CITY OF BUSSELTON LOCAL PLANNING SCHEME No ......City of Busselton Local Planning Scheme No. 21 Scheme Amendment No. 21 Page 3 PART 2 – SCHEME PROPOSALS The subject land is in the

`

CITY OF BUSSELTON

LOCAL PLANNING SCHEME No. 21

AMENDMENT No. 21

Lot 11 and portion of Lot 803 Chapman Hill Road, Bovell

City of Busselton Local Planning Scheme No. 21 Scheme Amendment No. 21

File No: AMD21/0021 WAPC Ref: MINISTER FOR PLANNING

PROPOSAL TO AMEND A TOWN PLANNING SCHEME

1. LOCAL AUTHORITY City of Busselton

2. DESCRIPTION OF SCHEME Local Planning Scheme No. 21

3. TYPE OF SCHEME District Zoning Scheme

4. SERIAL No. OF AMENDMENT Amendment No. 21

5. PROPOSAL Rezone a portion of Lot 803 Chapman Hill Road from ‘Agriculture’ to ‘Special Purpose (Ambergate Industrial/Service Commercial Development Area)’; Delete Special Provision Area 47 from Schedule 3 ‘Special Provision Areas’ of LPS21; Amend the boundary of Special Provision Area 48 to include the whole of the subject land; Amend Schedule 3 ‘Special Provision Areas’ in relation to the permissible uses listed under Special Provision Area 48 to include ‘Medical Centre’ and ‘Convenience Store; and Amend Schedule 1 – ‘Interpretations’ (specifically in relation to ‘Medical Centre’, ‘Discount Department Store’ and ‘Supermarket’ definitions) and Schedule 2 - ‘Additional Uses (specifically Additional Use 64 that relates to Pt Lot 17 West Street)’.


Planning and Development Act 2005

RESOLUTION TO ADOPT AMENDMENT TO LOCAL PLANNING SCHEME

City of Busselton

Local Planning Scheme No. 21

Amendment No. 21

RESOLVED that the Council, in pursuance of section 75 of the Planning and Development Act 2005, amend the above Local Planning Scheme by:

1. Rezoning a portion of Lot 803 Chapman Hill Road, Bovell from ‘Agriculture’ to ‘Special Purpose (Ambergate Industrial/Service Commercial Development Area)’.

2. Deleting Special Provision Area 47 from Schedule 3 ‘Special Provision Areas’.

3. Amending the boundary of ‘Special Provision Area 48’.

4. Amending Schedule 3 ‘Special Provision Areas’ as follows –

SP48 Lot 11 and part Lot 803 Chapman Hill Road, Bovell

Special Purpose (Ambergate Industrial/Service Commercial Development Area)

1. The intent of this special provision area is to enable the use and development of the site as a service commercial and mixed light industrial precinct. 2. The following uses shall be permitted:

Bulk Store

Bus Depot

Chandlery

Convenience Store

Educational Establishment

Lunch Bar

Light Industry

Liquid Fuel Depot

Medical Centre

Motor Vehicle and Marine Sales Premises

Motor Vehicle Repair

Motor Vehicle Wash

Research and Development Facility

Plant Nursery

Public Utility

Recreation Area

Recreation Facility

Service Industry

Service Station

Showroom


Transport Depot

Veterinary Hospital

Warehouse All other uses are not permitted. 3. Notwithstanding Part 4 of the deemed provisions of the Scheme the structure plan shall include the following details: a. No direct vehicular access to lots from Chapman Hill Road or Busselton Bypass; b. Vehicular access to the precinct shall be limited to controlled, shared access points from Chapman Hill Road and the Ambergate North entry road only; c. Service roads and shared, coordinated parking and access shall be provided within the land and along the service road frontage; d. Protection of sites of heritage, conservation or environmental significance; e. Built form and presentation guidelines to ensure the appropriate design and siting of buildings; f. Particular design requirements for landmark buildings to be located at the corner of the Busselton Bypass and Chapman Hill Road and the corner of the Ambergate North entry road and Chapman Hill Road; and g. Other information considered relevant by the local government. 4. All development that adjoins the Busselton Bypass shall have a minimum 24m building setback.

5. Amending Schedule 1 – ‘Interpretations’ by amending the definition of ‘Medical Centre’ to read as follows -

“’Medical Centre’ means premises other than a hospital used by 3 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care’.

6. Amending Schedule 1 – ‘Interpretations’ by deleting ‘Discount Department Store’ and ‘Supermarket’.


7. Amending Schedule 2 – ‘Additional Uses’ by modifying ‘Additional Use 64’ relating to Pt Lot 17 West Street, West Busselton so that the ‘Conditions’ read as follows –

No. PARTICULARS OF LAND

LAND USES PERMITTED/SPECIFIED

CONDITIONS

A64 Pt Lot 17 West Street, West Busselton

Discount Department Store 1. The additional use specified shall be deemed to be a “D” use for the purposes of Part 4 of the Scheme. 2. Development shall be in accordance with a Land Use Concept Plan adopted by the Council. 3. The additional use specified shall comprise a single discount department store with a gross leasable floor area of not less than 5,000m2 and not more than 8,000m2. For the purpose of this clause only ‘Discount Department Store’ means a premises wherein a substantial range of consumer goods are kept in a substantial number of different departments and offered for sale by a single retailer but does not include a supermarket nor a supermarket component’ and ‘Supermarket’ means premises used to sell a range of food and household convenience goods by retail but does not include a discount department store, showroom or takeaway food outlet.’

8. Amending the Scheme Map accordingly.

The Amendment is ‘standard’ under the provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 for the following reasons: 1. The draft Amendment will have minimal impact on land in the Scheme area that is not the subject of

the amendment; and

2. The draft Amendment will have no significant environmental, social, economic or governance impacts on the land in the Scheme area.

Dated this…………..……………………day of…….…….……….……………………20……

….………………………………………… Michael Stephen Lee Archer

CHIEF EXECUTIVE OFFICER


AMENDMENT REPORT


Table of Contents EXECUTIVE SUMMARY ........................................................................................................................... 1

PART 1 – PLANNING BACKGROUND ...................................................................................................... 1

PART 2 – SCHEME PROPOSALS .............................................................................................................. 3

PART 3 – POLICY FRAMEWORK .............................................................................................................. 3

PART 4 – DEVELOPMENT PROPOSALS ................................................................................................... 9

PART 5 – CONCLUSION ......................................................................................................................... 10

SCHEME MAP ....................................................................................................................................... 14

APPENDICES ......................................................................................................................................... 16

City of Busselton Local Planning Scheme No. 21 Scheme Amendment No. 21 Page 1

EXECUTIVE SUMMARY

PART 1 – PLANNING BACKGROUND

The subject land is formally described as Lot 11 and part Lot 803 Chapman Hill Road, Busselton. A copy of the Certificates of Title are at Appendix One. This Scheme Amendment seeks to update the special purpose provisions that apply to the subject land, with the intent of removing the current land use limitations applicable to the north-east corner abutting the Busselton Bypass, and enlarging the land affected by the special purpose zone to also encompass a portion of Lot 803 immediately adjoining to the south. The scope of the remaining special purpose provisions will also be slightly modified to have a more general, overall commercial and mixed light industrial focus as against the existing car and boat sales focus. Changes are also proposed for Schedule 1 – ‘Interpretations’ (specifically in relation to ‘Medical Centre’, ‘Discount Department Store’ and ‘Supermarket’ definitions) and Schedule 2 - ‘Additional Uses (specifically Additional Use 64 that relates to portion of Lot 17 West Street) pursuant to LPS21, in response to issues that have arisen from planning decisions and subsequent appeals that are currently before the State Administrative Tribunal that could similarly occur in relation to the land the subject of this Amendment proposal. Modifications are also proposed to the endorsed Ambergate Automotive Development Guide Plan in response to changes sought by the Amendment. The Structure Plan report is provided separately at Appendix Four and will form a separate application to be progressed concurrently with this Amendment. The proposal has been prepared with regard to the Planning and Development (Local Planning Schemes) Regulations 2015 that took effect on 19 October 2015. This also includes the change in name for the previously approved Development Guide Plan to Structure Plan. The subject land is undeveloped and largely cleared land presently used for grazing. The land has an area of 24.57ha (20.57ha Lot 11 and 4ha part Lot 803). The subject land adjoins the Busselton Bypass to the north, on the opposite side of the Busselton Bypass to the Busselton Light Industrial Area (LIA). The Vasse Diversion Drain is along its western boundary and Chapman Hill Road runs along its eastern boundary. Land further to the west on the opposite side of the drain is largely undeveloped agricultural land that is identified within the Ambergate North Development Area, whilst land further to the east is undeveloped agricultural land that is identified within the Draft Busselton Local Planning Strategy as medium term industrial/service commercial and urban growth. A location plan for the subject land is at Figure 1.



PART 2 – SCHEME PROPOSALS The subject land is in the Special Purpose Zone (Ambergate Automotive Development Area) and the Special Provision Area No 47 and 48, whilst the southern portion of the land in part Lot 803 is within the Agriculture Zone. SP47 applies to the north-east corner of the land and includes more stringent land use permissibilities than SP48 that applies to the balance of the Special Purpose zoned land. The subject land was rezoned to the Special Purpose Zone and the Special Provision Area by Amendment No.179 to the former City of Busselton District Town Planning Scheme No. 20 in 2012. The current Local Planning Scheme No. 21, was gazetted in October 2014 whereby the provisions for the land transferred into the current Scheme format. The obligations applying to the subject land did not change between Schemes, essentially requiring this part of the land to be developed for the purposes of a motor vehicle and marine sales and related activities centre, in accordance with an approved Development Guide Plan. The subject land was identified for this purpose through the City of Busselton Local Commercial Planning Strategy (LCPS) and this was largely the strategic basis underpinning the earlier rezoning. Schedule 3 – Special Provision Areas of the Scheme sets out these obligations at SP47 and SP48 and a copy of this is provided at Appendix Two. These provisions limit land use within SP47 to a focus on car and boat sales, whilst SP48 is less restrictive and is more aligned with the Light Industrial uses within the nearby Busselton LIA, requiring land uses that complement those in SP47. Both SP47 and SP48 require a Development Guide Plan to be approved prior to development or subdivision occurring, setting out the information that must be included within and accompanying the plan. A Development Guide Plan was approved in 2012. A copy of the current approved Development Guide Plan is provided at Appendix Three. This satisfied the various SP47 and SP48 obligations. PART 3 – POLICY FRAMEWORK

The strategic context and basis for application of the Special Provision Area was addressed through Scheme Amendment No.179 and is not sought to be repeated in this exercise given that a special purpose outcome with a commercial and mixed light industrial focus continues to be delivered, an outcome that remains consistent with the LCPS. The extent of change being sought through this Scheme Amendment is summarised as follows:

Remove emphasis of motor vehicle and marine sales from the north-east corner of the land;

Add two new additional land uses as permissible within the site;

Marginally enlarge the extent of the area to which the current special purpose controls apply by also incorporating part of Lot 803;


Amend Schedule 1 – ‘Interpretations’ (specifically in relation to ‘Medical Centre’, Discount Department Store’ and ‘Supermarket’ definitions) and Schedule 2 - ‘Additional Uses’ (specifically Additional Use 64 that relates to portion of Lot 17 West Street); and

Modifying the Structure Plan obligations to align with the changes proposed by the Amendment.

These matters are discussed in turn: Remove Vehicle and Marine emphasis Since the land was rezoned in 2012, the landowner has undertaken extensive marketing and research to try and find suitable occupiers for the land in line with the SP47 aspirations. The landowner has been unable to find any car or boat dealerships to relocate to the land. It is considered that without this as an anchor, creating a precinct with this focus is unachievable. The landowner advises that all major car companies have been contacted and approaches have been made to other existing dealerships in the local area. None are interested in this land for this purpose. Removing the limitations of SP47 and applying the special provisions of SP48 to the whole site is considered appropriate and will introduce greater flexibility as to the occupiers of this part of the site. It is noted that car and boat sales remain permissible, just not the explicit focus of the corner area. SP48 still imposes design and use limitations which, although similar to the Light Industry Zone, maintains key differences which will continue to set this special provision area apart in its own right, particularly from the Busselton LIA located opposite. This is complemented by the design elements of the proposed modified Structure Plan. Add new land uses Along with broadening the application of SP48 to the whole site and part Lot 803, it is proposed to add in two extra permissible land uses into SP48. This is ‘Medical Centre’ and ‘Convenience Store’. These uses are both permissible within the more general light industrial zone which applies within the Busselton LIA and the Business Zone within the City of Busselton Local Planning Scheme No. 21. Unlike these other comparable zones, key differences will be retained in the modified SP48 including no heavier industry uses, retail, shop or take away food uses. It is considered that these two land use additions will add flexibility when seeking new businesses to occupy within this special provision land. It also assists to remove the focus on uses just associated with car and boat sales. Both additional uses will also service other businesses within the precinct, as well as adding choice to consumers in the broader area. Enlarge SP48 area


Extending the Special Purpose zone and Special Provision Area will align the southern boundary of this area more logically with the new road entry into the Ambergate North Development Area from Chapman Hill Road. This entry into the Ambergate North has been identified and designed since the balance of the subject land was rezoned in 2012. Not extending the zoning framework to this new boundary results in fragmented agricultural land that will be unlikely to be used for agricultural purposes. Extending the zone also enables continuity in land use and presentation from the Busselton Bypass to the Ambergate North entry along Chapman Hill Road, as well as opportunity to develop this corner appropriately at this new key entry point into Ambergate North. This change will also ensure improved demarcation of the end of the commercial / light industrial area than an intervening ad hoc stretch of agricultural land. Proposed Changes to Schedule 1 – ‘Interpretations’ and Schedule 2 – ‘Additional Uses Proposed changes to Schedule 1 – ‘Interpretations’ and Schedule 2 – ‘Additional Uses’ are as follows: 1. Schedule 1 – ‘Interpretations’

i. The definition of ‘Medical Centre’ as it currently is in LPS21 – “means consulting rooms and professional accommodation for duly qualified and registered medical practitioners, dentists, physiotherapists, optometrists, chiropodists and pharmacists” to be replaced with the Model Scheme Text definition of ‘Medical Centre’ as set out in the Planning and Development (Local Planning Schemes) Regulations 2015, which reads as follows -

“‘Medical Centre’ means “premises other than a hospital used by 3 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care”.

ii. Delete the following definitions – ‘Discount Department Store’ and ‘Supermarket’.

2. Schedule 2 – ‘Additional Uses’ Amend ‘Additional Use 64’ by inserting definitions for ‘Discount Department Store’ and ‘Supermarket’ to read as follows –

No. PARTICULARS OF LAND LAND USES PERMITTED/SPECIFIED

CONDITIONS


Discount Department Store

1. The additional use specified shall be deemed to be a “D” use for the purposes of Part 4 of the Scheme. 2. Development shall be in accordance with a Land Use Concept Plan adopted by the Council. 3. The additional use specified shall comprise a single discount


department store with a gross leasable floor area of not less than 5,000m2 and not more than 8,000m2. For the purpose of this clause only ‘Discount Department Store’ means a premises wherein a substantial range of consumer goods are kept in a substantial number of different departments and offered for sale by a single retailer but does not include a supermarket nor a supermarket component’ and ‘Supermarket’ means premises used to sell a range of food and household convenience goods by retail but does not include a discount department store, showroom or takeaway food outlet.’

The Amendment proposal seeks to amend the special provisions applicable to the subject land to include ‘Medical Centre’ as a permitted land use. Changes to Schedule 1 – ‘Interpretations’ (specifically in relation to ‘Medical Centre’, Discount Department Store’ and ‘Supermarket’ definitions) and Schedule 2 - ‘Additional Uses’ (specifically Additional Use 64) of the Scheme are proposed in response to issues relating to the ‘Restricted Business’ zone (specifically Lot 17 West Street) that have arisen from planning decisions and subsequent appeals that are currently before the State Administrative Tribunal against those decisions that could similarly occur in relation to the land the subject of this Amendment proposal. The issue relating to the definition of ‘Medical Centre’ in the Scheme concerns the interpretation of ‘pharmacist’ as including a pharmacy component. A pharmacy is a ‘Shop’ (as defined by the Scheme) but is not defined as part of a ‘Medical Centre’. The inclusion of the ‘Supermarket’ and ‘Discount Department Store’ definitions in the Scheme (but not within the Zoning Table of the Scheme) has created the discretion that allows for considering approval of such development outside of areas specifically planned for ‘shop’ uses i.e. the ‘Business’ zone and the part of Lot 17 West Street subject to Additional Use 64. This will, however, have no effect on Additional Use 64. Irrespective of the pending appeal decisions, the key issue remains that the land the subject of this Amendment proposal is not a suitable location for the establishment of shop, discount department store or supermarket uses. The changes proposed will ensure that outside of areas specifically planned for such uses future development reflects that strategic planning direction. Modify Structure Plan provisions SP47 and SP48 set out a range of obligations for new development. The text of SP48 links it to SP47 so given that SP47 is being deleted, this requires remedy. A special provision outcome is still sought, but rather than this being an automotive emphasis, it is proposed to change this to a mixed light industrial/service commercial purpose. This complements


yet is distinct to the neighbourhood and local centres to be developed within Ambergate North and the Busselton LIA opposite. The Planning and Development (Local Planning Schemes) Regulations 2015 and the Structure Plan Framework (August 2015) have also been introduced, as well as Scheme No. 21 since the land was originally rezoned, so other content of SP48 can be removed where it is addressed elsewhere by the Regulations or the Scheme. SP48 sets out obligations relating to various other investigations and plans the developer will prepare prior to approval of the Structure Plan. Although these have been previously addressed by the landowner, some of these obligations will be retained in the SP48 text in the event that the land changes ownership. Aside from these matters, the Structure Plan already approved under SP47 and SP48 has obligations relating to the design and presentation of the site, particularly in relation to access points and the visual appearance of new development, including a service road along the road frontages and having large, anchor type tenants presenting to the bypass. These design outcomes are sought to be retained in the modified SP48. Other strategic considerations Aside from these modifications, other matters also influence changing the present regime to enable a more flexible outcome to be achieved on the subject land. City of Busselton Draft Local Planning Strategy (LPS) The draft Local Planning Strategy (LPS) was advertised in October 2013. The City of Busselton adopted the draft LPS for final approval in September 2016 and it is currently with the WAPC for endorsement. The LPS identifies the subject land as existing industrial / service commercial, as well as reinforcing the lands status abutting strategic access roads. An extract of the adopted LPS plan is provided at Figure 2. Whilst the LPS shows Lot 803 as open space, this is the open space that connects along the Vasse Diversion drain boundary along the remainder of the subject land, linking the new outer Busselton Bypass with the current Bypass and the Busselton LIA. This connecting link will be retained within part Lot 803 alongside the drain. The entry into Ambergate is shown in the LPS as a ‘planned potential strategic local road’ connecting through to the east as well as to the west into Ambergate North. Reinforcing this entry and the need for design requirements to support its entry function will form a part of the Structure Plan obligations.

Land opposite the subject land on the other side of Chapman Hill Rd is currently zoned Agriculture

however the Draft LPS identifies this as medium term Industrial / Service Commercial, the same

classification as the subject land and the existing Busselton LIA on the other side of the Bypass. This


recognition supports strengthening the purpose of the subject land away from the narrow car and

boat sales focus.

There are no local centres proposed proximate to Chapman Hill Rd in the Draft LPS. There is a new

Town Centre planned within Ambergate North, as well as a local centre, however these are on the

western side of Ambergate North, away from the subject land. It is possible that Ambergate North

will initially develop from the east to the west and hence some access to local services that may be

provided within the Special Purpose area in the interim, yet different to that being planned for within

Ambergate, is desirable. In any event, the service commercial and mixed light industrial purpose and

the permissible land uses in the new SP48 appropriately restrict this aspect.

Figure 2 – Extract Draft Busselton Local Planning Strategy


Scheme No. 21

The Special Provisions proposed will ensure that the subject land is different to the Busselton LIA

located on the other side of the Busselton Bypass. Whilst some permissible land uses are the same,

not all light and general industrial uses will be permissible. Also, the design parameters within the

Special Provision Area will be different. This includes increased setbacks to the road frontages (20m

in the Structure Plan as against 15m in the Industrial local policy), obligation for a service road within

the setback area and other design considerations including shared access and parking and green

space along the Vasse Diversion Drain and the Busselton Bypass. This reflects the Development Guide

Plan approved in 2012 under the existing SP47 and SP48 provisions.

PART 4 – DEVELOPMENT PROPOSALS

It is proposed to amend the Special Provision Area control as outlined in the resolution at the conclusion of this report. Essentially SP47 is deleted from the Scheme, and this land becomes a part of the existing SP48. SP48 is enlarged to include part Lot 803 Chapman Hill Road and the accompanying SP48 Scheme text is amended to add in the permissible land uses of ‘Medical Centre’ and ‘Convenience Store’, alongside modification of the Structure Plan content and other text requirements to align it with the revised purpose. It is noted that these changes maintain the fundamental features of the current approved Development Guide Plan obligations including:

Subdivision and development shall be generally in accordance with an approved Structure Plan.

Structure Plan requirements relating to minimising access points, specifying a considered presentation of the site to its road frontages and obligations for an open space reserve alongside the Vasse Diversion Drain and Busselton Bypass; and

In terms of changes to the Structure Plan content, these will:

Provide nexus with other current Scheme No. 21 and Regulated provisions. For example the term Development Guide Plan is updated to Structure Plan, and the Structure Plan content is now more limited in line with the Structure Plan Framework (August 2015). In particular it is no longer necessary to specify visually in a Structure Plan detailed subdivision matters like proposed lot yield, lot sizes, building envelopes and distribution of land uses.

Ensure that the requirements in SP48 in relation to design outcomes are explicitly said, including in relation to the service road, access points and building setback. This aligns these with these elements of the current approved Development Guide Plan. Additional expectations have been added in with regards to built form outcomes however the ultimate size and shape of individual lots will be up to the market to determine.


The open space reserve and setback along the Vasse Diversion drain will be extended through part Lot 803.

Additional design requirements have been added with regards to buildings fronting the Busselton Bypass, for the corner of Chapman Hill Road and the Bypass, and for the corner site at the entry into Ambergate North.

The precinct will change in name from the Ambergate Automotive Development Area to the Ambergate Industrial/Service Commercial Development Area.

PART 5 – CONCLUSION

The proposed changes to the City of Busselton Local Planning Scheme Number 21 are minor and do

not change the intent of developing this land for Special Commercial purposes.

The changes are particularly consistent with the Draft City of Busselton Local Planning Strategy, as

well as remaining consistent with the catalysts that underpinned the earlier rezoning, including the

City of Busselton Local Commercial Strategy.

The changes proposed realise an improved and more viable outcome for this prominent site

alongside the Busselton Bypass, and encapsulate an appropriate land use and urban design outcome

for the corner of Chapman Hill Road and the new entry into Ambergate North.


PLANNING AND DEVELOPMENT ACT 2005

CITY OF BUSSELTON

LOCAL PLANNING SCHEME No. 21

AMENDMENT No. 21 The City of Busselton under and by virtue of the powers conferred upon it on that behalf by the Planning and Development Act, 2005 hereby amends the above Local Planning Scheme by: 1. Rezoning a portion of Lot 803 Chapman Hill Road, Bovell from ‘Agriculture’ to ‘Special Purpose (Ambergate Industrial/Service Commercial Development Area)’.

2. Deleting Special Provision Area 47 from Schedule 3 ‘Special Provision Areas’.

3. Amending the boundary of ‘Special Provision Area 48’.

4. Amending Schedule 3 ‘Special Provision Areas’ as follows –

SP48 Lot 11 and part Lot 803 Chapman Hill Road, Bovell

Special Purpose (Ambergate Industrial/Service Commercial Development Area)

1. The intent of this special provision area is to enable the use and development of the site as a service commercial and mixed light industrial precinct. 2. The following uses shall be permitted:

Bulk Store

Bus Depot

Chandlery

Convenience Store


Lunch Bar

Light Industry

Liquid Fuel Depot

Medical Centre

Motor Vehicle and Marine Sales Premises


Motor Vehicle Wash


Plant Nursery

Public Utility

Recreation Area

Recreation Facility

Service Industry

Service Station

Showroom

Transport Depot

Veterinary Hospital


Warehouse All other uses are not permitted. 3. Notwithstanding Part 4 of the deemed provisions of the Scheme the structure plan shall include the following details: a. No direct vehicular access to lots from Chapman Hill Road or Busselton Bypass; b. Vehicular access to the precinct shall be limited to controlled, shared access points from Chapman Hill Road and the Ambergate North entry road only; c. Service roads and shared, coordinated parking and access shall be provided within the land and along the service road frontage; d. Protection of sites of heritage, conservation or environmental significance; e. Built form and presentation guidelines to ensure the appropriate design and siting of buildings; f. Particular design requirements for landmark buildings to be located at the corner of the Busselton Bypass and Chapman Hill Road and the corner of the Ambergate North entry road and Chapman Hill Road; and g. Other information considered relevant by the local government. 4. All development that adjoins the Busselton Bypass shall have a minimum 24m building setback.

5. Amending Schedule 1 – ‘Interpretations’ by amending the definition of ‘Medical Centre’ to read as follows -

“’Medical Centre’ means premises other than a hospital used by 3 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care’.

6. Amending Schedule 1 – ‘Interpretations’ by deleting ‘Discount Department Store’ and ‘Supermarket’.


7. Amending Schedule 2 – ‘Additional Uses’ by modifying ‘Additional Use 64’ relating to Pt Lot 17 West Street, West Busselton so that the ‘Conditions’ read as follows –

No. PARTICULARS OF LAND

LAND USES PERMITTED/SPECIFIED

CONDITIONS


Discount Department Store 1. The additional use specified shall be deemed to be a “D” use for the purposes of Part 4 of the Scheme. 2. Development shall be in accordance with a Land Use Concept Plan adopted by the Council. 3. The additional use specified shall comprise a single discount department store with a gross leasable floor area of not less than 5,000m2 and not more than 8,000m2. For the purpose of this clause only ‘Discount Department Store’ means a premises wherein a substantial range of consumer goods are kept in a substantial number of different departments and offered for sale by a single retailer but does not include a supermarket nor a supermarket component’ and ‘Supermarket’ means premises used to sell a range of food and household convenience goods by retail but does not include a discount department store, showroom or takeaway food outlet.’

8. Amending the Scheme Map accordingly.

AADA

ANDA

BP

BP

SP 47

SP 48

SP 48

AISCDA

EXISTING ZONING

PROPOSED ZONING

S

W E

N

CITY OF BUSSELTON

Amendment No. x

SCHEME No. 21

LOCAL PLANNING

RO

AD

HIL

L

CH

AP

MA

N

BUSSELL

HIG

HW

AY

COOK STREET

R20

A40

R2.5

RO

AD

HIL

L

CH

AP

MA

N

BUSSELL

HIG

HW

AY

COOK STREET

D

(SEE SCHEME TEXT FOR ADDITIONAL INFORMATION)

LOCAL SCHEME RESERVES


LOCAL SCHEME ZONES

PUBLIC PURPOSES : DRAIND

RECREATION


OTHER CATEGORIES

R CODESR20

A1 ADDITIONAL USES

BUSSELTON

DEVELOPMENT CONTRIBUTION AREADCA1

DEVELOPMENT INVESTIGATION AREADIA1

RURAL REMAINDER

SPECIAL PROVISION AREASP1

NO ZONE

WATERBODIES

AGRICULTURE

INDUSTRIAL

RESIDENTIAL

SPECIAL PURPOSE : AMBERGATE AUTOMOTIVE DEVELOPMENT AREAAADA

SPECIAL PURPOSE : AMBERGATE NORTH DEVELOPMENT AREAANDA

SPECIAL PURPOSE : BYPASSBP

15214P-AM-01


ADOPTION

Adopted by resolution of the Council of the City of Busselton at the Meeting of the Council held on the

…………………………… day of …………………………………. 20……

…………………………………………………………. Grant Douglas Henley

MAYOR

…………………………………………………………. Michael Stephen Lee Archer


FINAL APPROVAL

Adopted for Final Approval by resolution of the City of Busselton at the Meeting of the Council held on the

…………………………… day of …………………………… 20…….. and the Common Seal of the City of Busselton was

hereunto affixed by the authority of a resolution of the Council in the presence of:

…………………………………………………………. Grant Douglas Henley

MAYOR

…………………………………………………………. Michael Stephen Lee Archer


Recommended/Submitted for Final Approval

…………………………………………………………. Delegated under S.16 of the

Planning & Development Act 2005

Date …………………………………………………

Final Approval Granted

…………………………………………………………. HON. MINISTER FOR PLANNING

Date …………………………………………………


APPENDICES

1. Certificates of Title 2. Existing Schedule 3 – Special Provision Areas 3. Ambergate Automotive Development Guide Plan 4. Structure Plan Report

JOB 49881302Thu Jan 14 11:53:32 2016

JOB 49881302Thu Jan 14 11:53:32 2016

APPENDIX TWO: EXISTING SCHEDULE 3 LPS21

Schedule 3 – Special Provision Areas [cl 6.3.1]

No. PARTICULARS OF LAND ZONE SPECIAL PROVISIONS

SP47 Lot 11 Chapman Hill Road, Ambergate

Special Purpose (Ambergate Automotive Development Area)

1. The intent of this Special Provision Area is to facilitate the development of an attractive, well serviced and convenient site for the long term growth and expansion of motor vehicle and marine sales premises and related activities. The primary objective is to ensure that land uses within the area involve or are directly reliant upon or directly related to motor vehicle and marine sales.

2. The following uses shall be permitted:

Bus Depot

Chandlery


Liquid Fuel Depot

Motor Vehicles and Marine Sales Premises



Service Station

Transport Depot

Warehouse All other uses are not permitted.

3. Subdivision and Development shall be generally in

accordance with the Development Guide Plan for the land adopted by Council and endorsed by the Western Australian Planning Commission pursuant to Part 7 of the Scheme.

4. Notwithstanding the provisions of Part 7 of the Scheme, the Development Guide Plan shall include the following details: a. the proposed lot yield and minimum and average lot

sizes; b. any proposed building envelopes; c. the proposed distribution of land uses; d. services and infrastructure; e. proposals for vehicular access, parking, loading and

unloading areas, storage yards and rubbish collection closures;

f. the proposed location, orientation and design of buildings and the space between buildings;

g. proposals for advertising signs, lighting and fencing including design requirements and amenity controls on the use of illuminated and pylon signage;

h. proposals for landscaping, landscape design finished site levels and drainage;

i. protection of sites of heritage, conservation or environmental significance;

j. land use/visual amenity and development controls and guidelines to ensure the appropriate design, siting and heights of buildings particularly those buildings which will be visible from the Busselton Bypass and Chapman Hill Road;

k. the need for pedestrian and cyclist facilities to and within the site where appropriate; and

l. such other information considered relevant by the local government.

5. Prior to final approval of the Development Guide Plan the

developer will prepare: a. a Local Water Management Strategy (LWMS) for the

full extent of the site in accordance with the principles outlined in Better Urban Water Management (WAPC, 2008). The LWMS will be prepared to the satisfaction of the City of Busselton and Department of Water.

b. an ethnographic and archaeological survey with the findings to be reported to the Council and the Department of Indigenous Affairs.

c. a mosquito management and implementation strategy (which may be integrated with the drainage management plan).

d. a traffic and parking management plan. e. a landscaping plan. f. a drainage management plan. g. a fire management plan. h. an acid sulphate soil investigation to determine the

presence, extent and severity of ASS. If the site is found to contain ASS, an ASS management plan is to be prepared prior to the commencement of subdivision works.

6. The provisions of the endorsed Development Guide Plan

apply to the land as if its provisions were incorporated into the Scheme and are binding and enforceable in the same manner as those provisions included in the Scheme.

7. All provisions (such as land use and development controls or approval procedures) applicable to a zone or reserve pursuant to the Scheme shall apply to the corresponding land use designations pursuant to the endorsed Development Guide Plan, however, nothing on the Development Guide Plan can extend the range of permitted land uses as set out in provision 2.

SP48 Lot 11 Chapman Hill Road, Ambergate

Special Purpose (Ambergate Automotive Development Area)

1. The intent of this Special Provision Area is to enable the use and development of the site in order to complement use of the balance portion of Lot 11 Chapman Hill Road (the subject of Special Provision area 47).

2. The following uses shall be permitted:

Bulk Store

Bus Depot

Chandlery


Lunch Bar

Light Industry

Liquid Fuel Depot

Motor Vehicles and Marine Sales Premises


Motor Vehicle Wash


Plant Nursery

Public Utility

Recreation Area

Recreation Facility

Service Industry

Service Station

Showroom

Transport Depot

Veterinary Hospital

Warehouse All other uses are not permitted.

3. Subdivision and Development shall be generally in

accordance with the Development Guide Plan for the land adopted by Council and endorsed by the Western Australian Planning Commission pursuant to Part 7 of the Scheme.

4. Notwithstanding the provisions of Part 7 of the Scheme, the Development Guide Plan shall include the following details: a. the proposed lot yield and minimum and average lot

sizes; b. any proposed building envelopes; c. the proposed distribution of land uses; d. services and infrastructure; e. proposals for vehicular access, parking, loading and

unloading areas, storage yards and rubbish collection closures;

f. the proposed location, orientation and design of buildings and the space between buildings;

g. proposals for advertising signs, lighting and fencing including design requirements and amenity controls on the use of illuminated and pylon signage;

h. proposals for landscaping, landscape design finished site levels and drainage;

i. protection of sites of heritage, conservation or environmental significance;

j. land use/visual amenity and development controls and guidelines to ensure the appropriate design, siting and heights of buildings particularly those buildings which will be visible from the Busselton Bypass and Chapman Hill Road;

k. the need for pedestrian and cyclist facilities to and l. where appropriate; and m. such other information considered relevant by the

local government.

5. Prior to final approval of the Development Guide Plan the developer will prepare: a. a Local Water Management Strategy (LWMS) for the

full extent of b. the site in accordance with the principles outlined in

Better Urban Water Management (WAPC, 2008). The LWMS will be prepared to the satisfaction of the City of Busselton and Department of Water.

c. an ethnographic and archaeological survey with the findings to be reported to the Council and the Department of Indigenous Affairs.

d. a mosquito management and implementation strategy (which may be integrated with the drainage management plan).

e. a traffic and parking management plan. f. a landscaping plan. g. a drainage management plan. h. a fire management plan. i. an acid sulphate soil investigation to determine the

presence, extent and severity of ASS. If the site is

found to contain ASS, an ASS management plan is to be prepared prior to the commencement of subdivision works.

6. All provisions (such as land use and development controls

or approval procedures) applicable to a zone or reserve pursuant to the Scheme shall apply to the corresponding land use designations pursuant to the endorsed Development Guide Plan, however, nothing on the Development Guide Plan can extend the range of permitted land uses as set out in provision 2.

7. The provisions of the endorsed Development Guide Plan apply to the land as if its provisions were incorporated into the Scheme and are binding and enforceable in the same manner as those provisions included in the Scheme.

APPENDIX THREE: APPROVED DEVELOPMENT GUIDE PLAN

CITY OF BUSSELTON LOCAL PLANNING SCHEME No ......City of Busselton Local Planning Scheme No. 21 Scheme Amendment No. 21 Page 3 PART 2 – SCHEME PROPOSALS The subject land is in the

Documents