City of Greater Geraldton Local Planning Scheme No. 1 1 Rev 5 – December 2014

CITY OF GREATER GERALDTON

LOCAL PLANNING SCHEME NO. 1

DRAFT FOR PUBLIC COMMENT

Revision 5, December 2014

TABLE OF CONTENTS

PART 1 - PRELIMINARY ...... 1 1.1 Citation ...... 1 1.2 Commencement ...... 1 1.3 Scheme revoked ...... 1 1.4 Notes do not from part of Scheme ...... 1 1.5 Responsibility for Scheme ...... 1 1.6 Scheme area ...... 1 1.7 Contents of Scheme ...... 1 1.8 Purposes of Scheme ...... 1 1.9 Aims of Scheme ...... 2 1.10 Relationship with local laws ...... 2 1.11 Relationship with other local planning schemes ...... 2 PART 2 - RESERVES ...... 3 2.1 Regional reserves ...... 3 2.2 Local reserves ...... 3 2.3 Additional uses for local reserves ...... 3 PART 3 - ZONES AND USE OF LAND ...... 4 3.1 Zones ...... 4 3.2 City Centre zone...... 4 3.3 Commercial zone ...... 4 3.4 Mixed Use zone...... 5 3.5 Service Commercial zone ...... 6 3.6 Tourism zone ...... 6 3.7 Residential zone ...... 7 3.8 Industry – General zone ...... 8 3.9 Industry – Light and Service zone ...... 8 3.10 Port zone ...... 9 3.11 Rural Living zone ...... 9 3.12 Rural zone ...... 11 3.13 Settlement zone ...... 12 3.14 Development zone ...... 12 3.15 Zoning table ...... 12 3.16 Interpreting zoning table ...... 15 3.17 Additional uses ...... 15 3.18 Restricted uses ...... 16 3.19 Special use zones ...... 16 3.20 Non-conforming uses ...... 16 3.21 Changes to non-conforming use ...... 16 3.22 Register of non-conforming uses ...... 17 PART 4 - GENERAL DEVELOPMENT REQUIREMENTS ...... 18 4.1 R-Codes ...... 18 4.2 Modification of R-Codes ...... 18 4.3 Restrictive covenants ...... 19 4.4 Variations to site and development standards and requirements ...... 19 4.5 Environmental conditions ...... 19 4.6 Strata development ...... 20 4.7 New street alignments ...... 20 4.8 Parking requirements ...... 20 4.9 Cash-in-lieu for parking requirements ...... 22 4.10 Development of lots abutting unconstructed roads ...... 22 4.11 Development height ...... 23 4.12 Home business and home occupations ...... 23 4.13 Caretaker’s dwellings ...... 23 4.14 Landscaping ...... 23 4.15 Development relating to waterways, creeks and other watercourses ...... 24 4.16 Protection of wetlands ...... 24 4.17 Caravan parks ...... 24 4.18 Relocated buildings ...... 24 PART 5 - SPECIAL CONTROL AREAS ...... 25 5.1 Special control areas ...... 25 5.2 Moresby range (SCA 1) ...... 25 5.3 Narngulu wastewater treatment plant (SCA 2) ...... 26 5.4 Geraldton airport (SCA 3) ...... 26 5.5 Meru waste disposal facility (SCA 4) ...... 27 5.6 Greenough flats (SCA 5) ...... 27 5.7 Flood prone area (SCA 6) ...... 28 5.8 South Greenough to Cape Burney coastal planning strategy (SCA 7) ...... 28 PART 6 - LOCAL PLANNING FRAMEWORK ...... 30 6.1 Local planning strategy...... 30 6.2 Local planning policies ...... 30 6.3 Procedure for making or amending a local planning policy ...... 30 6.4 Revocation of local planning policy ...... 31 6.5 Local planning policies made under previous schemes ...... 31 PART 7 - HERITAGE PROTECTION ...... 32 7.1 Terms used ...... 32 7.2 Heritage list ...... 32 7.3 Designation of heritage areas ...... 33 7.4 Heritage assessment ...... 34 7.5 Variations to local planning scheme provisions for heritage purposes ...... 34 7.6 Heritage conservation notice ...... 34 PART 8 - STRUCTURE PLANS ...... 36 8.1 Terms used ...... 36 8.2 When structure plan may be prepared ...... 36 8.3 Preparation of structure plan ...... 36 8.4 Local government consideration of application ...... 37 8.5 Advertising structure plan ...... 37 8.6 Local government report to Commission ...... 38 8.7 Decision of Commission ...... 38 8.8 Further services from local government ...... 39 8.9 Review ...... 39 8.10 Publication of approved structure plan ...... 39 8.11 Effect of approved structure plan ...... 39 8.12 Duration of approval ...... 39 8.13 Variation of approved structure plan ...... 40 PART 9 - LOCAL DEVELOPMENT PLANS ...... 41 9.1 Terms used ...... 41 9.2 When local development plan may be prepared ...... 41 9.3 Preparation of local development plan ...... 41 9.4 Advertising of local development plan ...... 41 9.5 Decision of local government...... 42 9.6 Review ...... 43 9.7 Publication of approved local development plan ...... 43 9.8 Effect of approved local development plan ...... 43 9.9 Duration of approval ...... 43 9.10 Variation of approved local development plan ...... 43 PART 10 - REQUIREMENT FOR DEVELOPMENT APPROVAL ...... 45 10.1 Requirement for development approval ...... 45 10.2 Development for which development approval not required ...... 45 10.3 Amending or revoking development approval ...... 46 PART 11 - APPLICATIONS FOR DEVELOPMENT APPROVAL ...... 48 11.1 Terms used ...... 48 11.2 Form of application ...... 48 11.3 Accompanying material ...... 48 11.4 Advertising applications ...... 49 11.5 Retrospective approval of development ...... 50 PART 12 - PROCEDURE FOR DEALING WITH APPLICATIONS FOR DEVELOPMENT APPROVAL ...... 51 12.1 Consultation with other authorities ...... 51 12.2 Matters to be considered by local government ...... 51 12.3 Determination of applications ...... 52 12.4 Form and date of determination ...... 53 12.5 Duration of development approval ...... 53 12.6 Temporary development approval ...... 53 12.7 Scope of development approval ...... 53 12.8 Approval subject to later approval of details ...... 53 12.9 Time for deciding application for development approval ...... 54 12.10 Review of decisions ...... 54 PART 13 - IMPLEMENTATION OF DEVELOPMENT CONTRIBUTION PLANS ...... 55 13.1 Land excluded for calculating contributions ...... 55 13.2 Reporting contributions to owners ...... 55 13.3 Cost contributions based on estimates ...... 55 13.4 Valuation of land...... 56 13.5 Payment of cost contribution ...... 57 13.6 Administration of funds ...... 58 PART 14 - ENFORCEMENT AND ADMINISTRATION ...... 59 14.1 Powers of local government ...... 59 14.2 Entry powers ...... 59 14.3 Repair of existing advertisements ...... 59 14.4 Delegations ...... 59 14.5 Miscellaneous ...... 60 SCHEDULES ...... 61 SCHEDULE 1 — TERMS REFERRED TO IN SCHEME ...... 62 SCHEDULE 2 — ADDITIONAL USES...... 74 SCHEDULE 3 — RESTRICTED USES ...... 76 SCHEDULE 4 — SPECIAL USE ZONES ...... 77 SCHEDULE 5 — PARKING REQUIREMENTS ...... 79 SCHEDULE 6 — EXEMPT ADVERTISEMENTS ...... 81 SCHEDULE 7 — APPLICATION FOR DEVELOPMENT APPROVAL ...... 83 SCHEDULE 8 — ADDITIONAL INFORMATION FOR DEVELOPMENT APPROVAL FOR ADVERTISEMENTS ...... 84 SCHEDULE 9 — NOTICE OF PUBLIC ADVERTISEMENT OF PLANNING PROPOSAL ...... 85 SCHEDULE 10 — NOTICE OF DETERMINATION ON APPLICATION FOR DEVELOPMENT APPROVAL ...... 86 SCHEDULE 11 — ENVIRONMENTAL CONDITIONS ...... 87

APPENDIX 1 – SCHEME MAPS

PART 1 - PRELIMINARY

1.1 Citation

This local planning scheme is the City of Greater Geraldton Scheme No. 1. 1.2 Commencement

Under section 87(5) of the Act, this local planning scheme comes into operation on the day it is published in the Gazette. 1.3 Scheme revoked

The following local planning schemes are revoked:

(a) Shire of Greenough Town Planning Scheme No. 1A (portion of this Scheme only) – Gazetted 30 May 1986.

(b) City of Greater Geraldton Local Planning Scheme No. 2 (Mullewa) – Gazetted 22 June 2012.

(d) City of Geraldton-Greenough Local Planning Scheme No. 5 District Scheme (Greenough) – Gazetted 14 April 2010.

1.4 Notes do not from part of Scheme

Notes and instructions printed in italics, do not form part of this Scheme. 1.5 Responsibility for Scheme

The City of Greater Geraldton is the local government responsible for the enforcement of this Scheme and the execution of any works required to be executed under this Scheme. 1.6 Scheme area

This Scheme applies to the area shown on the Scheme Map which comprises sheets 1 – 22 set out in Appendix 1.

1.7 Contents of Scheme

1.7.1 This Scheme includes the Scheme Map (sheets 1 – 22).

1.7.2 This Scheme is to be read in conjunction with any local planning strategy for the Scheme area. 1.8 Purposes of Scheme

The purposes of this Scheme are to:

(a) set out the local government’s planning aims and intentions for the Scheme area; and

(b) set aside land as reserves for public purposes; and

(d) control and guide land use and development; and City of Greater Geraldton Local Planning Scheme No. 1 1 Rev 5 – December 2014

(e) set out procedures for the assessment and determination of development applications; and

(f) set out procedures for contributions to be made to the costs of providing infrastructure in connection with development; and

(g) make provision for the administration and enforcement of this Scheme; and

(h) address other matters referred to in Schedule 7 of the Act. 1.9 Aims of Scheme

The aims of this Scheme are:

(a) provide for vibrant arts, culture and education.

(b) promote a sustainable built form and natural environment.

(d) foster a dynamic, diverse and sustainable economy.

(e) support inclusive civic and community engagement and leadership. 1.10 Relationship with local laws

Where a provision of this Scheme is inconsistent with a local law, the provision of this Scheme prevails to the extent of the inconsistency. 1.11 Relationship with other local planning schemes

By way of information, the following local planning scheme of the City of Greater Geraldton is complementary to this Scheme, but does not apply to the Scheme area:

(a) Shire of Greenough Town Planning Scheme No. 1A (portion of this Scheme) – Gazetted 30 May 1986.

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PART 2 - RESERVES

2.1 Regional reserves

There are no regional reserves in the Scheme area. 2.2 Local reserves

2.2.1 Local reserves are shown on the Scheme Map according to the legend set out in Appendix 1.

2.2.2 The objective of each local reserve is to retain the land predominantly for its applicable classification as follows:

(a) Parks and Recreation;

(b) Conservation;

(d) Railways;

(e) Community and Public Purpose;

(f) Primary Distributor Road; and

(g) District Distributor Road. 2.3 Additional uses for local reserves

There are no additional uses for land in local reserves that apply to this Scheme.

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PART 3 - ZONES AND USE OF LAND

3.1 Zones

Zones are shown on the Scheme Map according to the legend set out in Appendix 1. 3.2 City Centre zone

3.2.1 Objectives

(a) ensure that the city centre continues as the largest multi-functional centre of activity, providing the most intensely concentrated development in the region, the greatest range of high order services and jobs and the largest commercial component of any activity centre.

(b) support the maturation of the city centre into a diverse, intense and highly connected activity centre with high density residential.

(c) promote development of the city centre as a focus for a wide range of retail, business, commercial, health, education, entertainment, cultural, recreational, community, tourism and public transport activities.

3.2.2 Site and development requirements

Table 1 City Centre zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary Variable Variable Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping R-AC3 Variable Variable Variable

3.3 Commercial zone

3.3.1 Objectives

(a) ensure activity centres provide for appropriate commercial, retail, office and entertainment uses that does not undermine the established and/or planned hierarchy of centres.

(b) provide for efficient, intense and compact centres with a diversity of activity appropriate to the purpose of the centre.

3.3.2 Site and development requirements

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Table 2 Commercial zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary Variable Variable Secondary Street / Side Boundary and Other / Rear – as per R-Codes where adjoining Residential zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A 1.0 12 metres 10%

3.4 Mixed Use zone

3.4.1 Objectives

(a) provide for the establishment of a mix of high density residential development with small-scale retail and commercial businesses in a residential scale environment that provides an area of transition between centres and surrounding residential areas.

(b) provide for development that complements but does not compete with the established and/or planned hierarchy of centres.

(c) ensure that development is at a human-scale with buildings, facilities and uses that activate and address the street in a manner sympathetic to the desired urban character of the area.

3.4.2 Site and development requirements

Table 3 Mixed Use zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary Variable 2 metres Variable 3 metres As per R-Codes where As per R-Codes where adjoining Residential adjoining Residential zone zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping R80 1.0 As per R80 10%

3.4.2.1 Prior to approving development or considering subdivision the local government may require design guidelines to be prepared and adopted as a local planning policy pursuant to clause 6.2 and 6.3.

3.4.2.2 Where mixed use development incorporating a residential component is proposed in a building, the residential component should be restricted to above the ground floor level.

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3.5 Service Commercial zone

3.5.1 Objectives

(a) provide for service commercial activities, including bulky goods, showroom and other large format retail.

(b) ensure development achieves relatively high amenity standards based on the level of exposure of the site and proximity to residential areas.

3.5.2 Site and development requirements

Table 4 Service Commercial zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary 1,250m2 12 metres Variable Variable As per R-Codes where As per R-Codes where adjoining Residential adjoining Residential zone zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A 0.6 12 metres 10%

3.6 Tourism zone

3.6.1 Objectives

(a) provide for the diversification of the tourism industry and provide for the development of all forms of tourist related activities and accommodation in appropriate areas.

(b) provide for a range of uses compatible with, and not detrimental to, the amenity of adjacent areas and allow for uses associated with tourism development that are an integral part of the development.

(c) provide for the location of tourist facilities in areas that take advantage of existing infrastructure and other tourist attractions whether natural or man- made and where the development does not result in the degradation of environmental features.

(d) ensure that development, inclusive of buildings, facilities and uses contribute towards and are sympathetic to the desired character of the area.

3.6.2 Site and development requirements

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Table 5 Tourism zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary 1,000m2 6 metres Variable 5 metres As per R-Codes where adjoining Residential zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping R80 Variable Variable Variable

3.6.2.1 The local government may approve a combination of tourism accommodation and permanent residential accommodation on the same site provided that it complies with the following:

(a) the predominant use of the site remains for short-stay tourism, holiday accommodation and other tourism uses and provides for a high quality tourism outcome or tourism benefit.

(b) the proposal is not in an isolated location and considers the broader planning and settlement context of the area.

(c) physical infrastructure and services are or will be available, including consideration of the urban infrastructure requirements of a permanent population where residential is proposed.

(d) the scale and design of the site complements the surrounding landscape and character of the area, with the tourism component given priority in those areas of highest tourism amenity (e.g. the beachfront).

(e) the residential component is integrated with both the tourism uses and management structure of the proposal.

(f) where tourism development and permanent residential accommodation are developed on the same site, the protection of residential amenity through careful design of both facilities and accommodation on the site shall occur in order to minimise disturbance and conflicts between land uses.

3.6.2.2 Where strata titling is proposed, appropriate management arrangements should be in place (e.g. via a management statement) that restricts the maximum length of stay to three months in any twelve month period applied for the tourism accommodation component. 3.7 Residential zone

3.7.1 Objectives

(a) provide for a variety of housing densities and typologies in appropriate locations within the Geraldton urban area, through the application of the R- Codes.

(b) provide for residential intensification that is focused around activity centres to provide a more sustainable urban form, taking into consideration the unique layout, available or proposed infrastructure and services, and characteristics of the particular locality. City of Greater Geraldton Local Planning Scheme No. 1 7 Rev 5 – December 2014

(d) provide for the establishment of non-residential uses which do not have a detrimental impact on the character and amenity of the locality.

3.7.2 The site and development requirements for non-residential uses shall be in accordance with the applicable R-Code density. 3.8 Industry – General zone

3.8.1 Objectives

(a) provide for a wide range of industrial and associated activities which can be undertaken without undue constraints.

(b) provide for the aggregation of industrial, storage and distribution activities based on efficient use of infrastructure and synergies between uses.

(d) avoid the establishment of non-industry related uses which may constrain industrial activity, and that can be accommodated in other appropriate zones.

3.8.2 Site and development requirements

Table 6 Industry – General zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary 2,000m2 12 metres 5 metres (one side) Nil As per R-Codes where As per R-Codes where adjoining Residential adjoining Residential zone zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A 0.6 N/A 10%

3.9 Industry – Light and Service zone

3.9.1 Objectives

(a) provide for light and service industrial activities that do not require major freight requirements or accessibility to the strategic freight network.

(b) provide land for industrial development which will not adversely affect surrounding areas.

(c) ensure development achieves relatively high amenity standards based on the level of exposure of the site and proximity to residential areas.

3.9.2 Site and development requirements

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Table 7 Industry – Light and Service zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary 1,500m2 12 metres 5 metres (one side) Nil As per R-Codes where As per R-Codes where adjoining Residential adjoining Residential zone zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A 0.6 N/A 10%

3.10 Port zone

3.10.1 Objectives

(a) ensure that land and backup facilities are adequate for the appropriate function of the Port of Geraldton and that the land is effectively utilised for that purpose.

(b) provide for development associated with the operation of the Port of Geraldton having due regard for the amenity of the locality.

3.10.2 Site and development requirements

Table 8 Port zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary 2,000m2 12 metres 5 metres (one side) 5 metres As per R-Codes where As per R-Codes where adjoining Residential adjoining Residential zone zone Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A 0.6 N/A 10%

3.11 Rural Living zone

3.11.1 Objectives

(a) provide for a variety of rural living and low density residential development in a rural setting, in which natural environmental values are conserved as far as possible for the enjoyment of residents as well as the maintenance of ecological, biodiversity and landscape values.

(b) provide for a range of compatible uses, consistent with the natural environment and visual landscape amenity of the locality.

3.11.2 Site and development requirements

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Table 9 Rural Living zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary Ranging from 1 20 metres 10 metres 10 metres hectare OR as per applicable structure plan Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A 0.1 As per R-Codes for N/A residential development

3.11.2.1 Variations of up to 10% to the minimum lot size may be supported by the local government where it can be demonstrated that the subdivision will achieve a positive biodiversity conservation outcome or facilitate the orderly and proper planning of roads and infrastructure.

3.11.2.2 Stocking rates shall not exceed Department of Agriculture and Food standards.

3.11.2.3 Residential development shall be connected to a reticulated water service.

3.11.2.4 At subdivision stage, a local development plan shall be prepared and approved in accordance with Part 9 for each lot. A local development plan shall specifically address the following:

(a) identification of building envelopes and/or building exclusion areas;

(b) vegetation to provide for the visual screening of development;

(d) bushfire management requirements.

3.11.2.5 At subdivision stage, a minimum of 3% of the lot area shall be re- vegetated, and thereafter maintained to the satisfaction of the local government, with a combination of trees, shrubs and ground covers consistent with the indigenous plant communities identified in the Geraldton Regional Flora and Vegetation Survey. The local government may accept a cash contribution in lieu of re-vegetation.

3.11.2.6 No clearing or destruction of any remnant native vegetation or re- vegetation shall be permitted except for:

(a) clearing to comply with the requirements of the Bush Fires Act 1954, the local government’s Bush Fire Notice and/or any fire management plan endorsed by the local government;

(b) clearing as may reasonably be required to accommodate an approved building and curtilage, or vehicular access to an approved building or other land use approved by the local government;

(d) trees that are assessed to be dead, diseased or dangerous.

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3.11.2.7 Development shall not result in any net export of nutrients from the land to any wetland, water course or underground aquifer.

3.11.2.8 No development or land use activity shall impede in any way the natural water flow along any creek line or water/drainage course. 3.12 Rural zone

3.12.1.1 Objectives

(a) protect rural land from incompatible uses and minimise land use conflicts.

(b) provide for a wide range of rural land uses that can support primary production and value adding, natural resource management, small-scale tourism, biodiversity conservation and environmental and landscape protection.

3.12.2 Site and development requirements

Table 10 Rural zone site and development requirements

Minimum Setbacks Minimum Lot Size Secondary Street / Primary Street Other / Rear Side Boundary N/A 20 metres 10 metres 10 metres Maximum Building Minimum R-Code Maximum Plot Ratio Height Landscaping N/A N/A As per R-Codes for N/A residential development

3.12.2.1 There is a general presumption against subdivision of rural land unless in accordance with State Planning Policy 2.5 Land Use Planning in Rural Areas in the following circumstances:

(a) significant physical divisions;

(b) public utilities and ancillary uses;

(d) conservation of heritage buildings and places;

(e) conservation of biodiversity and natural heritage; or

(f) homestead lots.

3.12.2.2 Existing lots zoned Rural in gazetted townsites shall not be further subdivided.

3.12.2.3 In considering planning applications the local government shall have regard to:

(a) the Department of Agriculture and Food’s studies into identification of high quality agricultural land, to protect the economic and agricultural viability of this land.

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(b) the need to protect the economic viability of the rural land use generally.

(d) the need to ensure that the existing standard of roads, water and electricity supply and other services is sufficient for the additional demands that the proposed development would create.

(e) the need to consider the existence of basic raw materials and the impact of the proposal on existing and potential extractive operations in the area. 3.13 Settlement zone

3.13.1 Objectives

(a) define and delineate Aboriginal settlements in accordance with a layout plan.

3.13.2 Site and development requirements

(a) land use and development shall be in accordance with a layout plan. 3.14 Development zone

3.14.1 Objectives

(a) identify areas that require comprehensive planning in order to provide for the coordination of subdivision, land use and development.

(b) provide for the orderly and proper planning and development through a structure planning process.

3.14.2 The local government is not to:

(a) consider recommending subdivision; or

(b) approve development of land;

unless a structure plan in respect of the area the subject to the application, has been prepared and approved pursuant to Part 8, and the application shall be generally in accordance with the structure plan.

3.14.3 Notwithstanding clause 3.14.2 the local government may recommend subdivision or approve development without a structure plan, if in the opinion of the local government, such development is of a minor nature and will not prejudice the future structure planning of the site or zone. 3.15 Zoning table

The zoning table for this Scheme is as follows:

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Zoning Table

General andLight Service

- -

Land Use City Centre Commercial Mixed Use Service Commercial Tourism Residential Industry Industry Port Rural Living Rural Settlement Development Special Use

Aged or Dependent Persons Dwelling D X D X A D X X X X X Agriculture - Intensive X X X X X X X X X A P Agroforestry X X X X X X X X X A P Ancillary Dwelling D X D X I P X X X P P Animal Establishment X X X X X X X X X X D Animal Husbandry - Intensive X X X X X X X X X X D Bed and Breakfast P X D X D A X X X D D Café P P P D P A X X X X D Car Park P P D P I X P P P X X Caravan Park X X X X P X X X X X X Caretaker's Dwelling I X I X I X X X X I I Child Care Service D D A D X A X X X X X Cinema / Theatre P D D X X X X X X X X Civic Use P D D D X X X D X X D Club Premises D D A D D A X D X X D Community Purpose P P D D D A X D X X A Consulting Room P D D D X A X X X X X Convenience Store P P D D I A D D D A D Discount Department Store P D X X X X X X X X X

Dry Cleaning Premises / Laundromat P P D D X X X D X X X 3.13 3.14 3.19 Educational Establishment D D A X X A X X X X D Exhibition Centre P D D D D X X X X X D Family Day Care D X D X X D X X X D D

efer clause

Fast Food Outlet P P A D A X X X X X X Refer clause R Refer clause Fuel Depot X X X X X X P D P X A Funeral Parlour D D D D X X X D X X X Garden Centre X D X D X X P P X X D Grouped Dwelling D X D X D P X X X X X Holiday Home D X D X A A X X X D D Home Business P X D X D D X X X D D Home Occupation P X D X D P X X X D D Hotel P D A D P X X X X X X Industry - Cottage D X A X A A X X X D D Industry - Extractive X X X X X X D X X X P Industry - General X X X X X X P X D X X Industry - Hazardous X X X X X X A X X X X Industry - Light X X X X X X D P P X X Industry - Mining X X X X X X X X X X P Industry - Noxious X X X X X X A X A X A Industry - Rural X X X X X X D D X A D Industry - Service X X X D X X D P D X X Liquor Store D A A A A X X X X X X

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General andLight Service

- -

Land Use City Centre Commercial Mixed Use Service Commercial Tourism Residential Industry Industry Port Rural Living Rural Settlement Development Special Use

Machinery Sales X X X D X X P P P X A Marina P X X X X X X X P X X Market P P D D D X X X X X D Medical Centre P P A D X A X X X X X Motel P D D D P X X X X X X Motor Vehicle Repair X X X D X X P D D X X Motor Vehicle Wash D D D D X X P P P X X Motor Vehicle Wreckers X X X X X X P D D X X Motor Vehicle, Boat or Caravan Sales X X X P X X P P X X X / Hire Multiple Dwelling P X D X D A X X X X X Night Club A X X X A X X X X X X Office P P D D X X X X X X X Office - Small Scale P P P P X A X X X X X Park Home Park X X X X P X X X X X X Personal Services P P D D D A X X X A X Place of Worship D A D A X A X X X X X Produce Stall P P D X D A X X X D D Reception Centre P D X D D X X X X X A

Recreation - Private P P D D X X X D X X X

Renewable Energy Facility X X X X X X A X X X A 3.13 3.14 3.19 Residential Building D X A X A A X X X X X Restaurant P P D D D X X X X X X Rural Pursuit X X X X X X X X X A P

Salvage Yard X X X X X X P D D X A Refer clause Refer clause Refer clause Service Station X D D D D X P P P X X Serviced Apartment P D A X P A X X X X X Shop P P D D I X X X X X X Shopping Centre P P X X X X X X X X X Short-Stay Accommodation P D A X P A X X X A A Showroom D D X P X X X D X X X Single House D X D X D P X X X P P Small Bar D D A X P X X X X X X Stockpiling X X X X X X P X P X A Supermarket P P A D I X X X X X X Tavern P P X A A X X X X X X Telecommunications Infrastructure A D A D A A D D D A A Tourist Resort P D X X P X X X X X X Trade Supplies X X X D X X D D D X X Transport Depot X X X D X X P D P X A Veterinary Centre D D X D X X D D X X A Warehouse X X X P X X P P P X A Winery X X X X X X X X X A P Workforce Accommodation X X X X A A X X X X A

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3.16 Interpreting zoning table

3.16.1 The permissibility of uses of land in the various zones in the Scheme area is determined by cross-reference between the list of use classes on the left hand side of the zoning table and the list of zones at the top of the zoning table.

3.16.2 The symbols used in zoning table have the following meanings:

P means that the use is permitted if it complies with any relevant development standards or requirements of this Scheme.

I means that the use is permitted if incidental, ancillary or subordinate to the predominant use of the land and it complies with any relevant development standards or requirements of this Scheme.

D means that the use is not permitted unless the local government has exercised its discretion by granting development approval.

A means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving special notice in accordance with clause 11.4.

X means that the use is not permitted by this Scheme.

Note: 1. The development approval of the local government may be required to carry out works on land in addition to any approval granted for the use of land. In normal circumstances one application is made for both the carrying out of works on, and the use of, land. For works on land that do not require development approval see clause 10.2. 2. In considering a D or A use, the local government will have regard to the matters set out in clause 12.2. 3. The local government must refuse to approve any X use of land. Approval to an X use of land may only proceed by way of an amendment to this Scheme carried out in accordance with the Act.

3.16.3 A specific use class referred to in the zoning table is excluded from any other use class described in more general terms.

3.16.4 The local government may, in respect of a use that is not specifically referred to in the zoning table, or in a special use zone listed in Schedule 4, and that cannot reasonably be determined as falling within a use class referred to in the zoning table:

(a) determine that the use is consistent with the objectives of the particular zone and is therefore a use that may be permitted in the zone subject to conditions imposed by the local government; or

(b) determine that the use may be consistent with the objectives of the particular zone and give notice under clause 11.4 before considering an application for development approval for the use of the land; or

(c) determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted in the zone. 3.17 Additional uses

Despite anything contained in the zoning table, land specified in Schedule 2 may be used for the additional class of use set out in respect of that land subject to the conditions that apply to that use.

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3.18 Restricted uses

Despite anything contained in the zoning table, land specified in Schedule 3 may be used only for the restricted class of use set out in respect of that land subject to the conditions that apply to that use.

3.19 Special use zones

3.19.1 Schedule 4 sets out:

(a) Special use zones for specified land that are in addition to the zones in the zoning table; and

(b) the classes of special uses that are permissible in that zone; and

3.19.2 A person must not use any land, or any structure or buildings on land, in a special use zone except for the class of use that is permissible in that zone and subject to the conditions that apply to that use.

Note: Special use zones apply to special categories of land use which do not comfortably sit within any other zone in this Scheme.

3.20 Non-conforming uses

3.20.1 Unless specifically provided, this Scheme does not prevent:

(a) the continued use of any land, or any structure or building on land, for the purpose for which it was being lawfully used immediately before the commencement of this Scheme; or

(b) the carrying out of any development on that land if:

(i) before the commencement of this Scheme, the development was lawfully approved; and

(ii) the approval has not expired or been cancelled.

3.20.2 Clause 3.20.1 does not apply if:

(a) the non-conforming use of the land is discontinued; and

(b) a period of 6 months, or longer period approved by the local government, has elapsed since the discontinuance of the non-conforming use.

3.20.3 Clause 3.20.1 does not apply in respect of a non-conforming use of land if, under Part 11 of the Act, the local government:

(a) purchases the land; or

(b) pays compensation to the owner of the land in relation to the non-conforming use. 3.21 Changes to non-conforming use

3.21.1 A person must not, without development approval:

(a) alter or extend a non-conforming use of land; or

(b) erect, alter or extend a building used for, or in conjunction with, a non- conforming use; or

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(c) repair, rebuild, alter or extend a building used for a non-conforming use that is destroyed to the extent of 75% or more of its value; or

(d) change the use of land from a non-conforming use to another non-conforming use.

3.21.2 An application for development approval for the purposes of this clause must be advertised in accordance with clause 11.4.

3.21.3 A local government may only grant development approval for a change of use of land referred to in clause 3.21.1(d) if, in the opinion of the local government the proposed use:

(a) is less detrimental to the amenity of the locality than the existing non- conforming use; and

(b) is closer to the intended purpose of the zone in which the land is situated. 3.22 Register of non-conforming uses

3.22.1 The local government may prepare a register of land within the Scheme area that is being used for a non-conforming use.

3.22.2 A register prepared by the local government must set out the following:

(a) a description of each area of land that is being used for a non-conforming use;

(b) a description of any building on the land;

(d) the date on which any discontinuance of the non-conforming use is noted.

3.22.3 If the local government prepares a register under clause 3.22.1 the local government must:

(a) ensure that the register is kept up-to-date; and

(b) make a copy of the register available for public inspection during business hours at the offices of the local government.

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PART 4 - GENERAL DEVELOPMENT REQUIREMENTS

4.1 R-Codes

4.1.1 The R-Codes, modified as set out in clause 4.2, are to be read as part of this Scheme.

4.1.2 The local government must make a copy of the R-Codes available for public inspection during business hours at the offices of the local government.

4.1.3 The coding of land for the purposes of the R-Codes is shown by the coding number superimposed on a particular areas contained within boundaries shown on the Scheme Map. 4.2 Modification of R-Codes

4.2.1 If a subdivision of land will create lots at a lower density coding to that density coding applicable to the land to avoid the need to provide reticulated sewerage, the local government may refuse to support the application, unless the local government is satisfied that the subdivision:

(a) will not undermine the broader planning of the locality;

(b) does not represent an inefficient use of existing and planned infrastructure; and

4.2.2 For land with a dual density coding the local government may permit a variation to the higher density coding subject to:

(a) the development being connected to reticulated sewerage;

(b) the development being located close to services and facilities to the satisfaction of the local government; and

(c) the development being advertised in accordance with clause 11.4 and the local government being satisfied the development, if implemented, will not have an adverse impact on local amenities.

4.2.3 For a single house or grouped dwelling with a density coding of R60 or greater, the maximum building height shall be as per Table 3, Category C of the R-Codes.

4.2.4 Grouped and multiple dwellings

4.2.4.1 Notwithstanding the provisions of the R-Codes, the local government may refuse to grant development approval for a development involving grouped or multiple dwellings where the local government considers:

(a) the proposed development would prejudice the potential road pattern for the area to serve the surrounding properties; or

(b) the proposed development would circumvent the provision of normal subdivisional requirements such as road access, drainage, public open space and/or the provision of other infrastructure.

4.2.4.2 The local government may, alternatively, grant development approval for such development subject to such conditions as may be necessary for satisfactory street access, drainage, public open space and/or other infrastructure, and in accordance with the provisions of the R-Codes.

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4.3 Restrictive covenants

4.3.1 The local government may, with the approval of the Commission, agree to the discharge or modification of a restrictive covenant affecting land in the Scheme area.

4.3.2 The discharge or modification of a restrictive covenant in respect of land does not affect the requirements of this Scheme for development approval to be obtained for development of the land.

Note: The owner of land affected by a restrictive covenant must apply under the Transfer of Land Act 1893 for a memorandum of the discharge or modification of the restrictive covenant to be entered on the certificate of title for the land.

4.4 Variations to site and development standards and requirements

4.4.1 The local government may approve an application for development approval that does not comply with a site and development standard if the application is in relation to non-residential development.

4.4.2 An approval under clause 4.4.1 may be unconditional or subject to any conditions the local government thinks fit.

4.4.3 If the local government is of the opinion that the non-compliance with a site and development standard will mean that the development is likely to adversely affect any owners or occupiers in the general locality or adjoining the site of the development, the local government must:

(a) consult the affected parties by following one or more of the provisions for advertising uses under clause 11.4; and

(b) have regard to any expressed views prior to making its determination to grant development approval under this clause.

4.4.4 The local government may only approve an application for development approval under this clause if the local government is satisfied that:

(a) approval of the proposed development would be appropriate having regard to the criteria set out in clause 12.2; and

(b) the non-compliance with the site and development standard will not have a significant adverse effect on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality. 4.5 Environmental conditions

4.5.1 The conditions set out in Schedule 11 are environmental conditions that apply to this Scheme as a result of an assessment carried out under the Environmental Protection Act 1986 Part IV Division 3.

4.5.2 The environmental conditions are indicated on the Scheme Map by the symbol EC to indicate that environmental conditions apply to the land.

4.5.3 The local government must make available for public inspection during business hours at the offices of the local government all statements relating to this Scheme published under the Environmental Protection Act 1986 Part IV Division 3.

4.5.4 There are no environmental conditions imposed under the Environmental Protection Act 1986 that apply to this Scheme.

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4.6 Strata development

The local government may vary any deemed-to-comply provisions of the R-Codes and approve the creation of a survey strata lot or strata lot for an existing authorised grouped dwelling or multiple dwelling development, where, in the opinion of the local government, the objectives of the zone in which the development is located can be achieved.

4.7 New street alignments

4.7.1 This Scheme establishes new street alignments for the roads and streets listed in Table 11 below.

Table 11 New street alignments

Road Name Between Width in Metres New Alignments Old New Side Metres Chapman Road Cathedral Avenue and Durlacher Street 15.08m 20.0m South East 2.46m Durlacher Street and Forrest Street 15.08m 20.0m Both 2.46m Durlacher Street Marine Terrace and Chapman Road 15.08m 20.0m North East 4.92m Chapman Road and Sanford Road 15.08m 25.0m Both 4.96m Sanford Street and Waldeck Street 20.12m 30.0m Both 4.96m Eastward Road North West Coastal Highway to Flores 20.12m 30.0m North 9.88m Road Eighth Street Flores Road and Webberton Road 20.12m 30.0m South 9.88m Lester Avenue Fitzgerald Street and Cathedral Avenue 15.08m 20.0m North 4.92m Sanford Street Forrest Street and Durlacher Street 10.06m 15.0m Both 2.47m Cathedral Avenue and Fitzgerald Street 15.08m 20.0m South 4.92m Shenton Street Fitzgerald Street and Durlacher Street 15.08m 17.54m South 2.46m

4.7.2 The local government may vary a new street alignment in Table 11 either:

(a) following adoption of a road design by the local government or Main Roads WA; or

(b) if consideration of site conditions in a particular case makes a variation desirable.

4.7.3 In granting development approval to development of a lot affected by a new street alignment of Table 11, the local government may require the land area identified for road widening be set aside for future ceding free of cost as part of any subsequent subdivision application or retained for future acquisition by the local government should subdivision not occur.

4.7.4 On a lot affected by a new street alignment in Table 11, building setbacks will be determined from the new street alignment so fixed, but the local government may vary the requirement of this clause if it considers that such building setbacks would be unduly prejudicial to the development of the lot.

4.7.5 The land area identified for a new street alignment shall be maintained free of permanent structures or any other development (including advertisements and car parking) unless otherwise agreed to in writing by the local government. 4.8 Parking requirements

4.8.1 The required number of car, bicycle and scooter / motorcycle parking spaces shall be provided in accordance with this Scheme as part of any development.

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4.8.2 Parking spaces shall be calculated based on the GFA of the development. Where the calculation requires a fraction of a space, it shall be rounded up to the nearest higher whole number.

4.8.3 Where a development results in the likely demand for parking of trailers, caravans, buses and/or coaches, parking spaces for such vehicles may be integrated with the development.

4.8.4 Parking areas, including car parking bays, disabled bays, bicycle and scooter / motorcycle bays, loading bays, vehicle access, pedestrian circulation areas, landscaped areas adjacent to and within car parking areas, shall be designed and constructed in accordance with relevant Australian Standards, any applicable local planning policy or any other standard endorsed by the local government, and thereafter maintained.

4.8.5 A travel plan is required for the following types of development:

(a) office premises (including medical centre and the like) of 500m2 GFA or more;

(b) industrial premises of 1,000m2 GFA or more;

(d) 20 or more tourist or short-stay accommodation units; or

(e) an extension to an existing development that increases the GFA or number of units as above.

4.8.6 Where a particular parking requirement for a use class is not specified in Schedule 5, the local government shall determine the number of car parking bays, scooter / motorcycle bays, bicycle parking areas and end of trip facilities, to be provided having regard to the:

(a) nature of the proposed development;

(b) number of employees and visitors/clients to be associated with the development; and

4.8.7 When considering an application for development approval, the local government shall have regard to, and may impose conditions on, the location and design of the required parking spaces. In particular, the local government shall take into account and may impose conditions concerning:

(a) the extent to which car parking spaces are located within required building setback areas;

(b) the location of proposed public footpaths, vehicular crossing, or private footpaths within the lot, and the effect on both pedestrian and vehicular traffic movement and safety; and

4.8.8 The local government may permit land uses to share or combine parking facilities, and may approve a reduction in the total parking requirement provided it is satisfied:

(a) no conflict will occur as a result of the joint use of the parking facilities;

(b) the peak demands for parking bays from the individual land uses do not coincide; and City of Greater Geraldton Local Planning Scheme No. 1 21 Rev 5 – December 2014

4.8.9 Where the local government permits the joint use of parking facilities, it shall require the landowners involved to prepare a suitable legal agreement registered on the property title to ensure reciprocal rights of access exist and the use of the parking facilities can be maintained. 4.9 Cash-in-lieu for parking requirements

4.9.1 If the local government is satisfied that adequate parking exists or is to be provided in close proximity to a proposed development, notwithstanding requirements of this Scheme and any applicable local planning policy, it may accept a cash payment in lieu of the provision of any or all types of parking spaces as required under clause 4.8.

4.9.2 The cash-in-lieu payment shall be:

(a) the estimated cost to the developer of providing and constructing parking spaces as required under clause 4.8; and

(b) 100% of the land value, as estimated by the local government based on valuation advice by a licensed valuer, of that total area of land which would have been occupied by the parking spaces as required under clause 4.8, or such lesser proportion of the land value as set out in any relevant local planning policy.

4.9.3 Payments under this clause shall be deposited into a parking fund to be used as expenditure on improvements towards car parking, public transport, pedestrian access, cycling facilities and infrastructure by the local government, especially where these will reduce the demand for parking. 4.10 Development of lots abutting unconstructed roads

4.10.1 Notwithstanding any other provisions of this Scheme, development approval is required for development of land abutting an unconstructed road or a lot which does not have frontage to a gazetted road.

4.10.2 In considering an application the local government shall, in addition to the general matters set out in clause 12.2, give particular consideration to:

(a) any alternative legal means of access to the lot;

(b) the quality of any unconstructed road access provided to the lot;

(d) the type and quantity of traffic expected to be generated by the proposed development.

4.10.3 In considering such an application pursuant to clause 12.3 the local government is to either:

(a) refuse the application until the road has been constructed or access by means of a constructed road is provided as the case may be;

(b) grant the application subject to a condition requiring the applicant to pay a sum of money in or towards payment of the cost or estimated cost of construction of the road or part thereof; or

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(c) require such other arrangements are made for permanent access to the satisfaction of the local government. 4.11 Development height

4.11.1 Unless otherwise approved by the local government, no development shall be constructed to exceed the height limits of the Geraldton Airport Obstacle Limitation Surface or this Scheme.

4.11.2 In considering an application that proposes development to exceed height limits, the local government shall have regard to:

(a) the practical need for development to exceed height limits;

(b) any conflict with the Geraldton Airport Obstacle Limitation Surface, having regard to consultation with the Civil Aviation Safety Authority; and

(c) whether the proposed development may have a detrimental effect on nearby/adjoining properties. 4.12 Home business and home occupations

An approval to conduct a home business or home occupation is issued to a specific occupier of a particular parcel of land. It shall not be transferred or assigned to any other person and shall not be transferred from the land in respect of which it was granted. Should there be a change of the occupier of the land in respect of which a home business or home occupation approval is issued the approval is no longer valid. 4.13 Caretaker’s dwellings

4.13.1 Only one caretaker’s dwelling is permitted on a lot and shall be on the same lot as the associated non-residential use.

4.13.2 A caretaker’s dwelling is to have a total floor area that does not exceed 100m2 measured from the external face of walls.

4.13.3 Open verandahs must not be enclosed by any means unless the total floor area remains within the 100m2 as per clause 4.13.2.

4.13.4 The use of a caravan as a caretaker’s dwelling is not permitted.

4.13.5 A caretaker’s dwelling shall be occupied by the owner, manager or an employee of the use that is established on the land.

4.13.6 The local government will not support the subdivision or development of land that will:

(a) allow a caretaker’s dwelling to be sold separately from the predominant use of the land; or

(b) restrict the future potential use of the land. 4.14 Landscaping

4.14.1 Landscaping shall be provided and thereafter maintained in accordance with this Scheme and any applicable local planning policy.

4.14.2 A landscape management plan, which details the retention of proposed landscaping and retention of remnant vegetation or trees, may be required as a condition of development approval for development.

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4.15 Development relating to waterways, creeks and other watercourses

Notwithstanding any other provisions of this Scheme, developments the subject of an application for development approval under this Scheme that:

(a) reduce or are likely to reduce the natural flow of any creek or watercourse; or

(b) direct any stormwater, other water or liquid from any source to any creek, watercourse or wetland,

will only be permitted where it can be demonstrated, to the satisfaction of the local government, that there will be no adverse impacts on the creek, watercourse or wetland and/or environment of the area within which the development is proposed.

4.16 Protection of wetlands

4.16.1 The local government may require wetlands and their fringing vegetation to be preserved and protected from pollution, destruction and inappropriate use and management.

4.16.2 Any wetland which is identified for protection under a policy of the Environmental Protection Authority shall be preserved and protected in accordance with any conditions imposed by the local government or the Environmental Protection Authority. 4.17 Caravan parks

The local government may require a local development plan to be prepared and approved in accordance with Part 9 prior to determining an application for development approval for, or within, a caravan park. The purpose of the local development plan shall be to indicate the overall development for the caravan park. 4.18 Relocated buildings

4.18.1 Notwithstanding any other provisions of this Scheme the development approval of the local government is required for any development utilising a relocated building.

4.18.2 The local government may impose conditions to ensure the external appearance of the relocated building is of an acceptable standard.

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PART 5 - SPECIAL CONTROL AREAS

5.1 Special control areas

5.1.1 Special control areas are marked on the Scheme Map according to the legend on the Scheme Map.

5.1.2 The additional provisions that apply in respect of a special control area are in addition to the provisions that apply to any underlying zone or reserve and to the general provisions of this Scheme.

5.1.3 All development/land use in a special control area, shall be subject to a requirement for development approval and shall be subject to the discretion of the local government, notwithstanding that the use may be designated a P use under this Scheme. 5.2 Moresby range (SCA 1)

5.2.1 Purpose and objectives

The Moresby range is a prominent feature in the Geraldton region. It has high landscape values and forms a significant landscape backdrop to the Geraldton urban area. Indigenous and non-indigenous cultures have recognised the importance of the range’s conservation value and its potential to become a unique recreational and environmental asset to the region. Objectives are therefore to:

(a) protect, conserve and enhance the natural and cultural values of the range.

(b) improve public access and recreational opportunities.

(c) ensure that land use, development and infrastructure are sited and designed to complement the landscape qualities of the range and reduce their overall impact.

(d) ensure that buildings and both public and private roads are sited and designed to have minimal impact on views of the range.

(e) minimise and manage the impact of mineral extraction, infrastructure and service corridors on the landscape, visual and conservation values of the range.

5.2.2 Relevant considerations

5.2.2.1 In considering any application for development approval, scheme amendment request, structure plan or subdivision application, and in addition to matters listed in clause 12.2 the local government shall have regard to:

(a) the Moresby Range Management Strategy;

(b) the Moresby Range Management Plan; and

5.2.2.2 There is a presumption against the rezoning of land within SCA 1 for more intensive land uses unless identified in strategic documents endorsed by the local government or the Commission.

5.2.2.3 Subdivision applications for land within SCA 1 will generally not be supported by the local government, unless in accordance with State

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Planning Policy 2.5 Land Use Planning in Rural Areas, or the land is appropriately zoned and development is in accordance with a structure plan approved under Part 8 of this Scheme. 5.3 Narngulu wastewater treatment plant (SCA 2)

5.3.1 Purpose and objectives

Buffers to treatment plants, in addition to providing protection to treatment plants, can also provide opportunities for locating a range of land uses that provide multiple economic, environmental and social benefits. Objectives are therefore to:

(a) minimise land use conflict.

(b) provide for compatible and beneficial land uses within the buffer.

5.3.2 Relevant considerations

(a) the Water Corporation’s advice in relation to compatible and beneficial land uses for buffers; and

(b) the potential odour impact of the wastewater treatment plant and whether the proposal is compatible with the existing and proposed future use of the plant. 5.4 Geraldton airport (SCA 3)

5.4.1 Purpose and objectives

The Geraldton airport is an essential component of regional transport infrastructure and an integral part of the State aviation infrastructure network. Objectives are therefore to:

(a) protect against developments that are incompatible with continuing airport operations.

(b) control noise sensitive development that has the potential to impact on the capacity of the airport.

5.4.2 Relevant considerations

(a) the Geraldton Airport Master Plan;

(b) the general presumption against rezoning of land for incompatible land uses unless identified in the local planning strategy;

(c) subdivision applications will not be supported by the local government that create the potential for additional residential development and intensification of incompatible land use unless in accordance with a structure plan or the local planning strategy;

(d) the requirements of the Obstacle Height Limitation Surface Area;

(e) the local government may require the preparation of a plan containing building envelopes or building exclusion areas at either the development or City of Greater Geraldton Local Planning Scheme No. 1 26 Rev 5 – December 2014

subdivision stage for lots that are partly located within SCA 3, requiring that habitable buildings shall only be located outside SCA 3;

(f) the local government will require at either the development or subdivision stage that lots within, or partly within, SCA 3, shall have appropriate notifications lodged on the titles to advise people that the lot(s) are in the vicinity of the Geraldton airport and may now, or in the future, be affected by aircraft noise; and

(g) any proposed development is required to address noise attenuation in accordance with the relevant Australian Standard. 5.5 Meru waste disposal facility (SCA 4)

5.5.1 Purpose and objectives

The Meru waste disposal facility is a Class III landfill site and as such is capable of accepting contaminated soil wastes. Objectives are therefore to:

(a) avoid conflict with sensitive land uses.

(b) provide for the provision of essential infrastructure in a way that maximises amenity, minimises environmental and health impacts and takes account of risk to nearby sensitive land uses.

5.5.2 Relevant considerations

In considering any application for development approval, scheme amendment request, structure plan or subdivision application, and in addition to matters listed in clause 12.2 the local government shall have regard to the need to protect the facility from encroachment by those uses that would be sensitive to impacts and adversely impact the efficient operations.

5.6 Greenough flats (SCA 5)

5.6.1 Purpose and objectives

The Greenough ‘front’ flats comprises the floodplain of the Greenough River and is defined by the flat agricultural landscape, bounded by the coastal (Quindalup) dunes and the back (Tamala) dunes. The landscape features inclusive of the heritage places, cleared agricultural setting and vegetation (including the leaning trees) are highly valued by the community and contribute to the visual character. Objectives are therefore to:

(a) retain the rural, cultural and heritage character of the area.

(b) ensure that development is located and designed in such a way as to maintain the general rural character and retain the prominence of heritage structures and the integrity of their settings.

(c) retain and where possible enhance, the experience of travelling along Brand Highway and being able to view the dune face in a continuous manner as a natural feature that dominates the landscape.

5.6.2 Relevant considerations

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(a) the rural character, heritage values and management requirements for listed heritage places;

(b) the Design Guidelines and Key Findings for Managing Landscape Character sections of the Dongara to Cape Burney Visual Landscape Assessment (WAPC 2011);

(c) the general presumption against rezoning of land for more intensive land uses. The local government may consider supporting subdivision applications within SCA 5 in accordance with clause 3.12.2.1; and

(d) development within SCA 5 may be subject to increased setbacks from the Brand Highway and a heritage place listed on a heritage list. 5.7 Flood prone area (SCA 6)

5.7.1 Purpose and objectives

The Department of Water produces floodplain mapping of rivers and major watercourses that are affected by a 100 year average recurrence interval (ARI) flood. The 100 year ARI flood level is expected to occur, on average, once every 100 years. Floods higher than this level will occur but, on average, will be less frequent. Objectives are therefore to:

(a) protect future development from major flooding.

(b) ensure land use minimises flood risk and damage costs.

(c) ensure that proposed floodplain development has adequate flood protection and does not impact on the existing flood regime of the area.

Note: The designation of particular parts of the district as flood prone areas should not be interpreted to imply that areas outside the designated areas are necessarily free from risk associated with flood or extreme rainfall events.

5.7.2 Relevant considerations

(a) any detailed hydraulic modelling of development scenarios for assessment by the Department of Water; and

(b) building levels within the floodplain achieving the recommended minimum floor level of at least 500 mm above the relevant 100 year ARI flood level for the location having regard to advice from the Department of Water. 5.8 South Greenough to Cape Burney coastal planning strategy (SCA 7)

5.8.1 Purpose and objectives

This part of the coastline is rich in ecological, socio-economic and heritage values with its sandy beaches, high dune ridges and productive farmland. It is under increasing pressure from human activity, conflicting user demands and accelerated climate change. Objectives are therefore to:

(a) conserve and enhance the natural environment, biological diversity and distinctive landscape of the coast.

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(b) enhance the area as a place to live and visit, promote low key and low-scale development that complements the landscape of the area, and encourage a range of tourism accommodation options.

(d) enable the economic potential of appropriate tourism and agriculture production of the coast through future planned land use change.

5.8.2 Relevant considerations

(a) the South Greenough to Cape Burney Coastal Planning Strategy; and

(b) the Design Guidelines and Key Findings for Managing Landscape Character sections of the Dongara to Cape Burney Visual Landscape Assessment (WAPC 2011).

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PART 6 - LOCAL PLANNING FRAMEWORK

6.1 Local planning strategy

Where a local planning strategy for the Scheme area has been prepared by the local government in accordance with the Planning and Development (Local Planning Schemes) Regulations 2014 Part 3 the local planning strategy sets out the long-term planning directions for the Scheme area. 6.2 Local planning policies

6.2.1 The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

6.2.2 A local planning policy:

(a) may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b) may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

6.2.3 A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

6.2.4 The local government may amend or revoke a local planning policy.

6.2.5 In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme. 6.3 Procedure for making or amending a local planning policy

6.3.1 If the local government resolves to prepare a local planning policy, the local government must advertise the proposed policy as follows:

(a) publish a notice of the proposed policy once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area, giving details of:

(i) the subject and nature of the proposed policy; and

(ii) the objectives of the proposed policy; and

(iii) where the proposed policy may be inspected; and

(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b) if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c) give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

6.3.2 The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the last day the notice of the policy is published under clause 6.3.1(a).

6.3.3 After the expiry of the period within which submissions may be made, the local government must: City of Greater Geraldton Local Planning Scheme No. 1 30 Rev 5 – December 2014

(a) review the proposed policy in light of any submissions made; and

(b) resolve to:

(i) adopt the policy with or without modification; or

(ii) not to proceed with the policy.

6.3.4 If the local government resolves to adopt the policy, the local government must publish notice of the policy once in a newspaper circulating in the Scheme area.

6.3.5 A policy has effect on publication of a notice under clause 6.3.4.

6.3.6 The local government must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government.

6.3.7 Clauses 6.3.1 to 6.3.6, with any necessary changes, apply to the amendment of a local planning policy. 6.4 Revocation of local planning policy

6.4.1 A local planning policy may be revoked:

(a) by a subsequent local planning policy that:

(i) is prepared in accordance with this Part; and

(ii) expressly revokes the local planning policy;

(b) by a notice of revocation:

(i) prepared by the local government; and

(ii) published once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area. 6.5 Local planning policies made under previous schemes

Where a local planning policy has been adopted and was operative at the date of the gazettal of this Scheme, the policy shall continue to have force and effect until such time as it is amended or revoked by actions taken by the local government in accordance with the provisions of this Part.

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PART 7 - HERITAGE PROTECTION

7.1 Terms used

In this Part:

heritage area means an area designated as a heritage area under clause 7.3.

heritage list means a heritage list established under clause 7.2.1.

place has the meaning given in the Heritage of Western Australia Act 1990 section 3(1).

Note: The purpose of this Part is to provide for the identification of places and areas of heritage value so that development in this Scheme can, as far as possible, be consistent with the conservation of the heritage values.

7.2 Heritage list

7.2.1 The local government must establish and maintain a heritage list to identify places within the Scheme area that are of cultural heritage significance and worthy of conservation.

7.2.2 The heritage list must:

(a) set out a description of each place and the reason for its entry in the heritage list; and

(b) be available, with the Scheme documents, for public inspection during business hours at the offices of the local government.

7.2.3 Unless otherwise provided in this Scheme, an inventory complied by the local government under the Heritage of Western Australia Act 1990 section 45 is the heritage list for the Scheme area.

7.2.4 The local government must not enter a place in, or remove a place from, the heritage list or modify the entry of a place in the heritage list unless the local government:

(a) notifies in writing the owner and occupier of the place and provides each of them with a description of the place and the reasons for the proposed entry; and

(b) invites each owner and occupier to make submissions on the proposal within 21 days of the day the notice is served; and

(d) following any consultation and consideration of the submissions made on the proposal, resolves that the place be entered in the heritage list with or without modification, or that the place be removed from the heritage list.

7.2.5 If the local government enters a place in the heritage list or modifies an entry of a place in the heritage list the local government must give notice of the entry or modification to:

(a) the Heritage Council of Western Australia; and

(b) each owner and occupier of the place.

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7.3 Designation of heritage areas

7.3.1 If, in the opinion of the local government, special planning control is needed to conserve and enhance the cultural heritage significance and character of an area to which this Scheme applies, the local government may, by resolution, designate that area as a heritage area.

7.3.2 If the local government designates an area as a heritage area the local government must adopt for the area a local planning policy that sets out the following:

(a) a map showing the boundaries of the heritage area;

(b) a record of places of heritage significance in the heritage area; and

7.3.3 The local government must not designate an area as a heritage area unless the local government:

(a) notifies in writing each owner of land affected by the proposed designation and provides the owner with a copy of the proposed local planning policy for the heritage area; and

(b) advertises the proposed designation by:

(i) publishing a notice of the proposed designation once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area; and

(ii) erecting a sign giving notice of the proposed designation in a prominent location in the area that would be affected by the designation; and

(iii) any other methods the local government considers appropriate to ensure widespread notice of the proposal;

and

7.3.4 Notice of a proposed designation under clause 7.3.3(b) must specify:

(a) the area subject of the proposed designation; and

(b) where the proposed local planning policy for the proposed heritage area may be inspected; and

7.3.5 The period for making submissions in relation to the designation of an area as a heritage area must not be less than a period of 21 days commencing on the last day the notice of the proposed designation is published under clause 7.3.3(b).

7.3.6 After the expiry of the period within which submissions may be made, the local government must:

(a) review the proposed designation in the light of any submissions made; and

(b) resolve to adopt the designation with or without modification, or not to proceed with the designation.

7.3.7 If the local government designates an area as a heritage area the local government must give notice of the designation to:

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(a) the Heritage Council of Western Australia; and

(b) each owner of land affected by the designation.

7.3.8 The local government may modify or revoke a designation of a heritage area.

7.3.9 Clauses 7.3.3 to 7.3.7 apply, with any necessary changes, to the amendment to a designation of a heritage area. 7.4 Heritage assessment

Despite any existing assessment on record, the local government may require a heritage assessment to be carried out prior to the approval of any development proposed in a heritage area or in respect of a heritage place listed on a heritage list.

7.5 Variations to local planning scheme provisions for heritage purposes

7.5.1 The local government may vary any site or development requirement specified in this Scheme to:

(a) facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990 or listed in a heritage list; or

(b) enhance or preserve heritage values in a heritage area.

7.5.2 A variation under clause 7.5.1 may be unconditional or subject to any conditions the local government thinks fit.

7.5.3 If the local government is of the opinion that the variation of site or development requirements is likely to affect any owners or occupiers in the general locality of the place or the heritage area the local government must:

(a) consult the affected parties by following one or more of the provisions for advertising under clause 11.4; and

(b) have regard to any expressed views prior to making its determination to vary the site or development requirements under this clause.

7.6 Heritage conservation notice

7.6.1 In this clause:

heritage conservation notice means a notice given under clause 7.6.2.

heritage place means a place that is on the heritage list or located in a heritage area.

properly maintained in relation to a heritage place, means maintained in a way that ensures that there is no actual or potential loss or deterioration of:

(a) the structural integrity of the heritage place; or

(b) an interior or exterior element of the heritage place that is integral to the character of the heritage place.

7.6.2 If the local government forms the view that a heritage place is not being properly maintained the local government may give to a person who is the owner or occupier of the heritage place a written notice requiring the person to carry out specific repairs to the heritage place by a specified time, being a time that is not less than 60 days after the day on which the notice is given.

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7.6.3 If a person fails to comply with a heritage conservation notice, the local government may enter the heritage place and carry out the repairs specified in the notice.

7.6.4 The expenses incurred by the local government in carrying out repairs under clause 7.6.3 may be recovered as a debt due from the person to whom the notice was given in a court of competent jurisdiction.

7.6.5 The local government may:

(a) vary a heritage conservation notice to extend the time for carrying out the specified repairs; or

(b) revoke a heritage conservation notice.

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PART 8 - STRUCTURE PLANS

8.1 Terms used

In this Part:

approved structure plan means a structure plan approved by the Commission under clause 12.7 as varied from time to time under this Part;

structure plan means a plan for the coordination of subdivision and development of an area of land. 8.2 When structure plan may be prepared

A structure plan in relation to an area of land in the Scheme area may be prepared if:

(a) the area is identified in this Scheme as an area requiring a structure plan to be prepared before any future subdivision or development is undertaken; or

(b) a State planning policy requires a structure plan to be prepared for the area; or

(c) the Commission considers that a structure plan for the area is required for the purposes of orderly and proper planning. 8.3 Preparation of structure plan

8.3.1 A structure plan must:

(a) be prepared in a manner and form approved by the Commission; and

(b) include any maps or other material required by the Commission; and

(i) the key attributes and constraints of the area covered by the structure plan including the natural environment, landform and the topography of the area;

(ii) the planning context for the area covered by the structure plan and the neighbourhood and region within which the area is located;

(iii) the major land uses proposed by the structure plan;

(iv) estimates of the future number of lots in the area covered by the structure plan and the extent to which the plan provides for dwellings, retail floor space or other land uses;

(v) the expected population and employment impacts of the plan;

(vi) the extent to which the plan provides for the coordination of key transport and other infrastructure; and

(vii) the extent to which the plan is consistent with this Scheme and requirements for development approval in the Scheme area.

8.3.2 The local government may prepare a structure plan in the circumstances set out in clause 8.2.

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8.3.3 A person may make an application to the local government for a structure plan prepared by the person in the circumstances set out in clause 8.2 to be assessed and advertised if the person is:

(a) a person who is the owner of any or all of the land in the area to which the plan relates; or

(b) an agent of a person referred to in clause 8.3.3(a).

8.3.4 An application for a structure plan to be assessed and advertised must be accompanied by the fee for the application prescribed under the Planning and Development Regulations 2009. 8.4 Local government consideration of application

8.4.1 On receipt of an application for a structure plan to be assessed and advertised, the local government must:

(a) forward a copy of the application and all accompanying material to the Commission within 14 days of receipt;

(b) consider the material provided by the applicant and advise the applicant in writing if:

(i) the structure plan complies with clause 8.3.1; or

(ii) further information is required from the applicant before the structure plan can be accepted for assessment and advertising.

8.4.2 If the local government has not provided written advice to the applicant within 7 days of receipt of an application the structure plan is to be taken to have been accepted for assessment and advertising. 8.5 Advertising structure plan

8.5.1 If the local government prepares a structure plan or accepts an application for a structure plan to be assessed and advertised, the local government must:

(a) advertise the structure plan in accordance with clause 8.5.2; and

(b) seek comments in relation to the structure plan from any public authority or utility service provider that the local government considers appropriate.

8.5.2 The local government must advertise the structure plan in one or more of the following ways:

(a) by giving notice of the proposed structure plan to owners and occupiers who, in the opinion of the local government, are likely to be affected by the approval of the structure plan, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days from the day the notice is given to the person;

(b) by publishing a notice of the proposed structure plan in a newspaper circulating in the Scheme area including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days from the day the notice is published;

(c) by publishing a notice of the proposed structure plan by electronic means in a form approved by the CEO including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days from the day the notice is published;

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(d) by erection of a sign or signs in a conspicuous place on the land the subject of the proposed structure plan giving notice of the proposed plan for a period of not less than 14 days and not more than 28 days from the day the sign is erected.

8.5.3 The local government must make a structure plan advertised under clause 8.5.2 and the material accompanying it available for public inspection during business hours at the offices of the local government.

8.5.4 Pursuant to clause 8.5.3, the local government may make plans available by:

(a) the reproduction and communication of plans on the local government’s website; and

(b) the reproduction and communication of plans to nearby owners or occupiers that were notified pursuant to clause 8.5.2(a). 8.6 Local government report to Commission

8.6.1 The local government:

(a) must consider all submissions made to the local government within the period specified in a notice advertising a proposed structure plan; and

(b) may consider submissions made to the local government after that time; and

(c) must prepare a report on the proposed structure plan including a list of the submissions considered by the local government and the local government’s recommendations in respect of those submissions.

8.6.2 The local government must endorse the report on the proposed structure plan no later than 90 days after the end of the period for making submissions or at a later time agreed by the Commission.

8.6.3 Within 7 days of endorsing a report on a proposed structure plan the local government must provide the report to the Commission.

8.6.4 The report on the proposed structure plan must be in a form approved by the Commission. 8.7 Decision of Commission

8.7.1 On receipt of a report on a proposed structure plan, the Commission must consider the proposed structure plan and the report and:

(a) approve the structure plan; or

(b) require the person who prepared the structure plan to, within 28 days or a longer period specified by the Commission:

(i) modify the plan in the manner specified by the Commission; and

(ii) resubmit the modified plan to the Commission for approval; or

8.7.2 If the Commission is not given a report on a proposed structure plan in accordance with clause 8.6, the Commission may make a decision on the proposed structure plan under clause 8.7.1 in the absence of the report.

8.7.3 The Commission is to be taken to have refused to approve a structure plan if the Commission has not make a decision under clause 8.7.1 within 90 days of the day

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on which the local government provides the report to the Commission or a longer period agreed in writing between the Commission, the local government and, if relevant, the person who prepared the proposed structure plan.

8.7.4 Despite clause 8.7.3, the Commission may decide whether or not to approve a structure plan, and may give to the person who prepared the structure plan written notice of its decision, after the period applicable under clause 8.7.3 has expired, and the validity of the decision is not affected by the expiry. 8.8 Further services from local government

8.8.1 The Commission may, at any time after a copy of an application is received by the Commission under clause 8.4.1(a), direct the local government to give to the Commission either or both of the following services in connection with the application:

(a) technical advice and assistance;

(b) information in writing.

8.8.2 The direction must be in writing and must specify:

(a) the services required; and

(b) the time within which the local government must comply with the direction.

8.8.3 If a local government fails to comply with a direction given to it under clause 8.8.1, the Commission may take reasonable steps to obtain the services referred to in the direction on its own behalf.

8.8.4 All costs incurred by the Commission in the exercise of the power conferred by clause 8.8.3 may be recovered from the local government as a debt due to the Commission. 8.9 Review

A person who prepared a structure plan may apply to the State Administrative Tribunal for a review, in accordance with the Planning and Development Act 2005 Part 14, of a decision by the Commission not to approve the structure plan or to approve the structure plan with modifications. 8.10 Publication of approved structure plan

If the Commission approves a structure plan the Commission must publish the structure plan in any manner the Commission considers appropriate. 8.11 Effect of approved structure plan

A decision maker for an application for development approval or subdivision approval in respect of an area that is covered by an approved structure plan is to take into account the structure plan when deciding the application to the extent that the structure plan is consistent with this Scheme. 8.12 Duration of approval

8.12.1 The approval of a structure plan has effect for a period of 10 years commencing on the day the Commission approves the plan, or another period determined by the Commission, unless:

(a) the Commission earlier revokes its approval; or

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(b) a new local planning scheme that covers the area to which the structure plan relates takes effect in accordance with section 87 of the Act.

8.12.2 The Commission may, in accordance with this Part, approve a structure plan in the same terms as a structure plan for which the approval has expired under clause 8.12.1.

8.12.3 Despite clause 8.12.2, the local government may decide not to advertise a structure plan that is in the same terms as a structure plan for which the approval has expired under clause 8.12.1. 8.13 Variation of approved structure plan

8.13.1 An approved structure plan may be varied by the Commission at the request of the local government or a person who owns land in the area covered by the plan.

8.13.2 This Part, with any necessary changes, applies in respect of a variation to an approved structure plan.

8.13.3 Despite clause 8.13.2, the local government may decide not to advertise a variation to an approved structure plan if, in the opinion of the local government, the variation is of a minor nature.

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PART 9 - LOCAL DEVELOPMENT PLANS

9.1 Terms used

In this Part:

approved local development plan means a local development plan approved under clause 9.5 as varied from time to time under this Part;

local development plan means a plan setting out specific and detailed guidance for a development or subdivision. 9.2 When local development plan may be prepared

A local development plan in relation to an area of land in the Scheme area may be prepared if:

(a) the Commission has identified the preparation of a local development plan as a precondition to a subdivision application; or

(b) a structure plan requires a local development plan to be prepared for the area; or

(c) the local government considers that a local development plan is required for the purposes of orderly and proper planning. 9.3 Preparation of local development plan

9.3.1 A local development plan must:

(a) be prepared in a manner and form approved by the Commission; and

(b) include any maps or other material required by the local government; and

(i) the standards to be applied for the buildings, other structures and works that form part of the development or subdivision to which it applies;

(ii) arrangements for the management of services for the development or subdivision;

(iii) the provisions to be made for vehicles to access the area covered by the local development plan;

(iv) the extent to which the plan is consistent with this Scheme and requirements for development approval in the Scheme area.

9.3.2 A local development plan may be prepared by:

(a) the local government; or

(b) a person who is the owner of any or all of the land in the area to which the plan relates; or

9.4.1 The local government must advertise a local development plan in one or more of the following ways:

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(a) by giving notice of the proposed plan to owners and occupiers who, in the opinion of the local government, are likely to be affected by the approval of the plan, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day the notice is given to the person;

(b) by publishing a notice of the proposed plan in a newspaper circulating in the Scheme area including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day the notice is published;

(c) by publishing a notice of the proposed plan by electronic means in a form approved by the CEO including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day the notice is published;

(d) by erection of a sign or signs in a conspicuous place on the land the subject of the proposed plan giving notice of the proposed plan for a period of not less than 14 days from the date the sign is erected including on each sign a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the sign is erected.

9.4.2 Despite clause 9.4.1 the local government may decide not to advertise a local development plan if the local government is satisfied that the plan is not contentious or if the likely effect of the plan on the amenity of owners or occupiers is minimal.

9.4.3 The local government must make a local development plan advertised under clause 9.4.1 and the material accompanying it available for public inspection during business hours at the offices of the local government.

9.4.4 Pursuant to clause 9.4.3, the local government may make plans available by:

(a) the reproduction and communication of plans on the local government’s website; and

(b) the reproduction and communication of plans to nearby owners or occupiers that were notified pursuant to clause 9.4.1(a).

9.4.5 The local government:

(a) must consider all submissions in relation to a local development plan made to the local government within the period specified in a notice advertising a proposed local development plan; and

(b) may consider submissions in relation to a local development plan made to the local government after that time. 9.5 Decision of local government

9.5.1 Following consideration of a proposed local development plan, including any amendments made to the plan to address matters raised in submissions, the local government must:

(a) approve the local development plan; or

(b) require the person who prepared the local development plan to modify the plan in the manner specified by the local government before the plan is resubmitted to the local government for approval; or

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9.5.2 The local government is to be taken to have refused to approve a local development plan if the local government has not made a decision under clause 9.5.1:

(a) if the plan was advertised – within the period of 60 days of the closing day for submissions to be made in relation to the plan; or

(b) if the plan was not advertised – within the period of 60 days after the resolution not to advertise the plan was made by the local government; or

(c) if the plan has been prepared by a person other than the local government – a longer period agreed in writing between the local government and the person.

9.5.3 Despite clause 9.5.2, the local government may decide whether or not to approve a local development plan, and may give to the person who prepared the local development plan written notice of its decision, after the period applicable under clause 9.5.2 has expired and the validity of the decision is not affected by the expiry. 9.6 Review

A person who prepared a local development plan may apply to the State Administrative Tribunal for a review, in accordance with the Planning and Development Act 2005 Part 14, of a decision by the local government not to approve the local development plan or to approve the plan with modifications. 9.7 Publication of approved local development plan

If the local government approves a local development plan the local government must publish the approved local development plan on the website of the local government. 9.8 Effect of approved local development plan

Development approval is not required for a single house, ancillary dwelling or outbuilding that is in accordance with an approved local development plan. 9.9 Duration of approval

9.9.1 The approval of a local development plan has effect for a period of 10 years commencing on the day the local government approves the plan, or another period determined by the local government, unless the local government earlier revokes its approval.

9.9.2 The local government may, in accordance with this Part, approve a local development plan in the same terms as a local development plan for which the approval has expired under clause 9.9.1.

9.9.3 Despite clause 9.9.2, the local government may decide not to advertise a local development plan that is in the same terms as a local development plan for which the approval has expired under clause 9.9.1. 9.10 Variation of approved local development plan

9.10.1 An approved local development plan may be varied by the local government.

9.10.2 A person who owns land in the area covered by the plan may request the local government to vary the plan.

9.10.3 This Part, with any necessary changes, applies in respect of a variation to an approved local development plan.

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9.10.4 Despite clause 9.10.3, the local government may decide not to advertise a variation to a local development plan if, in the opinion of the local government, the variation is of a minor nature.

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PART 10 - REQUIREMENT FOR DEVELOPMENT APPROVAL

10.1 Requirement for development approval

A person must not commence or carry out any works on, or use, land that is zoned or reserved under this Scheme unless:

(a) the person has obtained the development approval of the local government under Part 11; or

(b) the development is of a type referred to in clause 10.2.

Note: 1. Development includes the erection, placement and display of any advertisements. 2. Approval to commence development may also be required from the Commission if the land is subject to a region planning scheme.

10.2 Development for which development approval not required

10.2.1 Unless otherwise provided in this Scheme, development approval of the local government is not required for the following

(a) development on a regional reserve under a region planning scheme;

Note: Approval may be required from the Commission for development on a regional reserve under a region planning scheme.

(b) the carrying out of internal building work which does not materially affect the external appearance of the building unless the work is on a building that is:

(i) located in a place that is entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under the Heritage of Western Australia Act 1990 Part 6; or

(iii) included on a heritage list prepared in accordance with this Scheme; or

(iv) located within an area designated under this Scheme as a heritage area;

(c) the erection or extension of a single house, ancillary dwelling, outbuilding, external fixture, patio, pergola, veranda or swimming pool on a lot if the development satisfies the deemed-to-comply requirements of the R-Codes and is in accordance with a local development plan that applies to the development, unless the development is located in a place that is:

(i) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under the Heritage of Western Australia Act 1990 Part 6; or

(iii) included on a heritage list prepared in accordance with this Scheme; or

(iv) located within an area designated under this Scheme as a heritage area;

(d) the demolition of any building or structure except where the building or structure is:

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(i) located in a place that is entered in the Register of Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under the Heritage of Western Australia Act 1990 Part 6; or

(iii) included on a heritage list prepared in accordance with this Scheme; or

(iv) located within an area designated under this Scheme as a heritage area;

(e) the use of premises as a home office;

(f) temporary works or a use which is in existence for less than 48 hours or a longer period agreed by the local government;

(g) the temporary erection or installation of an advertisement if:

(i) the advertisement is erected or installed in connection with an election, referendum or other poll conducted under the Commonwealth Electoral Act 1918 (Commonwealth), the Electoral Act 1907 or the Local Government Act 1995; and

(ii) the primary purpose of the advertisement is for political communication in relation to the election, referendum or poll;

(h) the erection or installation of an advertisement of a class approved in writing by the local government unless the advertisement is to be erected or installed:

(i) on a place included on a heritage list prepared in accordance with this Scheme; or

(ii) on land within an area designated under this Scheme as a heritage area;

(i) any other development specified in writing by the local government.

Note: The Planning and Development Act 2005 section 157 2005 applies in respect of the carrying out of work necessary to enable the subdivision of land if the Commission has approved the plan of subdivision.

10.2.2 Despite clause 10.2.1 development approval may be required for certain works carried out in a bushfire prone area. 10.3 Amending or revoking development approval

10.3.1 An owner of land in respect of which development approval has been granted by the local government may apply for the local government to do any or all of the following:

(a) to amend the approval so as to extend the period within which any development approved must be substantially commenced;

(b) to amend or delete any condition to which the approval is subject;

(c) to amend an aspect of the development approval which, if amended, would not substantially change the development approved;

(d) to cancel the approval.

10.3.2 An application under clause 10.3.1(b) or (c) may be made during or after the period within which the development approved must be substantially commenced. City of Greater Geraldton Local Planning Scheme No. 1 46 Rev 5 – December 2014

10.3.3 This Part applies to an application under clause 10.3.1(a), (b) or (c) as if the application were an application for development approval.

10.3.4 Despite clause 10.3.3, the local government may waive or vary a requirement in this Part in respect of an application if the local government is satisfied that the application relates to a minor amendment to the development approval.

10.3.5 The local government may determine an application under clause 10.3.1 by:

(a) approving the application with or without conditions; or

(b) refusing the application.

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PART 11 - APPLICATIONS FOR DEVELOPMENT APPROVAL

11.1 Terms used

In this Part:

owner, in relation to freehold land, means:

(a) the person referred to in the definition of owner in relation to freehold land in Schedule 1; and

(b) a strata company that is authorised by a management statement registered under the Strata Titles Act 1985 section 5C to make an application for development approval in respect of the land; and

(c) a person who is authorised under another written law to make an application for development approval in respect of the land; and

(d) an agent of a person referred to in clause 11.1(a); and

(e) if the land is a reserve, a person in whom the land is vested. 11.2 Form of application

11.2.1 An application for development approval must:

(a) be made in the form of the “Application for development approval” set out in Schedule 7; and

(b) be signed by the owner of the land on which the proposed development is to be located: and

(c) be accompanied by any fee for an application of that type set out in the Planning and Development Regulations 2009 or prescribed under the Local Government Act 1995; and

(d) be accompanied by the plans and information specified in clause 11.3.

11.2.2 An application for development approval for the erection, placement or display of an advertisement must be accompanied by sufficient information to determine the application in the form of the “Additional information for development approval for advertisements” set out in Schedule 8.

Note: The Interpretation Act 1984 section 74 provides for circumstances in which deviations from a prescribed form do not invalidate the form used.

11.3 Accompanying material

11.3.1 An application for development approval must be accompanied by:

(a) a plan or plans to a scale of not less than 1:500 clearly showing the following:

(i) the location of the site including street names, lot numbers, north point and the dimensions of the site;

(ii) the existing and proposed ground levels over the whole of the land the subject of the application;

(iii) the location, height and type of all existing structures, and structures and vegetation proposed to be removed;

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(iv) the existing and proposed use of the site, including proposed hours of operation, and buildings and structures to be erected on the site;

(v) the existing and proposed means of access for pedestrians and vehicles to and from the site;

(vi) the location, number, dimensions and layout of all car parking spaces intended to be provided;

(vii) the location and dimensions of any area proposed to be provided for the loading and unloading of vehicles carrying goods or commodities to and from the site and the means of access to and from those areas;

(viii) the location, dimensions and design of any open storage or trade display area and particulars of the manner in which it is proposed to develop the open storage or trade display area; and

(ix) the nature and extent of any open space and landscaping proposed for the site.

and

(b) plans, elevations and sections of any building proposed to be erected or altered and of any building that is intended to be retained; and

(c) a report on any specialist studies in respect of the development that the local government requires the applicant to undertake such as traffic, heritage, environmental, engineering or urban design studies; and

(d) a copy of documentation relating to any relevant easements or encumbrances affecting the land the subject of the application; and

(e) any other plan or information that the local government reasonably requires.

11.3.2 The local government may waive or vary a requirement set out in clause 11.3.1.

11.3.3 Where an application relates to a place entered on a heritage list prepared in accordance with this Scheme or within an area designated under this Scheme as a heritage area, the local government may require the application to be accompanied by one or more of the following:

(a) street elevations drawn as one continuous elevation to a scale not smaller than 1:100 showing the proposed development and the whole of the existing development on each lot immediately adjoining the land the subject of the application;

(b) a detailed schedule of all finishes, including materials and colours of the proposed development;

(c) a description of the finishes of the existing developments on the subject lot and on each lot immediately adjoining the subject lot. 11.4 Advertising applications

11.4.1 An application for development approval must be advertised if the proposed development:

(a) relates to the extension of a non-conforming use; or

(b) relates to a use not listed in the zoning table of this Scheme; or

(c) does not comply with a requirement of this Scheme; or City of Greater Geraldton Local Planning Scheme No. 1 49 Rev 5 – December 2014

(d) is of a type that this Scheme requires to be advertised.

11.4.2 The local government may waive a requirement for an application to be advertised in the circumstances set out in clause 11.4.1(c) if the local government is satisfied that the departure from the requirements of this Scheme is of a minor nature.

11.4.3 The local government may advertise, or require the applicant to advertise, an application for development approval in one or more of the following ways:

(a) by giving notice of the proposed use or development to nearby owners and occupiers who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day the notice is given to the person;

(b) by publishing a notice of the proposed use or development in a newspaper circulating in the Scheme area including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day the notice is published;

(c) by publishing a notice of the proposed use or development by electronic means in a format approved by the CEO including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day the notice is spublished;

(d) by erection of a sign or signs in a conspicuous place on the land the subject of the application giving notice of the proposed use or development for a period of not less than 14 days from the day on which the sign is erected.

11.4.4 Notice referred to in clause 11.4.3 must be in the form of the “Notice of public advertisement of planning proposal” set out in Schedule 9 unless the local government specifies otherwise.

11.4.5 If an application for development approval is advertised under this clause, the local government must make the application and the material accompanying it available for public inspection during business hours at the offices of the local government.

11.4.6 Pursuant to clause 11.4.5, the local government may make plans available by:

(a) the reproduction and communication of plans on the local government’s website; and

(b) the reproduction and communication of plans to nearby owners or occupiers that were notified pursuant to clause 11.4.3(a).

11.4.7 A local government must not make a decision on an application for development approval that is advertised under this clause until each period for making submissions to the local government specified in a noticed referred to in clause 11.4.3 has expired. 11.5 Retrospective approval of development

This Part applies, with any modifications necessary, to an application for development approval for development already commenced or carried out.

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PART 12 - PROCEDURE FOR DEALING WITH APPLICATIONS FOR DEVELOPMENT APPROVAL

12.1 Consultation with other authorities

12.1.1 In considering an application for development approval the local government may consult with any other statutory, public or planning authority it considers appropriate.

12.1.2 If an application for development approval relates to proposed development on land reserved under this Scheme for the purposes of a public authority, the local government must consult that authority before making a decision on the application. 12.2 Matters to be considered by local government

In considering an application for development approval the local government is to have due regard to the following matters to the extent that, in the opinion of the local government, those matters area relevant to the development the subject of the application:

(a) the aims and provisions of this Scheme and any other relevant local planning scheme operating within the Scheme area;

(b) the requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2014;

(d) any environmental protection policy approved under the Environmental Protection Act 1986 section 31(d);

(e) any policy of the Commission;

(f) any relevant policy of the State;

(g) any local planning policy for the Scheme area;

(h) any report of the review of this Scheme that has been published under the Planning and Development (Local Planning Schemes) Regulations 2014;

(i) in the case of land reserved under this Scheme, the objectives and ultimate purpose intended for the reserve;

(j) the conservation of any place that:

(i) has been entered in the Register within the meaning of the Heritage of Western Australia Act 1990; or

(ii) is included in a heritage list prepared in accordance with this Scheme;

(k) the effect of the proposal on the character or appearance of an area designated under this Scheme as a heritage area;

(l) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

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(m) the amenity of the locality including the following:

(i) environmental impacts of the development;

(ii) the character of the locality;

(iii) social impacts of the development;

(n) the likely effect of the development on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

(o) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

(p) the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk;

(q) the adequacy of:

(i) the proposed means of access to and egress from the site; and

(ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles;

(r) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(s) the availability and adequacy for the development of the following:

(i) public transport services;

(ii) public utility services;

(iii) access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

(iv) access by disabled persons;

(t) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses;

(u) the history of the site where the development is to be located;

(v) the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals;

(w) any relevant submissions received on the application;

(x) the comments or submissions received from any authority consulted under clause 12.1;

(y) any other planning consideration the local government considers relevant. 12.3 Determination of applications

The local government may determine an application for development approval by:

(a) granting development approval with or without conditions; or City of Greater Geraldton Local Planning Scheme No. 1 52 Rev 5 – December 2014

(b) refusing to grant development approval. 12.4 Form and date of determination

As soon as practicable after determining an application for development approval, the local government must give the applicant written notice of the determination in the form of the “Notice of determination on application for development approval” set out in Schedule 10. 12.5 Duration of development approval

If development approval is granted under clause 12.3:

(a) the development must be substantially commenced:

(i) if no period is specified in the approval – within the period of 2 years commencing on the date of the determination; or

(ii) if a period is specified in the approval – within that approval; or

(iii) in either case – within a longer period approved by the local government on an application made under clause 10.3.

and

(b) the approval lapses if the development has not substantially commenced within the period determined under clause 12.5(a). 12.6 Temporary development approval

The local government may impose conditions limiting the period of time for which a development approval is granted.

Note: A temporary development approval is where the local government grants approval for a limited period, for example, where the land may be required for some other purpose in the future, and is different to the term of the development approval which is the period within which the development must commence.

12.7 Scope of development approval

Development approval may be granted:

(a) for the development for which the approval is sought; or

(b) for the development for which the approval is sought, except for a part or aspect of that development specified in the approval; or

(c) for a part or aspect of the development for which approval is sought that is specified in the approval. 12.8 Approval subject to later approval of details

12.8.1 Development approval for a development that includes the carrying out of building or works may be granted subject to a condition that further details are required to be agreed between the local government and the holder of the development approval in respect of any of the following matters:

(a) the siting, design and external appearance of the buildings included in the development;

(b) means of access to the land on which the development is located;

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(d) any other matters that the local government specifies in the approval.

12.8.2 The local government may only impose a condition referred to in clause 12.8.1 if the local government is satisfied that the further matters that are to be agreed would not substantially change the development approved. 12.9 Time for deciding application for development approval

12.9.1 The local government must determine an application for development approval:

(a) if under clause 11.4, the application is advertised – within 90 days of receipt of the application; or

(b) otherwise – within 60 days of the receipt of the application; or

12.9.2 If the local government has not made a determination in the time referred to in clause 12.9.1 the local government is to be taken to have refused to grant the development approval.

12.9.3 Despite clause 12.9.2, the local government may determine whether or not to grant the development approval, and may give the applicant written notice of its decision, after the period applicable under clause 12.9.1 has expired and the validity of the determination is not affected by the expiry. 12.10 Review of decisions

12.10.1 In this clause:

affected person, in relation to a reviewable determination, means:

(a) the applicant for development approval; or

(b) the owner of land in respect of which an application for development approval is made;

reviewable determination means a determination by the local government to:

(a) refuse an application for development approval; or

(b) to grant development approval subject to conditions.

12.10.2 An affected person may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.

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PART 13 - IMPLEMENTATION OF DEVELOPMENT CONTRIBUTION PLANS

13.1 Land excluded for calculating contributions

For the purposes of calculating the area of an owner’s land and the total area of land in a development contribution area the following areas of land are excluded:

(a) areas designated as primary or regional roads under a region planning scheme that applies to the area;

(b) areas that are public open space at the time the development contribution area is designated;

(c) areas used for the purposes of government primary or secondary schools at the time the development contribution area is designated;

(d) any other land specified in the development contribution plan for the development contribution area. 13.2 Reporting contributions to owners

13.2.1 The local government must, for each development contribution plan, prepare and adopt a development contribution plan report and cost apportionment schedule setting out the calculation of the cost contribution for each owner of land in the development contribution area:

(a) based on the methodology provided in the plan; and

(b) taking into account the proposed staging of the development.

13.2.2 The local government must, within 90 days of a development contribution plan coming into effect, provide to each owner of land within a development contribution area a copy of the report and the cost apportionment schedule. 13.3 Cost contributions based on estimates

13.3.1 If expenditure for infrastructure costs or administrative costs has not been incurred, a development contribution plan report and cost apportionment schedule may use the latest estimated cost available to the local government.

13.3.2 The local government must arrange for an estimate of costs included in a development contribution plan report or cost apportionment schedule to be certified by a suitably qualified person who is independent of the local government.

13.3.3 If a development contribution plan report and cost apportionment schedule uses an estimate of the costs, the local government must:

(a) review the estimated cost at least once in each 12 month period and adjust the estimate of the costs based on the value of any land to be acquired and the latest estimated cost available to the local government; and

(b) arrange for any adjustment of the estimated costs to be certified by a suitably qualified person who is independent of the local government; and

(c) adjust the contribution of each owner of land in the development control area as a result of any change in estimated cost and advise the owner of the adjusted contribution.

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13.3.4 The local government must, if requested by an owner who has been notified under clause 13.3.3(c) of a change in the owner’s cost contribution, provide to the owner a copy of the new estimated costs and the calculation of the adjustment payable by the owner.

13.3.5 The owner of land in a development contribution area may enter into an agreement with the local government to pay a cost contribution based on the estimated costs as the final cost contribution payable by the owner in respect of any infrastructure costs or administrative costs specified in the agreement.

13.3.6 The owner of land in a development contribution area who objects to the amount of a cost contribution payable by the owner may, within 28 days of being notified by the local government of the amount of the cost contribution, request that a review of the decision be carried out:

(a) by a suitably qualified person agreed by the owner and the local government; and

(b) at the expense of the owner.

13.3.7 If, after a review carried out under clause 13.3.6, the owner still objects to the amount of the cost contribution:

(a) the amount is to be determined in a manner agreed between the owner and the local government; or

(b) if no manner is agreed, the owner may elect for the amount to be determined:

(i) by arbitration under the Commercial Arbitration Act 2012, with the costs of any arbitration to be shared equally between the owner and the local government; or

(ii) by a review of the amount of the cost contribution by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. 13.4 Valuation of land

13.4.1 In this clause:

fair market value, in relation to land, means the capital sum that an unencumbered estate in fee simple of the land might reasonably be expected to realise if:

(a) the land was offered for sale on terms and conditions that a bona fide seller would reasonably require; and

(b) there were no buildings, fences or other like improvements on the land; and

(d) the value added by improvements to the land not referred to in clause 13.4.1(b) has been taken into account.

13.4.2 The valuation of land to be acquired in connection with a development contribution plan is to be the fair market value of the land as determined:

(a) by a valuer agreed by the owner of the land and the local government; or

(b) if there is no agreement between the owner and the local government, by a valuer appointed by the President of the Western Australian Division of the Australian Property Institute. City of Greater Geraldton Local Planning Scheme No. 1 56 Rev 5 – December 2014

13.4.3 The owner of land in a development contribution area who objects to the valuation of land to be acquired in connection with a development contribution plan may, within 28 days of being notified by the local government of the valuation of the land, request that a review of the valuation be carried out:

(a) by a valuer or other suitably qualified person agreed by the owner and the local government; and

(b) at the expense of the owner.

13.4.4 If, after a review carried out under clause 13.4.3, the owner still objects to the valuation of the land:

(a) the value is to be determined in a manner agreed between the owner and the local government; or

(b) if the manner is agreed, the owner may apply to the State Administrative Tribunal for a review of the valuation in accordance with the Planning and Development Act 2005 Part 14. 13.5 Payment of cost contribution

13.5.1 The liability of the owner of land in a development contribution area for cost contribution is determined in accordance with the development contribution plan for the area and this Part.

13.5.2 The owner must pay the cost contribution to the local government on occurrence of the earliest of the following events:

(a) the Commission endorsing its approval on the deposited plan or strata plan of the subdivision of the land;

(b) the commencement of any development on the land, other than the construction of one single dwelling and associated outbuildings on an existing lot;

(d) the approval or extension by the local government of a use of the land.

13.5.3 The owner of land in a development contribution area may:

(a) pay the owner’s cost contribution in any manner agreed between the owner and the local government; and

(b) request the local government to provide certification that the owner’s liability for cost contribution has been discharged.

13.5.4 The amount of cost contribution in respect of land in a development contribution area that has not been paid on or by the day on which it becomes payable is a charge on the owner’s land.

13.5.5 The owner of land in respect of which an amount of cost contribution has not been made is responsible for the costs incurred by the local government in lodging or withdrawing a caveat under the Transfer of Land Act 1893 Part V in relation to the land.

Note: An owner’s liability to pay a cost contribution under a development contribution plan is not affected by the subsequent expiry of the development contribution plan.

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13.6 Administration of funds

13.6.1 The local government must establish and maintain a reserve account in accordance with the Local Government Act 1995 for each development contribution area.

13.6.2 All cost contributions made in respect of a development contribution area are to be paid into the reserve account for the area.

13.6.3 All payments for infrastructure costs and administrative costs incurred in respect of a development contribution area are to be paid out of the reserve account for the area.

13.6.4 The local government may take any of the following measures to meet any shortfall between the contributions made and costs incurred for infrastructure costs and administrative costs in a development contribution area:

(a) apply the funds of the local government;

(b) enter into an agreement with owners of land in the area;

13.6.5 Nothing in clause 13.6.4(a) is to be taken to restrict any right or power of the local government to impose a differential rate to land in a development contribution area.

13.6.6 The local government must, in relation to any amount by which the contributions made exceed the costs incurred for infrastructure costs and administrative costs in a development contribution area:

(a) refund the excess amount to contributing land owners in proportion to the contribution made by the owner; or

(b) if it is not reasonably practicable to identify the contributing land owners, apply the excess amounts to the provision of additional infrastructure in the area.

13.6.7 The local government must publish on the website of the local government an audited annual statement of the reserve account for each development contribution area as soon as is reasonably practicable after the statement is prepared.

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PART 14 - ENFORCEMENT AND ADMINISTRATION

14.1 Powers of local government

14.1.1 For the purpose of implementing this Scheme the local government may:

(a) enter into an agreement in respect of a matter relating to this Scheme with any owner, occupier or other person having an interest in land affected by this Scheme; and

(b) deal with or dispose of any land in the Scheme area which it has acquired in accordance with the Planning and Development Act 2005 Part 11 Division 4.

14.1.2 The local government may only deal with or dispose of land acquired by the local government for the purpose of a local reserve for a use of the land that is compatible with the purpose for which it is reserved. 14.2 Entry powers

14.2.1 The CEO may, by instrument in writing, designate an officer of the local government as an authorised officer for the purposes of this clause.

14.2.2 An authorised officer may, for the purpose of monitoring whether the local planning scheme is being complied with, at any reasonable time and with any assistance reasonably required, enter any building or land in the Scheme area. 14.3 Repair of existing advertisements

14.3.1 The local government may require the owner of an advertisement located in the Scheme area to repair the advertisement if, in the opinion of the local government, the advertisement has deteriorated to a point where it is in conflict with the aims of this Scheme.

14.3.2 A requirement referred to in clause 14.3.1 must:

(a) be in the form of a written notice given to the person; and

(b) specify the advertisement the subject of the requirement; and

(d) set out full details of the action or alternative courses of action to be taken by the person; and

(e) specify the period, not being a period of less than 60 days from the day the notice is given to the person, within which the requirement must be complied with.

14.3.3 A person to whom a notice under this clause is given may apply for a review of the requirement to the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. 14.4 Delegations

14.4.1 Terms used

absolute majority has the meaning given in the Local Government Act 1995 section 1.4;

committee means a committee established under the Local Government Act 1995 section 5.8. City of Greater Geraldton Local Planning Scheme No. 1 59 Rev 5 – December 2014

14.4.2 Delegations by local government

14.4.2.1 The local government may, by resolution, delegate to a committee or the CEO the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation.

14.4.2.2 A resolution referred to in clause 14.4.2.1 must be by absolute majority of the council of the local government.

14.4.2.3 The delegation must be in writing and may be general or as otherwise provided in the instrument of delegation.

14.4.3 CEO may delegate powers

14.4.3.1 The CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s functions under this Scheme other than this power of delegation.

14.4.3.2 A delegation under this clause must be in writing and may be general or as otherwise provided in the instrument of delegation.

14.4.3.3 Subject to any conditions imposed by the local government on its delegation to the CEO under clause 14.4.2, this clause extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under that clause.

14.4.4 Other matters relevant to delegations under this clause

The Local Government Act 1995 sections 5.45 and 5.46 apply to a delegation made under this clause as if the delegation were a delegation made under Part 5 Division 4 of that Act. 14.5 Miscellaneous

The local government may refuse to accept an application made under this Scheme if the local government is not satisfied that there is in place an agreement for the local government to use any copyrighted material provided in support of the application:

(a) for the purposes of advertising the application or implementing a decision on the application; and

(b) for zero remuneration.

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SCHEDULES

Schedule 1 Terms referred to in Scheme

1. Terms used 2. Land use terms used in Scheme

Schedule 2 Additional uses

Schedule 3 Restricted uses

Schedule 4 Special use zones

Schedule 5 Parking requirements

Schedule 6 Exempted advertisements

Schedule 7 Application for development approval

Schedule 8 Additional information for advertisements

Schedule 9 Notice of public advertisement of planning proposal

Schedule 10 Notice of determination on application for development approval

Schedule 11 Environmental conditions

City of Greater Geraldton Local Planning Scheme No. 1 61 Rev 5 – December 2014

SCHEDULE 1 — TERMS REFERRED TO IN SCHEME

1. Terms used

In this Scheme:

Act means the Planning and Development Act 2005.

amenity means all those factors which combine to form the character of an area and include the present and likely future amenity.

advertisement means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not used wholly or partly for the purposes of, advertisement, announcement or direction, and includes:

(d) any airborne device anchored to any land or building and any vehicle or trailer or other similar object placed or located so as to serve the purpose of advertising; and

(e) any vehicle or trailer or other similar object placed or located so as to serve the purpose of displaying advertising.

amenity means all those factors which combine to form the character of an area and include the present and likely future amenity.

aquaculture, in relation to agriculture - intensive, means any fish farming operation for which a fish farm licence issued pursuant to the provisions of Part V of the Fisheries Act 1905 and the Fisheries Regulations 1938 is required.

Building Code means the Building Code of Australia which is volume 1 and 2, as amended from time to time, of the National Construction Code series published by, or on behalf of, the Australian Building Codes Board.

building envelope means an area of land within which all buildings and effluent disposal facilities on a lot must be contained.

building height in relation to a building:

(a) if the building is used for residential purposes, has the meaning given in the R-Codes; or

(b) if the building is used for purposes other than residential purposes, means the maximum vertical distance between the natural ground level and the finished roof height directly above.

bushfire management means a range of measures taken to mitigate against the hazards of bushfire as may be contained in publications associated with bushfire risk management.

bushfire prone area means a designated area by the Fire and Emergency Services Commissioner or designated as such in a legislative instrument.

CEO means the chief executive officer of the local government.

commencement day means the day this Scheme comes into effect under section 87(4) of the Act.

commercial vehicle means a vehicle, whether licenced or not, that has a gross vehicle mass of greater than 4.5 tonnes including: City of Greater Geraldton Local Planning Scheme No. 1 62 Rev 5 – December 2014

(a) a utility, van, truck, tractor, bus or earthmoving equipment; and

(b) a vehicle that is, or is designed to be an attachment to a vehicle referred to in paragraph (a).

conservation has the same meaning as in the Heritage of Western Australia Act 1990 section 3(1).

cultural heritage significance has the same meaning given in the Heritage of Western Australia Act 1990 section 3(1).

development contribution area means an area of land identified in a development contribution plan as an area to which the plan applies.

development contribution plan means a development contribution plan prepared in accordance with the Planning and Development (Local Planning Schemes) Regulations 2014 Part 7 that applies to land in the Scheme area.

end of trip facilities mean infrastructure and dedicated facilities that cater for the needs of persons at their destination to utilise as part of a journey and includes safe and convenient access, secure bicycle parking, change rooms, showers and lockers.

environment has the meaning given to it in the Environment Protection Act 1986.

floodplain means the extent of flooding in a 1 to 100-year flood event for a particular watercourse, which includes the high and low hazard floodplain areas:

(a) the high hazard floodplain means the area of land that would be affected by river flooding in a 1 to 100-year flood event for a particular watercourse, where development and land uses should be limited to those which would not affect the flow of floodwaters.

(b) the low hazard floodplain means the area of land that would be affected by river flooding in a 1 to 100-year flood event, where development would normally be permitted subject to a specified minimum habitable floor level above the relevant 1 in 100-year flood level to provide adequate flood protection.

floor area has the meaning given in the Building Code.

frontage in relation to a building:

(a) if the building is used for residential purposes, has the meaning given in the R-Codes; or

(b) if the building is used for purposes other than residential purposes, means the road alignment at the front of a lot and, if a lot abuts 2 or more roads, the one to which the building or proposed building faces.

Geraldton urban area refers to the area of land shown within the ‘Urban Growth Boundary’ in the local planning strategy.

gross floor area (GFA) means the gross floor area of each storey (including mezzanine floors) measured over the enclosing walls, if any, and includes the portion of party walls forming part of the building, but does not include a car park.

incidental use means a use of premises which is ancillary and subordinate to the predominant use.

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industry means premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes facilities on the premises for any of the following:

(a) the storage of goods;

(b) the work of administration or accounting;

(d) the provision of amenities for employees,

(e) incidental purposes.

landscape, landscaping or landscaped has the meaning given in the R-Codes.

local government means the local government responsible for this Scheme.

local planning strategy means the local planning strategy for this Scheme prepared under the Planning and Development (Local Planning Schemes) Regulations 2014 Part 3, as amended from time to time.

minerals has the meaning given in the Mining Act 1978 section 8(1).

non-conforming use has the meaning given in the Planning and Development Act 2005 section 172.

obstacle limitation surface means a horizontally and vertically defined airspace boundary in the vicinity of an airport that has been specified and/or endorsed by the airport operator as representing the maximum desirable height above Australian Height Datum of any building, antenna, other structure or natural feature on land directly underneath the surface.

owner, in relation to land, means:

(a) if the land is freehold land:

(i) a person whose name is registered as a proprietor of the land; and

(ii) the State, if registered as a proprietor of the land; and

(iii) a person who holds an interest as purchaser under a contract to purchase an estate in fee simple in the land; and

(iv) a person who is the holder of a freehold interest in land vested in an executor or administrator under the Administration Act 1903 section 8;

and

(b) if the land is Crown land:

(i) the State; and

(ii) a person who holds an interest as purchaser under a contract to purchase an estate in fee simple in the land

plot ratio has the meaning given in the R-Codes.

precinct means a definable area where particular planning policies, guidelines or standards apply.

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predominant use means the primary use of premises to which all other uses carried out on the premises are subordinate, incidental or ancillary.

premises means land or buildings.

R-Codes means the Residential Design Codes prepared by the Western Australian Planning Commission under section 26 of the Act, as amended from time to time.

region planning scheme means a region planning scheme that applies in respect of part or all of the Scheme area.

reserve means land reserved under this Scheme for a public purpose.

retail means the sale or hire of goods or services to the public.

Scheme area means the area to which this Scheme apples.

short-stay means occupation by any person of premises for periods limited to a maximum of 3 months in any 12 month period, or longer period as determined by the local government.

special control area means an area identified under this Scheme as an area subject to special controls set out in this Scheme.

substantially commenced means that some substantial part of work in respect of a development approved under a planning scheme or under an interim development order has been performed.

travel plan means a long-term management strategy for an occupier, or a site, that seeks to deliver more sustainable transport objectives through positive action and is articulated in a document, that is regularly reviewed, for a development.

wall height, in relation to a wall of a building, means the vertical distance from the natural ground level of the boundary of the property that is closest to the wall to the point where the wall meets the roof or parapet.

works, in relation to land, means:

(a) any demolition, erection, construction, alteration of or addition to any building or structure on the land; and

(b) the carrying out on the land of any excavation or other works; and

(c) in the case of a place to which a Conservation Order made under the Heritage of Western Australia Act 1990 section 59 applies, any act or thing that:

(i) is likely to damage the character of that place or the external appearance of any building; or

(ii) would constitute an irreversible alteration to the fabric of any building;

wholesale means the sale of goods or materials to be sold by others.

zone means a portion of the Scheme area identified on the Scheme Map as a zone for the purpose of indicating the controls imposed by this Scheme on the use, or the carrying out of works on, land, but does not include a reserve or special control area.

City of Greater Geraldton Local Planning Scheme No. 1 65 Rev 5 – December 2014

2. Land use terms used

If this Scheme refers to a category of land use that is listed in this provision the meaning of that land use is as set out below:

aged or dependant persons dwelling has the meaning given in the R-Codes.

agriculture - intensive means premises used for trade or commercial purposes, including outbuildings and earthworks, associated with the following:

(a) the production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts;

(b) the establishment and operation of plant or fruit nurseries;

(d) aquaculture.

agroforestry means land used commercially for tree production, agriculture where trees are planted in blocks of more than one hectare.

ancillary dwelling has meaning given in the R-Codes.

animal establishment means premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry - intensive or veterinary centre.

animal husbandry - intensive means premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production) or other livestock in feedlots, sheds or rotational pens.

bed and breakfast means a dwelling:

(a) used by a resident of the dwelling to provide short-term accommodation, including breakfast, on a commercial basis for not more than 4 adult persons or one family; and

(b) containing not more than 2 guest bedrooms and one guest bathroom.

café means premises similar to those of a restaurant but from which only light meals and drinks are served and includes premises commonly referred to as tearooms.

car park means premises used primarily for parking vehicles whether open to the public or not but does not include:

(a) any part of a public road used for parking or for a taxi rank; or

(b) any premises in which cars are displayed for sale.

caravan park means as an area of land on which caravans, or caravans and camps, are situated for habitation and has the meaning given in the Caravan Parks and Camping Grounds Act 1995 section 5(1).

caretaker’s dwelling means a dwelling on the same site as a building, operation, or plant, and occupied by a supervisor of that building, operation or plant.

City of Greater Geraldton Local Planning Scheme No. 1 66 Rev 5 – December 2014

child care service means premises providing an education and care service on a regular basis to children and has the same meaning given in the Child Care Services Act 2007 section 4.

cinema / theatre means premises where the public may view a motion picture or theatrical production.

civic use means premises used by a government department, an instrumentality of the State or the local government for administrative, recreational or other purposes.

club premises means premises used by a legally constituted club or association or other body of persons united by a common interest.

community purpose means premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit.

consulting room means premises, with a gross floor area of no more than 300m2, used by no more than 4 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care.

convenience store means premises:

(a) used for the retail sale of convenience goods commonly sold in supermarkets, delicatessens or newsagents, or the retail sale of petrol and those convenience goods; and

(b) operated during hours which include, but may extend beyond, normal trading hours; and

(d) the gross floor area of which does not exceed 300m2.

discount department store means large retail premises selling a wide variety of different goods organised into various departments.

dry cleaning premises / laundromat means premises used for the commercial cleaning of clothes and laundry either in a self-service or serviced manner.

educational establishment means premises used for the purposes of education including premises used for a school, higher education institution, business college, academy or other educational institution.

exhibition centre means premises used for the display, or display and sale, of materials of an artistic, cultural or historical nature including a museum or art gallery.

family day care means premises where a family day care service as defined in the Education and Care Services National Law (WA) Act 2012 is provided.

fast food outlet means premises other than a convenience store used for the preparation, sale and serving of food to customers in a form ready to be eaten:

(a) without further preparation; and

(b) primarily off the premises.

fuel depot means premises used for the storage and sale in bulk of solid or liquid or gaseous fuel, but does not include premises used:

City of Greater Geraldton Local Planning Scheme No. 1 67 Rev 5 – December 2014

(a) as a service station; or

(b) for the sale of fuel by retail into a vehicle for use by the vehicle.

funeral parlour means premises used to prepare and store bodies for burial or cremation.

garden centre means premises used for the propagation, rearing and sale of plants, and the storage and sale of products associated with horticulture and gardens.

grouped dwelling has the meaning given in the R-Codes.

holiday home means a single dwelling on one lot used to provide short-term accommodation for guests and excludes those uses more specifically defined elsewhere.

home business means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out business, service or profession if the carrying out of the business, service or profession:

(a) does not involve employing more than 2 people who are not members of the occupier’s household; and

(b) will not cause injury to or adversely affect the amenity of the neighbourhood; and

(d) does not involve the retail sale or display of any goods; and

(e) does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood; and

(f) does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and

(g) does not involve the use of an essential service that is greater than the use normally required in the zone in which the dwelling is located.

home occupation means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out an occupation if the carrying out of the occupation:

(a) does not involve employing a person who is not a member of the occupier’s household; and

(b) will not cause injury to or adversely affect the amenity of the neighbourhood; and

(d) does not involve the display on the premises of a sign with an area exceeding 0.2m2; and

(e) does not involve the retail sale, display or hire of any goods; and

(f) does not:

(i) require a greater number of parking spaces than normally required for a single dwelling; or

(ii) result in an increase in traffic volume in the neighbourhood;

City of Greater Geraldton Local Planning Scheme No. 1 68 Rev 5 – December 2014

and

(g) does not involve the presence, use or calling of a vehicle more than 2 tonnes tare weight; and

(h) does not include provision for the fuelling, repair or maintenance of motor vehicles; and

(i) does not involve the use of an essential service that is greater than the use normally required in the zone in which the dwelling is located.

hotel means a premises licensed under the Liquor Control Act 1988 providing accommodation, including any betting agency on the premises, but does not include a small bar or tavern.

industry - cottage means premises, other than premises used for a home occupation, that are used by the occupier of the premises for the purpose of carrying out a trade or light industry producing arts and crafts goods if the carrying out of the trade or light industry:

(a) will not cause injury or adversely affect the amenity of the neighbourhood; and

(b) if the premises is located in a residential zone – does not employ any person other than a member of the occupier’s household; and

(d) does not occupy an area greater than 50m2; and

(e) does not involve the display on the premises of a sign with an area exceeding 0.2m2.

industry - extractive means premises, other than premises used for industry – mining, that are used for an industry which involves the extraction, quarrying or removal of sand, gravel, clay, hard rock, stone or similar material from the land substances and includes facilities on or adjacent to the premises for either of the following purposes:

(a) the treatment and storage of the materials;

(b) the manufacture of products from the materials.

industry - general means premises used for an industry not more specifically defined elsewhere.

industry - hazardous means premises used for an industry which by reason of the processes involved or the method or manufacture or the nature of the materials used or produced requires isolation from other buildings, but does not include a nuclear activity.

industry - light means premises used for an industry if the carrying out of the industry:

(a) do not cause injury to or adversely affect the amenity of the locality; and

(b) does not require the supply or provision of essential services that would impose an undue load on any existing or proposed essential services in the area in which the premises is located.

industry - mining means land used commercially to extract minerals from the land.

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industry - noxious means an industry in which the processes involved constitute an offensive trade.

industry - rural means premises used:

(a) to carry out an industry handling, treating, processing or packing rural products; or

(b) for a workshop servicing plant or equipment used for rural purposes.

industry - service means premises with a retail shop front:

(a) from which goods manufactured on the premises are sold; or

(b) used as a depot for receiving goods to be serviced.

liquor store means premises licensed under the Liquor Control Act 1988 for the sale of packaged liquor for consumption off premises only.

machinery sales means premises used for the display and/or sale of agricultural or transport machinery and equipment.

marina means:

(a) premises used for providing mooring, fuelling, servicing, repairing, storage and other facilities for boats, including the associated sale of any boating gear or equipment; and

(b) all jetties, piers, embankments, quays, moorings, offices and storerooms used in connection with the provision of those services.

market means premises used for the display and sale of goods from stalls by independent vendors.

medical centre means premises, other than a hospital, used by 5 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care.

motel means premises, which may be licensed under the Liquor Control Act 1988:

(a) used to accommodate guests in a manner similar to a hotel; and

(b) with specific provision for the accommodation of guests with motor vehicles.

motor vehicle, boat or caravan sales / hire means premises used to sell or hire motor vehicles, boats or caravans and may include the servicing of motor vehicles, boats or caravans sold from the site.

motor vehicle repair means premises used for or in connection with:

(a) electrical and mechanical repairs, or overhauls, to vehicles; or

(b) repairs to tyres, panel beating, spray painting and chassis reshaping.

motor vehicle wash means premises primarily used to wash motor vehicles.

motor vehicle wreckers means premises used for the storage, breaking up or dismantling of motor vehicles and includes the sale of second-hand motor vehicle accessories and spare parts.

multiple dwelling has the meaning given in the R-Codes.

City of Greater Geraldton Local Planning Scheme No. 1 70 Rev 5 – December 2014

night club means premises the subject of a nightclub license granted under the Liquor Control Act 1988 used for entertainment with or without eating facilities.

office means premises used for administration, clerical, technical, professional or similar business activities.

office - small scale means a stand-alone office premises with a gross floor area that does not exceed 300m2.

park home park means premises at which park homes, but not any other caravans or camps, are situated for habitation, as defined in the Caravan Parks and Camping Grounds Regulations 1997 Schedule 8.

personal services means premises used for the provision of services of a personal nature and includes a hairdresser, day-spa, beauty therapist and the like but does not include a medical centre.

place of worship means premises used for religious activities such as a, chapel, church, mosque, synagogue or temple.

produce stall means a stall used to sell produce grown or made locally.

reception centre means premises used for hosted functions on formal or ceremonial occasions.

recreation - private means premises that are:

(d) not usually open to the public without charge.

renewable energy facility means premises used to generate energy by a renewable resource and includes any building or other structure used in, or in connection with, the generation of energy by a renewable resource. It does not include a renewable energy facility principally used to supply energy for a domestic property or existing use of premises.

residential building has the meaning given in the R-Codes.

restaurant means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the under the Liquor Control Act 1988.

rural pursuit means any premises, other than premises used for agriculture – intensive, that are used for:

(a) the rearing or agistment of animals; or

(b) the keeping of bees; or

(d) the growing of trees, plants, shrubs or flowers for replanting in domestic, commercial or industrial gardens; or

(e) the sale of produce grown solely on the premises.

salvage yard means land or premises used for the storage and sale of materials salvaged from the demolition or renovating of buildings or machinery.

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service station means premises other than premises used for a transport depot, motor vehicle repair or motor vehicle wreckers, that are used for:

(a) the retail sale of petroleum products, motor vehicle accessories and goods of an incidental or convenience nature; or

(b) the carrying out of minor mechanical repairs to motor vehicles;

serviced apartment means a group of units or apartments providing:

(a) self-contained accommodation for short-stay guests; and

(b) any associated reception or recreation facilities.

shop means premises used to sell goods by retail, or to hire goods and excludes those uses more specifically defined elsewhere.

shopping centre means a group of retail shops and other incidental commercial establishments that is planned and managed as a single complex, typically with on- site parking provided.

short-stay accommodation means premises providing accommodation for short- stay guests.

showroom means premises used to sell or hire goods and accessories if:

(a) a large premises, with a gross floor area of more than 300m2, is required for the handling, display or storage of the goods; and

(b) the goods are of a bulky or non-bulky nature that are not normally purchased on a daily basis.

single house has the meaning given in the R-Codes.

small bar means premises licensed under the Liquor Control Act 1988 used for sale of liquor for consumption on the premises and with the number of persons who may be on the licensed premises limited to a maximum of 120.

stockpiling means the temporary storage of raw or manufactured materials for a given purpose in an enclosed or an open environment.

supermarket means a single, large retail premises selling primarily food products and other incidental goods to meet daily needs organised into aisles.

tavern means premises licensed under the Liquor Control Act 1988 used to sell liquor for consumption on the premises.

telecommunications infrastructure means premises used to accommodate the infrastructure used by or in connection with a telecommunications network including any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit, or other structure related to the network.

tourist resort means premises providing accommodation for short-stay guests and comprising on-site tourism facilities such as reception, restaurant and leisure facilities like swimming pool, gymnasium and tennis courts.

trade supplies means premises used to sell by wholesale or retail, or to hire, materials, tools, equipment, machinery or other goods used for any of the following purposes:

(a) building;

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(b) industry;

(d) primary production.

transport depot means premises used primarily for parking or garaging of 3 or more commercial vehicles including:

(a) any ancillary maintenance or refuelling of those vehicles; and

(b) any ancillary storage of goods bought to the premises by those vehicles; and

veterinary centre means premises used to diagnose animal diseases or disorders, to surgically or medically treat animals, or for the prevention of animal diseases or disorders and may include accommodation of animals during or after such treatment.

warehouse means premises used for the purposes of storage, display or the sale by wholesale of goods.

winery means premises used for the production of viticultural produce and associated sale of the produce.

workforce accommodation means premises, which may include modular or relocatable buildings, used:

(a) primarily for the temporary accommodation of workers engaged in construction, resource, agricultural or other industries; and

(b) for any associated catering, sporting and recreational facilities for the occupants and authorised visitors.

City of Greater Geraldton Local Planning Scheme No. 1 73 Rev 5 – December 2014

SCHEDULE 2 — ADDITIONAL USES

Clause 3.17

No Description of Land Additional Use Conditions A1 Lot 3 (No. 239) Hall Caravan Park ‘D’ use As determined by the local government. Road, Waggrakine

Scheme Map 1 A2 Lot 43 (No. 620) Service Station ‘D’ use As determined by the local government. Chapman Road, Glenfield

Scheme Map 2 A3 Lot 70 (No. 62) Lawley Fast Food Outlet ‘D’ use As determined by the local government. Street, Spalding

Scheme Map 2 A4 Lot 1 (No. 381) Chapman Service Station ‘D’ use As determined by the local government. Road, Bluff Point

Scheme Map 2 A5 Lot 760 (No. 370) Liquor Store ‘A’ use As determined by the local government. Chapman Road, Bluff Shop ‘D’ use Point

Scheme Map 2 A6 Lots 40, 42, 43, 1 and 3 Showroom ‘D’ use As determined by the local government. (No. 180) Chapman Road / Urch Street, Beresford

Scheme Map 3 A7 Lot 317 (No. 280) Fourth Service Station ‘D’ use As determined by the local government Street, Wonthella

Scheme Map 3 A8 Lot 12 (No. 299) Marine Industry – Service ‘D’ use As determined by the local government. Terrace, Geraldton

Scheme Map 3 A9 Lot 41 (No. 339) Marine Motor Vehicle, Boat or As determined by the local government. Terrace, Geraldton Caravan Sales / Hire ‘D’ use Scheme Map 3 A10 Lot 20 (No. 9) Motor Vehicle, Boat or As determined by the local government. Cunningham Street, Caravan Sales / Hire ‘D’ Geraldton use

Scheme Map 3 A11 Lot 49 (No. 5) Rifle Recreation – Private ‘D’ As determined by the local government. Range Road, Rangeway use

Scheme Map 3 A12 Lot 140 (No. 30) Garden Centre ‘D’ use As determined by the local government. Blencowe Road, City of Greater Geraldton Local Planning Scheme No. 1 74 Rev 5 – December 2014

No Description of Land Additional Use Conditions Rangeway

Scheme Map 3 A13 Lot 2 (No. 753) Service Station ‘D’ use As determined by the local government. Geraldton-Mt. Magnet Road, Moonyoonooka

Scheme Map 7 A14 Land zoned “Industry – Caretaker’s Dwelling ‘D’ As determined by the local government. Light” outside of SCA 4 use and north-west of Barrie Court, Narngulu

Scheme Map 7 A15 Lot 6 (No. 27) Company Caravan Park ‘D’ use As determined by the local government. Road, South Greenough

Scheme Map 9 A16 Land zoned “Industry – Caretaker’s Dwelling ‘D’ As determined by the local government. General”, Mullewa use

Scheme Map 17 A17 Land zoned Ancillary Dwelling ‘D’ use As determined by the local government. “Commercial”, Mullewa Bed and Breakfast ‘D’ use Scheme Map 17 Caretaker’s Dwelling ‘D’ use Family Day Care ‘D’ use Grouped Dwelling ‘D’ use Holiday Home ‘D’ use Home Business ‘D’ use Home Occupation ‘D’ use Industry – Cottage ‘A’ use Multiple Dwelling ‘D’ use Residential Building ‘A’ use Single House ‘D’ use

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SCHEDULE 3 — RESTRICTED USES

Clause 3.18

No Description of Land Restricted Use Conditions R1 Portion of Lot 47 (No 60) Café Development should be sited to ensure Horwood Road, Utakarra Club Premises existing landscaping on the corner of Edward Road and Horwood Road is maintained to the Convenience Store approval of the local government. Scheme Maps 3 and 7 Fast Food Outlet Hotel Market Motel Motor Vehicle, Boat or Caravan Sales / Hire Motor Vehicle Repair Motor Vehicle Wash Restaurant Service Station Shop Supermarket Tavern

Are ‘X’ Uses R2 Land zoned “Industry – Industry – Extractive Prior to any subdivision a structure plan shall General” Deepdale Road, Industry – Hazardous be prepared and endorsed by both the local Narngulu government and the Western Australian Industry – Noxious Planning Commission and subdivision shall be in accordance with this plan. Scheme Map 7 Are ‘X’ uses

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SCHEDULE 4 — SPECIAL USE ZONES

Clause 3.19

No Description of Land Special Use Conditions SU1 ‘Glenfield Composite Residential uses: Objective: Business/Residential Ancillary Dwelling ‘D’ use To provide for larger single residential lots that Area’ Family Day Care ‘D’ use can be complimented by larger home based Chapman Road, business, minor industrial pursuits and other Glenfield Home Business ‘D’ use compatible uses. Home Occupation ‘P’ use Subdivision: Single House ‘P’ use Scheme Map 2 (a) Minimum lot size shall be 1,250m2. (b) Subdivision that would result in the Industrial uses: severance of a dwelling from an Garden Centre – ‘A’ use industrial use shall not be supported by the local government. Industry – Cottage ‘D’ (c) Prior to any subdivision a structure plan use shall be prepared and endorsed Industry – Light ‘A’ use pursuant to Part 8 and subdivision shall Industry – Service ‘A’ use be in accordance with this plan. Machinery Sales ‘A’ use Residential uses/development: Produce Stall ‘D’ use Shall be in accordance with the R10 density Salvage Yard ‘A’ use code and associated provisions and standards Trade Supplies ‘A’ use prescribed in the R-Codes. Transport Depot ‘A’ use Industrial uses/development: Warehouse ‘A’ use (a) Industrial uses will only be permitted where a single house is erected first and forms an integral part of the Other uses: development of the lot. Car Park ‘D’ use (b) The industry must demonstrate to the Child Care Service ‘A’ satisfaction of the local government that use it can operate compatibly with residential uses and with minimal impact on the Community Purpose ‘A’ adjoining properties. use (c) The industry should be located at the Consulting Room ‘A’ use rear of the single house and is Office – Small Scale ‘A’ essentially a family operation that is not use reliant on attracting passing trade. Personal Services ‘A’ use (d) All industrial activities shall operate within reasonable business hours as Telecommunications prescribed by the local government. Infrastructure ‘D’ use (e) A maximum of one industrial use shall only be permitted from each lot. (f) A separate vehicle accessway with a minimum width of 5 metres for the industrial use shall be provided. (g) Development shall be in accordance with the provisions prescribed in this Scheme and any applicable local planning policy. Where no relevant provisions are prescribed development shall be as determined by the local government. Other uses/development: (a) Other uses may be permitted in the absence of a single house where demonstrated to the satisfaction of the local government that it can operate compatibly with residential uses and with minimal impact on the adjoining properties. (b) Development shall be in accordance with the provisions prescribed in this Scheme and any applicable local planning policy. Where no relevant

City of Greater Geraldton Local Planning Scheme No. 1 77 Rev 5 – December 2014

No Description of Land Special Use Conditions provisions are prescribed development shall be as determined by the local government. SU2 Reserve 25459 Marine Recreation and leasing of (a) In accordance with applicable lease. Terrace, West End cottages ‘P’ use (b) In considering an application for development approval the R30 density (Point Moore Cottages) code and associated provisions and standards prescribed in the R-Codes Scheme Map 3 shall apply. SU3 Lot 9000 (on Plan 57632) Ancillary Dwelling ‘P’ use (a) All special uses shall be situated within a African Reef Boulevard, Bed and Breakfast ‘D’ building envelope approved by the local Greenough use government. (b) No person shall clear any vegetation Holiday Home ‘D’ use outside of the building envelope except Scheme Map 8 Single House ‘P’ use for: (i) Clearing to comply with the requirements of the Bush Fires Act 1954, the local government’s Bush Fire Notice and/or any fire management plan endorsed by the local government; (ii) Clearing as may reasonably be required to accommodate an approved building and curtilage, or vehicular access to an approved building or other land use approved by the local government; (iii) Clearing as may be allowed under the Department of Environment Regulation Land Clearing Regulations; and/or (iv) Trees that are assessed to be dead, diseased or dangerous.

City of Greater Geraldton Local Planning Scheme No. 1 78 Rev 5 – December 2014

SCHEDULE 5 — PARKING REQUIREMENTS

Clause 4.8

Minimum Minimum Number Number of Minimum Number Use Class Category / Land Use in Zoning of Visitor / Patron Motorcycle / of Car Parking Table 1) Bicycle Parking Scooter Spaces 1) Spaces Parking Spaces City Centre Zone All development (EXCLUDING permanent 1 per 35m2 1 for every 10 car residential accommodation) parking spaces (minimum of 2) Residential Uses Permanent Residential Accommodation As per R-Codes As per R-Codes (Aged or Dependent Persons Dwelling, Ancillary Dwelling, Caretaker’s Dwelling, Family Day Care, Grouped Dwelling, Holiday Home, Home Occupation, Multiple Dwelling, Residential Building, Single House) Home Based As per R-Codes Nil. (Bed and Breakfast, Home Business) plus 1 bay Commercial Uses Entertainment 1 per 4 patrons 1 per 500m2 (Night Club, Small Bar, Tavern) (minimum of 2) Health Care and Medical 5 per consulting 1 per 4 consulting (Consulting Room, Medical Centre, Veterinary room rooms Centre) Child Care Service 1 per staff member 2 plus 4 Office 1 per 50m2 1 per 800m2 (Office, Office – Small Scale) Commercial 1 per 50m2 Nil. (Dry Cleaning Premises / Laundromat, Garden Centre, Machinery Sales, Motor Vehicle Wash, spaces 2car for 15 parking every Motor Vehicle, Boat or Caravan Sales / Hire, Showroom) Retail Uses Shopping 1 per 20m2 1 per 200m2 (Convenience Store, Discount Department Store, Liquor Store, Market, Shop, Shopping Centre, Supermarket) Food & Beverage 1 per 4 patrons 2 (Café, Reception Centre, Restaurant, Winery) Fast Food Outlet 1 per 4 patrons 2 plus (if applicable) 10 drive-through stack bays Personal Services 1 per 20m2 1 per 500m2

Note: Parking ratios shall be calculated based on the GFA of the development. Where parking ratios require a fraction of a space, it must be rounded up to the nearest higher whole number.

City of Greater Geraldton Local Planning Scheme No. 1 79 Rev 5 – December 2014

Minimum Minimum Number Number of Minimum Number Use Class Category / Land Use in Zoning of Visitor / Patron Motorcycle / of Car Parking Table Bicycle Parking Scooter Spaces Spaces Parking Spaces Tourism Uses Accommodation 1 per unit plus (if 1 per 30 units (Hotel, Motel, Serviced Apartment, Short-Stay applicable) 1 per 4 Accommodation, Tourist Resort) patrons Civic, Cultural and Community Uses Exhibition and Entertainment 1 per 4 patrons 1 per 500m2 (Cinema / Theatre, Club Premises, Exhibition (minimum of 2) Centre, Place of Worship, Recreation – Private) Industrial Uses General Industry 1 per 100m2 Nil.

(Fuel Depot, Industry – General, Industry – Hazardous, Industry – Noxious, Industry – Rural, Salvage Yard, Transport Depot) Industry – Cottage 1 per 50m2 plus 1 Nil. per staff member Light and Service Industry 1 per 50m2 Nil. (Funeral Parlour, Industry – Light, Industry – Service, Motor Vehicle Repair, Motor Vehicle Wreckers, Service Station, Trade Supplies, Warehouse) Resources Industry 1 per staff member Nil.

(Industry – Extractive, Industry – Mining) spaces 2car for 15 parking every Rural Uses Agricultural 1 per staff member Nil. (Agriculture – Intensive, Agroforestry, Animal Establishment, Animal Husbandry – Intensive, Rural Pursuit) Farmworkers Accommodation 1 per 2 bedrooms Nil. Other Uses Other uses not listed As determined by As determined by the local the local government government.

Note: Parking ratios shall be calculated based on the GFA of the development. Where parking ratios require a fraction of a space, it must be rounded up to the nearest higher whole number.

City of Greater Geraldton Local Planning Scheme No. 1 80 Rev 5 – December 2014

SCHEDULE 6 — EXEMPT ADVERTISEMENTS

Clause 10.2.1(h)

Use Class Category / Land Use in Zoning Table Exemption Residential Uses Permanent Residential Accommodation (Aged or Dependent Persons Dwelling, Ancillary Dwelling, Caretaker’s Dwelling, Family Day Care, Grouped Dwelling, 1 sign containing details of the development Holiday Home, Home Occupation, Multiple Dwelling, Residential 2 Building, Single House) with an area of 0.2m Home Based (Bed and Breakfast, Home Business) Commercial Uses Entertainment (Night Club, Small Bar, Tavern) Health Care and Medical (Consulting Room, Medical Centre, Veterinary Centre) Any sign(s) affixed to the walls of the building Child Care Service not projecting above the eaves, roof or ridge Office line or 6m above ground floor level with a total 2 (Office, Office – Small Scale) combined area of 10m Commercial (Dry Cleaning Premises / Laundromat, Garden Centre, Machinery Sales, Motor Vehicle Wash, Motor Vehicle, Boat or Caravan Sales / Hire, Showroom) Retail Uses Shopping (Convenience Store, Discount Department Store, Liquor Store, Market, Shop, Shopping Centre, Supermarket) Any sign(s) affixed to the walls of the building Food and Beverage not projecting above the eaves, roof or ridge line or 6m above ground floor level with a total (Café, Reception Centre, Restaurant, Winery) combined area of 10m2 Fast Food Outlet Personal Services Tourism Uses Accommodation Any sign(s) affixed to the walls of the building (Hotel, Motel, Serviced Apartment, Short-Stay Accommodation, not projecting above the eaves, roof or ridge Tourist Resort) line or 6m above ground floor level with a total combined area of 10m2 Civic, Cultural and Community Uses Exhibition and Entertainment Any sign(s) affixed to the walls of the building (Cinema / Theatre, Club Premises, Exhibition Centre, Place of not projecting above the eaves, roof or ridge Worship, Recreation – Private) line or 6m above ground floor level with a total combined area of 10m2 Industrial Uses General Industry Any sign(s) affixed to the walls of the building (Fuel Depot, Industry – General, Industry – Hazardous, Industry not projecting above the eaves, roof or ridge – Noxious, Industry – Rural, Salvage Yard, Transport Depot) line or 6m above ground floor level with a total combined area of 10m2 Industry – Cottage 1 sign containing details of the development with an area of 0.2m2 Light and Service Industry Any sign(s) affixed to the walls of the building (Funeral Parlour, Industry – Light, Industry – Service, Motor not projecting above the eaves, roof or ridge Vehicle Repair, Motor Vehicle Wreckers, Service Station, Trade line or 6m above ground floor level with a total 2 Supplies, Warehouse) combined area of 10m Resources Industry 1 sign containing details of the development 2 (Industry – Extractive, Industry – Mining) with an area of 5m

City of Greater Geraldton Local Planning Scheme No. 1 81 Rev 5 – December 2014

Use Class Category / Land Use in Zoning Table Exemption Rural Uses Agricultural 1 sign containing details of the development (Agriculture – Intensive, Agroforestry, Animal Establishment, with an area of 1m2 Animal Husbandry – Intensive, Rural Pursuit) Workforce Accommodation 1 sign containing details of the development with an area of 0.2m2 Other Uses Other uses not listed 1 sign containing details of the development with an area of 0.2m2 Internal Advertisements All uses All signs placed or displayed within buildings which cannot ordinarily be seen by a person outside of those buildings Recreation and sporting ground / facility All signs provided they are not visible from the outside of the ground or facility either from private/public land or streets Temporary Advertisements Sale of goods or livestock provided the land is not normally 1 sign containing details of the sale with an used for that purpose area of 2m2 Property transactions for a single house 1 sign per street frontage containing details of the property transaction with an area of 2m2 Property transactions for grouped / multiple dwellings, 1 sign per street frontage containing details of commercial, rural and industrial projects the property transaction with an area of 5m2 Property transactions for large developments/complexes, 1 sign per street frontage containing details of buildings in excess of 4 storeys the property transaction with an area of 10m2 Display home 1 sign containing details of the development with an area of 5m2 Notes Exemption is for non-illuminated signs, located entirely within the property boundary and associated with the approved use of the building/property.

Note: Exempted classes of advertisements listed in Schedule 6 require development approval in respect of a place included on a heritage list or in a heritage area under Part 7.

City of Greater Geraldton Local Planning Scheme No. 1 82 Rev 5 – December 2014

SCHEDULE 7 — APPLICATION FOR DEVELOPMENT APPROVAL

Clause 11.2.1

Application for development approval

Owner details: Name: Address: Postcode: Phone: E-mail: (work): (home): Fax: (mobile): Contact person: Signature of owner: Date: Signature of owner: Date: The signature of the owner(s) is required on all applications. This application will not proceed without that signature.

Applicant details: Name: Address: Postcode: Phone: Email: (work): (home): Fax: (mobile): Contact person for correspondence: Signature of applicant: Date:

Property details: Lot No: House/Street No: Location No: Diagram or Plan No: Certificate of Title Vol. No: Folio: Title encumbrances (e.g. easements, restrictive covenants): Street name: Suburb: Nearest street intersection:

Proposed development: Nature of development:  Works  Use  Works and use Description of proposed works and/or land use: Nature of any existing buildings and/or land use: Approximate cost of proposed development: Estimated time of completion: OFFICE USE ONLY Acceptance Officer’s initials: Date received: Local government reference no:

City of Greater Geraldton Local Planning Scheme No. 1 83 Rev 5 – December 2014

SCHEDULE 8 — ADDITIONAL INFORMATION FOR DEVELOPMENT APPROVAL FOR ADVERTISEMENTS

Clause 11.2.2

1. Description of property upon which advertisement is to be displayed including full details of its proposed position within that property: …………………………………………………………………………………………………………… 2. Details of proposed sign: (a) Type of structure on which advertisement is to be erected (i.e. freestanding, wall mounted, other): ...... (b) Height: ...... Width: ...... Depth: ...... (c) Colours to be used: ...... (d) Height above ground level:  (to top of advertisement): ......  (to underside): ...... (e) Materials to be used: ...... Illuminated: Yes / No If yes, state whether steady, moving, flashing, alternating, digital, animated or scintillating and state intensity of light source: ...... 3. Period of time for which advertisement is required: ...... 4. Details of signs (if any) to be removed if this application is approved: ...... Note: This application should be supported by a photograph or photographs of the premises showing superimposed thereon the proposed position for the advertisement and those advertisements to be removed detailed in 4 above.

Signature of advertiser(s): ...... (if different from land owners) ...... Date: ......

Note: To be completed in addition to the Application for development approval form.

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SCHEDULE 9 — NOTICE OF PUBLIC ADVERTISEMENT OF PLANNING PROPOSAL

Clause 11.4.4

Planning and Development Act 2005 City of Greater Geraldton Notice of public advertisement of planning proposal

The local government has received an application to use and/or develop land for the following purpose and public comments are invited.

Lot No.: Street: Suburb: Proposal: ......

Details of the proposal are available for inspection at the local government office. Comments on the proposal may be submitted to the local government in writing on or before the ...... day of ...... Signed: Dated: ...... for and on behalf of the City of Greater Geraldton

City of Greater Geraldton Local Planning Scheme No. 1 85 Rev 5 – December 2014

SCHEDULE 10 — NOTICE OF DETERMINATION ON APPLICATION FOR DEVELOPMENT APPROVAL

Clause 12.4

Planning and Development Act 2005 City of Greater Geraldton Determination on application for development approval

Location: Lot: Plan/Diagram: Vol. No.: Folio No.: Application date: Received on: Description of proposed development: ...... The application for development approval is:  granted subject to the following conditions:  refused for the following reasons(s): Conditions/reasons for refusal: ...... Note 1: If the development the subject of this approval is not substantially commenced within a period of two years, or another period as specified in the approval after the date of the determination, the approval will lapse and be of no further effect. Note 2: Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained. Note 3: If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

Signed: Dated: ...... for and on behalf of the City of Greater Geraldton.

City of Greater Geraldton Local Planning Scheme No. 1 86 Rev 5 – December 2014

SCHEDULE 11 — ENVIRONMENTAL CONDITIONS

Note: There are no environmental conditions imposed under the Environmental Protection Act 1986 that apply to this Scheme.

City of Greater Geraldton Local Planning Scheme No. 1 87 Rev 5 – December 2014

FINAL APPROVAL

1. Adopted by Resolution of the Council of the City of Greater Geraldton at the meeting of the Council held on the day of 20 and pursuant to that Resolution the Seal of the Municipality was herunto affixed in the presence of:

MAYOR

CHIEF EXECUTIVE OFFICER

This Scheme Text is to be read in conjunction with the approved maps of the Scheme and to which formal approval was given by the Minister for Planning on the date shown below.

2. RECOMMENDED / SUBMITTED FOR FINAL APPROVAL

CHAIRPERSON, WESTERN AUSTRALIAN PLANNING COMMISSION

DATE

3. FINAL APPROVAL GRANTED

MINISTER FOR PLANNING

DATE

City of Greater Geraldton Local Planning Scheme No. 1 – Scheme Text