Dalyellup East Structure Plan

(Amendment 28)

December 2019

PREPARED BY

This structure plan is prepared under the provisions of the Shire of Capel District Town Planning Scheme No. 7

IT IS CERTIFIED THAT THIS STRUCTURE PLAN WAS APPROVED BY RESOLUTION OF THE WESTERN AUSTRALIAN PLANNING COMMISSION ON:

19 OCTOBER 2015

In accordance with Schedule 2, Part 4, Clause 28 (2) and refer to Part 1, 2. (b) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Date of Expiry: 19 OCTOBER 2025

DISCLAIMER:

This document has been undertaken solely for Piara Landholdings (the client). It is assumed that all information and documents relied upon to compile this document are complete, accurate and up-to- date. Where LB Planning has obtained information from a government register or database, it assumes the information is accurate. No responsibility is accepted to any third party who may come into possession of this document in whatever manner and who may use or rely on the whole or any part of this document. Although care has been taken on the compilation of this document, LB Planning disclaims any responsibility for any errors or omissions. The right is reserved to change this document at any time. The information contained in this document has been compiled in good faith and liability is expressly disclaimed by LB Planning for any loss or damage which may be sustained by any persons and/or entity acting on this document.

COPYRIGHT:

The concepts and information contained in this document are the property of LB Planning. Use or copying of this document in whole or in part without the written permission of LB Planning constitutes an infringement of copyright.

Amendment Table

Amendment No. Summary of the Amendment Amendment type Date approved by Commission

Amendment 28 Reduce the area of POS 1 and Minor 06 January 2021 increase the size of the identified ‘Residential – 0ver 55s’ development cell by extending to the north and including an additional land use being ‘Residential – Aged Care’ within the western portion of the cell and remove rear laneways from selected R40 residential cells to the south and consolidate into single residential R30 cells.

Structure Plan Amendment – Dalyellup East Page | iii

EXECUTIVE SUMMARY

The proposed amendment to the current endorsed Dalyellup East Local Structure Plan (the Structure Plan) specifically relates to the area contained in Lot 101, located in the northern portion of the structure plan area, on the eastern side of Parade Road. The land is owned by Piara Landholdings and amendment to the structure plan is primarily sought to introduce an aged care land use component to the existing over 55s development cell and modify the current R40 residential development cells to the south, by removing or reconfiguring the laneways and consolidating into single R30 residential development cells instead.

In order to achieve this, a slight reduction to the size of POS Area 1 is proposed and modification to the relevant road network, whereby all current identified laneways will be removed except for Flint Lane in the very southern development cell, whereby minor reconfiguration is proposed thus allowing extension from the east, in order to provide rear laneway vehicle access to the lots fronting Ferndale Avenue, Pyrite Way and Parade Road. It is also proposed to remove the road along the eastern and northern boundary of the Over 55s and Aged Care site and its associated intersection to Parade Road.

The proposed modifications are supported by a detailed drainage modelling review and analysis undertaken by JDA in the form of an approved Urban Water Management Plan (UWMP) and a Traffic Impact Assessment (TIA) prepared by Shawmac Traffic Engineers. Due to the northern portion of Lot 101 being identified as “bushfire prone”, an updated Bushfire Management Plan (BMP) has also been prepared. Copies of the approved UWMP, TIA and updated BMP are contained in the appendices section of this report.

Overall, the proposed changes to the Structure Plan will provide increased aged care services and housing alternatives for the older demographic, consolidated R30 residential development cells and updated bushfire management requirements for future residential development.

The Structure Plan Area comprises approximately 238 hectares and is located immediately east of the Dalyellup Beach Estate Structure Plan Area, within the Shire of Capel. The original Dalyellup East Local Structure Plan Report was prepared by an appointed consultant project team, in conjunction with the Shire of Capel and endorsed by the WAPC in 2006.

This proposed amendment to the Structure Plan does not require review of any previous technical reports, except for Water Management, Traffic, and Bushfire Management. Accordingly, updated reports for each of these assessments has been prepared and are appended at the rear of this document. All other technical information remains as per information contained in previous endorsed Structure Plan Reports.

The Structure Plan itself outlines the planned urban layout for the site and identifies specific land use, residential density codes and other development provisions to guide and control future planning and design. The subject land is zoned ‘Urban Development’ zone pursuant to the Shire of Capel District Town Planning Scheme No. 7 and is also included in ‘Development Precinct No. 1’ whereby special provisions regarding subdivision and development of the land are contained within Appendix 16 of the Scheme text. The proposed amendment to the Structure Plan only focuses on the northern portion of the Structure Plan Area and is considered ‘minor’ due to the inclusion of an existing land use on the Structure Plan (i.e. aged care) adjacent to the identified over 55s land use, a slight reduction in size to POS Area 1 and minor changes to the internal road layout within Lot 101.

The proposal reinforces the principles of the original endorsed Structure Plan, including function of the Five Mile Brook Overland Flood Route and the supply and delivery of alternative housing options for the community’s overall demographic.

Structure Plan Amendment – Dalyellup East Page | iv

EXECUTIVE SUMMARY TABLE

Item Data Total area covered by the Structure Plan 238.5453 hectares Area of each existing/proposed land use:

- Residential 96.0600 hectares

- Primary School 3.4857 hectares

- High School 10.2480 hectares

- Private School 10.2382 hectares

- District Centre 15.6453 hectares

- Non Residential 26.5915 hectares

- Public Open Space/Drainage 24.3059 hectares

Estimated Dwellings/Beds (excludes District Centre) 2373 dwellings Estimated population 5584 people Public Open Space/Drainage

POS 1 1.6752 hectares POS 2 0.7079 hectares POS 3 4.7582 hectares POS 4 1.2300 hectares POS 5 2.3230 hectares POS 6 2.2400 hectares POS 7 0.0270 hectares POS 8 0.7168 hectares POS 9 1.8330 hectares POS 10 2.3765 hectares POS11 2.0677 hectares POS12 0.4916 hectares POS13 0.9171 hectares POS14 1.2189 hectares POS15 0.2015 hectares POS16 1.2048 hectares POS17 0.3077 hectares

Total 24.3059 hectares

Gross Subdivisible Area (minus deductions) 165.6726 hectares 10% Requirement 16.5672 hectares POS Provided (excluding drainage areas) 17.0217 hectares POS % Provided (excluding drainage areas) 10.27%

Note: The above calculations are approximate only and subject to detailed subdivision design and survey.

Structure Plan Amendment – Dalyellup East Page | v

Table of Contents

PART ONE - IMPLEMENTATION SECTION 1 STRUCTURE PLAN AREA ...... 1 2 STRUCTURE PLAN CONTENT ...... 1 3 OPERATION ...... 1 4 STAGING ...... 1 PART TWO - EXPLANATORY SECTION 1 PLANNING BACKGROUND ...... 2 1.1 INTRODUCTION AND PURPOSE ...... 2 2 LAND DESCRIPTION ...... 2 2.1 LAND PARTICULARS ...... 2 2.2 LOCATION ...... 3 2.3 LAND USE ...... 3 2.4 DISTRICT AND LOCAL CONTEXT ...... 3 3 PLANNING FRAMEWORK ...... 4 3.1 SHIRE OF CAPEL DISTRICT TOWN PLANNING SCHEME NO 7 ...... 4 3.2 GREATER BUNBURY REGION SCHEME ...... 15 3.3 STRATEGIC FRAMEWORK & STATE PLANNING POLICY ...... 15 3.3.1 The Bunbury Region Plan (Western Australian Planning Commission, 1987) ...... 15 3.3.2 Usher, Gelorup and Dalyellup District Structure Plan (Department for Planning and Urban Development, 1992) ...... 16 3.3.3 Greater Bunbury Structure Plan Bunbury Wellington Region Plan (State Government , 1995) ...... 16 3.3.4 State Planning Strategy (Western Australian Planning Commission, 1997) ...... 16 3.3.5 Statement of Planning Policy (Western Australian Planning Commission) ...... 17 3.3.6 State Sustainability Strategy (Government of Western Australia, 2003) ...... 17 3.3.7 Liveable Neighbourhoods (Western Australian Planning Commission, 2009) ...... 18 3.3.8 Greater Bunbury Strategy (Western Australian Planning Commission, 2013) ...... 18 3.4 EXISTING DALYELLUP LOCAL STRUCTURE PLANS ...... 18 4 ENVIRONMENT, HERITAGE & BUSHFIRE ...... 20 4.1 ENVIRONMENTAL ASSESSMENT ...... 20 4.2 ABORIGINAL HERITAGE ...... 20 4.3 BUSHFIRE HAZARD ...... 20 4.4 ACID SULFATE SOILS ...... 20 5 PROPOSED STRUCTURE PLAN AMENDMENT ...... 22 5.1 THE PROPOSAL ...... 22 5.2 RESIDENTIAL – AGED CARE LAND USE ...... 22 5.3 TRAFFIC MOVEMENT ...... 23

Structure Plan Amendment – Dalyellup East Page | vi

5.4 RESIDENTIAL DENSITY ...... 23 5.5 LANDSCAPE AND PUBLIC OPEN SPACE ...... 23 6 INFRASTRUCTURE SERVICES ...... 26 6.1 STORMWATER and URBAN WATER MANAGEMENT ...... 26 6.2 WATER SUPPLY and SEWERAGE ...... 26 6.3 OTHER SERVICES ...... 26 7 CONCLUSION ...... 27

LIST OF PLANS

Plan 1 – Amended Structure Plan Plan 2 – Site Plan Plan 3 – District Context Plan Plan 4 – Local Context Plan Plan 5 – Modified Structure Plan Area Plan 6 – POS & Drainage Area Plan

APPENDICES

Appendix 1: Endorsed Structure Plan Appendix 2: Bushfire Management Plan Appendix 3: Urban Water Management Plan Appendix 4: Transport Impact Assessment Appendix 5: Dalyellup Lifestyle Village Development Concept

Structure Plan Amendment – Dalyellup East Page | vii

PART ONE IMPLEMENTATION

Structure Plan Amendment – Dalyellup East

1 STRUCTURE PLAN AREA

The Structure Plan applies to the area known as Dalyellup East which comprises multiple landholdings and is approximately 75% developed. The Structure Plan Area is the land contained within the inner edge of the broken black line shown on the Structure Plan Map (Refer Plan 1). The proposed amendment to the Structure Plan specifically relates to the northern portion of the Structure Plan Area, being Lot 101. The land is owned by Piara Landholdings and is known as Forest Edge Estate.

In summary, the proposed amendment to the Structure Plan is primarily based on introducing an aged care land use component to the existing over 55s development cell, modifying the current R40 residential development cells to the south, by consolidating into single R30 residential development cells and associated modification to relevant internal road network.

No modification to the current land use and implementation notes which form part of the Structure Plan, as set out in Addendum 1, is proposed. Further detail to outline and explain particular elements of the proposed amendment to the Structure Plan is contained in Part Two of this report.

2 STRUCTURE PLAN CONTENT

This Structure Plan report comprises two parts being:

➢ Part One (Implementation) – This section contains the Amended Structure Plan Map including detailed land use and implementation notes which form part of the Structure Plan set out in Addendum 1. These provisions specifically relate to land contained within the Structure Plan area to guide the subdivision and development assessment process requirements to be applied when assessing subdivision and development applications within the Structure Plan Area.

➢ Part Two (Explanatory Section) – This section provides an explanation regarding the proposed amendment to the Structure Plan and also includes general details in relation to planning background, site details, planning framework, constraints, land use and servicing. Part Two is a reference guide only in order to interpret and justify the implementation of Part One and it incorporates an appendices section with updated technical reports, as required. 3 OPERATION This Structure Plan commences operation on the date it is approved by the WAPC and is valid for a period of ten years from such time. Due regard to its intent shall be given when considering future subdivision and development of the land. 4 STAGING

It is expected that staged residential development will progress within Lot 101, concurrent with the future development of the proposed Lifestyle Village and Aged Care Facility, within 6 months of obtaining the necessary approvals.

Structure Plan Amendment – Dalyellup East Page | 1

PROPOSED PRESTON ENVIRONMENT CORRIDOR TO OCEAN

1

9 WP

PROPOSED REGIONAL PARK (TUART FOREST) 8

D

A

O

R

2 SUBDIVISION OF THE LAND IN CONJUNCTION WITH LAND ADJOINING TO THE EAST WILLL BE SUPPORT SUBJECT TO ACCEPTABLE ALTERNATIVE ARRANGEMENTS BEING 10 PROVIDED TO ACCOMODATE STORMWATER DISPOSAL CURRENTLY DIRECTED TO LOT 6066. INTERSECTION TO BE IN ACCORDANCE WITH AGREED LE AVENUE FERNDA TREATMENT BY MRWA

PS Y

A P

3 P

A W

H

G I

MU H RT IN

E

D 16 A RO R S A E D A V P E E R

11

PARAGON LOOP INTERSECTION TO BE SIGNALISED IN ACCORDANCE WITH AGREED TREATMENT BY MRWA

DALYELLUP E LEGEND D BEACH A N E ESTATE M STRUCTURE PLAN BOUNDARY O R P POSSIBLE ROAD WIDENING -

POSSIBLE FUTURE TRANSPORT CORRIDOR 12 INTERSECTION TO BE 15 SIGNALISED IN ACCORDANCE RECOMMENDED 50m BUFFER TO WITH AGREED TREATEMTN EPP WETLAND BY MRWA NO RTON DISTRICT DISTRIBUTOR

NEIGHBOURHOOD CONNECTOR

LAND SUBJECT TO PROVISIONS FOR LAND USE, SUBDIVISION AND DEVELOPMENT WITH IN THE DISTRICT CENTRE OUTLINE L DEVELOPMENT PLAN AREA. S L

13 E S RESERVES S

E

V I U

R PUBLIC OPEN SPACE

D B

DRAINAGE

14 CONSERVATION

2 . 8 PUBLIC PURPOSES - COMMUNITY FACILITY DENOTED AS FOLLOWS: WP WESTERN POWER E K A W THE EXTENT, THE DESIGN AND THE NEED PUBLIC PURPOSES - EDUCATION/INSTITUTIONAL HS FOR LANDSCAPED BUFFER STRIPS DENOTED AS FOLLOWS: ADJACENT TO BUSSELL HIGHWAY TO BE S PRIVATE SCHOOL DETERMINED AT THE DETAILED PS PRIMARY SCHOOL SUBDIVISION STAGE. HS HIGH SCHOOL

INTERSECTION TO BE SIGNALISED ZONES IN ACCORDANCE WITH AGREED POSSIBLE COMMUNITY SITE OR TREATMENT BY MRWA POS & DRAINAGE RESIDENTIAL - R20

RESIDENTIAL - R30

RESIDENTIAL - R40

RESIDENTIAL - AGED CARE

RESIDENTIAL - OVER 55's B RO RIDING FOR THE DISABLED ASSOCIATION OK

OTHER

COMMUNITY PURPOSES SITE

MUNICIPAL PURPOSES SITE E L I M PROPOSED ROUNDABOUT TREATMENT

NOTES

1. FOR ADDITIONAL NOTES SEE: ADDENDUM 1 - LAND USE AND IMPLEMENTATION NOTES Dalyellup District Centre ODP Area: 2. STRUCTURE PLAN DISCLAIMER: THIS STRUCTURE PLAN PROVIDES Land use, subdivision and development within FRAMEWORK FOR MORE DETAILED PLANNING TO OCCUR AT THE this area shall be in accordance with the provisions SUBDIVISION AND DEVELOPMENT STAGE. THIS STRUCTURE PLAN IS of the Dalyellup District Centre Outline Development TO BE READ IN CONJUNCTION WITH THE ACCOMPANYING REPORT. Plan and any subsequently adopted related Detailed Area Plans.

PLAN 1 N

0 100 200 300 400 CLIENT : Piara Landholdings DALYELLUP EAST metres SCALE : 1:10,000@A3 DATE : 11 December 2020 LOCAL STRUCTURE PLAN NOTES PLAN No : FE-SP-04L.dgn Base data supplied by CALIBRE / TME Projection MGA94 zone 50 REVISION : L Areas and dimensions shown are subject to final survey calculations. PLANNER : SLB All carriageways are shown for illustrative purposes only and are subject to detailed engineering design. DRAWN : BL The concepts presented in this plan are based on the original design prepared by CALIBRE / TME dated 22/10/14.

Dalyellup East Local Structure Plan: Addendum 1 – Land Use and Implementation Notes

1) Upon land nominated within any Residential Density Code it is anticipated land use will be approved in a manner consistent with the uses permitted in the Residential Zone and development will be subject to the applicable R Code requirements as contained within the Residential Design Codes of Western Australia.

2) Within the land nominated as District Centre and/or Mixed Use Precinct, the endorsed Outline Development Plan specifies anticipated land uses and indicates appropriate development standards.

3) Notwithstanding any other provisions of the Scheme or the Shire of Capel Signs Hoardings and Bill Postings Local Laws Council may approve a comprehensive system of signs designed for the estate for the purposes of: • Advertising the sale of property. • Informing the public of proposed uses for the development intended for particular sites. • To provide direction to services and facilities. • Interpret natural features of the site. Once a comprehensive system of signage is approved all signage shall conform to design guidelines and finishes set out therein.

5) Design plans setting out finishes of proposed open space areas shall be submitted together with an explanation of the placement of the area of development within the overall public open space development distribution and maintenance strategy. • Stages of earthworks and levels will be related to an overall levels and drainage strategy for the estate to be confirmed with the Shire prior to commencement of works. • An overall approval to earthworks is not to be construed as any form of subdivision approval that must be obtained from the WAPC.

6) Subdivision shall be generally in accordance with the endorsed Dalyellup East Local Structure Plan.

7) An Urban Water Management Plan to integrate approval of the use of water within public open space development shall be prepared to the satisfaction of the Shire of Capel prior to the development of additional areas of public open space.

8) Development of open space on Lot 664 will be considered in conjunction with drainage needs, future needs of The Riding for the Disabled (RDA) and provision of useable passive recreation space for residents. Use of Public Open Space adjacent to the RDA land for horse agistment and the development of fringing areas of the reserve currently occupied by the Bunbury Horse and Pony Club for passive recreation (by future residents) shall be considered as an integrated plan to the satisfaction of Council.

9) Corner lots having an area of 600m² or larger may be developed to R30 density coding standards in accordance with the Residential Design Codes of Western Australia.

10) The importance and continued use of the Riding for the Disabled site (and its associated activities) is both recognised and supported by the Shire of Capel. Council shall facilitate the continued use of the land which is considered to be of Regional community importance.

11) A strategy to determine the future treatment, funding and timing of intersections with Bussell Highway to be prepared by subdividing land owners and agreed to by the Shire of Capel and WAPC in accordance with the requirements of schedule 16 of the Town Planning Scheme No. 7.

12) The areas of POS and drainage shown on the Structure Plan indicate the desired location and areas but these shall be reviewed at each stage of subdivision application and the following minimum standards shall be met: i) A minimum area of 0.5ha shall be provided within each area of POS with minimum dimensions of 50m length and width and at a sufficient level so as not to be subject to inundation from stormwater. Council may agree to a lesser area having regard to the size and location of the site. ii) Side slopes from the road boundary level of POS and Drainage areas to the base level of areas to be subject to inundation during storms with an Average Recurrence Interval of 1 in 10 years or greater shall not be a steeper grade than 1:20 and further slopes into areas subject to annual inundation shall not be steeper than 1:6. Council may allow the use of slopes of 1:6 and retaining walls in place of the 1:20 maximum, provided access for persons with disabilities is catered for and the general usefulness of the site is not compromised. iii) Each land owner shall contribute to a total minimum of 10% of the gross subdivisible area of the Structure Plan, for the purpose of POS and that area shall, in the case of each of the areas nominated on the Structure Plan, consist of land that complies with standard (i) and other land that is finished in accordance with standard (ii) to a level that is designed to be subject to inundation to assist in the management of stormwater from storms with an ARI of 1 in 10 years or greater. Land subject to annual inundation shall not be included within the POS contribution. iv) In order to provide for one minimum area of 4ha of playing field space in the northern section of the Structure Plan Area to be available without inundation by stormwater, the area of POS collocated with the primary school site shall have a minimum area of 3.5ha of land in a rectangular shape finished to a level that is above that which is predicted to be the level of stormwater that would need to be held in any adjacent stormwater basins or other stormwater infrastructure and consistent with the primary school site development level. v) An exchange of land between the owner of Lot 1 Bussell Highway, Riding for the Disabled Association, and the adjoining owner of Lot 9000 Bussell Highway and the associated subdivision design on lot 9000 will in part be facilitated by the provision of 1.2220 ha of POS from a surplus of POS in the Dalyellup Beach Pty Ltd land holding in the Dalyellup East Local Structure Plan area. The land exchange has been proposed to provide the land for the future connection of the road network through the RDA lot to the intersection of Bussell Highway and Hasties Road and will assist Dalyellup Beach Pty Ltd as owner of the District Centre land to meet the cost of the land for the road and construction thereof pursuant to clause (l) of Development Precinct No 1 in Appendix 16 of the Scheme. The exchange provides for the RDA to retain a land holding of same area as the existing lot 1. Subject to subdivision taking place in accordance with the DELSP the obligations of the respective land owners to provide POS will be deemed to have been met.

13) Whilst the role of Parade Road is nominated as a District Distributor Integrator ‘B’ based on predicted traffic flows, the design of the road cross-section shall include, at strategic intervals, features intended to limit the speed of traffic and deter the use of the road as a through road in the Greater Bunbury road network and as an alternative route to the Bussell Highway.

14) The subdivider contributions to be the implementation of the Dalyellup Community Facilities Development Plan will be an amount of $565 per potential dwelling site created at the time of seeking clearance to Deposited Plans of Survey.

15) A strategy to determine the future treatment, funding and timing of the upgrading of the Five Mile Brook Diversion Drain to be prepared by the subdividing landowners and agreed by the Water Corporation, Department of Water, Shire of Capel and WAPC in accordance with the requirements of Schedule 16 of Town Planning Scheme No.7. Funding arrangements are also to ensure that subdivision applications approved in the Dalyellup East Local Structure Plan area are to be included in the calculations for the funding agreement.

16) Subdividing landowners adjacent of Bussell Highway to establish a Landscape buffer to the highway for the purpose of noise attenuation and landscape amenity in accordance with the requirements of Schedule 16 of Town Planning Scheme No.7 as agreed by the Shire of Capel, MRWA and WAPC.

17) Subdivision proposals to be consistent with the agreed traffic management study in relation to road upgrading conditions and road network infrastructure requirements, outside of the Dalyellup East Local Structure Plan Area, to the satisfaction of the Western Australian Planning Commission.

18) The residential lot interface with the Sleaford Road extension i.e. on the south side of road between the Bussell Highway intersection and south-bound, is to be designed to minimise traffic conflict.

19) Footpaths to be established as per Figure 22 ‘Pedestrian/Cycle Network’ of the Report and a path along Bussell Highway.

20) For the entire area fronting Bussell Highway, the subdivider of the respective lot is to establish appropriate road transport noise mitigation measures and landscaped visual screening to protect the amenity of local residents and to provide for an aesthetic approach to Dalyellup. Full details are contained in Section 5.3.13 ‘Bussell Highway Buffer Area Interface Treatment’ of the report.

21) Display Village buildings are required to demonstrate incorporation of passive solar design principles and demonstration of energy and water efficiency in the design.

22) The maximum wall height for outbuilding in the R20 coded areas is permitted to be 2.7 metres.

23) Local Development Plans shall be required for Lots that require specific design responses to ensure a high standard of urban amenity. Matters to be considered include, use of rear laneway, interface treatments for lots directly fronting /abutting public open space/drainage reserves or where vehicular access restrictions are necessary for safety reasons.

24) Street corners within the Structure Plan Area being truncated to the standard truncation of 8.5 metres and the rear laneway within the subdivision being truncated to the standard corner truncation of 4.2 metres at intersection road/laneway points.

25) Quiet house treatment will be required on the R40 Lots 175 & 176 and the R20 Lots 184 & 185 in accordance with the recommendations of the Herring Storer Acoustics Road Traffic Noise Assessment dated March 2009 (ref: 8962-4-07196).

26) Future development of the ‘Residential – Over 55’s’ site shall be considered in accordance with the provisions of the Shire of Capel Town Planning Scheme No. 7 and other development requirements. In addition, a Local Development Plan covering the lifestyle village and aged care facility is to be prepared and approved to the satisfaction of the Shire of Capel in order to address various urban design issues including proposed built form, streetscape amenity, landscaping and pedestrian access to nearby public open space areas.

27) Residential lots adjoining Regional Open space to the north and west of Lot 9015, should, through subdivision, have a restrictive covenant placed on the certificates of title of the proposed lots advising of a restriction on the construction of habitable buildings within BAL-FZ/BAL-40.

28) The western and northern boundaries of Lot 9015, adjacent to Regional Open Space, should be fenced and gated and any existing fences/gates in substandard condition should be repaired, to a standard acceptable to the Department of Biodiversity, Conservation and Attractions and the Shire of Capel.

29) The subdivider of the ‘Residential – Over 55’s’ lifestyle village to construct and establish by way of an easement on title, three separate road access ways through the lot to the adjoining Public Open Space to the north, to the satisfaction of the Shire of Capel.

Part Two EXPLANATORY SECTION

Structure Plan Amendment – Dalyellup East

1 PLANNING BACKGROUND

1.1 INTRODUCTION AND PURPOSE

The current Dalyellup East Local Structure Plan was endorsed by the Western Australian Planning Commission (WAPC) on 1 November 2018 and is the guiding document for future subdivision and development of the subject land.

A copy of the current endorsed Structure Plan is contained in Appendix 1 of this report.

The proposed amendment to the Structure Plan specifically relates to the area contained in Lot 101, located in the northern portion of the Structure Plan Area. The land is owned by Piara Landholdings Pty Ltd and amendment to the Structure Plan is primarily sought to introduce an aged care land use component to the existing over 55s development cell and modify the current R40 residential development cells to the south of the Over 55s site, by removing selected laneways and consolidating into single R30 residential development cells instead.

Due to the northern portion of the site being identified as ‘bushfire prone’ an updated Bushfire Management Plan (BMP) has been prepared to inform the proposal and is contained in Appendix 2 of this document.

In order to introduce the proposed aged care land use component a reduction to the size of POS Area 1 is proposed from 1.80 hectares to approximately 1.67 hectares. The proposed reduction in POS (i.e. 1300m2) will not compromise the actual drainage area necessary to support appropriate storm water management, as outlined in the approved UWMP nor will it materially affect the useable open space requirements either. A copy of the approved UWMP report is contained in Appendix 3 of this document.

Changes to the internal road layout are also proposed in the area where the Over 55’s site is proposed and to existing Flint Lane which abuts the eastern boundary of the residential cell fronting onto Ferndale Avenue. Advice regarding these changes are supported by a Traffic Impact Assessment undertaken by Shawmac. A copy of the Shawmac Traffic Report is contained in Appendix 4 of this document.

Further details regarding the proposed changes to the Structure Pan are outlined in Section 5 of this report.

2 LAND DESCRIPTION

2.1 LAND PARTICULARS

The proposed amendment to the Structure Plan Area relates to Lot 101(the site) and is owned by Piara Landholdings (Refer Plan 2). The land particulars are as follows:

Lot / Plan No CT Reference Proprietor

Lot 101 on Plan 75329 CT 2804 - 504 Piara Landholdings Pty Ltd

Structure Plan Amendment – Dalyellup East Page | 2

632 632

CENTENARY ROAD

3001

101

15.7099ha 500

OAD

R AY

W

E

PRIMARY SCHOOL & SHARED POS GH I AD

H R

A

P

ELL

SS

U

B

E D NA E M O R P DISTRICT CENTRE

NORTON

PLAN 2: SITE PLAN Lot 101 Parade Road, Dalyellup

CLIENT : PIARA LAND HOLDINGS PTY LTD LEGEND SCALE : 1:7,500

DATE : 4 December 2019 SUBJECT LOTS PLAN No : Site Plan.dgn

REVISION : B

PLANNER : SLB 0 75 150 225 300 A 191A Naturaliste Terrace Dunsborough WA 6281 E [email protected] DRAWN : BL N P (08) 9750 5925 W www.lbplanning.com.au metres

2.2 LOCATION

The site comprises 15.7099 hectares in total and is located in the northern portion of the Structure Plan Area.

2.3 LAND USE

The land is cleared and forms part of the undeveloped balance area to the Structure Plan.

2.4 DISTRICT AND LOCAL CONTEXT

The site is located on the eastern side of Parade Road and is within the Shire of Capel. Its northern boundary abuts the municipal boundary of the along Centenary Avenue (Refer Plan 3). It forms the northern extremity of the Structure Plan and incorporates a large drainage area within POS Areas 1 to manage storm water, including flows associated with Five Mile Brook.

Structure Plan Amendment – Dalyellup East Page | 3

EATON

BUNBURY K O O M S B YPAS A B N A VITTORIA

D R I D V LIN E RA ST EAST AU BUNBURY

D A GLEN IRIS O

R

SOUTH

N BUNBURY A PICTON E PR C E ST O CAREY ON PARK

DAVENPORT

E

V I S R O U

D T 5 H km s WITHERS

D ROBERTSON

W

A R E I

O V S E

R T R

E

R

N

H

I WASHINGTON AVE G

H

COLLEGE W

GROVE A

Y

USHER E

D Y A

A R

W A

H P

G I

H

L

L

E

S

S

U

B DALYELLUP

10 km s

H ARE WO R ODS OAD

E

D

A

R A GELORUP P

T N E

M D I A

M

STRATHAM

PLAN 3: DISTRICT CONTEXT PLAN Lot 101 Parade Road, Dalyellup

CLIENT : PIARA LAND HOLDINGS PTY LTD LEGEND SCALE : NTS

DATE : 4 December 2019

PLAN No : DEDCP.dgn SUBJECT LOTS

REVISION : B

PLANNER : SLB 0 750 1500 2250 3000 A 191A Naturaliste Terrace Dunsborough WA 6281 E [email protected] N P (08) 9750 5925 W www.lbplanning.com.au DRAWN : BL metres

3 PLANNING FRAMEWORK

3.1 SHIRE OF CAPEL DISTRICT TOWN PLANNING SCHEME NO 7

The site is zoned ‘Urban Development’ by the Shire of Capel Town Planning Scheme No 7.

Clause 5.10 of the Scheme (outlined below) sets out the objectives and requirements of the ‘Urban Development’ zone.

Clause 5.10.1 Objective

The Urban Development Zone is an interim zoning for land. Council’s objective is to provide for future urban development after comprehensive planning by means of preparation of an outline development plan. It is intended that land in this zone shall be progressively developed for residential purposes and for commercial, community and other use normally associated with residential estates. The zone is designed to be flexible in nature so as to overcome the inherent problems associated with detailed zoning of land prior to lot boundaries being established by subdivision.

Clause 5.10.2 Objectives for Urban Design in the Urban Development Zone

a. To provide for the development of a functional and cohesive community consistent with the orderly and proper planning and in the interest of the amenity of the Urban Development Zone,

b. To provide an approximate mixture of lot sizes and dwelling types in order to promote a diverse community in an attractive built environment,

c. To establish the need for public open space provision and the form in which it should be provided, being active or passive, and giving due regard to the opportunity to incorporate remnant vegetation and other natural land form features,

d. To implement a clearly defined road hierarchy and pedestrian movement system which provides high levels of access to all areas within the Urban Development Zone and to provide good connectivity to surrounding localities,

e. To provide appropriate retail, service commercial, commercial and community facilities to service the needs of the residents of the Urban Development Zone with a view to integrating such facilities to maximise convenience,

f. To ensure that the build and natural environment of the Urban Development Zone is developed and managed in a sustainable manner to provide quality lifestyle opportunities for the residents; and

g. To have regard to the Urban Development Zone’s relationship to sensitive landforms such as coastal dunes, rivers, wetlands etc.

Structure Plan Amendment – Dalyellup East Page | 4

Clause 5.10.3 Development Approval

No development shall be approved within the Urban Development Zone unless it is generally in accordance with an approved Outline Development Plan approved by the Council and the Western Australian Planning Commission.

The provisions of Clause 5.1 DEVELOPMENT OF LAND apply in the Urban Development Zone. Permitted uses of land are those uses nominated on the approved Outline Development Plan.

Clause 5.10.4 Subdivision

Prior to making recommendations to the Western Australian Planning Commission on subdivision applications the Council shall have approved an Outline Development Plan.

Clause 5.10.5 Outline Development Plan Requirements

An Outline Development Plan may comprise of a plan, diagram or report, or a combination of these, in such detail as determined by Council, to demonstrate that the land can be developed in a coordinated and orderly manner consistent with regional and district planning objectives. An Outline Development Plan may take the form of a Local Structure Plan, Subdivision Guide Plan, Land Use Plan; or Development Plan depending on the issues to be addressed in each case. Information supporting an Outline Development Plan may include the following:

a. A statement or plan placing the Outline Development Plan in a wider context.

b. Existing Conditions: − Cadastral and topographical information − Existing land uses and development − Vegetation and soil type − Hydrological conditions of the land including depths to water tables, location of wetlands, watercourses, drainage lines and land which may be subject to inundation − Utility services − Any other identified development constraints − Relationship of the Urban Development Zone to industrial or utility service buffer zones. − Sites of Aboriginal and European heritage value

c. Proposed Development − Movement systems including road layout, pedestrian networks and public transportation corridors − Community facilities − Commercial facilities − Public open space − Indicative subdivision layout and proposed residential densities − Indicated finished topographical levels − Environmental assessment − Proposed fire protection measures − Additional school facilities

Structure Plan Amendment – Dalyellup East Page | 5

d. Implementation Statement − Staging of subdivision and development − Commitments to the provision of community services − Proposals for cost sharing − Proposals for resolving any outstanding issues.

e. Such other information as the Council considers necessary.

Clause 5.10.6 Advertising an Outline Development Plan

Prior to considering an Outline Development Plan the Council may require it to be advertised for a period generally between 21 and 42 days in accordance with any one or more of the following measures:

a. As part of an Amendment to a Town Planning Scheme

b. Written notice to the owners or occupiers of land within an area determined by Council as likely to be affected by the plan

c. A sign or signs being displayed on or near the land

d. Referral of the plan to any government agency or community group that it considers may have an interest and/or

e. Any other means of notification deemed to be reasonably necessary by the Council.

Where an Outline Development Plan has been advertised before the Gazettal of a scheme amendment in a manner which would have complied with the provisions of Clause 5.10.6 had those provisions been in operation at the time of the advertising, such advertising shall be deemed to satisfy the requirements hereof as if the Gazettal had occurred before the advertising.

Clause 5.10.7 Council Adoption of an Outline Development Plan

In considering a proposed Outline Development Plan the Council after advertising the plan and considering any submissions which are received shall:

a. Reject the plan; or

b. Adopt the plan with or without modifications.

Where the Council either rejects or requires the plan to be modified it shall state the reasons for doing so.

Clause 5.10.8 WAPC Adoption of an Outline Development Plan

An Outline Development Plan shall have no effect until such time it has been endorsed by the Western Australian Planning Commission. In submitting the Outline Development Plan for endorsement the Council shall include:

a. A copy of the plan and any modifications

b. A copy of the explanatory report which accompanies the plan

Structure Plan Amendment – Dalyellup East Page | 6

c. A schedule of all submissions and responses received as a result of advertising the plan.

This schedule shall include Council’s resolution in respect of each submission.

Clause 5.10.9 Modification of an Outline Development Plan

An Outline Development Plan may be modified by the Council provided that:

a. For a major modification the procedures contained in Clauses 5.10.6, 5.10.7 and 5.10.8 are complied with; or

b. For a minor modification the Council may approve such a modification without complying with the procedures contained in Clauses 5.10.6 and 5.10.7 but may refer the modification to the Western Australian Planning Commission and relevant government agencies for comment.

Clause 5.10.10 Outline Development Plan Refinement

Council may require the preparation of further Outline Development Plans for any area notwithstanding that an Outline Development Plan may exist for that area. Such a plan may be a refinement of an existing plan and shall be read in conjunction with it. When a further Outline Development is required it shall be prepared and adopted in accordance with the provisions of Clauses 5.10.5 to 5.10.8 (inclusive).

Clause 5.10.11 Appeal

Where an applicant, having lodged an Outline Development Plan with Council or the Western Australian Planning Commission, is aggrieved by the Council or the Commission:

a. Refusing to adopt the Outline Development Plan

b. Approving the Outline Development Plan subject to conditions, modifications or requirements unacceptable to the applicant; or

c. Failing to make a decision on the Outline Development Plan within 120 days of the date of submission, or such longer period agreed in writing between Council and the applicant, shall have a right of appeal under Part V of the Town Planning and Development Act 1928 for a period of 60 days from the date of being notified of the decision.

Clause 5.10.12 Costs

Unless otherwise agreed to by Council, the proponent of development or subdivision within the Urban Development zone shall meet the cost of preparing, advertising or modifying an Outline Development Plan.

Structure Plan Amendment – Dalyellup East Page | 7

Clause 5.10.13 Development Precincts

Council may nominate areas of land within the Urban Development Zone as precincts that are identified by a boundary on the Scheme Map within which, in addition to any provisions that are more generally applicable to land in the zone, specific standards for the subdivision and development of the land within the particular Development Precinct shall apply. The standards applicable to individual Development Precincts are set out in Appendix 16 of the Scheme.”

The site also forms part of a “Special Control Area” whereby the land is shown on the Scheme Map as ‘DCA 3’ with provisions contained within Appendix 17 of the Scheme text and which specifically relate to a Development Contribution Plan (DCP).

The schedule of provisions from the Scheme text in this regard is provided below:

Reference No. DCA 3 Area name DCA 3 - Dalyellup - As depicted on the Scheme Map (Sheet 6) Relationship to other planning The Development Contribution Plan generally instruments conforms to the: • Shire of Capel Strategic Community Plan; • Shire of Capel Long Term Financial Plan; • Shire of Capel Community Facilities and Services Plan; • Dalyellup Beach Structure Plan; • Dalyellup East Structure Plan; • Dalyellup South Structure Plan; and • Dalyellup District Centre Structure Plan. Infrastructure and administrative 1. Beach Multi-Purpose Community Recreation items to be funded Centre: • Single Storey multi-purpose building comprising of function/meeting rooms, office areas, storage area and toilets, situated near the existing Dalyellup Beach Car Park, located at Lot 5810 Dalyellup Boulevard, Dalyellup (Reserve# 45076): i. planning and design. ii. earthworks and civil works (including services). iii.construction of facility (including associated tender). iv. associated parking. v. associated landscaping.

2. Feasibility and design for Multi-Purpose Community Resource Centre: • Feasibility and detailed design for the Multi-Purpose Community Resource Centre buildings to be located on a portion of Lot 9041 on DP 414972, within the Dalyellup District Centre.

3. Multi-Purpose Community Resource Centre: • Single Storey multi-purpose building comprising of function/meeting rooms, office areas, storage area and toilets. • Single Storey Library building and basic facilities. Structure Plan Amendment – Dalyellup East Page | 8

• Single Storey community youth facility, office areas, kitchen facilities and toilets. i. earthworks and civil works (including services) ii. construction of facilities (including associated tender) iii. associated parking iv. associated landscaping located on a portion of Lot 9041 on DP 414972, within the Dalyellup District Centre.

4. Public Open Space Development: • Construction of a toilet block situated at Bibra Loop Park at Lot 8006 #1 Bibra Loop, Dalyellup (Reserve# 51235) i. earthworks and civil works (including services). ii. construction of facility.

5. Administrative costs (1% per lot contribution rate) including: • costs to prepare and administer the plan during the period of operation (including legal expenses, valuation fees, proportion of staff salaries, computer software or hardware for purpose of administering the plan). • costs to prepare Annual Report and monitoring. • costs to prepare and review cost estimates and the cost apportionment schedule. • valuation costs. Methods of calculating contributions The contributions outlined in this plan have been based on the need for community infrastructure generated by additional development in the development contribution plan. The local government's Community Facilities and Services Plan identifies the community infrastructure needs that impact on the development contribution plan. The method for calculating contributions excludes the:

• demand for a facility that is generated by the current population. • demand created by external usage - the proportion of use drawn from outside the main catchment area (I.e. DCA 3). • future usage - the proportion of usage that will be generated by future development outside of the development contribution plan timeframe.

The proportion of growth attributed to additional development is determined from the estimated additional population as a proportion of the projected 2031 population (I.e. 45% in Dalyellup).

Structure Plan Amendment – Dalyellup East Page | 9

The per lot contribution rate is determined from the proportional cost of facilities (to development) divided by the anticipated lot production (+1% for the cost to administer the DCP).

Development contributions are required at the subdivision stage (including strata) or development stage based on the number of new lots or dwelling units proposed.

Aged/dependent persons dwellings (including lifestyle village and retirement village dwellings) may contribute 50% of the otherwise applicable dwelling/lot rate, as a concession for the provision of residential development for the aged/dependent.

The land component for the Multi-Purpose Community Resource Centre and Multi- Purpose Community Recreation Centre being funded in accordance with the following parameters:

• The proportion of the contribution to the land value from the development contribution plan is to be established by determining the percentage of development remaining within the DCA3, as a proportion of the total estimated lot yield for DCA3 – the ‘Proportional Contribution’. • The land is to be ceded free of cost to the Crown at the time of subdivision, with the subdivider(s) to be refunded the ‘Proportional Contribution’, once sufficient development contribution plan funds become available. This will be subject to an agreement between the subdivider(s) and Shire of Capel. • Land value is to be determined based upon the static feasibility model and valued by an agreed independent licensed valuer. Period of operation 2019-2031 Priority and timing Timing and priority of infrastructure items are in accordance with the Capital Expenditure Plan within the Development Contribution Plan, which aligns with the Shire of Capel's Long Term Financial Plan. Review process The plan will be reviewed five (5) years from the date of gazettal of the local planning scheme or amendment to the local planning scheme to incorporate the plan, or earlier should the local government consider it appropriate having regard to the rate of development in the area and the degree of development potential still existing.

Structure Plan Amendment – Dalyellup East Page | 10

Grant funding when and/or if it arises shall be incorporated within any review of the development contribution rates.

The estimated infrastructure costs shown in the cost apportionment schedule will be reviewed at least annually to reflect changes in funding and revenue sources and indexed based on the Building Cost Index or other appropriate index as approved by the qualified person undertaking the certification of costs. Reporting requirements An annual report must be prepared by the responsible authority each financial year and published no later than three (3) months after the end of the financial year reported on in accordance with the template in Schedule 5 within State Planning Policy 3.6 - Infrastructure Contributions.

The above provisions specifically apply to all land in the Dalyellup urban area and that contributions by developing landowners within ‘DCA 3’ be itemised and administered by an approved Development Contribution Plan (DCP) that generally conforms with the relevant planning instruments.

The DCP outlines items of common infrastructure that provide a net benefit to the community within the relevant structure plan areas to be contributed by all developing landowners.

As part of its ‘Urban Development’ zoning, the site is also included within a ‘Development Precinct’ as per Clause 5.10.13 of the Scheme whereby special provisions regarding subdivision and development of the land are contained within Appendix 16 of the Scheme text.

The provisions read as follows: APPENDIX 16 DEVELOPMENT PRECINCTS – SPECIFIC PROVISIONS (CLAUSE 5.10.13) DEVELOPMENT SPECIFIC PROVISIONS PRECINCT Development 1. Subdivision: Precinct No.1 - Dalyellup East as (a) Subdivision shall be generally in accordance with the endorsed (or depicted on the subsequently amended) Dalyellup East Local Structure Plan for the Scheme Map Precinct prepared in accordance with clauses 5.10.1 to 5.10.13 of the Scheme. AMD 23 GG 18/8/06 AMD 49 GG 28/9/12 (b) Subdividing land owners shall provide the Shire of Capel with construction and landscape design drawings for public streets, drainage basins and public open space for approval prior to such works being undertaken.

(c) Subdividing land owners adjacent to Bussell Highway shall establish and landscape a buffer to the highway for the purposes of noise attenuation and landscape amenity that may include an earth bund or alternative treatments, but generally excluding walls or solid fencing, and shall be to the satisfaction of Council, MRWA and WAPC/DPI.

Structure Plan Amendment – Dalyellup East Page | 11

DEVELOPMENT SPECIFIC PROVISIONS PRECINCT (d) Subdividing land owner shall make arrangements, to the satisfaction of the Shire of Capel, to advise purchasers of lots that the Shire of Capel will impose a specified area rate within the Precinct for the purpose of assisting with the maintenance of Public Open Space and other infrastructure within the locality.

(e) A subdividing land owner with land containing a protected wetland under the Environmental Protection (Swan Coastal Plain Wetlands) Policy 2004 shall prepare a management plan, to the satisfaction of the Shire of Capel and the Department of Environment, for the wetland and associated buffer.

(f) Subdividing land owners shall make arrangements to the satisfaction of the Shire of Capel to ensure that management of mosquito breeding is incorporated into the design and ongoing management and maintenance of wetlands and urban drainage systems within the Precinct.

g) Subdividing land owners shall, at the time of creating new lots, contribute to a community facilities development fund such funds as are reasonably assessed by the Shire of Capel to be an equitable share of meeting the cost of implementing an adopted community facilities development plan.

(h) The subdividing land owner who holds the land on which a local structure plan for the Precinct nominates an area of land for the Dalyellup District Centre shall provide free of cost to the Shire of Capel a site having an area of up to 1 hectare within the Dalyellup District Centre to be used for such municipal purposes as the Shire may deem appropriate.

(i) Subdividing land owners within the Precinct shall, prior to undertaking subdivisional works, submit to the Shire of Capel an urban drainage plan which can be demonstrated to form part of an overall urban drainage plan for the Precinct.

(j) The Shire of Capel may require a subdividing land owner to enter into a deed of Covenant to do such things and meet such costs as are reasonably required to ensure that the subdivision and development of the land within the Precinct takes place in a co- ordinated manner and all aspects of a structure plan for the Precinct are completed.

(k) Subdividing land owners within the Precinct shall provide to the Shire of Capel a plan, to its satisfaction, to ensure that the local and district collector roads shown on the structure plan for the Precinct are constructed by each subdivider and connected to the district and regional road network.

(l) The subdividing land owner who holds the land on which a local structure plan for the Precinct nominates an area of land for the Dalyellup District Centre shall be responsible for all costs associated with the acquisition and construction of that portion of the proposed extension of Parade Road through land currently owned by the Riding For The Disabled Association Of Western Australia South West Group Inc. (being Lot 1 the subject of Certificate of Title Volume 1962 Folio 568). Prior to a final stage of subdivision of Lot 9012 or within 5 years from the approval of the

Structure Plan Amendment – Dalyellup East Page | 12

DEVELOPMENT SPECIFIC PROVISIONS PRECINCT Outline Development Plan for the District Centre, whichever comes first, Council shall determine the reasonable costs of implementing the necessary actions and works (as required by this provision) and such costs shall be bonded with Main Roads Western Australia.

(m) An owner required to make a contribution under provision (l) above may request the Council to have such costs independently certified by an appropriate qualified person. Any dispute between any owner and Council in connection with the cost contribution is to be resolved by arbitration in accordance with the Commercial Arbitration Act 1985.

(n) Subdividing land owners within the Precinct shall provide to the Shire of Capel a plan showing the cross-section design and pavement treatments or roads to demonstrate that they are consistent with the need to cater for predicted traffic volumes and will provide a satisfactory level of safety and service.

(o) Subdividing land within the Precinct shall, prior to undertaken subdivisional works, submit to the Shire of Capel a dual use and pedestrian path plan which can be demonstrated to form part of an overall dual use and pedestrian path plan for the Precinct.

(p) Subdividing land owners shall prepare a water balance and open space reticulation master plan to the satisfaction of the Shire of Capel and the Department of Environment to address the management of the shallow ground water table, ground water abstraction licenses and water quality.

(q) Subdividing land owners within the Precinct shall prepare a strategy to the satisfaction and agreement of the Shire of Capel, the Water Corporation and the Western Australian Planning Commission to ensure the upgrading and funding of the Five Mile Diversion Drain prior to any subdivision or Development taking place within the Development Precinct.

(r) With the exception of the requirements of provision (l), subdividing land owners adjacent to the existing Parade Road reserve and its extension through the structure plan area shall be responsible for the construction of Parade Road to a 2 lane standard suitable for a District Distributor Integrator "B" road and consistent with a traffic management plan for the Development Precinct to the satisfaction of the Shire of Capel.

(s) The Education Department of Western Australia shall require a contribution, on a per lot basis, for acquisition of the primary school site at the time of subdivision.

(t) Subdividing land owners shall prepare a strategy to the satisfaction of the Department for Planning and Infrastructure, the Shire of Capel and Main Roads Western Australia prior to any subdivision or development taking place within the Development Precinct to ensure that necessary works and funding associated with intersections on Bussell Highway is provided for and that the construction of Parade Road between Norton Promenade and Centenary Road will be completed at an acceptable time.

Structure Plan Amendment – Dalyellup East Page | 13

DEVELOPMENT SPECIFIC PROVISIONS PRECINCT (u) Subdividing landowners shall set aside land for public open space consistent with the intention to provide for active public open space and drainage functions in an endorsed structure plan or in a strategy endorsed by the Western Australian Planning Commission. Land required for drainage functions will be considered for credit as public open space in accordance with Western Australian Planning Commission policies and guidelines and subdividing land owners shall demonstrate that they have provided an equitable proportion of the required public open space within the whole of the Development Precinct.

(v) Subdividing land owners shall make arrangements, to the satisfaction of the Shire of Capel, to advise purchasers of lots that some portions of public open space will be subject to occasional inundation as part of the functioning of the local stormwater drainage system and to advise them of action that should be taken to minimise the release of nutrients to the local environment from their premises.

(w) The subdividing land owner responsible for the portion of Parade Road adjoining the northern boundary of the Shire of Capel shall be responsible for the construction of the connection of Parade Road pavement across the municipal boundary to integrate with the Parade Road carriageway in the City of Bunbury, including the provision for the Centenary road intersection traffic management to the satisfaction of the Western Australian Planning Commission.

2. Development:

(a) The Shire of Capel shall prepare and adopt a community facilities development plan for the Dalyellup locality and make available details of estimated costs of such a plan and how it relates to the potential population increase created by the subdivision of the Development Precinct No. 1 - Dalyellup East.

(b) The subdividing land owners of Lots 803 and 9012 Norton Promenade shall make provision for the future development of a District Centre generally in accordance with an endorsed Local Structure Plan for this Precinct. The District Centre shall make provision for a maximum of 20,000 square metres of gross leasable retain floor space area as well as provision for other uses such as, but not necessarily limited to, medical centre, service station and sites for other non-retail commercial such as a tavern, commercial recreation, service commercial, showroom- warehouse, residential and offices.

(c) Prior to the subdivision and development of the land identified as the District Centre on an endorsed Local Structure Plan for the Precinct, an Outline Development Plan shall be prepared in accordance with the provisions of the Dalyellup Development Zone and such plan shall include detailed urban design standards/guidelines for matters including, but not limited to, building design, height, bulk, siting and finishes, traffic and pedestrian movement and management, car parking, landscaping, street furniture, pavement treatments, control of advertisement signs, mixed residential-commercial development and the intended staging and the requirement for retail modelling of

Structure Plan Amendment – Dalyellup East Page | 14

DEVELOPMENT SPECIFIC PROVISIONS PRECINCT development to the satisfaction of the Shire of Capel and the Western Australian Planning Commission.

(d) Upon adoption of an Outline Development Plan for the District Centre, any person undertaken the development of land within the centre shall comply with the use and development standards set out in the adopted Outline Development Plan.

(e) Where a site is identified on the Local Structure Plan for the Precinct as being for the purpose of aged persons accommodation, an Outline Development Plan shall be prepared and endorsed by the Shire of Capel and the Western Australian Planning Commission prior to development commencing to identify development standards and design guidelines to ensure that the development of accommodation on the site is integrated into the urban design and community infrastructure of the Precinct.

As outlined above the ‘Urban Development’ zone requires comprehensive structure planning prior to subdivision and/or development of the subject land.

The current endorsed Structure Plan satisfies these requirements.

3.2 GREATER BUNBURY REGION SCHEME As a key objective of the State Planning Strategy and in recognition of the substantial population growth in the Greater Bunbury Region, the WAPC determined in 1996 that a region scheme should be prepared. The Greater Bunbury Region Scheme (GBRS) covers the City of Bunbury and the Shires of Harvey, Dardanup and Capel and has been prepared under the provisions of the Planning and Development Act 2005 to provide the statutory basis for implementing preceding non statutory region plans, provide the legislative mechanism to secure land for regional purposes and ensure orderly and proper planning including the timely provision of regional infrastructure.

The Draft GBRS was initially advertised in 2000 and the final version became operative in November 2007 following further public consultation and review by the Department for Planning and Infrastructure.

The Structure Plan Area is identified by the GBRS as ‘Urban”.

3.3 STRATEGIC FRAMEWORK & STATE PLANNING POLICY

3.3.1 The Bunbury Region Plan (Western Australian Planning Commission, 1987)

The Bunbury Region Plan was endorsed in 1987 by the State Cabinet to guide the expansion and development of the Greater Bunbury Region to 2001 and beyond. The Structure Plan Area was identified in this plan as forming part of Regional Policy Area 17 (b) in an area identified for future urban growth, with a focus on residential development, provision for district level open space and drainage. The current Structure Plan and this proposed amendment to the northern portion of the Structure Plan Area supports and reinforces these objectives.

Structure Plan Amendment – Dalyellup East Page | 15

3.3.2 Usher, Gelorup and Dalyellup District Structure Plan (Department for Planning and Urban Development, 1992)

The Usher, Gelorup and Dalyellup District Structure Plan (DSP) was prepared to guide the preparation of local structure plans in the coastal area south of Bunbury.

The land contained in the Dalyellup East Local Structure Plan Area is identified as ‘Urban Development’ with strong consideration in respect of its drainage function.

The DSP is based on the concept of establishing a series of urban villages with a central village focus of elements such as local shopping, primary school, medium density housing or public open space that will contribute to establishing a greater sense of community with clearly defined neighbourhoods.

The proposed amendment to the Structure Plan maintains this focus by introducing new housing and living options for the older demographic and ensuring improved drainage function through strategic location and design of basin areas, is realised.

3.3.3 Greater Bunbury Structure Plan Bunbury Wellington Region Plan (State Government Western Australia, 1995)

The Bunbury Wellington Region plan (BWRP) was prepared as a precursor to the preparation of the Greater Bunbury Region Scheme as a non-statutory document to guide the development of the Bunbury Wellington Region. The Structure Plan built on the broad framework established by the Bunbury Region Plan (1987) and local district structure plans while reflecting the expectations and desires of the community, the State and the Local Government affected by the plan.

Dalyellup East forms part of Planning Unit BU 6 that incorporates the areas of Usher, Gelorup and Dalyellup. The Planning Units outlines the relevant issues, opportunities and constraints and establishes a broad set of planning policies and guidelines. Guided by the earlier approved Usher, Gelorup and Dalyellup District Structure Plan (DSP) the BWRP recommends that development proceed in accordance with the DSP. The BWRP also acknowledges the significant deposits of mineral sands that exist in the area which are suitable for mining.

3.3.4 State Planning Strategy (Western Australian Planning Commission, 1997)

The State Planning Strategy (1997) was prepared by the Western Australian Planning Commission (WAPC) as a whole of Government approach to guide sustainable land use planning throughout the State up until 2029. The Strategy is aimed at developing a land use planning system to help the State achieve a number of key goals. These include generating wealth, conserving and enhancing the environment and building vibrant and safe communities for the enjoyment of this and subsequent generations of Western Australians. The Strategy was last audited in 2000-2001.

The Strategy identifies the need to have regional planning schemes for both the and Bunbury regions as part of the Growth Management Strategies for the South West of the state. This need is realised through the finalisation of the Greater Bunbury Region Scheme.

Dalyellup East Local Structure Plan Page | 16

3.3.5 Statement of Planning Policy (Western Australian Planning Commission)

Development of land must generally be consistent with any relevant Statements of Planning Policy (SPP) that were in force under the Town Planning and Development Act or have been prepared and adopted under Section 26 of the Planning and Development Act 2005. The WAPC and local governments must have due regard to the provisions of SPPs when preparing or amending regional and district planning schemes and when making decisions on planning matters. Details of the SPPs relevant to Dalyellup East are outlined below.

SPP No 1 State Planning Framework (Variation 2: 2006)

The State Planning Framework unites existing State and regional policies, strategies and statements with a central framework to provide a context for decision making on land use planning and development matters in Western Australia.

SPP No 3 Urban Growth and Settlement (2006)

The overall intent of the Urban Growth and Settlement SPP is to facilitate a sustainable pattern of urban growth and settlement. A key element in achieving this is the promotion of a sustainable and liveable neighbourhood form which reduces energy; water and travel demand while ensuring safe and convenient access to employment and services by all modes, provides choice and affordability of housing and creates an identifiable sense of place for each community. All of these factors have been considered and are upheld by the Structure Plan and the proposed amended, the subject of this report.

The SPP recognises the need for orderly and proper planning of urban growth and settlement which needs to be facilitated by a hierarchy of structure plans. The broader Dalyellup area is guided by a number of regional and district plans that provide the district framework under which Dalyellup East is and will continue to be developed.

3.3.6 State Sustainability Strategy (Government of Western Australia, 2003)

The State Sustainability Strategy provides an overarching framework for the State Government to respond to the sustainability agenda. The Strategy identifies the following six board goals and forty two strategy areas intended to fulfil these goals and guide Government action towards achieving its vision for a sustainable Western Australia:

➢ Sustainability and governance ➢ Contribution to global sustainability ➢ Sustainable natural resource management ➢ Sustainability and settlements ➢ Sustainability and community ➢ Sustainability and business

The policy objectives of the State Sustainability Strategy are incorporated into the planning system through State and Local Government policy and formally applied through planning decisions. The role of sustainability - economic, environmental and social - is fundamental to the planning of Dalyellup East and is implicitly embodied in the content of the current endorsed Structure Plan and this proposed amendment.

Dalyellup East Local Structure Plan Page | 17

3.3.7 Liveable Neighbourhoods (Western Australian Planning Commission, 2009)

Liveable Neighbourhoods (LN) was prepared by the WAPC to implement the objectives of the State Planning Strategy and is a compulsory design code and an operational policy of the WAPC which guides the design and assessment of structure plans (regional, district and local), subdivision and development for new urban areas. Its aims include promoting the design of walkable neighbourhoods; places that offer community and a sense of place; mixed uses and active streets; accessible and sustainable parks; energy efficient design; and a variety of lot sizes and housing types.

The implementation of applicable elements and the fulfilment of the overall principles of LN will be fundamental to ensuring that development of Dalyellup East and the wider urban region occurs in an appropriate and sustainable manner. Application of the LN principles is therefore relevant to all levels of planning for Dalyellup East, from structure planning through to detailed lot and building design.

The Structure Plan changes proposed by this amendment are consistent with LN principles with particular reference to providing a variety of lot sizes, housing for aged persons, legible transport network and appropriate placement of public open space.

3.3.8 Greater Bunbury Strategy (Western Australian Planning Commission, 2013)

The Greater Bunbury Strategy 2013 is a strategic plan to manage the growth of Greater Bunbury over the medium to long term planning horizon. It provides for the population of Greater Bunbury to grow from 83,598 people (2011 Census) to at least 150,000 people through urban infill, and some additional greenfields urban expansion areas. This is anticipated to cater for growth beyond the year 2050.

The Strategy supersedes the portion of the Bunbury Wellington Region Plan that relates to land use within the Shires of Harvey, Capel and Dardanup and the City of Bunbury. The Strategy will also form part of Statement of Planning Policy No. 1: State Planning Framework and its outcomes will be implemented through relevant statutory documents, being the Greater Bunbury Region Scheme, Local Planning Strategies and Schemes.

The Strategy incorporates the Greater Bunbury Structure Plan 2013 which identifies land ahead of the rezoning process to enable future development to occur in a logical manner and in response to future growth trends. In respect of the Structure Plan Area, the Greater Bunbury Structure Plan identifies the area as ‘urban’ which reflects established development and that proposed by way of this amendment.

3.4 EXISTING DALYELLUP LOCAL STRUCTURE PLANS

Two other number existing Local Structure Plans have been prepared and endorsed over the Dalyellup locality to guide subdivision and development (refer Plan 4). These include;

➢ Dalyellup South Local Structure Plan: includes over 1000 residential lots, a local centre, Primary/Secondary Schools and large areas of active public open space; and

Dalyellup East Local Structure Plan Page | 18

➢ Dalyellup Beach Local Structure Plan: which includes over 2000 residential lots, a local centre, primary school and a tourist precinct adjacent to the coastal foreshore reserve.

Endorsement of the original Dalyellup East Local Structure Plan in 2006 was the second instalment of local structure planning necessary to facilitate development of the Dalyellup urban area. Together, the three Structure Plans provide a broad range of local and district open space, secondary and primary schools, district and local commercial and community facilities, residential land and district roads and an interconnected pedestrian network.

Dalyellup East Local Structure Plan Page | 19

HOSPITAL D

OA

R

E

D

A

R

A

P

OCEAN TO PRESTON CORRIDOR

AY

W

GH I

H DALYELLUP

EAST

ELL OAD STRUCTURE S R S

PLAN U

B E PRIMARY SCHOOL AD

R

A

D P

R LOCAL VA CONVENIENCE E

L FACILITY

U

O

B

P

U

ELL

Y DALYELLUP L E A DISTRICT NAD BEACH D E CENTRE M O NO R LOCAL RTON P CENTRE LOCAL PRIMARY CENTRE SCHOOL PRIVATE SCHOOL E

DALYELLUP D

A

BEACH ESTATE R

A STRUCTURE PLAN P

T N HIGH E

M SCHOOL

D I

A

M

HA RE WOOD S ROAD

DALYELLUP SOUTH STRUCTURE PLAN

GELORUP

AY

W

GH I

H

ELL

SS

U

B

PLAN 4: LOCAL CONTEXT PLAN Lot 101 Parade Road, Dalyellup

CLIENT : PIARA LAND HOLDINGS PTY LTD LEGEND SCALE : 1:30,000

DATE : 4 December 2019 SUBJECT LOTS PLAN No : DELCP.dgn

REVISION : B

PLANNER : SLB 0 300 600 900 1200 A 191A Naturaliste Terrace Dunsborough WA 6281 E [email protected] DRAWN : BL N P (08) 9750 5925 W www.lbplanning.com.au metres

4 ENVIRONMENT, HERITAGE & BUSHFIRE

4.1 ENVIRONMENTAL ASSESSMENT To inform and guide preparation of the original endorsed Structure Plan a detailed Environmental Assessment was carried out by ATA Environmental to review the physical features of the land and identify any environmental issues which may impact on the future development of the Structure Plan area. Apart from two areas associated with wetlands identified in the southern portion of the Structure Plan Area, vegetation condition was found to be “degraded” to “completely degraded”.

A Water Resources Management Strategy was also prepared to identify and address relevant regulatory requirements and design criteria for water harvesting/use, stormwater management, flood protection, wetlands and groundwater management. Over time the Strategy has been updated and refined to inform ongoing development that has occurred throughout the Structure Plan Area. To this end more detailed Urban Water Management Plans (UWMP) have been prepared by JDA to inform ongoing urban development.

In this regard an updated UWMP was recently approved by the Shire of Capel to reflect the current structure plan and reconfiguration of POS Area 1. Details contained within the document provide the necessary guidance to also inform the proposed changes within Lot 101 as part of this proposal.

A copy of the updated UWMP is contained within Appendix 3 of this report.

4.2 ABORIGINAL HERITAGE A review of the original “Structure Plan Report” indicates only one registered site by the Department of Indigenous Affairs (now Department of Aboriginal Affairs) occurs in the vicinity of the Dalyellup East Structure Plan area. The site (S01764) is a small artefact scatter consisting several quartz flakes located approximately 1km east of Bussell Highway.

A previous survey of aboriginal heritage values in respect of the adjoining Dalyellup Beach structure plan area, also indicates several other registered sites located in the region, however the survey information suggests none of these heritage sites occur within the Dalyellup East Structure Plan Area.

4.3 BUSHFIRE HAZARD

Due to the amendment area’s proximity to natural bushland, bushfire risk is an important consideration. While the site’s bushfire hazard levels is rated as predominantly ‘low’, extreme bushfire hazard exists in the adjoining woodland reserve that is north and west of the site.

Accordingly, various Bushfire Management Plans (BMP) relating to the Structure Plan Area have been prepared and approved in the past. Given ongoing changes to the relevant bushfire assessment policy framework, an updated BMP has been prepared in relation to Lot 10l, to be assessed by the Shire of Capel as part of this proposal.

A copy of the updated BMP is contained within Appendix 2 of this report.

4.4 ACID SULFATE SOILS

Acid sulfate soils (ASS) are naturally occurring soils, sediments or organic substrates (e.g. peat) that are formed under waterlogged conditions. These soils contain iron sulfide minerals predominantly

Dalyellup East Local Structure Plan Page | 20

as the mineral pyrite) or their oxidation products. In an undisturbed state below the water table, acid sulfate soils are benign. However if the soils are drained, excavated or exposed to air by a lowering of the water table, the sulfides react with oxygen to form sulfuric acid. Release of this sulfuric acid from the soil can in turn release iron, aluminium, and other heavy metals (particularly arsenic) within the soil. Once mobilised in this way, the acid and metals can create a variety of harmful impacts to the environment and infrastructure.

Published acid sulfate soil risk mapping indicates that the Structure Plan Area is within an area of “high to moderate risk of acid sulfate soils within 3m of natural soil surface”. Land that is identified as being wholly or partially within an area of “high to moderate risk of acid sulfate soils” requires investigation to be carried out to determine the presence and extent of ASS, and where applicable, a management plan to be prepared and approved by the Department of Environment Regulation (DER) prior to commencement of development.

This requirement has been imposed as a subdivision condition on current and previous WAPC approvals in respect of the Dalyellup East area, resulting in the implementation of appropriate ASS management practices.

Dalyellup East Local Structure Plan Page | 21

5 PROPOSED STRUCTURE PLAN AMENDMENT

5.1 THE PROPOSAL

The proposed amendments to the Structure Plan only relate to the northern portion of the Structure Plan Area (Refer Plan 5).

Each of the proposed changes are described below:

1. Increase the size of the ‘Residential – Over 55s’ development cell and incorporate the ‘Residential – Aged Care’ land use within its western portion. 2. Modify the road network surrounding the ‘Residential – Over 55s’ development cell by removing the road along its eastern and northern boundary and the northern intersection to Parade Road. 3. Reconfigure Flint Lane in the very southern residential development cell to allow extension from the east and provide rear laneway vehicle access to the lots fronting Ferndale Avenue and Parade Road. 4. Modify the current R40 residential development cells to the south, by removing the laneways and consolidating into single R30 residential development cells. 5. Reconfigure POS Area 1 within Lot 101 by reducing its area from approximately 1.8 hectares to 1.67 hectares. None of the above changes to the Structure Plan necessitate any modification to servicing and/or infrastructure requirements recognised by the current endorsed Structure Plan. Accordingly, no further updates to previous Servicing reports is required for the purpose of this amendment.

5.2 RESIDENTIAL – AGED CARE LAND USE

The proposed amendment to the endorsed Dalyellup East Local Structure Plan primarily seeks to include the ‘Residential – Aged Care’ land use within the western portion of the existing ‘Residential – Over 55s’ development cell, as shown in the updated Lifestyle Village Concept Plan (Appendix 5).

The proposed aged care component will comprise approximately 1.5 hectares to support the development of an aged care facility, with approximately 120 beds. It will also complement the proposed adjoining lifestyle village to the east, which is already provided in the current endorsed Structure Plan (refer Appendix 1).

The proposed Aged Care Facility will provide a high quality development to provide aged care to its residents and various other ancillary services, which is expected to extend to the broader community as well. Such services may include medical and wellness, day respite care and social inclusion activities for the elderly. A café and associated hospitality services are also a possible inclusion.

While the proposed use will be owned and operated independently from the adjoining lifestyle village, it is expected that both developments will benefit from each other and present alternative lifestyle and housing options for the older demographic section of the greater Bunbury community.

The site is well located for the proposed Aged Care Facility with its close proximity to a future adjacent retirement village, the Dalyellup District Centre, Bunbury Regional and St John of God

Dalyellup East Local Structure Plan Page | 22

PROPOSED PRESTON ENVIRONMENT CORRIDOR TO OCEAN

1

9 WP

PROPOSED REGIONAL PARK (TUART FOREST) 8

D

A

O POTENTIAL CHILD CARE CENTRE SITE R

2 SUBDIVISION OF THE LAND IN CONJUNCTION WITH LAND ADJOINING TO THE EAST WILLL BE SUPPORT SUBJECT TO ACCEPTABLE ALTERNATIVE ARRANGEMENTS BEING 10 PROVIDED TO ACCOMODATE STORMWATER DISPOSAL CURRENTLY DIRECTED TO LOT 6066. INTERSECTION TO BE SIGNALISED AVENUE IN ACCORDANCE WITH AGREED FERNDALE TREATMENT BY MRWA

PS Y

A P

3 P

A W

H

G I

MU H RT IN

E

D 16 A RO R S A E D A V P E E R

11

PARAGON LOOP INTERSECTION TO BE SIGNALISED IN ACCORDANCE WITH AGREED TREATMENT BY MRWA

DALYELLUP E LEGEND D BEACH A N E ESTATE M STRUCTURE PLAN BOUNDARY O R P POSSIBLE ROAD WIDENING - BUSSELL HIGHWAY

POSSIBLE FUTURE TRANSPORT CORRIDOR 12 INTERSECTION TO BE 15 SIGNALISED IN ACCORDANCE RECOMMENDED 50m BUFFER TO WITH AGREED TREATEMTN EPP WETLAND BY MRWA NO RTON DISTRICT DISTRIBUTOR

NEIGHBOURHOOD CONNECTOR

LAND SUBJECT TO PROVISIONS FOR LAND USE, SUBDIVISION AND DEVELOPMENT WITH IN THE DISTRICT CENTRE OUTLINE L DEVELOPMENT PLAN AREA. S L

13 E S RESERVES S

E

V I U

R PUBLIC OPEN SPACE

D B

DRAINAGE

14 CONSERVATION

2 . 8 PUBLIC PURPOSES - COMMUNITY FACILITY DENOTED AS FOLLOWS: WP WESTERN POWER E K A W THE EXTENT, THE DESIGN AND THE NEED HS PUBLIC PURPOSES - EDUCATION/INSTITUTIONAL FOR LANDSCAPED BUFFER STRIPS DENOTED AS FOLLOWS: ADJACENT TO BUSSELL HIGHWAY TO BE S PRIVATE SCHOOL DETERMINED AT THE DETAILED PS PRIMARY SCHOOL SUBDIVISION STAGE. HS HIGH SCHOOL

INTERSECTION TO BE SIGNALISED ZONES IN ACCORDANCE WITH AGREED POSSIBLE COMMUNITY SITE OR TREATMENT BY MRWA POS & DRAINAGE RESIDENTIAL - R20

RESIDENTIAL - R30

RESIDENTIAL - R40

RESIDENTIAL - AGED CARE

RESIDENTIAL - OVER 55's B RO RIDING FOR THE DISABLED ASSOCIATION OK

OTHER

COMMUNITY PURPOSES SITE

MUNICIPAL PURPOSES SITE E L I M PROPOSED ROUNDABOUT TREATMENT

NOTES

1. FOR ADDITIONAL NOTES SEE: ADDENDUM 1 - LAND USE AND IMPLEMENTATION NOTES Dalyellup District Centre ODP Area: 2. STRUCTURE PLAN DISCLAIMER: THIS STRUCTURE PLAN PROVIDES Land use, subdivision and development within FRAMEWORK FOR MORE DETAILED PLANNING TO OCCUR AT THE this area shall be in accordance with the provisions SUBDIVISION AND DEVELOPMENT STAGE. THIS STRUCTURE PLAN IS of the Dalyellup District Centre Outline Development TO BE READ IN CONJUNCTION WITH THE ACCOMPANYING REPORT. Plan and any subsequently adopted related Detailed Area Plans.

PLAN 5: MODIFIED STRUCTURE PLAN AREA Lot 101 Parade Road, Dalyellup

CLIENT : PIARA LAND HOLDINGS PTY LTD LEGEND SCALE : 1:15,000

DATE : 4 December 2019 MODIFIED STRUCTURE PLAN AREA PLAN No : FE-SP-04G MOD AREA.dgn

REVISION : B

PLANNER : SLB 0 150 300 450 600 A 191A Naturaliste Terrace Dunsborough WA 6281 E [email protected] DRAWN : BL N P (08) 9750 5925 W www.lbplanning.com.au metres

Hospitals, an extensive public open space network, Dalyellup Beach and local bus service along Parade Road thus providing a public transport service to the Bunbury CBD.

This proposed land use, in conjunction with the already identified Over 55s land use on the Structure Plan, will provide affordable quality housing options within the Dalyellup area with additional aged care services as part of a modern featured Aged Care Facility to service the Dalyellup locality and the wider areas of Capel and Bunbury.

5.3 TRAFFIC MOVEMENT In order to support the Amended Structure Plan, with particular consideration to the modified internal road layout within Lot 101, a detailed Transport Impact Assessment has been carried out by Shawmac (refer Appendix 4).

In summary the Traffic Impact Assessment concluded the following:

• The proposed change in land use would result in a minimal change in traffic generation and therefore would not impact on the capacity of the existing and proposed road network. Although the amendment results in a similar amount of dwellings as the existing LSP, the traffic generated by the development will be lower considering that aged care dwellings will have lower occupancies and will generate less vehicular trips than regular residential dwellings. • The proposed road network layout and hierarchy is considered to be appropriate and it is recommended that Flint Lane is extended through the amendment area to provide rear laneway vehicle access for the lots fronting Ferndale Avenue, Pyrite Way and from Parade Road. • Based on the predicted traffic flows, it has been recommended that all new intersections within the site are unsignalised, priority-controlled intersections with the exception of the Ashberg Link / Starlite Bend intersection, which will be a roundabout as per the existing structure plan. • The recommended path network has been based on the continuation of existing and proposed paths at the boundary of the subject site. • The existing public transport services are considered to be sufficient to meet the public transport demand of the area.

5.4 RESIDENTIAL DENSITY The proposed land uses for the overall DELSP area remains predominately “Residential” and generally at R20 (i.e. approximately 96.06 hectares). Higher density housing (i.e. R30/R40) is also identified within strategic locations near public open space, schools, the district centre and public transport corridors to name a few.

The proposed amendment introduces some changes to density distribution within Lot 101 by replacing the exiting R40 development cells with consolidated R30 development cells instead.

5.5 LANDSCAPE AND PUBLIC OPEN SPACE The proposed amendment to the Structure Plan also seeks to reconfigure POS Area 1 in order to maintain its critical drainage function, while providing a safe and pedestrian friendly POS area to complement the proposed aged persons housing. It will also provide a suitable fire separation

Dalyellup East Local Structure Plan Page | 23

distance between existing vegetation along Centenary Avenue and future residential development.

The proposed change to POS Area 1 does not significantly impact the current provisions of Public Open Space or identified drainage areas, as provided by the endorsed Structure Plan nor does it significantly reduce the POS contribution area that Piara Landholdings are required to give up free of cost.

In summary, the total area of public open space provided (excluding drainage) is approximately 17.0217 ha, which equates to approximately 10.27% of the gross subdivisible area (Refer Plan 6).

The endorsed Structure Plan currently provides 10.74% therefore the impact is minimal.

In light of the above and in accordance with the Liveable Neighbourhood Guidelines an updated Land Use and POS Summary is provided below:

Estimated dwellings/population: R Code Estimated Estimated Estimated Population Dwellings/Beds Occupancy Rate R20 1113 1:2.5 2,783 R30 399 1:2.5 998 R40 571 1:2.5 1,428 Over 55’s 170 1:1.5 255 Aged Care 120 1:1 120 Total Estimated Dwellings/Beds = 2,373 Total Estimated Population = 5,584

Structure Plan Area 238.5453ha Public Open Space Deductions: 1 High School 10.2480 ha 1 Primary School 3.4857 ha 1 Private School 10.2382 ha Sewer Pump Station Sites 0.3928 ha Western Power Site 2.0000 ha Drainage (allows for exclusions and credits) 6.6644 ha District Centre 15.6453 ha Municipal Purpose Site 1.2603 ha Bussell Highway Widening 2.9781 ha EPP Wetland & Buffer 5.9236 ha 5 Mile Brook Overland Flood Route 4.1700 ha Riding For The Disabled 4.0505 ha Reserve 46267 (Drainage) 1.2048 ha Wetland Conservation Area 1.6600 ha Noise Bund 2.9514 ha Total Deductions 72.8727 ha Gross Subdivisible Area 165.6726 ha

Dalyellup East Local Structure Plan Page | 24

Public Open Space / Drainage Requirements:

Drainage (Ha) POS (Ha) TOTAL (Ha)

1 0.9168 0.7584 1.6752 2 0.2769 0.4310 0.7079 3 0.9990 3.7592 4.7582 4 0.6860 0.5440 1.2300 5 1.4340 0.8890 2.3230 6 0.2580 1.9820 2.2400 7 0.0270 0.000 0.0270 8 0.3250 0.3918 0.7168 9 0.4670 1.3660 1.8330 10 0.2194 2.1571 2.3765 11 0.3100 1.7577 2.0677 12 0.0000 0.4916 0.4916 13 0.0000 0.9171 0.9171 14 0.1303 1.0886 1.2189 15 0.0000 0.2105 0.2105 16 1.2048 0.0000 1.2048 17 0.0300 0.2777 0.3077 TOTAL 7.2842 17.0217 24.3059 Total Public Open Space & Drainage 24.3059 10% Public Open Space Requirement 16.5672 Total Public Open Space Provided (excluding drainage) 17.0217 % of Public Open Space Provided (excluding drainage) 10.27%

Note: The above calculations are approximate only and subject to detailed subdivision design and survey.

Dalyellup East Local Structure Plan Page | 25

PROPOSED PRESTON ENVIRONMENT CORRIDOR TO OCEAN

9 1

PROPOSED REGIONAL PARK (TUART FOREST) 8

2 10

D FERNDALE AVENUE A

O

R

Y

A P

3 P

A W

H

G I

MU H RT IN

E 16 D A

RO R S A E D A V P E E R 11

PARAGON LOOP

17 4

DALYELLUP E D 5 BEACH A N E ESTATE M O R P

12 15

NO RTON

L L Area 1 1.67ha 13 E S

S E 6 Area 2 7079m²

V I U

R D B Area 3 4.75ha

Area 4 1.23ha

14 Area 5 2.32ha 2 . 8

Area 6 2.24ha E K A W Area 7 270m²

7 Area 8 7168m² Area 9 1.83ha

Area 10 2.37ha

Area 11 2.06ha

Area 12 4916m²

Area 13 9171m²

Area 14 1.21ha

B Area 15 2015m² RO OK Area 16 1.20ha

Area 17 3077m²

E L I Total POS & Drainage - 24.3059ha M 10% POS Requirement - 16.5672ha

Total POS Provided (exc drainage) - 17.0217ha

% of POS Provided (exc drainage) - 10.27%

PLAN 6: PUBLIC OPEN SPACE & DRAINAGE Dalyellup East POS Areas

CLIENT : PIARA LAND HOLDINGS PTY LTD LEGEND SCALE : 1:15,000

DATE : 17 December 2020 PUBLIC OPEN SPACE

PLAN No : POS 2.dgn DRAINAGE : REVISION A CONSERVATION PLANNER : SLB A 191A Naturaliste Terrace Dunsborough WA 6281 E [email protected] 0 150 300 450 600m P (08) 9750 5925 W www.lbplanning.com.au DRAWN : BL N

6 INFRASTRUCTURE SERVICES

6.1 STORMWATER and URBAN WATER MANAGEMENT An Urban Water Management Plan, which deals with all aspects of previous and ongoing stormwater management and design, including the proposed amendment area, has been prepared by JDA and approved by the Shire of Capel.

The UWMP also details the function and design philosophy associated with the future drainage basin in POS area 1 and its relationship with the Five Mile Brook overland flood route.

A copy of the approved UWMP is contained within Appendix 3 of this report.

6.2 WATER SUPPLY and SEWERAGE All lots will be provided with reticulated water supply and sewerage.

6.3 OTHER SERVICES

All public utility services such as electricity, gas and telecommunications can be readily extended into the undeveloped portions of the Structure Plan Area.

Dalyellup East Local Structure Plan Page | 26

7 CONCLUSION The proposed amendment to the current endorsed Structure Plan has been prepared in accordance with the WAPC’s “Structure Plan Framework” pursuant to The Planning and Development (Local Planning Scheme) Regulations 2015.

The proposed amendment specifically relates to the northern portion of the Structure Plan Area and provides an opportunity to maximise efficient use of the subject land for housing in a location which is well suited to support medium density residential and aged persons housing with additional aged care services. The proposed changes will provide appropriate guidance for future subdivision and development assessment.

The minor reduction to POS Area 1 will not compromise its important drainage function as per the detailed drainage modelling analysis undertaken by JDA and provided within the approved UWMP.

The Structure Plan maintains its original design philosophy and outlines the planned urban layout for the site. It also identifies specific land use, residential density codes and maintains other development provisions to guide and control future planning and design.

The proposed amendment to the Structure Plan is considered ‘minor’ due to the inclusion of an existing land use on the Structure Plan (i.e. aged care) adjacent to the identified over 55s land use, a slight reduction to POS Area 1 and minor changes to the internal road layout within Lot 101.

In summary, the proposal provides greater housing options, a legible movement network and appropriate placement and distribution of residential densities in selected development cells.

Dalyellup East Local Structure Plan Page | 27