social, environmental or economic outcomes

Engagement 10%  Consideration of how the community, local businesses and other stakeholders will be informed and engaged to enhance climate change responses

The Application and Assessment Process

1. Check your eligibility 2. Attend a Regional Climate Alliance Program Information Session (optional) 3. Organise a workshop/meeting with Local Governments in your area to determine if you should form an Alliance. 4. Get Council and CEO approval 5. Submit an Expression of Interest application via email

Regional Climate Alliance Program-Application Guidelines Page 12 201

Notification of assessment outcome

All applicants will be notified by email and letter of the assessment outcome.

Key dates

Milestone Date due Expression of interest application open 10 May 2021

Information session May/June 2021

 Eligible Local Governments invited to attend an information session Applications close 21 June 2021

Successful applicants notified 30 June 2021

 Local Governments formally advised of outcome of EOI  Letter of Offer, Funding Agreement and Purchase Order provided to successful applicants

Agreement between the Alliance and WALGA 21 July 2021

 Signed agreement outlining scope and conditions of program funding and management Recruitment for Regional Climate Coordinator 31 August 2021 Position finalised

 Provision of funding for Coordinator roles Strategic Planning undertaken 31 August – 30 December 2021  The Alliances undertake adaptation and mitigation planning

Project funding applications open 11 January 2022

It is understood that recruitment for the Regional Climate Coordinator position may take longer than the deadline indicated above and there may be some flexibility, as required.

Regional Climate Alliance Program-Application Guidelines Page 13 202

Requirements for successful recipients

Program launch and promotion

WALGA, DWER and DLGSC must be:

 Invited to attend any formal launch events  Advised 4 weeks prior to any formal events  Acknowledged for their contribution in all communication and media for the project.

Alliance Funding Agreement with WALGA

Successful Alliances will be required to sign an Agreement with WALGA which will outline objectives, obligations of each party and conditions of funding. An agreement template will be provided by WALGA.

Project management

WALGA will ask each Local Government to nominate a representative to the Regional Climate Alliance Program.

The appointment of a representative demonstrates a commitment by the Local Governments to participate in the Alliance and will be the point of contact for WALGA during the Program. Multiple representatives may be selected by each Local Government to participate in the Working Groups and/Committees, as part of the Alliance, depending on the governance structure decided upon.

Payment of funding

WALGA will make payments for Coordinators and successful Projects at specified milestones. Payment details will be outlined in the Funding Agreement provided to the Alliances by WALGA.

A final Program Report and financial statement of expenditure is required within 1 month of completion of the Program.

Any unspent funds must be returned to WALGA.

Regional Climate Alliance Program-Application Guidelines Page 14 203

Progress reporting

Successful applicants will be required to submit a Program Progress report at least every 3 months. A project report template will be provided by WALGA during the project delivery period and will address the following:

 Achievements against objectives outlined in the Program application;  Brief summary of program progress (key decisions made, challenges and learnings, progress towards Alliance specific objectives);  Outline of project expenditure and status of key milestones, including any delivery risks; and  A brief summary of how stakeholders outside of Local Government have been engaged in the design, planning and delivery of the program or projects.

The recipient is responsible for alerting WALGA of any issues or risks to completion of the project at the first available opportunity.

Program Progress reports due

Deadline

13 September 2021

13 December 2021

14 March 2021

13 June 2022

19 September 2022

12 December 2022

13 March 2023

12 June 2023 (Final Report)

Program completion and evaluation

To align with DWER’s delivery timeframe for this initiative, funding will only be available to established Alliances between 2021/22 and 2022/23 financial years.

At the conclusion of the Program:

 WALGA will continue to be available to provide support to the Alliances in the form of advice.

Regional Climate Alliance Program-Application Guidelines Page 15 204

 Alliances will be asked to provide input to an evaluation report developed by DWER, DLSGC and WALGA. The report will identify learnings from the Program and make recommendations on how the model could be improved.

Legislative and Regulatory Requirements

In delivering the activities as part of the grant, recipients are required to comply with all relevant Commonwealth, state/territory legislations and regulations, and Local Laws relevant to the site(s).

Tax Implications

Applicants should consult the Australian Tax Office or seek professional advice on any taxation implications that may arise from this grant funding.

Acknowledging the State Government and WALGA’s support

Local Governments and the Alliances should acknowledge and include the Department of Water and Environmental Regulation’s and WALGA’s logo in all promotional material and media related to the Regional Climate Alliance Program. Reference to the Program supporting the delivery of the State Government’s Western Australian Climate Policy (2020) should also be included.

Co-branded promotional material is to be provided to DWER and WALGA for approval prior to publication.

Department of Water and Environmental Regulation

For additional information on associated publications or promotional material, please contact [email protected].

Western Australian Local Government Association

For additional information on logo requirements, please contact [email protected]

Insurance requirements

Local Governments applying for funding via this program must have minimum public liability insurance cover of $20 million.

We recommend that applicant organisations have personal accident and professional indemnity insurance, however this is not a condition of funding.

Regional Climate Alliance Program-Application Guidelines Page 16 205

Disclaimer

Submission of application does not guarantee funding. The costs of preparing an application are borne by the applicant. Privacy policy

WALGA will collect and store the information you provide to enable processing of your expression of interest application.

Any information provided by you will be stored on a database that will only be accessed by authorised personnel and is subject to privacy restrictions. The information will only be used for the purposed for which it was collected.

References

First Person Consulting 2021, Evaluation of EAGA’s Impact, Eastern Alliance for Greenhouse Action, Melbourne,

Department of Water and Environmental Regulation 2020, Western Australian Climate Policy, Government of Western Australia, Perth,

Regional Climate Alliance Program-Application Guidelines Page 17 206

Regional Climate Alliance Program-Application Guidelines Page 18 207 Image: Lake Nallan, Shire of Cue (Source: WALGA) SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 9 JUNE 2021

11.2 Sustainable Development and Infrastructure

11.2.7 REVIEW OF THE DEVELOPMENT ASSESSMENT UNIT PROCESS

Attachment 1 – Development Assessment Reporting Procedure (formerly DAU)

208

DEVELOPMENT ASSESSMENT REPORTING PROCEDURE (FORMERLY DAU)

May 2021

Objectives The purpose of this procedure is to: 1. The process of considering development applications is relevant to the significance of a proposal. 2. The process of reporting on development applications is clear, consistent and transparent. 3. The circumstances under which delegation is exercised and when a development application is considered by Council is clear and universally understood. Definition “Affected” – adjoining owners and occupiers, who in the opinion of the decision maker are likely to be affected by the development proposal, or alternatively where a person or special interest group is otherwise likely to be directly influenced by a development proposal. Assessment of Development Applications (DAs) For the purposes of this procedure there are three types of development applications. They are: Level 1 DA not advertised. Level 2 DA is advertised; and • No submissions; or • Submission received but meets one of the following: o Not related to the reason the DA was advertised. o The development is modified to comply or to remove the element of concern to the submitter. o Submission is either of support, conditional support or is ‘indifferent’; or is from a non-affected person.

Level 3 A submission in opposition is received from an ‘affected’ person or special interest group in relation to the reason the DA is advertised or the development application is recommended for refusal. Note: This procedure applies to development applications only. It does not apply to structure plans, scheme amendments or other types of planning proposals.

DEVELOPMENT ASSESSMENT REPORTING PROCEDURE (FORMERLY DAU)

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov209.au

Development Assessment Report • A list of all Level 1 and 2 decisions will be provided in a report to be provided to Councillors. • The report will contain the detailed assessment undertaken for all Level 3 applications. • The report shall be provided to Councillors by COB Friday of each week, or where public holidays prevent this, on the last day of the working week. • Questions on any application included in a report on a Level 3 development application can be raised by Councillors and should be directed to the CEO or Director Sustainable Development and Infrastructure. • Further discussion can occur at a regular briefing (Wednesday of the following week) to determine whether a Level 3 application should be presented to formal Council meeting or alternatively, determined under delegation. • In order to maintain the integrity of the deliberative decision-making process, recommendations pertaining to Level 3 development applications will not be made public until after a final decision is made. Calling in a DA for determination at Council Meeting Following the list of delegation decisions and Development Assessment Reports for all Level 3 development applications being presented to Council, the CEO or Director Sustainable Development and Infrastructure will consider any requests for an item to come before a formal meeting of Council. Requests can be made directly to the CEO or Director Sustainable Development and Infrastructure. A call in request must be made by 12pm (midday) on the Wednesday following the Development Assessment Report of the previous week. The presentation of an item to a formal meeting of Council will be undertaken in the following circumstances: • Where further discussion with planning staff has not removed Councillor concerns or uncertainty; and • The matter is one of strategic importance to the Shire as a whole; or • The report contains a perceived factual error; or • In circumstances where a Councillor reasonably believes that a decision made under delegation would be outside the scope of the delegation or contrary to the conditions of delegation.

If one or more Councillors request that an application be determined by Council and if confirmation is provided that the decision meets with any of the circumstances listed above, a report will be prepared for Council’s consideration as soon as is possible.

Related Procedures

Responsible Directorate

Prepared by

Approved by Director/CEO

Last Reviewed Date: Day Month Year

DEVELOPMENT ASSESSMENT REPORTING PROCEDURE (FORMERLY DAU)

Shire of Augusta Margaret River 41 Wallcliffe Road, Margaret River 6285 | T (08) 9780 5255 | F (08) 9757 2512 | amrshire.wa.gov210.au