LOCAL PLANNING STRATEGY · This is a copy of the Local Planning Strategy ... It is anticipated that there will be a continued high ... The new Industrial Area requires detailed planning

SHIRE OF TOODYAY

Endorsed by the Western Australian Planning Commission 19 December 2007

DISCLAIMER

This is a copy of the Local Planning Strategy at the date of endorsement produced from an electronic version of the Strategy held by the Department for Planning and Infrastructure. Whilst all care has been taken to accurately portray the current Strategy provisions, no responsibility shall be taken for any omissions or errors in this documentation. Consultation with the respective Local Government Authority should be made to view a current legal version of the Strategy. Please advise the Department for Planning and Infrastructure of any errors or omissions in this document.

LOCAL PLANNING STRATEGY

DISCLAIMER

The findings and information expressed in this document are based upon information provided by apparently reliable sources however the information cannot be guaranteed. Accordingly, all interested parties should make their own inquiries to verify the information, as well as any additional or supporting information supplied, and it is the responsibility of interested parties to satisfy themselves in all respects.

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Shire of Toodyay Local Planning Strategy Page No. i

INTRODUCTION 1. The Shire of Toodyay borders the north-eastern edge of the Perth Metropolitan Region and

the Toodyay townsite is situated approximately 80 kilometres from the Perth CBD. 2. The Shire spans an area of 1683 square kilometres and is situated at the gateway of the

Avon Valley. Settlement is consolidated primarily around the Toodyay townsite or accommodated within one of the special rural subdivision areas located throughout the Shire.

3. Toodyay forms part of the Western Australian Wheatbelt and a significant proportion of its

land is used for agricultural activities. 4. The Shire has experienced a migration of people from the Perth metropolitan area who are

seeking an alternative semi-rural lifestyle. With commuter train services available, an ageing population and increasing numbers of people working from home, this trend is likely to continue. Settlement trends are further emphasised by the booming mining industry in Western Australia and the increasing numbers of fly in fly out workers looking for an alternative lifestyle as their home base and as a safe place for their families.

5. The Shire of Toodyay Local Planning Strategy has been prepared to guide the planning and

development of the Shire over the next 10 to 15 years. This document supports the Shire of Toodyay Local Planning Scheme No 4 and should be read in conjunction with the Local Planning Strategy Maps.

SETTLEMENT STRATEGY 6. The Shire of Toodyay is emerging as part of the extended northeast corridor of an expanding

Perth metropolitan region. 7. The Shire contains one main urban centre and seven precincts set aside for Rural

Residential (previously known as Special Rural) living. Some of these precincts are remote from Toodyay, particularly Julimar and Morangup which are respectively to the west and southwest of the townsite. These developments offer little reinforcement to the townsite’s role as the primary service centre for the Shire. In addition, maintaining the infrastructure and roads in these areas, in view of their remoteness and density of development, is proving to be challenging for the Shire.

8. Additional land will be required to accommodate projected population growth and

development pressures. It is important that land identified for closer subdivision to accommodate future growth is developed in a manner that:

• Is commensurate with the availability or provision of infrastructure, ensuring that there

is adequate services for new development; • Minimises disruption to existing agricultural pursuits and prime agricultural land through

encroachment of rural smallholding development and incompatible land uses; • Reinforces and promotes Toodyay as a district centre and as the primary centre for

future urban growth and service provision; • Recognises and protects heritage, landscape and environmental values; • Provides for a range of housing choices; • Encourages creative planning and design responses to local site features, landscape,

character and identity; and • Ensures that development occurs in a manner which is sustainable for the Shire of

Toodyay to manage and maintain. 9. The Local Planning Strategy aims to provide a strategic direction and a framework for

decision making, so as to implement the above principles for future development within the

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Shire. The Local Planning Strategy also provides the rationale for the requirements contained within the Local Planning Scheme No 4.

EXPECTED GROWTH & DEVELOPMENT PRESSURES 10. By 2021, the Shire of Toodyay is expected to have a total population of between 6,720 and

7,410, based on a maximum growth rate of 3% per annum. This rate of growth is considered to be the most realistic and sustainable for the Shire.

10. The Local Planning Strategy provides for an additional 1,200 properties to cater for the

projected population growth. 11. The Strategy aims to identify a sustainable settlement pattern to accommodate projected

population growth. This settlement pattern focuses on the Toodyay townsite as the key service centre within the Shire.

12. It is anticipated that there will be a continued high level of demand for Rural Residential

(previously known as Special Rural) and rural lifestyle lots. While the majority of the Shire’s Rural Residential (previously known as Special Rural) lots are between 2 ha and 5 ha, recent trends have favoured larger lots between 5 ha and 40 ha. The Strategy provides suitable land for rural lifestyle development that caters for future needs.

13. The Strategy recognises the importance of carefully planning the urban rural fringe

surrounding the townsite. In this area, land uses change and incompatible land uses are likely to occur. As a general rule, the Strategy discourages Rural Residential (previously known as Special Rural) development on the edge of the townsite as this form of development is difficult to re-subdivide when it is required for urban use.

14. High quality, productive agricultural land is a limited resource within the Shire. Concerns

have been raised that agricultural land is being replaced by rural smallholding or other incompatible developments. The Local Planning Strategy aims to protect productive agricultural landholdings and traditional broad acre farming activities from conflicting land uses and further fragmentation, whilst recognising the need to designate areas where alternative or intensified rural activities would be considered.

15. Tourism and related activities has significant potential to expand within the Shire of Toodyay.

The Local Planning Strategy aims to promote tourist ventures and protect the key tourist attractions of the Shire, including the dramatic landscape, heritage values and country lifestyle.

LOCAL PLANNING STRATEGY 16. Section 3 of the document outlines the core objectives and guidelines of the Local Planning

Strategy, providing the basis for future land use and a context for the land zoning contained within Local Planning Scheme No 4.

Town Centre 17. The Local Planning Strategy maintains and promotes the Toodyay townsite as the District

Service Centre of the Shire. The Strategy identifies the following objectives for the Town Centre:

• To be the principal centre for retail and commercial development, whilst encouraging a

mix of land uses. • To maintain a residential population in a variety of housing types to encourage activity

and vibrancy within the town.

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Shire of Toodyay Local Planning Strategy Page No. iii

• To provide for the commercial, shopping, health, civic, community and entertainment needs of the Shire’s community, now and in the future.

• To maintain its role as a central meeting place and as a tourist destination. • To provide for the expansion of the townsite in a manner that is convenient and

accessible for users, whilst maintaining the heritage values, character and amenity of the town.

• To intensify land uses and development in the vicinity of the railway station to encourage increased patronage of services.

• To improve the interaction between the Town Centre and the adjoining river environment.

Mixed Business 19. The Toodyay townsite currently has a number of businesses at its southern entry that are

industrial in nature. As the town develops, this area could potentially create a problem for the nearby residential uses.

20. The Local Planning Strategy and Local Planning Scheme No 4 propose a Mixed Business

zone to instigate the transition of this area. Future land use aims to be more compatible with residential dwellings while providing an area for commercial development.

Industrial Land 21. Toodyay’s industrial needs are currently serviced at the Extracts Light Industrial Area. This

area has little capacity for expansion and is expected to reach its maximum capacity by 2010.

22. The Local Planning Strategy designates a future industrial area, east of the proposed

Bypass. This area will have the capacity to accommodate the future long term industrial needs of the Shire.

23. The new Industrial Area requires detailed planning and a scheme amendment before it may

be released. Community / Recreation 24. Toodyay’s recreational facilities are currently scattered throughout the townsite, with major

activities accommodated at the Toodyay Showgrounds. The Shire also has a number of public open space parcels serving a range of purposes, though many remain as undeveloped land.

25. Considering the expected growth of Toodyay, an assessment of the Shire’s public open

space and recreational facilities is required to determine whether it is meeting current needs and are sufficient to cater for the growing population.

Urban Development 26. Considering an ultimate population of 7,410 people by 2021 and that 40% of the current

population resides within the townsite, at least 500 new urban dwelling units will need to be created within the Toodyay townsite.

27. The Local Planning Strategy designates urban land to accommodate town growth over the

next 15 years. It aims to ensure land availability for a range of residential lifestyles and associated community facilities while consolidating urban development in areas close and readily accessible to the Toodyay town centre.

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Shire of Toodyay Local Planning Strategy Page No. iv

28. The primary areas designated to accommodate townsite expansion include:

• The two large scale residential subdivisions proposed north and south of the Goomalling Toodyay Road, east of the existing townsite, which will likely result in 650-700 lots;

• The two smaller residential areas proposed at the intersection of the Northam Toodyay Road, west of the Extracts Industrial Area and the Glencoe Estate. Given the constraints of these sites, they are unlikely to result in a substantial number of residential lots.

The remainder of urban land will be provided via infill development on land that has been zoned for residential use for a number of years. A future Residential or Housing Strategy may be required to address the basis for infill development, the preferred nature and form of development, structure planning and the means for achieving infrastructure provision.

Rural Smallholdings 29. The Strategy identifies areas suitable for Rural Residential (previously known as Special

Rural) and Rural Living development. The Rural Residential (previously known as Special Rural) zone is characterised by lot sizes of between 2 ha and 5 ha, while the Rural Living zone will accommodate lots between 5 ha and 40 ha (average lot size of 15-20 ha).

30. The Strategy provides for an additional 230 Rural Residential (previously known as Special

Rural) lots and approximately 200 Rural Living lots. This land will be able to accommodate 1,000 new persons within the Shire.

31. The Strategy aims to take a realistic approach to rural smallholding development by

allocating land based on estimates of demand, not upon speculative development. 32. Detailed objectives and strategies for the Rural Residential (previously known as Special

Rural) and Rural Living areas are provided within the Strategy, including the criteria on which future scheme amendment and subdivision proposals will be assessed.

33. The Local Planning Strategy does not support the re-subdivision of Rural Residential

(previously known as Special Rural) land created under previous Local Planning Schemes and existing at the time of the gazettal of Local Planning Scheme No 4.

General Agriculture 34. A primary objective of the Strategy is to protect valuable agricultural land for sustainable

production. 35. The subdivision of land designated for General Agricultural purposes is not supported unless

the proposals are for the rationalisation of lot boundaries to improve existing agricultural activities or to provide road access to landlocked land parcels.

Landscape Protection 36. The Strategy recognises the high landscape values and scenic qualities of the Shire and the

potential for these resources to attract residents and visitors to the Shire. 37. The Strategy endeavours to maintain the open character of the rural landscape and conserve

and enhance land with special conservation or landscape values. The potential for the landscape to be destroyed by poorly sited and designed developments is noted.

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38. Special provisions are detailed within the Local Planning Strategy and recommended for

inclusion into the Local Planning Scheme No 4 to offer statutory protection for scenic landscape values and the retention of prominent visual features, in particular:

• The hills surrounding the Toodyay townsite which provide a prominent visual backdrop

to the town and make a significant contribution to the ‘rural village’ character of Toodyay;

• The vistas and rural character viewed along the major roadways entering the Toodyay townsite;

• The other areas of high scenic and landscape value throughout the Shire. This component provides for the protection of ridgelines and critical skylines, while minimising the potential negative impacts of subdivision and development on steeply sloping land (i.e. land degradation, erosion and soil stability); and

• The Strategy and Local Planning Scheme No 4 also include a Special Control Area for the Avon River Valley to provide for the protection of this landscape feature and the waterway.

Transport Planning 39. A major component of the Local Planning Strategy is to focus the further expansion of urban

and rural subdivision along the major road transport corridors emanating from Toodyay townsite.

40. The Strategy identifies the current status of major transport routes throughout the Shire and

makes some general statements on the future use of these roadways based on the recommendations of the Local Planning Strategy.

41. The Local Planning Strategy makes provision for the proposed Toodyay Bypass, a major

heavy haulage transport route east of the townsite. The land for the Toodyay Bypass has been acquired, though monies for its construction are not currently scheduled. The delayed construction of this road is having an impact upon Stirling Terrace, the main road through the town, and the Strategy recognises the high priority for the construction of the Bypass.

42. The town of Toodyay is serviced with a daily passenger train service. The Strategy

recognises the potential for increased commuter rail travel by encouraging higher residential densities near the train station.

DEVELOPMENT AND LAND USE MANAGEMENT PRACTICES 43. Part 4 of the Local Planning Strategy details the development standards and land

management practices that will be applied to all scheme amendment, subdivision and development proposals.

44. The development standards and land use management practices detailed in the Strategy are

necessary to ensure that proposals address strategic planning objectives, sustainable rural development principles and encourage innovative designs that respond to the environment and preserve the physical features of the land.

45. Proposals under the Local Planning Strategy will need to address matters relating to:

• Land Use; • Landscape Protection; • Resource Protection; • Fire Management; • Infrastructure Provision – water, effluent disposal, roads etc;

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Shire of Toodyay Local Planning Strategy Page No. vi

• Land Management – Management of land capability issues such as erosion and salinity, stocking, clearing, fencing, conservation and recreation areas;

• Management of Avon River and other watercourses; and • Development Plans and Subdivision Design – building areas, lot access etc.

Shire of Toodyay Local Planning Strategy Page No. 1

TABLE OF CONTENTS

1.0 INTRODUCTION 4

1.1 Shire of Toodyay - Background 4 1.1.2 Location 4 1.1.3 Historical Framework 4 1.1.4 Major Land Uses 7

1.2 Planning Context 7 1.2.1 State Planning Strategy 7 1.2.2 Avon Arc Sub-Regional Strategy 9 1.2.3 State Policy Framework 9 1.2.4 Western Australian State Sustainability Strategy 10 1.2.5 Local Planning 11 1.2.6 Toodyay Townsite Development Strategy 12 1.2.7 Regional Natural Resource Management Strategies 13

1.3 Approach to the Local Planning Strategy 13 1.3.1 Requirements for a Local Planning Strategy 13 1.3.2 Planning Period 13 1.3.3 Council’s Strategic Aims 14 1.3.4 Strategic Directions 14

2.0 PLANNING ISSUES 16

2.1 Development and Land Use Pressures 16

2.2 Population Growth 16 2.2.1 Implications of Population Growth 18

2.3 Settlement Patterns 19 2.3.1 Settlement Hierarchy 19 2.3.2 Rural-Residential & Rural Lifestyle Settlement 20

2.4 Protection of Agricultural Land 20

2.5 Managing Alternative Rural Land Uses 21 2.5.1 Intensive Rural Enterprises 21 2.5.2 Noxious Agricultural Land Uses 21 2.5.3 Extractive Industries & Minerals 21 2.5.4 Tourism 22

2.6 Environmental Values 22 2.6.1 Conservation, Crown and 'System 6' Reserves 22 2.6.2 Protection of the Avon River 22 2.6.3 Landscape Protection 23

2.7 Heritage 24 2.7.1 Heritage Areas 24 2.7.2 Aboriginal Heritage 24 2.7.3 Natural Heritage 25

2.8 Managing the Urban Rural Fringe 25


3.0 LOCAL PLANNING STRATEGY 27

3.1 Strategic Objectives 27

3.2 Town Centre and Supporting Services 28 3.2.1 Town Centre 28 3.2.2 Mixed Business Area 30 3.2.3 Industrial Areas 30 3.2.4 Recreational Facilities 32

3.3 Urban Development Strategy 32 3.3.1 Residential 33 3.3.2 Residential Development 33 3.3.3 Special Residential 34

3.4 Rural Development Strategy 34 3.4.1 Rural Residential (previously known as Special Rural) (2 - 5ha): 35 3.4.2 Rural Living (5 ha – 40 ha lot size range / 15 ha – 20 ha lot size average): 36

3.5 Protection of Broad Acre Agricultural Land 37

3.6 Intensive Agriculture 38

3.7 Landscape Protection 38 3.7.1 Town Hills 38 3.7.2 Road Vistas 39 3.7.3 Other Shire Landscape Features 40

3.8 Resource Protection 41

3.9 Transport 41 3.9.1 Roads 41 3.9.2 Heavy Haulage Routes and Toodyay Bypass 43 3.9.3 Rail Transport 43

4.0 DEVELOPMENT & LAND USE MANAGEMENT PRACTICES 45

4.1 Introduction 45

4.2 Land Use 45

4.3 Subdivision 46

4.4 Infrastructure Provision 46 4.4.1 Water 46 4.4.2 Effluent Disposal 47 4.4.3 Roads 48

4.5 Natural Resource Management 48 4.5.1 Issues 48 4.5.2 Management 50

4.6 Subdivision Design Guidelines 53 4.6.1 Building Areas 53 4.6.2 Lot Access 54 4.6.3 Second Dwellings on Rural Lots 54 4.6.4 Transportable Dwellings 54


4.6.5 Subdivision Design 55 4.6.6 Buffers 55

5.0 LOCAL PLANNING SCHEME REQUIREMENTS 56

6.0 REFERENCES 57

APPENDIX 1 59

7.0 APPROVALS 61

Table of Figures FIGURE 1 – Shire of Toodyay Locality Map 5FIGURE 2 – Shire of Toodyay Seven Policy Areas 6FIGURE 3 – Regional Settlement Pattern 8


1.0 INTRODUCTION

1.1 Shire of Toodyay - Background

This Local Planning Strategy has been prepared to guide the Shire of Toodyay in the planning of its urban and rural areas over the next 10 to 15 years. The Strategy addresses the whole Shire and its focus is to identify suitable areas for urban, rural lifestyle, general agricultural, commercial and industrial development.

The Shire of Toodyay Local Planning Strategy document is to be read in conjunction with the Local Planning Strategy maps, one covering the whole Shire and a second showing the Toodyay townsite in more detail. 1.1.2 Location The Shire of Toodyay borders the north-eastern edge of the Perth Metropolitan Region, adjoining the City of Swan and Shire of Mundaring to the south, the Shires of Northam and Goomalling to the east, the Shire of Victoria Plains to the north and the Shire of Chittering to the west. The Shire, which spans an area of 1683 square kilometres, has at its heart the Avon Valley - the catchment for a major agricultural area in Western Australia's early development.

The Toodyay townsite is located 80 kilometres northeast of central Perth, approximately a 45 minute drive from Midland (See Figure 1). Settlement is consolidated primarily around the Toodyay townsite or accommodated within one of the special rural subdivision areas contained within seven policy areas defined under Town Planning Scheme No 3 (See Figure 2).

1.1.3 Historical Framework The early settlement of the Toodyay District forms an important part in the historical development of Western Australia. In the early days of the Colony, the sandy soils of the Swan Coastal Plain failed to meet original expectations of fertility and so the Avon Valley became a major agricultural and pastoral region serving the Colony.

The original holdings were large, but the cycles of prosperity and depression, which were characteristic of the first 100 years of the Colony, led to the subdivision of many larger holdings into farmlets, which could only provide for basic subsistence living. The history of the area is important in the context of the preparation of this Strategy as it explains the current pattern of settlement and subdivision and provides the backdrop for future planned settlement.




1.1.4 Major Land Uses Toodyay forms part of the Western Australian Wheatbelt and comprises agricultural activities that reflect the Shire's transitional status between the wet south-west and the dry interior of the state. To the east of the Shire, there is an increase in the proportion of farmland devoted to cropping, (mostly wheat) where rainfall is lower, soils change from gravels to sandy loams and natural vegetation changes from the heavily timbered jarrah and wandoo associations to the York gum and jam associations. West of the Avon River Basin, where there are the fertile soils of the river valley, more properties are dedicated to grazing than cropping. A large area through the centre of the Basin has traditionally been used for a combination of cropping and grazing activities. In all areas, however, dry land agriculture is the predominant use of agricultural land. The major produce is wheat and other cereals, including more recently, lupins. Sheep is the major livestock, for wool and meat, although cattle and pigs are also produced to a lesser extent.

More recently, there has been a migration of population from the Perth metropolitan area of people seeking an alternative semi-rural lifestyle. This trend is likely to become more pronounced, particularly with the availability of the Avonlink commuter rail service from Northam, via Toodyay, to Perth. This trend is enhanced by the growing ageing population seeking a lifestyle destination for retirement and the increased ability that is now available for people to work remotely from their workplace either on a part-time or full-time basis. Settlement trends are further emphasised by the booming mining industry in Western Australia and the increasing numbers of fly in fly out workers looking for an alternative lifestyle as their home base and as a safe, community orientated place for their families.

1.2 Planning Context

This Planning Strategy has regard to the following state and regional planning framework (see Figure 3 - Regional Settlement Pattern).

1.2.1 State Planning Strategy The State Planning Strategy (1996) provides a framework to accommodate the population and economic growth projected for Western Australia. This framework seeks to address community needs and aspirations, public infrastructure provision, wealth creation and the protection and improvement of the environment.

The State Planning Strategy indicates that the Avon Arc Region will experience considerable growth over the period to 2029. The Wheatbelt Region, the hinterland to Toodyay, will be characterised by a range of expanded towns, linked by improved transport and commuter links to Perth. A range of consolidated service centres is expected to grow throughout the Region. The Wheatbelt is seen as becoming an area of innovation in agriculture, environmental management and the development of downstream processing for agricultural and mining products. The Region is also seen as developing improved inter-regional, intra-regional and interstate transport linkages for both road and rail. According to the State Planning Strategy there is clearly a need for the Shire of Toodyay to provide opportunities for alternative rural pursuits and rural lifestyle accommodation that caters to forecast development and growth pressures. This identified need is to be reflected in the Shire’s Local Planning Strategy.



1.2.2 Avon Arc Sub-Regional Strategy The Avon Arc Sub-Regional Strategy (2001) provides a regional framework for long term development and land use within the western portion of the Wheatbelt Region to accommodate future growth pressures, particularly those emanating from the Perth Metropolitan Region.

The Avon Arc Sub-Regional Strategy predicts considerable growth for the sub-region, projecting an annual population growth rate for Toodyay of approximately 4%, though this is based on the 1996 census data. The Avon Arc Strategy nominates Toodyay as a District Service Centre, along with the Chittering New Town and York. Northam is the nominated Regional Service Centre, catering for the Avon Arc sub-region.

This Local Planning Strategy has regard to the following key recommendations of the Avon Arc Sub-Regional Strategy:

• Population growth to be directed towards existing urban settlements, including

Toodyay; • Rural residential and rural smallholding developments to be accommodated in areas

that do not compromise the expansion of existing urban settlements, however close enough to benefit from the accessibility of services, facilities and infrastructure;

• A ring road to be developed that connects a range of expanded rural towns, including Toodyay, by an improved transport network with commuter links to Perth;

• Provision of a range of housing and innovation in settlement design which complement the landscape and environment and accommodate different lifestyle choices;

• Recognition that agriculture and agricultural related activities are the predominant use throughout the Avon Arc and ensure that incompatible uses do not place unnecessary restrictions on these economic activities;

• Ensure that the ecological integrity, biodiversity and productivity of the environment are maintained or enhanced for the benefit of present and future populations; and

• Ensure subdivision and development has regard to the Landscape Priority Areas identified by the Sub-Regional Strategy with the view to minimising visual impacts on high quality landscape areas.

1.2.3 State Policy Framework State Planning Policy No 2.5 – Agriculture and Rural Land Use Planning The Western Australian Planning Commission's State Planning Policy No 2.5 – Agricultural and Rural Land Use Planning (previously No 11) and Development Control Policy 3.4 – Subdivision of Rural Land (DC 3.4) guide rural planning in Western Australia. This Local Planning Strategy has regard to both of these Policies.

The Western Australian Planning Commission’s State Planning Policy No 2.5 provides guidelines for the preparation of local planning strategies, local planning scheme provisions and local planning policies to control planning and development in rural areas. The objectives of this Policy No 2.5 relevant to the Local Planning Strategy include:

• To minimise ad-hoc fragmentation of rural land; • To plan and provide for rural settlements where they can benefit from existing

services and infrastructure and support existing communities; • To minimise the potential for conflict with agricultural land uses by sensitively locating

new rural settlements in areas less likely to create conflict; • To carefully manage natural resources by ensuring subdivision and development

responds to local site conditions.


The provisions contained within the Western Australian Planning Commission’s Policy DC 3.4 seek to guide the subdivision of rural land and satisfy the key objectives of the Commission’s State Planning Policy No 2.5. It provides for a general presumption against the subdivision of rural land unless it is specifically provided for in a local planning scheme or an endorsed local planning strategy.

State Planning Policy No 2 – Environmental and Natural Resources Policy

This policy sets out the principles and considerations that will be applied by the Shire of Toodyay to integrate environment and natural resource management within broader land use planning and decision making, to protect, conserve and enhance the Shire’s natural environment, and promote and assist in the sustainable use and management of the Shire’s natural resources. State Planning Policy No 2.9 – Water Resource Policy This policy sets out the principles and considerations that will be applied by the Shire of Toodyay to protect, conserve and enhance water resources within the Shire that are identified as having significant economic, social, cultural and/or environmental values, to assist in ensuring the availability of suitable water resources to maintain essential requirements for human and all other biological life with attention to maintaining or improving the quality and quantity of water resources and to promote and assist in the management and sustainable use of water resources.

1.2.4 Western Australian State Sustainability Strategy In September 2003, the Government of Western Australia released Hope for the future: The Western Australian State Sustainability Strategy. Many aspects of this document are considered in the Local Planning Strategy with the view to achieving sustainable outcomes in the growth and development of the Toodyay townsite and the Shire as a whole. In particular, the objectives of the State Sustainability Strategy considered in the Local Planning Strategy include: • Guard against declining regional centre trends through revitalising and strengthening

existing settlements and making more sustainable use of existing infrastructure and services;

• Cater for expected urban growth in a manner that maintains the landscape and built character of the Toodyay townsite, while creating a sustainable balance of employment, transport, housing choice and supporting community and commercial services;

• Ensuring existing agricultural pursuits support rural communities whilst providing for diversification of agricultural enterprises;

• Enable transport systems to meet the need of the regional community, in particular with regard to agricultural product freight movements;

• Encourage the protection of natural resources, waterways, catchments and bush land areas;

• Ensure that future growth and expansion supports the built heritage and special qualities of place that are valued by the Toodyay community; and

• Promote cultural, heritage and nature based tourism within the Shire to reinforce a sense of place and to cater for national and international niche markets.

The Local Planning Strategy considers the above objectives and provides for the sustainable growth of the Shire of Toodyay. It is likely that this approach will flow through into future studies that may arise from the Local Planning Strategy. This may include a residential or townsite expansion strategy, a tourism strategy, a recreation strategy,


guidelines for the future development of an industrial estate, guidelines for diversification in agricultural areas etc. As a precursor to any future studies and to ensure that the Local Planning Strategy is applied in a sustainable manner, a study has been commissioned to review expected population growth and to consider the implications of this growth, with the view to providing a plan for addressing identified gaps in infrastructure and services provision. The sustainability objectives and the outcomes of the Sustainable Growth Study may also form the basis of an assessment tool for future large scale subdivision. The Shire of Toodyay currently has a number of existing subdivisions that, in hindsight, may not have been developed in the best interests of the Toodyay townsite or had sufficient regard to the future maintenance of infrastructure and resources. The Shire will develop an assessment tool to ensure that all future subdivisions are sustainable and have regard to the wider interests of the community. The Smart Growth Assessment Tool, prepared by the City of Wanneroo, may be used as an example and may be modified to suit the individual needs of the Shire of Toodyay. 1.2.5 Local Planning Council’s planning is administered under Town Planning Scheme No 1 and 3. Council is currently reviewing both documents to consolidate them into one Scheme – Local Planning Scheme No 4. Town Planning Scheme No. 1

Planning of the Shire was formalised in 1983 with the gazettal of Town Planning Scheme No 1. This Scheme divides the Shire into 15 zones, seven of which relate to rural land and eight to urban areas. The objectives of these zones are identified as follows:

ZONE OBJECTIVE

Rural 1 - Town Environs Provide a suitable setting for the town of Toodyay and accommodate urban oriented activities as may be desirable and necessary.

Rural 2 - Landscape Interest Ensure continuation of the land's agricultural base and landscape value, whilst recognising some further development for intensive agricultural uses and closer settlement may be appropriately located to respond to metropolitan growth pressures.

Rural 3 - Landscape Protection

Protect the environment of this important valley area by limiting the amount and types of activity permitted and by retaining where possible, present rural uses.

Rural 4 - General Farming To preserve and retain the existing agricultural and landscape character.

Rural 5 - Resource Conservation

Ensure land management and development supports this zone’s status as a major scenic and recreation resource.

Rural 6 - General Farming To support the continuation of the zone’s existing agricultural economy and land management practices.

Rural 7 - Group Farming Facilitate opportunities for rural living without compromising the agricultural and environmental status of the land and its rural landscape values.


ZONE OBJECTIVE

Urban 1 - Central Business Area

To accommodate the principal commercial and social activity centre for the district, and retain Toodyay's historical visual character and streetscape.

Urban 2 - Living Area To accommodate residential and institutional uses as the predominant use, while permitting limited commercial development.

Urban 3 - Living Area To retain the basic residential character and preserve existing historic buildings and landscape.

Urban 4 - Living Area To support continuation of this area's residential character.

Urban 5 - Living Area To ensure that the zone develops in a manner that provides an optimum living environment and has regard to landscape character.

Urban 6 - Future Development To accommodate future urban growth in a manner that maximises residential amenity and environmental quality.

Urban 7 - Special Residential To accommodate within the Toodyay townsite a range of residential lot sizes appropriate to the landscape of the area.

Urban 8 – Industry To provide for industrial uses appropriate to the district and compatible with adequate protection of the landscape and the environment generally.

The proposed Local Planning Scheme No 4 seeks to simplify Town Planning Scheme No 1 by reducing the number of zones. Local Planning Scheme No 4 also differs from Scheme No 1 by imposing greater emphasis on the protection of existing significant agricultural land from the encroachment of incompatible uses, including rural lifestyle developments. The new Scheme No 4 seeks to achieve this by facilitating the consolidation of rural lifestyle development close to the Toodyay townsite where development can benefit from access to town services and amenities without intruding into commercial agricultural areas or urban growth areas. As with Scheme No 1, the new Local Planning Scheme No 4 places a strong emphasis on the protection of significant landscape qualities of the Shire.

Town Planning Scheme No 3

Town Planning Scheme No 3 replaced Town Planning Scheme No 2 in February 1993. The Town Planning Scheme No 2 was gazetted in 1977 to respond to the growing pressures for small rural lot development. Town Planning Scheme No 3 also sought to respond to these pressures by:

• Controlling subdivision and development of land for rural smallholdings; • Identifying land suitable for special rural subdivision; and • Preserving valuable farming land and areas of landscape significance.

The Town Planning Scheme No 3 identifies seven policy areas within the Shire that are suitable for Special Rural development (See Figure 2). These areas have all been partially or completely subdivided for Rural Residential (previously known as Special Rural) development and are delineated as 'Rural Residential' areas on the Local Planning Strategy map.

1.2.6 Toodyay Townsite Development Strategy The Shire prepared the Toodyay Townsite Urban Development Strategy in response to growing demand for residential (including aged persons) and industrial development, and to accommodate future recreation and community uses, including a motel/convention centre,


an equestrian centre and an activity centre. The Strategy examined demographic trends, existing land uses and environmental characteristics within and around the Toodyay townsite, and identified the planning implications of townsite expansion. The Toodyay Townsite Urban Development Strategy recognised that it would be advantageous for the townsite development to be consolidated around the present town centre core and other community uses.

This Local Planning Strategy recognises the need to plan for a change in the town’s character from a small rural settlement to a significant District Service Centre and destination for outward metropolitan growth. To achieve this, the Local Planning Strategy aims to achieve the following: • To establish a strong town focus; • To consolidate town development in areas accessible to the town centre; • To provide for the expansion of the town centre to meet increased demands for

services and facilities, while consolidating development around public transport; • To ensure sufficient land availability to accommodate anticipated growth, including

future demand for a range of residential lifestyle options and for associated community facilities;

• To ensure protection of the environs of the Avon River through adequate reserves and/or management agreements with landholders; and

• To prevent visual intrusion of development onto the landscape setting of the town by restricting urban uses to the lower hill slopes.

1.2.7 Regional Natural Resource Management Strategies The Shire of Toodyay spans two Natural Resource Management Regions, the Swan and Avon Regions. Each of these regions have developed accredited NRM Regional Strategies and Investment Plans through the regional catchment councils. These strategies include: • Avon Natural Resource Management Strategy (2005) • Swan Region Strategy for Natural Resource Management (2004) The strategies and investment plans are accredited for Commonwealth and State funding under the National Action Plan for Salinity and Water Quality and the continuation of the Natural Heritage Trust. NRM issues identified by the regional strategies that have relevance to land use planning include exposure of acid sulphate soils, protection of biodiversity, erosion and sedimentation, vegetation clearing and its effect on environmental values and hydrology, contaminated sites, habitat destruction and fragmentation, eutrophication and other pollution of surface and groundwater, groundwater allocation and protection of groundwater quality, protection of wetlands, modification of waterways, floodplain management, air quality, and greenhouse gas emissions.

1.3 Approach to the Local Planning Strategy

1.3.1 Requirements for a Local Planning Strategy The Local Planning Strategy has been prepared to support the Local Planning Scheme No 4 and is essential under the requirements of the Town Planning Regulations 1967.

The Local Planning Strategy document should be read in conjunction with the Local Planning Strategy Maps and the Local Planning Scheme No 4 1.3.2 Planning Period The Local Planning Strategy provides a vision for the Shire for the next ten to fifteen years. Establishing a development framework beyond 15 years is problematic and is likely to


result in pressures for premature development. This would only exacerbate problems currently being experienced in the Shire, including: • Developments with high rates of absentee landowners; • High turnover of properties; and • Uncoordinated and premature Rural Residential (previously known as Special Rural)

and Residential subdivision lacking services and resulting in significant costs to the wider community.

Notwithstanding, the Strategy does recognise the need to have a long term vision in order to consolidate development around the townsite without limiting or placing restrictions on the future growth of the town. This vision may also provide a basis for the planning of other state government initiatives, including the proposed Toodyay Bypass and the provision of essential infrastructure that may extend beyond the lifetime of this Strategy. In particular, the upgrading of power networks and reticulated sewer and water services are considered crucial to the future expansion and consolidation of the Toodyay townsite and its surrounds. 1.3.3 Council’s Strategic Aims Vision Statement “By the year 2014 Council aims to achieve a rural lifestyle in a heritage and natural environment which is easily accessible to the metropolitan area.”

Mission of the Council We will achieve this vision by:

• Being accessible • Having a good customer focus • Improving our communication with the community • Meeting the challenge of high population growth • Creating policies to provide a framework for sound decisions.

1.3.4 Strategic Directions The Shire of Toodyay is emerging as part of the extended northeast corridor of an expanding Perth metropolitan region. The Shire contains one main urban centre and seven precincts set aside for Rural Residential (previously known as Special Rural) living. Some of these precincts are remote from Toodyay, particularly Julimar and Morangup which are respectively to the west and southwest of the townsite. These developments offer little reinforcement to the townsite’s role as the primary service centre for the Shire. In addition, maintaining the infrastructure and roads in these areas, in view of their remoteness and density of development, is proving to be challenging for the Shire.

The Strategy recognises that additional land will be required to accommodate projected population growth and development pressures. A primary focus of the Strategy is to manage these growth pressures and to delineate rural land suitable for closer subdivision and development. In identifying these areas, reference was made to the land capability assessment for the Shire that was undertaken in preparation for Town Planning Scheme No 3.

It is important that land identified for closer subdivision to accommodate future growth is developed in a manner that:

• Is commensurate with the availability or provision of infrastructure, ensuring that there

is adequate services for new development; • Minimises disruption to existing agricultural pursuits and prime agricultural land

through encroachment of rural smallholding development and incompatible land uses;


• Reinforces and promotes Toodyay as a district centre and as the primary centre for future urban growth and service provision;

• Recognises and protects significant heritage, landscape and environmental values; • Provides for a range of housing choices; • Encourages creative planning and design responses to local site features, landscape,

character and identity; and • Ensures that development occurs in a manner which is sustainable for the Shire of

Toodyay to manage and maintain.

An assessment tool for future subdivision and development proposals may assist with achieving these objectives. Similar to the Smart Growth Assessment Tool prepared by the City of Wanneroo, the Shire needs to create a basis for ensuring that proposals meet the Council’s objectives for rural and urban land and that future development occurs in a sustainable manner. The development of this tool is a priority upon the gazettal of the draft Local Planning Scheme No 4. The Local Planning Strategy provides the rationale for the provisions contained within the Local Planning Scheme No 4. These provisions, including the nine land use zones, will facilitate implementation of the relevant recommendations of the Strategy.

The Local Planning Strategy also takes into account the regional framework established by the Avon Arc Sub-Regional Strategy and responds appropriately to the Western Australian Planning Commission's State Planning Policy No 2.5 (previously No 11) and Policy DC 3.4.


2.0 PLANNING ISSUES

2.1 Development and Land Use Pressures

The Shire of Toodyay is experiencing growth and development pressures associated with expansion of the Perth metropolitan region and the increasing proportion of the metropolitan population seeking to share the lifestyle experience of the Shire, either on a full-time or part-time basis. The Shire is well placed to accommodate Perth’s burgeoning retirement population and to attract telecommuters. The combination of the Avonlink rail service and advanced telecommunications provides opportunities for people to choose where they live based on lifestyle choices, rather than needing to locate close to their workplace. In addition, the changing nature of work means that there are more part time and “semi retired” people looking for alternative living environments outside of the metropolitan area.

Diversification and intensification of the agricultural industry have also resulted in pressures for the Shire. Horticulture, for instance, is slowly being forced out of the Perth metropolitan region into neighbouring Shires such as Toodyay. Diversification and intensification of traditional agricultural industries introduces greater potential for land use conflicts, increases demand on environmental resources and can detract from the traditional rural character of the Shire. However, diversification of traditional agricultural land uses may be appropriate in some of the less arable areas of the Shire. The Shire of Toodyay has a variety of land form characteristics, some of which may not be appropriate for broad acre farming. The Strategy, and accompanying Local Planning Scheme No 4, attempts to encourage alternative or diversified land uses in areas less suitable for agricultural uses. This may include rural pursuits, supporting rural industries, tourism ventures and cottage industries, as appropriate.

Tourism and related activities has significant potential to expand within the Shire of Toodyay. Tourism currently contributes only a small share to the local economy, however attractions associated with the historic Avon Valley are expected to draw increasing numbers in the years to come. The Avon Valley and particularly the Shire of Toodyay is supporting a growing number of businesses similar to those that act as major drawcards to the southern areas of the State, including wineries, farm stays, lifestyle retreats, bed and breakfasts, etc. These developments provide an indication of the potential of the Shire of Toodyay to attract tourism and related commercial ventures. The Local Planning Strategy aims to promote and encourage tourist ventures such that Toodyay may share in the State’s tourism industry. The proposed agricultural land and rural smallholding areas depicted within the Local Planning Strategy provide for tourism opportunities that take advantage of the lifestyle and landscape values of the Shire. It is essential that future development within the Shire does not detract from the dramatic landscape, heritage values and ‘country lifestyle’ that make this area attractive to visitors. Finally, Toodyay is one of a series of centres linked by the Avon Arc Ring Road concept to the Kwinana industrial estate and to the industrial area planned for the Shire of Gingin to the north. Improved linkages to these industrial centres could be expected to result in further population growth and possibly ancillary industrial/commercial development in the Toodyay Shire.

2.2 Population Growth

Between 1991 and 2001, the Shire’s population increased by an average of 3.8% per annum. The population within the townsite also grew steadily, from 557 persons in 1986 (constituting 30% of the Shire population) to 1,565 persons in 2001, which is 40% of the


Shire’s total population (ABS Census, 2001). Over the same period, the Rural Residential population increased from 22% to 42% of the Shire's total population (see Table 1). Based on a maximum 3% growth rate and with 40% of the total population being situated within the townsite, the Toodyay town will need to be able to provide for 3,000 persons by 2021. Table 1: Population Distribution in the Shire of Toodyay

YEAR SHIRE OF TOODYAY

TOODYAY TOWNSITE

RURAL-RESIDENTIAL

RURAL

1971 1,300 581 n/a 719 1976 1,220 550 <-----------------670----------------> 1981 1,450 560 <-----------------890----------------> 1986 1,831 557 (30%) 400 (22%) 874 (48%) 1991 2,556 969 (38%) 884 (34%) 703 (28%) 1996 3,214 1,300 (40%) 1,349 (42%) 565 (18%) 2001 3,750 1,565 (40%) 1,795 (48%) 550 (12%) 2006 4,758* 1,903 (40%) 2,329 (51%) 525 (9%) 2011 5,788* 2,257 (39%) 3,030 (55%) 500 (6%)

* 4% annual growth rate Note: 1) 1971 census figures have been adjusted to exclude the Bindoon Army Base

2) Distribution of population 2001 to 2011 based upon holding town population constant at 39 - 40% and extrapolating past trends for rural-residential development

The above population data is based on information collected as part of the development of the Avon Arc Sub-Regional Strategy (1996 census) and considers the 2001 census. As such, this data is at least four years old. In addition, the population to 2021 must be projected to ensure that the Local Planning Strategy adequately caters for future growth over its 15 year lifespan. The Western Australian Planning Commission’s document WA Tomorrow (November 2005) projects that the Shire of Toodyay will have a population of 6,200 by the year 2021. The Country Land Development Program is also an initiative of the Commission. The WA Tomorrow document appears to use an annual growth rate of less than 3%, yet the Country Land Development Program quotes an annual growth rate for the Shire of Toodyay of 5.29%. The Country Land Development Program provides a projected population of 5,678 in 2008, though does not provide figures beyond this time frame. The historic data obtained from the Australian Bureau of Statistics indicate that the Shire has not experienced a growth rate of greater than 3.5 – 3.8% per annum. While the Country Land Development Program may over-estimate the Shire’s expected growth rate, the WA Tomorrow study is considered to provide a conservative view of population growth in the Shire of Toodyay. A comparison of population projections is provided in Table 2.


Table 2: Population Projections for Shire of Toodyay

Source 2001* 2006 2011 2016 2021 WA Tomorrow

(November 2005) 4,102 4,300 5,000 5,600 6,200

Shire calculations – 2.5% growth rate

4,102 4,640 5,250 5,940 6,720

Shire calculations – 3% growth rate

4,102 4,760 5,510 6,390 7,410

Shire calculations – 4% growth rate

4,102 4,990 6,070 7,340 8,990

Projections based on ABS population figures for 1993 - 2001

4,102 4,900 5,700 6,500 7,300

* 2001 Figures are based on Census Data and are the most accurate source of actual population at that time

The Shire of Toodyay recognises that the most realistic and sustainable population growth rate for the Shire will be a maximum of 3% per annum and the Local Planning Strategy plans for this growth accordingly, providing sufficient land to accommodate 7,410 persons by 2021. The Shire processes between 50 and 100 building licence applications each year for new dwellings, meaning that vacant land is progressively being taken up within the Shire of Toodyay. It is understood that power consumption in the area has been steadily increasing and an 18% rise in consumption was noted over the 2003/04 financial year. Local Real Estate Agents in the area have noted that the sale of new lots has been uncommon over recent years and the majority of business results from the sale and transfer of existing properties. All of these factors support a realistic growth rate of 3 % per annum.

2.2.1 Implications of Population Growth Based on a maximum population of 7,410 persons by 2021, the Local Planning Strategy will need to provide 3,000 dwelling units. This is based on an occupancy rate of 2.5 persons per dwelling. The occupancy rate for the State of Western Australia was 2.55 persons per dwelling in 2001. The occupancy rate in Western Australia has been steadily declining from 3.68 persons per dwelling in 1971 to 2.55 in 2001. It has been projected that this rate will likely drop to 2.27 persons per dwelling by 2031. Based on the Shire’s own statistics, it had an occupancy rate of approximately 2.9 in 2001. It is likely that this rate has dropped further over the last five years. As such, the occupancy rate of 2.5 has been used as an average for the Shire of Toodyay at present. This is considered appropriate as the Shire has an aging population, which supports a lower occupancy rate.

The Shire currently has 2,855 rateable properties. While there are 2,855 rateable properties, approximately 1050 of these are owned by persons not permanently residing in Toodyay. As such, it can not be assumed that these properties add to the current population figures, though they could in the future.

If there are ultimately 3,000 dwelling units required and there are 1,805 existing dwellings, this means that 1,200 new properties must be created to cater for the projected population in 2021.


Table 3: Current & Future Dwelling Units Relative to Population Rates

Number of dwelling units

Approximate number of persons

Population on existing rateable properties owned by permanent residents in the Shire of Toodyay

1,805 4,500

Population to be accommodated on newly created properties 1,200 3,000

TOTAL 3,000 7,500 2.3 Settlement Patterns

2.3.1 Settlement Hierarchy A sustainable settlement pattern needs to be established for the Shire to accommodate projected population growth. An agreed settlement pattern and hierarchy would enable the Shire to identify areas suitable for urban expansion and further rural lifestyle developments. This settlement pattern would aim to facilitate development that responds to the natural environment, fosters efficient service provision, promotes social capital and preserves the lifestyle qualities valued by the Toodyay community.

The Avon Arc Sub-Regional Strategy suggests that population growth within the Avon Arc study area be absorbed by existing settlements. The Local Planning Strategy supports this concept, focusing on the Toodyay townsite as the key service centre within the Shire, allowing urban expansion of the town and consolidating development around the town between the existing rural smallholding settlements.

Toodyay is proposed to continue as the primary urban settlement within the Shire, providing servicing infrastructure, commercial and community facilities, employment opportunities and various district level services.

The proximity of Toodyay to Northam and the Perth metropolitan region has resulted in the functions and services available within Toodyay being limited to lower order goods and services. People generally travel to Northam or Perth (particularly Midland) to purchase higher order goods and services.

Residents of the Rural Residential (previously known as Special Rural) subdivision at Morangup, located near the southern Shire boundary adjoining the Shire of Mundaring and City of Swan, do not have a strong association with Toodyay and therefore generally travel to Gidgegannup and Midland for services.

Julimar and the old townsite of Bejoording are dormitory settlements, much like Morangup, as they do not offer any services for local residents. However, compared with Morangup, these settlements are more dependent on Toodyay as it is the closest service centre. To promote the Toodyay townsite as a District Service Centre and consolidating its role within the Shire as the primary basis for future settlement and growth, the Local Planning Strategy proposes: • Clear delineation of the town centre as the core area for service provision, focusing

on the existing commercial activities of Stirling Terrace and providing for expansion surrounding the rail line and Charcoal Lane;


• The expansion of the town centre to include areas south of the rail line, recognising the significant opportunities for consolidated development capitalising on public transport routes and the existing civic functions of the area;

• Providing opportunities to accommodate future urban growth, both within existing residential areas adequately serviced by sewer and water and in greenfield sites immediately surrounding the town;

• Use of a Mixed Business area to assist with the transition of the general industrial uses at the town entry to create a commercial and service industry area more appropriate to its location near residential uses;

• Provision for industrial expansion in a new area north east of the townsite, creating an opportunity for sustainable and well designed industrial development; and

• Consolidation of the Shire’s core recreational activities in one central location.

2.3.2 Rural-Residential & Rural Lifestyle Settlement There are currently approximately 1230 Rural Residential (previously known as Special Rural) lots within the seven policy areas, of which approximately 680 have been developed and approximately 480 are permanently occupied. Based on the population projections for the Shire, it is anticipated that the remaining 550 lots will be taken up by 2021.

Morangup and Bejoording (21 km to the north of the Toodyay townsite) are the most remote existing Rural Residential (previously known as Special Rural) communities in the Shire. The other Rural Residential (previously known as Special Rural) areas are within 15 km of Toodyay and therefore have better access to basic facilities and support services.

Morangup, located approximately 26 km to the south of the Toodyay townsite near the boundary shared with the City of Swan and Shire of Mundaring, has 364 lots. This area is the largest Special Rural development in the Shire and is the only Rural Residential (previously known as Special Rural) area with a Community Hall. In the future, it is expected there will be a continued high level of demand for Rural Residential (previously known as Special Rural) and rural lifestyle lots. The majority of the Shire’s Rural Residential (previously known as Special Rural) lots are between 2 ha and 5 ha, however there are a small proportion of lots comprising areas of less than 2 ha. Since 1994, the trend has been towards larger lots ranging between 5 ha and 25 ha in size.

It is expected the trend for rural lifestyle lots will continue and there will be demand for a further supply of lots between 15 and 40 ha to accommodate rural smallholdings or alternative farming uses within the Shire. There is also likely to be continued demand for smaller lots between 2 and 5 ha for Rural Residential (previously known as Special Rural) developments. It is noted that the size of the lots created will be influenced by the Western Australian Planning Commission’s State Planning Policy 2.5 which requires a minimum lot size of 4 ha for properties not able to be connected to reticulated water services.

2.4 Protection of Agricultural Land

High quality, productive agricultural land is a limited resource within the Shire. The landholdings to the east of the Toodyay townsite are part of the traditional broad acre farming area of Western Australia.

The farming industry in Toodyay relies largely on grazing and cropping, with some hay production. Fluctuations in economic returns from wheat and wool are encouraging farmers to diversify land uses into other activities, including cattle, pigs, tourism (e.g. farm stays and B&Bs), horticulture and absentee farming (farmers receiving a wage from off farm work). Agricultural industries have expressed concern that agricultural land is being adversely impacted or replaced by Rural Residential (previously known as Special Rural) and other less compatible rural land uses.


The issues associated with incompatibilities between adjoining land uses remain. Buffers between uses, awareness campaigns, signage and memorials on titles may ameliorate conflicts, however these are all reactive measures only and do not provide long term solutions.

The Local Planning Strategy recognises the value of the productive agricultural sector and the increasing trend towards diversification. It seeks to protect the larger productive agricultural landholdings and traditional broad acre agricultural activities from incompatible uses and further fragmentation, whilst recognising the need to designate areas where fragmentation of rural land for intensified or non-traditional rural activities would be considered.

2.5 Managing Alternative Rural Land Uses

2.5.1 Intensive Rural Enterprises Over the past decade, many innovative developments have been progressed in the Shire to cater to the growing interest from developers, landowners and prospective purchasers seeking a rural living together with an alternative form of intensive rural and/or conservation component. These uses include viticulture, olive farms, agro forestry, aquaculture, emu and ostrich farms, floriculture, fine wool merino production and alpaca breeding.

The Shire of Toodyay is a desirable location for alternative rural land uses and associated lifestyles and the Strategy needs to designate land that is suitably located to accommodate such projects.

2.5.2 Noxious Agricultural Land Uses Noxious agricultural land uses include activities such as poultry farms and intensive piggeries, which require suitable buffers to protect urban land uses from odour and other adverse impacts. The extent of the buffer area required by a noxious agricultural land use is determined on a site specific basis following modelling and in consultation with Department of Environment and Conservation.

The Shire of Toodyay is conveniently located to accommodate noxious agricultural uses given its proximity to the Perth market, while providing adequate separation from the urban growth pressures associated with the expanding metropolitan region. Rural lifestyle developments and urban land must have regard to existing noxious agricultural land uses and ensure sufficient separation from these uses. Proposals for noxious industries will likewise need to have regard to buffer requirements and potential conflicts with nearby existing (and proposed) sensitive land uses.

2.5.3 Extractive Industries & Minerals It is expected that the extraction of basic raw materials from the Shire will increase, as pressure for the relocation of extractive industries from Perth requires operators to explore new resources.

Planning for the rural areas of the Shire must have regard to the potential for extraction of basic raw materials and accommodate suitable buffer areas between sensitive land uses and extraction sites in accordance with the provision of the WAPC State Planning Policy No 2.4 - Basic Raw Materials. The priority resource and extraction sites identified in State Planning Policy No 2.4 for the Shire of Toodyay are shown on the Local Planning Strategy Map.

Basic Raw Materials (sand, gravel, rock, limestone, shale or clay) extracted for construction purposes on private land are not minerals and are mined under the authority of the Local Government Act 1995 as Extractive Industry Licenses administered by the Shire.


2.5.4 Tourism The town of Toodyay and its rural hinterland have the potential to tap into the tourism market, particularly the intrastate travel and day visit market sourced from the Perth metropolitan area. Key attractions include the Shire’s built heritage, the scenic and recreational attributes of the Avon Valley, rural industries (including the growing farm-stay accommodation market) and national parks.

The tourism potential of the Shire has yet to be fully explored and a tourism strategy for the Shire is needed. The tourism strategy should consider growth opportunities, servicing requirements and how to accommodate tourism in a manner that safeguards the long-term sustainability of the Shire’s many resources.

2.6 Environmental Values

2.6.1 Conservation, Crown and 'System 6' Reserves The Department of Environment and Conservation manages the major conservation reserves within the Shire. A large site, comprising significant remnant vegetation in the north west portion of the Shire, is vested in the Australian Defence Forces for use as a training ground.

There are also a number of Crown reserves that are vested for nature reserves, conservation of fauna and flora, and public uses (e.g. school sites).

Areas within the western portion of the Shire of Toodyay are included within ‘System 6’, and contain ‘A Class’ reserves vested in the Conservation Commission of Western Australia.

Portion of the Avon River and its adjoining areas are reserved, while other areas are in private ownership. Public access to the Avon River is limited by private ownership and the location of the railway reserve. In addition, the Toodyay townsite has turned its back on the river and, with the exception of the constructed recreation reserve at Duidgee Park, public interaction with the river environment is not encouraged. This situation could be improved and requires further consideration. This review would address foreshore management issues while encouraging public interaction with the river environment, promoting tourism opportunities and improving linkages with the town centre.

2.6.2 Protection of the Avon River Degradation of the Avon River has occurred over time, exacerbated by the removal of trees and the alteration of the river bed in an attempt to increase the flow and reduce flooding of neighbouring properties. This has resulted in the silting of former deep pools and the formation of sand banks, which are prone to weed infestation.

The Department of Water oversees the restoration of the river as part of an overall strategy to improve the water quality of the Swan-Avon River system.

Watercourse protection within urban areas is controlled through the requirements of the Western Australian Planning Commission’s Development Control Policy 2.3 which provides for the creation of stream reserves within urban subdivisions.

Rural areas have not been considered by this Policy and therefore the reservation, management and watercourse protection requirements for rural areas are to be considered by the Local Planning Strategy.

The Strategy recommends that watercourses be protected in one of the following ways:


• Ceding of the land under the Planning and Development Act 2005 at the time of subdivision;

• Ceding the property and leasing the land back to the adjacent landowner; • Entering into a management agreement between the land owner and a public

authority; • Provisions of Local Planning Schemes for river protection; and/or • Caveats lodged on land titles.

Foreshore Management Plans

Preparation of a foreshore management plan may be required as a condition of subdivision or development or as part of a rezoning application. Matters to be addressed by a management plan include: • The extent of the area to be conserved; • The mechanism proposed for its protection; • Landscape protection and vegetation conservation measures; • Fire management; • Active weed and feral animal management; • Erosion control (i.e. stock limits, access restrictions, revegetation, fencing); • Public access; • Protection of sites of cultural or historical significance; and • Flood management.

Impact of Rural Residential (previously known as Special Rural) & Rural Living Development

Subdivision (or rezoning) proposals for Rural Residential (previously known as Special Rural) and Rural Living development should be supported by sustainable rural development principles. This may include measures to restrict land use, to revegetate degraded areas, to control the damming of and the artificial retardation of water flow within watercourses and to ensure stormwater quality control.

Rural Residential (previously known as Special Rural) and Rural Living development is not necessarily incompatible with resource management. Well designed, site responsive proposals can actually assist in achieving conservation objectives. Rural Residential (previously known as Special Rural) subdivision can, for example, be designed to accommodate vegetation/fauna corridors, preserve wetlands, minimise visual intrusion and protect steep land from further clearing. Strata schemes can also be used to enable the clustering of residential lots within a defined area and the preservation of land of high conservation significance, with low building capacity on common property.

2.6.3 Landscape Protection The landscape qualities of the Toodyay Shire contribute greatly to its sense of place and distinct local identity. The differences in topography, landform and vegetation across the Shire are marked and contribute to a diverse landscape. The western portion of the Shire comprises the eastern slopes of the Darling Range and the eastern portion features the zone of rejuvenated drainage. The Avon Valley forms a central corridor through the Shire. In addition to these natural features, agricultural activities and other forms of human activity contribute to the interest of the landscape, emphasising natural topographical features and introducing new textures and contrasting colour.

Road and rail reserves function as a network of vegetation corridors through the Shire, which not only provide a visual foreground to the landscape as seen from a vehicle or train, but also provide a wildlife corridor network, linking reserved land and providing habitat for flora and fauna. These reserves also provide the vantage from which vistas are commonly


observed and therefore it is important that proposals affecting land visible from these corridors have strong regard to visual impact.

The Avon Arc Sub–Regional Strategy includes the following recommendation for landscape protection within the Shire:

“To maintain the open character of the rural landscape within the Avon Arc and conserve and enhance land with special conservation or landscape value”.

The Local Planning Strategy recognises the relevance of the Avon Arc Sub-Regional Strategy, especially in the context of protecting the important landscape features of the Avon River Valley. Proposals for rezoning, subdivision or development affecting land within these areas will only be considered favourably where the proposal would not result in a negative visual impact and would have a positive overall impact for the observer.

2.7 Heritage

2.7.1 Heritage Areas Local Planning Scheme No 4 includes provisions that enable Council to identify places and precincts of heritage significance on a Heritage List and to promote the conservation of these places. The Heritage List is to be reviewed on a regular basis to enable additional sites of significance to be added when identified.

The Shire of Toodyay’s Municipal Inventory (August 1998) will form the basis of the Heritage List to be included in the proposed Local Planning Scheme No 4. The main groupings of heritage places are Newcastle (Toodyay Townsite), North Newcastle (Toodyay Townsite), Toodyay (West Toodyay Townsite) and Rural. There are 147 sites identified as having historical or architectural significance within the Shire. Seven of these sites are also included on the State Register of Heritage Places maintained by the Heritage Council of Western Australia. The State Register comprises sites deemed to be of heritage significance at a state level and affords these sites with a higher level of protection under the Heritage of Western Australia Act 1990. Upon gazettal of the new Local Planning Scheme No 4, the Council will determine which of the 147 sites will be included on the Heritage List. In addition, the Shire has adopted the Toodyay Heritage Area, which covers a significant proportion of the Toodyay townsite. Council’s intent is that places and features of heritage value will be protected while ensuring that future development (expansion and infill) complements these values. Guidelines have been prepared for the Toodyay Heritage Area and it is likely that, upon gazettal of the Scheme, this will be adopted as a heritage precinct. Applications to develop, subdivide or change the use of places included on the Heritage List or located within a Heritage Precinct will be required to demonstrate sensitivity to ensure that the conservation values attributed to a place of heritage significance are not compromised by the proposal.

2.7.2 Aboriginal Heritage The Aboriginal Heritage Act 1972 provides for the identification, registration and protection of Aboriginal sites throughout Western Australia. There are 22 registered Aboriginal sites within the Shire of Toodyay. However it is important to note that there may be other sites in the Shire capable of registration under the Act that


may not have formal registration. Regardless of their status in terms of registration, all Aboriginal sites have the same level of protection under the Act. Sometimes Aboriginal sites are also popular recreation and tourism sites. For example, rivers and other waterholes may contain cultural material or burial sites. This may lead to site damage by traffic and pedestrian impact, loss of vegetation, pollution, graffiti or litter. In such cases, management may be required. The involvement of Aboriginal people in the management of their heritage is very important. There is a need for sensitivity in the treatment of cultural material, which often can be ensured only by the involvement of a heritage consultant. The Act requires that development, management or research of Aboriginal sites be subject to permission under section 18 of the Act from the Aboriginal Cultural Materials Committee, an advisory body to the Minister for Indigenous Affairs. Permission usually is conditional on the approval and involvement of the Aboriginal custodians of the site and on the input of a professional heritage conservator. Development of vacant land may require section 18 clearance under the Act, as it is an offensive under the Act to excavate, destroy, damage, conceal or in any way alter any Aboriginal site. It should be noted that the zoning or allocation of land for a particular use does not indicate heritage clearance, and it is the responsibility of developers to obtain necessary clearances for development. 2.7.3 Natural Heritage Landscapes and natural settings such as waterways, forests, escarpments and valleys and the wildlife they support are part of the region’s heritage. Although most of the natural features of the region are not listed for heritage value, they are an important component of the Avon Arc and it is imperative that these places be protected and preserved for the future. (Avon Arc Sub-Regional Strategy, 2000)

2.8 Managing the Urban Rural Fringe

To ensure that the town of Toodyay remains attractive to residents and visitors, the urban rural fringe needs to be carefully planned.

The urban rural fringe is defined as the belt around an urban area where urban and rural land uses mix. It is where land uses change and incompatible land uses are likely to occur. For instance, activities such as poultry farms and intensive piggeries are often forced to relocate as urban development expands.

Urban development on the fringe tends to be uneven and may ‘leapfrog’ the frontal development area into rural land, which tends to have a lower land value. The ‘leapfrog’ effect and higher economic returns achieved for urban development creates pressure for neighbouring rural land to be developed for urban uses.

Rural Residential (previously known as Special Rural) development on the urban rural fringe should be discouraged. Whilst there may be short-term advantages in terms of reduced servicing costs, Rural Residential (previously known as Special Rural) development is extremely difficult to redevelop and restructure when the land is eventually required for urban use. Therefore, Rural Residential (previously known as Special Rural) development should ideally be located a sufficient distance from the urban front to accommodate long term urban expansion, but close enough to benefit from town services and facilities. Special Residential lots are smaller than Rural Residential (previously known as Special Rural) lots (in the Shire of Toodyay ranging from 1000m2 to 4000 m2) and are generally located on the periphery of urban centres.


In order to ensure that greenfield residential areas are developed appropriately, the Local Planning Scheme No 4 also proposes the use of a ‘Residential Development’ zone. The ‘Residential Development’ zone will require the preparation of a Development Plan such that Council may ensure that these residential areas are planned in an orderly manner and that the necessary physical and community infrastructure is provided. All created lots less than 4 ha must be connected to reticulated water services and, as such, this is an essential requirement in Special Residential development. In addition, the Shire may also seek the extension of reticulated sewer services for special residential and residential developments. Not all land within the Shire of Toodyay is suitable for on site effluent disposal and every opportunity should be taken to extend sewerage services where possible. The (draft) Government Country Sewer Policy states that larger lots of 2000m2 or greater may be exempted from connection to reticulated sewer services. Lots less than 2000m2 that can not be connected to reticulated sewer will not be permitted within the Toodyay townsite. In terms of future Special Residential or Rural Residential (previously known as Special Rural) developments, the servicing of the land shall be determined on a case by case basis, dependent on the location of existing (and future planned) services, land capability and environmental conditions (i.e. soil types).


3.0 LOCAL PLANNING STRATEGY

This section of the document outlines the core objectives and guidelines of the Local Planning Strategy, providing the basis for future land use and a context for the land zoning contained in Local Planning Scheme No 4. As this is the first Local Planning Strategy prepared for the Shire of Toodyay, it is unlikely to be a complete and definitive document. Rather, the Local Planning Strategy aims to be a living document that sets out the future works that will be required to ensure that the planning of Toodyay occurs in an orderly and proper manner and that the Council’s aims and objectives are achieved. Such actions, as detailed throughout the proceeding sections and summarised in Appendix 1, may result in the amendment of the Local Planning Strategy or the Local Planning Scheme No 4. Such changes will occur in accordance with the requirements of the Planning and Development Act 2005 and the Town Planning Regulations 1967.

3.1 Strategic Objectives

The Local Planning Strategy adopts the following strategic objectives:

Townsite and Urban Areas

• To reinforce Toodyay as the district centre and focus for the Shire; • To provide for the expansion of the Townsite in a manner that is convenient and

accessible for users, whilst maintaining the heritage values, character and amenity of the town;

• To intensify land uses and development in the vicinity of the railway station to encourage increased patronage of services and recognising links with the Town Centre south of the rail line;

• To ensure land availability for a range of residential lifestyles and associated community facilities;

• To consolidate urban development in areas close and readily accessible to the Toodyay town centre;

• To protect the Avon River and its environs; • To minimise the visual impact of development on the landscape setting of Toodyay by

restricting development to the lower foothills; • To improve traffic management on Stirling Terrace; • To ensure the future growth and development of the Toodyay townsite has regard to

the planned Bypass; • To provide for the transition of the industrial uses at the town entry whilst ensuring

compatibility with nearby residential uses; • To cater for industrial expansion in a sustainable and well designed manner; and • To consolidate and improve recreational facilities.

Rural Surrounds

• To protect quality agricultural land for sustainable production; • To conserve significant natural and cultural resources; • To encourage economic growth in the rural areas; • To ensure land use is managed in accordance with sustainable rural development

principles; • To provide for a range of rural lifestyle opportunities located to reinforce the town of

Toodyay as the district centre; • To ensure rural subdivision and development:

– Is managed to minimise impacts on rural land uses;


– Protects and enhances the rural landscape and environmental values; – Recognises the potential for environmental repair, enhancement and

management; and – Is staged commensurate with infrastructure provision.

3.2 Town Centre and Supporting Services

3.2.1 Town Centre The Local Planning Strategy maintains and promotes the Toodyay townsite as the District Service Centre of the Shire. In this regard, the Town Centre will be developed as the principal centre for retail and commercial development, whilst maintaining a residential population in a variety of housing types to encourage activity and vibrancy within the town. The Town Centre must provide for the commercial, shopping, health, civic, community and entertainment needs of the Shire’s community, now and in the future. Its important role as a central meeting place and as a tourist destination must also been maintained. The Toodyay Town Centre is currently focused on Stirling Terrace, with scattered facilities and services surrounding this core area. The Local Planning Strategy shows an expansion of the Town Centre to include Charcoal Lane through to the rail line, consolidating the existing townsite. The Town Centre extends south of the rail line to include the land surrounding the train station and the Shire’s Administration Centre and eastwards to Herbert Street. The land further east of Herbert Street has been zoned for residential land uses in the Shire’s previous Town Planning Scheme No 1 and is similarly zoned in the Shire of Toodyay Local Planning Scheme No 4. The Local Planning Strategy reflects this zoning and the current use of the land. The Local Planning Strategy and Local Planning Scheme No 4 encourage a mix of land uses within the Town Centre and residential development may occur in line with the R10/50 density coding. The higher R50 Code may only be used where a property is connected to reticulated water and sewer services. The land designated for Town Centre purposes in part reflects current land use within the townsite. While the majority of business fronts Stirling Terrace, in recent years development has commenced on land fronting the surrounding streets, including Charcoal Lane, Piesse Street and Duke Street. As the Shire’s population grows, it is envisaged that existing commercial enterprises will want to expand and new business may locate to the town in order to cater for the needs of a larger and more varied community. To this effect, the Local Planning Strategy identifies land to accommodate the future expansion of the Toodyay townsite. The Local Planning Strategy recognises that the Town Centre is constrained by the Avon River to the north and the natural extension of the business areas will occur southwards towards and across the rail line. While the river acts as a constraint to townsite expansion, it also provides an opportunity to promote interaction with an attractive natural environment in close proximity to the Town Centre. Toodyay’s main street has turned its back on the river and while there are two recreation areas in town that front the river, it is difficult to access throughout the remainder of the townsite. A series of walking paths along the Avon River are proposed to improve access to this natural feature, however further work on how this can be achieved is necessary. Such actions would consider the appropriateness of land tenure, the environmental considerations, engineering and design features to provide year round access, interpretation and artistic features to promote the walk as an attraction and the financial means for achieving this endeavour. The Toodyay townsite has a high level of heritage significance and its heritage values are an essential component to the amenity of the streetscape, the town’s character and the tourism industry. The heritage significance of Stirling Terrace makes it a distinctive main street which has few peers in regional WA. It is critical that the aesthetics and amenity of


any future development maintains these heritage values and complements the character of Toodyay. In this regard, guidelines and design criteria for development within and surrounding the Toodyay townsite are being developed and implemented as a priority. Expansion and redevelopment within the existing Town Centre area is likely to be hindered by efforts to protect the town’s heritage. The many heritage buildings within the Town Centre, some of which are listed on the State Register of Heritage Places, may prevent or restrict the conversion of existing buildings to accommodate commercial development. This is particularly important when considering compliance with the Building Code of Australia relevant to disabled access, energy efficiency, fire ratings etc. The expanded Town Centre will provide for the construction of purpose built structures to meet the commercial needs of the Shire. The proposed Town Centre, as depicted in the Local Planning Strategy, encompasses the land south of the rail line. At present, the rail line provides a physical barrier to the Town Centre and a psychological barrier for the Toodyay community. The Shire’s key civic functions occur south of the rail line, remote from the existing Town Centre. In addition, the residential land south of the rail line is currently underutilised, some of the housing stock is in poor condition and land use is not supportive of the Town Centre or existing public transportation services. The existing residential development in this area is not reflective of State Government policies to encourage higher density development near key transport nodes, in this case, the Toodyay Rail Station. As Toodyay now has a regular commuter train service and in view of the redevelopment works occurring in Midland, it is essential that the continued and improved use of this service is encouraged. The planned upgrading of this station represents a significant capital investment that has the potential to aid the growth of the town and increase its attractiveness for new residents, including those that commute to Perth for employment. It is likely that a mix of land uses, inventive design, an improved pedestrian environment and rail crossing features could be used to ensure a safe and attractive passage over the rail line and encourage the merging of the existing town centre with the civic functions and opportunities for higher density residential development south of the rail line. While it is intended that the area south of the rail line will accommodate some commercial uses, certain constraints may be imposed to ensure that this area does not detract from the central business area. The Local Planning Scheme No 4 does not zone the land south of the rail line as Town Centre and a scheme amendment will be required in order to facilitate its redevelopment. The scheme amendment for this land will include preferred land use, structure planning and possibly design guidelines to ensure that the future use, streetscape design and appearance of buildings reflects the Shire’s aims for the area. The scheme amendment will also consider the appropriateness of the Town Centre’s residential density of R10/R50 south of the rail line. It may be possible that a density of R30 is more appropriate to the land south of the rail line, though this is dependent upon current land tenure, lot layout and lot size. The residential density should be high enough to encourage redevelopment and provide for medium density housing close to the train station, though not so high as to facilitate residential development that may be out of keeping with the village atmosphere of Toodyay. As a backdrop to all actions within the Town Centre, further investigation of the current forms of land tenure and lot sizes will be necessary. These investigations will identify potential concerns with the redevelopment of adjoining land and may lead to structure planning exercises to coordinate future development. The next level of planning for the Toodyay Town Centre will also consider policies and guidelines for facilitating and managing the mix of land uses proposed to be accommodated in the Town Centre.


The Strategy does not envisage the need for a second centre outside Toodyay/West Toodyay over the 15 year planning period but rather proposes maximum utilisation of existing services within the town, including the train station. In the longer term, the Council must consider if the current area of land designated for Town Centre is sufficient to meet the long term demand for additional facilities and services. It is considered that the land identified within the Strategy will be sufficient to meet the Shire’s needs until 2021, though a long term vision should also be considered. Much of the Toodyay townsite is ripe for redevelopment and any works in the next fifteen years should not be at the detriment of any future expansion of the Town Centre beyond the time frame of the Local Planning Strategy. 3.2.2 Mixed Business Area The Toodyay townsite currently has a number of businesses at its southern entry that are industrial in nature. As the town develops, this area could potentially create a problem for the nearby residential uses, particularly the residential area south of Toodyay Road. The Local Planning Strategy and Local Planning Scheme No 4 propose a Mixed Business zone to instigate the transition of this area, such that the land uses are more compatible with nearby residential dwellings while providing for future commercial development. It is preferred that the businesses of an industrial nature currently within this area be relocated to an appropriately zoned location i.e. the new Industrial Area at the corner of the Toodyay Bypass and the Goomalling Toodyay Road. This would be a significant undertaking and may be an initiative that will surpass the life time of this Local Planning Strategy. It would be dependent upon the future zoning of the new Industrial Area (refer to Section 3.3.3), will involve a detailed assessment of current land uses and would necessitate discussions with current landowners on the best means to achieve the relocation of their businesses. It may be necessary to offer incentives for operators to relocate these industries, which may have financial implications for the Council. In the interim, it is essential that any development in the Mixed Business zone be supportive of the long term goal for this land. This may necessitate a policy position or new Scheme provisions to support Council’s directions for the land and provide guidelines for development in the Mixed Business zone. Pending the completion of further investigations and the best means for achieving the goals for the Mixed Business zone, the following criteria for subdivision and development will apply: a) While Local Planning Scheme No 4 allows Council to exercise its discretionary

powers to approve residential dwellings, no residential land uses will be permitted within the zone until such time as the Council considers that the adjoining and nearby land uses will not cause a conflict and be detrimental to residential amenity or the continuation of commercial operations;

b) Development that would continue the industrial nature of existing land uses should not be supported in the Mixed Business zone;

c) All new development, including the redevelopment of existing operations, shall respect its location at the entry of the Toodyay townsite;

d) All subdivision and development shall consider the proximity of the Avon River and the heritage buildings located within the zone; and

e) All subdivision and development in the Mixed Business zone shall have regard to any policies or guidelines developed by the Shire of Toodyay.

3.2.3 Industrial Areas Toodyay’s industrial needs are currently serviced at the Extracts Industrial Area on the Toodyay-Northam Road. While this area is located a sufficient distance from the townsite, it is situated on the banks of the Avon River and has little capacity for expansion. It is bound to the west by a new residential development, the Glencoe Estate, and to the east


by farming land. The land to the east is also constrained by the narrowing of the land between the Avon River and the Northam Toodyay Road. The Extracts Industrial Area was originally developed in 1997-1998, allowing the creation of twenty two (22) lots. Between 1998 and 2005, only eleven of these lots had been sold, though this may have been partly attributed to the marketing of the land. In 2005, the Shire appointed an independent agent to handle the sale of the land and the remaining eleven (11) lots were sold within three months. An increasing number of planning applications and queries regarding future development have been forthcoming and based on recent trends, it is expected that all of the land within this estate will be developed to its maximum capacity by 2010. Given the proximity of the Extracts Industrial Area to residential land, some concerns are raised about the long term future of land use in this industrial estate. While there is a narrow vegetation buffer between the Glencoe Estate and Extracts, it may not be sufficient to alleviate concerns about the type and nature of land use in the industrial area. This area was originally designated as a Light Industrial area, though some of the land uses are more general industrial in nature. It is unlikely that this estate would be able to cater for industries that may be considered to negatively impact on adjoining areas. However, there is no other location within the Shire that would provide for industrial development at a suitable distance from residential land. The Local Planning Strategy designates a future industrial area, east of the proposed Bypass. This area will have the capacity to accommodate the future long term industrial needs of the Shire. The site is currently used for farming purposes, is completely cleared and has little remnant vegetation. It is bound by the proposed Toodyay Bypass to the west, the Goomalling Toodyay Road to the south and by the Boyagerring Brook on its northern and western boundaries. While a detailed site capability assessment has not been undertaken, it is considered that the proposed industrial area’s location adjacent to major transport routes will be advantageous both in terms of access and to act as a buffer to surrounding land uses. It is noted that direct vehicle access onto the Toodyay Bypass will not be encouraged, though easy access is available from the Goomalling Toodyay Road. The future design of the intersection of the Toodyay Bypass and the Goomalling Toodyay Road would consider heavy vehicles regardless of the industrial estate as it will be a major transport route for agricultural haulage. The proposed industrial area has not been zoned appropriately under the Local Planning Scheme No 4 and will require a scheme amendment. Prior to initiating this amendment, a number of actions must be undertaken in order to demonstrate that the site is appropriate for the development of an industrial estate. Such actions would include: a) Investigate the site capability of the land to determine if it is appropriate for an

industrial estate; b) Determine current and future demands for industrial land to ensure that the land

would be released when it is economically viable to do so and that it will be taken up within a reasonable time frame;

c) If there is no major impediment to the development of this land for industrial purposes, consider matters regarding the desired future land use, lot layout and design controls, etc. In particular, protection mechanisms for the Boyagerring Brook will be required;

d) Prepare design guidelines and structure plans to accompany any future scheme amendment to ensure that the industrial estate is sustainable and aesthetically pleasing and that suitable buffers are in place to protect the future industrial uses located within the estate.

Ultimately, the primary triggers for the rezoning, release and development of this land will be based upon the timing of the development of the Extracts Industrial Estate. Once the


existing industrial area is developed to its maximum capacity, it will be incumbent upon the Shire to ensure that land is made available to cater for future industrial needs. 3.2.4 Recreational Facilities Toodyay’s recreational facilities are currently scattered throughout the townsite, with major activities accommodated at the Toodyay Showgrounds. This site has the capacity to be consolidated and expanded to provide a greater role in the provision of recreational facilities within the Shire. The Shire has a number of public open space parcels serving a range of purposes, though many remain as undeveloped land. The Shire’s public open space requires assessment to determine the role of the land (active recreation, passive recreation or conservation) and its future use and development for the greatest benefit of the community. Considering the expected growth of Toodyay, an assessment of the Shire’s public open space and recreational facilities is required to determine whether it is meeting current needs and is sufficient to cater for the growing population.

3.3 Urban Development Strategy

The townsite population has grown steadily from 557 persons in 1986 (or 30% of Shire population) to 1565 persons in 2001 (or 40% of the Shire population). Based on a projected population of 7,410 persons by 2021 and assuming no change to the percentage of persons living in town, the Toodyay townsite would need to be able to accommodate a population of 3,000 by 2021. This equates to approximately 1,200 dwelling units. As there are currently 700 dwelling units within Toodyay, the Local Planning Strategy needs to provide at least 500 additional dwelling units within the Toodyay townsite. The Local Planning Strategy must also consider the increasing trend for people locating within or close to the townsite. The Local Planning Strategy designates urban land to accommodate town growth over the next 15 years. The areas designated for residential purposes are then translated into three ‘Residential’ zones under the Local Planning Scheme No 4, though it is noted that not all residential land shown under the Strategy is zoned appropriately under the gazetted Local Planning Scheme No 4. There are two large scale residential subdivisions proposed north and south of the Goomalling Toodyay Road, east of the existing townsite, which will likely result in 650-700 lots. These areas were zoned for residential purposes under the previous Shire of Toodyay Town Planning Scheme No 1 and have been similarly zoned under Local Planning Scheme No 4. This land is capable of being provided with reticulated sewer and water services and as such, higher densities are possible within these residential estates. These areas are zoned as Residential Development under Local Planning Scheme No 4, which will necessitate the preparation of a Development Plan and may then lead to a scheme amendment to reflect zoning and densities. There are two smaller residential areas proposed at the intersection of the Northam Toodyay Road, west of the Extracts Industrial Area and the Glencoe Estate. Given the constraints of these sites, including the rail line, the Northam Toodyay Road and the Avon River, they are unlikely to result in a substantial number of residential lots. The remainder of urban land will be provided via infill development on land that has been zoned for residential use for a number of years. While there is not currently a high demand for infill development within the townsite, this is likely to increase as the town develops. In the future, the Shire may need to consider preparing a Residential or Housing Strategy to address the following:


a) The basis for infill development; b) The preferred nature and form of development; c) Structure planning to ensure good planning over areas with multiple land ownership;

and d) The means for achieving infrastructure provision in areas with multiple land

ownership. The Local Planning Strategy has a number of General Agricultural areas between the designated residential land and the development front of the Rural Residential (previously known as Special Rural) areas. These areas are not required for development within the Strategy’s 15 year time frame, however it is not appropriate to zone this land for rural smallholding development as it is considered crucial to the future management of the urban rural fringe. In the long term, these areas may be used for urban development, so as to consolidate growth between the townsite and the existing Rural Residential (previously known as Special Rural) areas. The Local Rural Strategy (August 1998) indicated that, although these areas are capable of supporting pasture and cropping, it may be difficult to sustain agricultural uses in the long term given its suitability for accommodating the future growth of the Toodyay townsite. However, based on growth projections, it may be some years before this land will be needed for urban subdivision and development. The long term vision for the Toodyay townsite must be addressed as part of any future Residential or Housing Strategy. This Strategy will consider future growth requirements in view of the protection of landscape values, servicing requirements, vehicle links, the pedestrian environment, public open space provision, etc.

A number of urban expansion and infill initiatives are reflected in the Local Planning Strategy and Local Planning Scheme No 4 to accommodate future growth. The Local Planning Scheme No 4 includes three Residential zones and these will be discussed in detail below. 3.3.1 Residential The existing residential areas zoned within Town Planning Scheme No 1 have been zoned as Residential or Town Centre within Local Planning Scheme No 4. While a majority of the residential land has an R10 density code (average lot size of 1000m2), the Town Centre and some residential areas surrounding the centre have a split density code of R10/R50, providing for development to the R50 density where reticulated water and sewer are available. 3.3.2 Residential Development The Local Planning Scheme No 4 includes a ‘Residential Development’ zone, which provides for future urban development of larger areas of land in an orderly manner through the preparation of a Development Plan. The Development Plan process will be used to ensure that future subdivisions for residential purposes consider multiple adjoining owners and make adequate provision for physical and community infrastructure. The aim is to create residential areas of a high standard that will complement the character of the Toodyay townsite and maintain the landscape features of the town surrounds. The Residential Development zone under Local Planning Scheme No 4 consists of land adjoining the rail line and Julimar Road in the Toodyay and West Toodyay townsites and land between the Avon River and the proposed Toodyay Bypass. The Toodyay Bypass will be used to define the eastern extent of residential expansion so as to ensure the townsite community is not severed by this major transport route, thus promoting social cohesiveness and maintaining convenient pedestrian, cyclist and vehicular access to townsite facilities and services for all residents.


3.3.3 Special Residential The Special Residential zone within Local Planning Scheme No 4 aims to protect the character of the Avon River environs by maintaining larger lot sizes adjacent to the river. In addition, the Special Residential zone has been applied to land on the outskirts of the Toodyay townsite to provide for a range of housing choice options. The Special Residential zone will facilitate townsite expansion in areas that may be constrained by servicing requirements, in that the majority of land zoned for Special Residential purposes can not be provided reticulated sewerage services. This is not to imply that connection to reticulated sewerage services will not be required where a proposed subdivision is in close proximity to existing or proposed services. Special Residential development within and surrounding the townsite provides an opportunity to provide lifestyle options for a growing population while maximising the use of the existing community services and facilities in Toodyay. This is considered a preferential option than providing for subdivision in outlying areas that may discourage the use of existing townsite services. The Scheme provides for Special Residential development, expanding the Toodyay townsite to the south east, along the Northam-Toodyay Road and linking the existing Extracts Industrial Area and newly developed Glencoe Estate. The Special Residential areas will likely consist of lots between 2000m2 and 4000m2. Many of the Special Residential zones contained within Local Planning Scheme No 4 have an R2.5 density code, which requires a minimum lot size of 4000m2. Other Special Residential areas within the Scheme do not currently have an assigned density code, though a maximum residential density of R5 (minimum lot size of 2000m2) is considered appropriate given the lack of reticulated sewerage services. Approved Structure Plans and assessment of servicing requirements will be necessary prior to subdivision for Special Residential purposes.

Notwithstanding this emphasis on townsite growth, the Strategy also accommodates alternative Rural Residential (previously known as Special Rural) lifestyle options to accommodate demand. Discussion of these options follows.

3.4 Rural Development Strategy

The Strategy identifies areas suitable for the Rural Residential (previously known as Special Rural) and Rural Living development. The Rural Residential (previously known as Special Rural) zone is characterised by lot sizes of between 2 ha and 5 ha, while the Rural Living zone will accommodate lots between 5 ha and 40 ha, with an average lot size of 15-20 ha.

These designations will cater for a range of rural lifestyles by providing a variety of lot sizes and permitted land uses. Rural lifestyle or hobby farm lots are very popular with the weekender or “tree change” market, though this results in a high level of absentee landownership. The amount of land identified for rural smallholding development is expected to provide 230 additional Rural Residential (previously known as Special Rural) lots and approximately 200 Rural Living lots. This land will be able to accommodate 1,000 new persons within the Shire. The Strategy aims to take a realistic approach to rural smallholding development by allocating land based on estimates of demand, not on the speculative development of land or on individual desires to retain rights for subdivision. A discussion of the objectives and strategies applicable to each of these rural designations follows.


3.4.1 Rural Residential (previously known as Special Rural) (2 - 5ha): The Rural Residential (previously known as Special Rural) designations shown within the Local Planning Strategy are consistent with the Policy Areas subject of the previous Shire of Toodyay Town Planning Scheme No 3. Much of this land has been subdivided and lot sizes range between 2 ha and 5 ha, though some larger land holdings have been created to reflect the topography of the area or its situation near major transport routes. The Rural Residential (previously known as Special Rural) designation has also been applied to some land areas that were not part of Town Planning Scheme No 3 to reflect the existing land use patterns. There are a number of properties within and surrounding the West Toodyay townsite that are consistent with the lot sizes and land use of the Rural Residential (previously known as Special Rural) zone. These land areas have been designated under the Local Planning Strategy as Rural Residential (previously known as Special Rural) to reflect this existing land use. There is also an area of land south of the Toodyay townsite on Salt Valley Road that is shown as Rural Residential (previously known as Special Rural). The subdivision of this area occurred while it was zoned under Town Planning Scheme No 1 and it was not rezoned for Special Rural purposes under Town Planning Scheme No 3. The Local Planning Strategy and Local Planning Scheme No 4 rectifies this situation to reflect the current use of the land. The Strategy does not envisage the need for significant expansion outside the previous policy areas, as there are a number of undeveloped lots and land with potential for further subdivision remaining. While a majority of the land designated for Rural Residential (previously known as Special Rural) purposes in the Local Planning Strategy is similarly zoned in Local Planning Scheme No 4, some areas will require a scheme amendment. Any scheme amendment to create Rural Residential (previously known as Special Rural) areas or the subdivision of land zoned Rural Residential under Local Planning Scheme No 4 will only be considered where compliance with the following criteria can be achieved:

• The preparation of a Development Plan which considers:

- Land capability with demonstrated fair to high capability of sustaining the proposed development and use;

- Impact on scenic landscape, conservation and heritage attributes; - Risk of land and water degradation, with regard to flooding, soil erosion, salinity,

landslip or any other form of environment; - The proposed lot layout and road configuration, having regard to the

topography, vegetation and land form of the area; - The Development Plan is to consider the future subdivision of adjoining land

areas and the Council may require that the Development Plan be expanded to consider adjoining properties that may not be subject of a subdivision or rezoning proposal;

- Important natural resources and areas of environmental sensitivity; - Fire risk assessment and management; - Building envelopes; - Provision of infrastructure; and - An impact assessment to consider possible conflicts between existing and

future possible land uses. • The land will not restrict or compromise future urban expansion, considering areas

suitable for urban development in terms of their characteristics and proximity to urban services;

• The land can be appropriately serviced and will support the role of the Toodyay townsite as the District Service Centre;


• The future development of Rural Residential (previously known as Special Rural) land will not have a negative impact on surrounding or nearby productive rural uses;

• All created lots will be able to support development that does not conflict with the objectives of the Toodyay Townsite Landscape Protection Area and the Road Landscape Protection Buffers or result in development situated on critical skylines. This may include the use of building envelopes and may influence setback requirements and resultant lot sizes; and

• The proposal must address the requirements contained in Part 4 of the Local Planning Strategy.

The Council may resolve not to initiate a scheme amendment or may recommend refusal of a subdivision application to the Western Australian Planning Commission if it considers that the above requirements have not been addressed or if the release of the land is not appropriate at that time. While the Local Planning Strategy and Local Planning Scheme No 4 indicate a lot size of between 2 ha and 5 ha within the Rural Residential (previously known as Special Rural) zone, this will only apply to new development. These lot sizes will not apply to the re-subdivision of land previously created under either Town Planning Scheme No 1 or Town Planning Scheme No 3. Council will not support the further subdivision of Rural Residential (previously known as Special Rural) lots that were existing at the time of gazetting Local Planning Scheme No 4. 3.4.2 Rural Living (5 ha – 40 ha lot size range / 15 ha – 20 ha lot size average): Rural Living areas are identified immediately east and south of the townsite. A small area west of town and north of Julimar Road is also designated for Rural Living purposes, reflecting the existing Timberden Estate. Overall, there are currently 90 landholdings that have been zoned Rural Living under Local Planning Scheme No 4. Based on the average lot size of 15 ha to 20 ha, the future subdivision of Rural Living land will result in a total of 290 lots, being approximately 200 new lots. The areas east and south of the Toodyay townsite areas have convenient access to Toodyay facilities and services, including existing servicing infrastructure. It is envisaged that the land designated for Rural Living purposes will accommodate a range of lifestyle opportunities and small scale rural pursuits, including hobby farms, tourist ventures and intensive agriculture. Lot sizes will range between 5 ha and 40 ha, with an average lot size between 15 ha and 20 ha, depending on land capability.

It is Council's objective to support progressive subdivision of land for Rural Living purposes that is located close to the townsite, along major transport routes and nearby areas already developed for Rural Living or Rural Residential (previously known as Special Rural) purposes. The majority of the land designated for Rural Living purposes is similarly zoned under Local Planning Scheme No 4. Any required scheme amendment or future subdivision application would only be supported on the basis that the following criteria can be achieved:

• Lot sizes must range between 5 ha and 40 ha, with an average lot size of 15 ha – 20

ha being achieved; • A Development Plan is to be prepared which considers:

- Land capability with demonstrated fair to high capability of sustaining the proposed development and use;

- Impact on scenic landscape, conservation and heritage attributes;


- Risk of land and water degradation, with regard to flooding, soil erosion, salinity, landslip or any other form of environment;

- The proposed lot layout and road configuration, having regard to the topography, vegetation and land form of the area;

- The Development Plan is to consider the future subdivision of adjoining land areas and the Council may require that the Development Plan be expanded to consider adjoining properties that may not be subject of a subdivision or rezoning proposal;

- Important natural resources and areas of environmental sensitivity; - Fire risk assessment and management; - Building envelopes; - Provision of infrastructure; and - An impact assessment to consider possible conflicts between existing and

future possible land uses. • The Rural Living development will not restrict or compromise future urban expansion,

considering areas suitable for urban development in terms of their characteristics and proximity to urban services;

• The land can be appropriately serviced and will support the role of the Toodyay townsite as the District Service Centre;

• The future development of Rural Living land will not have a negative impact on surrounding or nearby productive rural uses;

• All created lots will be able to support development that does not conflict with the objectives of the Toodyay Townsite Landscape Protection Area and the Road Landscape Protection Buffers or result in development situated on critical skylines. This may include the use of building envelopes and may influence setback requirements and resultant lot sizes;

• The proposal incorporates the protection and management of remnant vegetation and natural or landscape features;

• The proposal must be able to achieve compliance with the Western Australian Planning Commission’s Policy DC 3.7 - Fire Planning; and

• The proposal complies with the requirements of Part 4 of this Local Planning Strategy.

The Council may resolve not to initiate a scheme amendment or may recommend refusal of a subdivision application to the Western Australian Planning Commission if it considers that the above requirements have not been addressed or if the release of the land is not appropriate at that time.

3.5 Protection of Broad Acre Agricultural Land

A primary objective of the Strategy is to protect valuable agricultural land. The larger landholdings in the outlying areas surrounding the townsite are part of the traditional broad acre farming areas of Western Australia. The Strategy recommends that the land designated for General Agricultural purposes be retained in their present cadastral configuration, unless subdivision and/or amalgamation proposals are for legitimate farming proposals such as the rationalization of lot boundaries to assist or improve an existing agricultural enterprise or to provide public road access to landlocked lots. Subdivision proposals will be assessed against the Western Australia Planning Commission's State Planning Policy 2.5 - Agricultural and Rural Land Use Planning and Policy No. DC 3.4 - Subdivision of Rural Land. The further subdivision of land (i.e. the creation of new land titles), unless for a legitimate purpose permitted by State Planning Policy 2.5 and/or Development Control Policy 3.4, will not be supported and land uses incompatible with agricultural pursuits will not be permitted in the areas designated General Agriculture under the Local Planning Strategy.


3.6 Intensive Agriculture

The Strategy encourages the diversification and intensification of agricultural uses. A proponent seeking subdivision of rural land to facilitate intensive agriculture will be required to amend Local Planning Scheme No 4 to rezone the land for this purpose. The amendment should be accompanied by information on land capability, feasibility of the proposed use, servicing requirements including water supply, potential land use conflicts, compatibility with the settlement strategy for the locality, landscape protection, and conservation and management of natural resources. Proposals that could generate land use conflicts will need to ensure the primacy of legitimate rural uses (broad acre) by providing adequate buffers. These provisions do not preclude a proposed intensified agricultural use occurring on existing Rural zoned properties without further subdivision. Council may also support such proposals in Rural Living areas, subject to the implementation of appropriate management measures, a minimum lot size of 20 ha being achieved and Council being satisfied that there are no environmental concerns that would prevent the intensive agricultural development.

3.7 Landscape Protection

The Strategy recognises the scenic qualities of the Shire and the potential of these resources in terms of attracting residents and visitors to the Shire, particularly given its proximity to the Perth metropolitan region. The Avon Arc Sub-Regional Strategy assesses land within the Avon Arc as either having high, moderate or low landscape values. It is acknowledged that this assessment was undertaken at a broad scale and some adjustment to the boundary of the 'Highest Priority' areas may be warranted following site specific assessment. A significant proportion of the Shire of Toodyay is situated within the Highest Priority area and the Avon Arc document recommends that: “Development or changes of land use should be designed to have no negative visual impact and a positive overall impact as far as practical to an observer. This is not to say that changes cannot occur, but rather the development or change in land use should be similar in form, scale and structure to the existing landscape.” The Avon Arc Sub-Regional Strategy endeavours to maintain the open character of the rural landscape and conserve and enhance land with special conservation or landscape values. It notes the potential for the landscape to be destroyed by poorly sited and designed developments. The Local Planning Strategy supports the assessment of all proposals against the recommendations of the Avon Arc Sub-Regional Strategy, providing a statutory basis for the implementation of this document. The Strategy provides objectives for the protection of scenic landscape values and the retention of prominent visual features. An amendment to Local Planning Scheme No 4 is proposed to afford a statutory basis for supporting these objectives. 3.7.1 Town Hills The hills surrounding the Toodyay townsite provide a prominent visual backdrop to the town. The townsite is situated in the valley of the Avon River and the landform rises considerably from the valley floor, providing a dramatic landscape viewed from many areas within the townsite. The majority of these surrounding hills have not been developed and make a significant contribution to the ‘rural village’ character of Toodyay. It is this character that acts as a drawcard for new settlement and a growing tourist market.


The Toodyay Townsite Landscape Protection Area is depicted on the Local Planning Strategy maps. It is proposed to include this Landscape Protection Area as a Special Control Area under Local Planning Scheme No 4 and a scheme amendment will be initiated to apply this requirement. While further consideration of the scheme provisions to be imposed will be undertaken as part of the amendment process, it is likely that the Scheme will require that all subdivision or development proposals within the defined Landscape Protection Area will consider the following: 1. Council will not support any scheme amendment, subdivision or development unless

it is satisfied that the landscape value of the area will be retained and protected;

2. Landscape values will be assessed based on the impact upon the surrounding environment and the impact on views available from the townsite to the subject land;

3. Council may refuse the rezoning or subdivision of land within the Toodyay Townsite Landscape Protection Area if it is likely that it will result in an undesirable density of development visible from the townsite and surrounding areas;

4. Council reserves the right to preclude any area of land from a proposed scheme amendment or subdivision if it is considered that the development of this land will have a detrimental impact on landscape values and the character of the Landscape Protection Zone;

5. Generally, the subdivision or development of land higher than 250AHD will not be supported under any circumstances. The subdivision or development of land between 150AHD and 250AHD will only be supported where the Council considers that landscape values can be maintained, the proposal will have a minimal impact on views from the townsite and there is sufficient area for buildings and works to be located below the critical skyline, in the lower or unseen portions of a lot;

6. In addition to the height and skyline of the land, the Council will also consider the slope of the site. Generally, the development of land with steeply sloping landforms should be avoided and, as such, all subdivisions shall ensure that an appropriate building envelope exists. Subdivisions shall be designed such that lots are not wholly contained along ridgelines or within prominent landscape features;

7. The Council may require building envelopes to be designated as part of the subdivision process, to ensure that future development is adequately situated and/or screened;

8. All buildings or works are to be carefully designed and sited so as to blend with the landscape. Every effort should be made to retain existing vegetation and appropriately locate buildings and works to make the best use of remnant vegetation for screening; and

9. In order to protect the scenic qualities within the Toodyay Townsite Landscape Protection Area, the Council may impose conditions on planning approvals relating to design, landscaping, screening, siting and construction of building or works.

In supporting the above requirements, the Council will require that all scheme amendment and subdivision proposals contain appropriate mapping showing the contours of the land relative to the proposal. In the case of large or extensive developments, the Council may require the preparation of a Landscape Management Plan or that visual modelling be undertaken. The Landscape Management Plan will assess the landscape and vegetation features of an area and outline how visual and environmental impacts will be addressed in the proposed development. 3.7.2 Road Vistas While Toodyay is situated relatively close to the Perth Metropolitan area, the drive along the Perth-Toodyay Road gives the visitor the impression of having left the City area and


entering a rural village with abundant bushland. The experience is replicated from other entries into the townsite, particularly from the Bindoon Dewars Pool Road, the Toodyay Bindi Bindi Road and the Goomalling Toodyay Road. The protection and enhancement of the Shire’s character and the vistas from major entries into the Shire is a central component of the Local Planning Strategy. The Scheme aims to minimise visual impacts on all roads within the Shire in order to preserve the bushland and rural character of the area through setback requirements. The Scheme requires a building setback of 30m from roads within Rural Residential (previously known as Special Rural) and Rural Living zones. A 100m setback from major roads and a 50m setback from local roads will be required in Rural areas. The Council may consider the variation of these setback requirements where the topography of the land warrants such a departure and there will be no perceived visual impact on the landscape values of the area. The Strategy provides for the future development of the Shire, including the expansion of the townsite and the consolidation of surrounding rural smallholdings. In an effort to ensure that the rural and bushland setting of the Shire’s major transport routes are maintained, a Road Landscape Protection Buffer along the major entries into the Toodyay townsite is proposed. This buffer extends 300m either side of the road reserves. The following requirements will apply within this buffer: 1. While subdivision may be permitted within this buffer, large lots are to be maintained

along the road frontage. These large lots must achieve a minimum size of 20-25 hectares and must consider the landform and vegetation adjoining the road;

2. Additional entries onto the road subject of the Road Landscape Protection Buffer will be discouraged;

3. A minimum 100m setback from the roads subject of the Road Landscape Protection Buffer will be required, irrespective of the zoning of the land adjoining the road; and

4. The clearing of vegetation within the Road Landscape Protection Buffer will generally not be supported. The Council may approve the clearing of vegetation within the Road Landscape Protection Buffer where the vegetation is not visible from the road way and where the provisions of the Environmental Protection Act 1986 and the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 can be achieved. This general prohibition against the clearing of vegetation in the Road Landscape Protection Buffer shall in no way exempt or supersede the need for landowners to maintain firebreaks in accordance with the Shire of Toodyay Firebreak Order.

The above requirements may form the subject of a future scheme amendment which will insert the Road Landscape Protection Buffers as a Special Control Area. The actual scheme provisions will be further considered as part of the amendment process, though are likely to reflect the above requirements. Guidance from the Western Australian Planning Commission will be sought as part of the amendment process to determine the best means for applying the Road Landscape Protection Buffer as a scheme requirement. Further guidance may also be provided by the Visual Landscape Planning in Western Australia – a manual for evaluation assessment, siting and design (WAPC 2007).

3.7.3 Other Shire Landscape Features In addition to the significant landscape immediately surrounding the Toodyay townsite, there are areas of high scenic and landscape value throughout the Shire. The previous Town Planning Scheme No 3 contained site requirements to protect prominent ridgelines and horizons. These provisions required that subdivisions over ridgelines must be designed such that buildings can be excluded from areas within a vertical distance of 20 metres from the ridgeline. This critical skyline provision has not been carried into Local


Planning Scheme No 4, however it remains an important consideration in future development or subdivision within the Shire. It is possible that, upon gazettal of the Scheme, a scheme amendment will be initiated to reinstate this requirement into the new Local Planning Scheme No 4. While the details of the scheme amendment will be subject of further study and investigation, it is likely the scheme provisions will require that all rezoning, subdivision and development proposals outside of the Toodyay Townsite Landscape Protection Zone consider the following criteria: 1. The Council will not support any scheme amendment, subdivision or development

proposal unless it is satisfied that the landscape values of the area can be retained; 2. The Council may require, as part of a scheme amendment or subdivision proposal,

that a Landscape Management Plan be prepared. This plan will assess the landscape features, including existing vegetation, and outline how visual impacts will be addressed in the development;

3. Subdivisions shall be designed such that lots are not wholly contained along ridgelines or within prominent landscape features;

4. Subdivisions shall ensure an adequately situated and/or screened building envelope; 5. Buildings or works should not be situated in visually prominent areas or on steep

slopes; and 6. Every effort should be made to retain existing vegetation and appropriately locate

buildings and works to make the best use of remnant vegetation for screening.

It is noted that all of the landscape protection measures discussed in Section 3.7.1, 3.7.2 and 3.7.3 are not only based on potential visual effects. Subdivision and development on steeply sloping land has the potential to have negative impacts in terms of land degradation, erosion and soil stability. Every effort is to be made to ensure that future development is undertaken in a sensitive and sustainable manner and the Shire will take all necessary actions as part of the rezoning, subdivision and development processes to ensure that this occurs. Guidance from the Western Australian Planning Commission will be sought on the best means for applying landscape and environmental protection measures within the Shire, either via a scheme amendment, through a local planning policy or changes to the Local Planning Strategy. The Scheme also provides a Special Control Area for the Avon River Valley to provide for the protection of this landscape feature and the waterway.

3.8 Resource Protection

This Strategy recognises the need to protect the physical resources of the Toodyay area. These resources include environmental conservation areas (including conservation reserves and System 6 areas), the Avon River and its associated tributaries, productive agricultural land, landscape priority areas, timber, water and mineral/basic raw material resources and recreational, heritage and tourism sites.

The Strategy endorses the use of strata title schemes to achieve landscape and resource protection objectives, and the use of agreements with Council and/or memorials on titles to achieve conservation objectives.

3.9 Transport

3.9.1 Roads A major planning component of the Local Planning Strategy is to focus the further expansion of urban and rural subdivision along the major road transport corridors emanating from Toodyay townsite. The current status of these routes and implications of


the Local Planning Strategy’s recommendations for rural and urban expansion are summarised below.

1 Toodyay Road is the major road transport link between Toodyay and Perth.

Traffic volumes will increase commensurate with increases in population growth and visitation to Toodyay and with the further subdivision and development of Rural Residential (previously known as Special Rural) and rural lifestyle lots surrounding the town.

Toodyay Road is a State Road under the control of Main Roads Western Australia (MRWA). It is gradually being upgraded in accordance with the Roads 2020 Wheatbelt Regional Road Development Strategy. The upgrading work involves the construction of sealed shoulders along certain sections of the road. General opinion is that Toodyay Road should be widened to include sealed shoulders/breakdown lanes all the way between Perth and Toodyay.

2 Goomalling - Toodyay Road, the main road transport link between Toodyay and

Goomalling, is a State Road controlled by MRWA. Urban development is proposed on both sides of this road adjacent to the Avon River, close to town. Future Rural Living development is proposed beyond the urban periphery. These developments will result in increased traffic volumes along this route.

3 Northam - Toodyay Road, the main road transport link between Toodyay and

Northam, is a State Road controlled by MRWA. Some infill development between the Extracts Industrial area and the Toodyay townsite is proposed. Lot sizes are proposed commensurate with its Special Residential zoning given the presence of reticulated water and the area’s proximity to the Avon River and town. Beyond the townsite, Rural Living development is proposed adjacent to this route. Again these developments are expected to result in increased traffic using this road.

4 Toodyay Bindi Bindi Road is a local government controlled road, which provides

the main road transport link between Toodyay and Bolgart in the Shire of Victoria Plains. The main land use along the Bindi-Bindi Road is rural and the road provides access to the Toodyay townsite for two developed Rural Residential (previously known as Special Rural) - one at Coondle, approximately 8km north of the Toodyay townsite, and the other at Bejoording which is approximately 20km north of the Toodyay townsite.

There are no proposals to expand the Rural Residential (previously known as Special Rural) areas along Bindi-Bindi Road; however Rural Living immediately east of the townsite and the possible further urban expansion of the townsite will result in the requirement to upgrade this road in the section immediately north of town.

5 Julimar Road is a local government controlled road, which provides the road link

between Toodyay and the Shire of Chittering. Traffic volumes along Julimar Road are expected to increase commensurate with the growth of the townsite and as the remaining vacant Rural Residential (previously known as Special Rural) lots at West Coondle and Julimar Farms are developed.


Further increases in traffic numbers may also occur as a result of travel to and from the WA Livestock Centre at Muchea.

Council proposes an ongoing road works programme for Julimar Road to improve safety and to accommodate increasing traffic numbers.

6 Bindoon Dewars Pool Road is the main road link between Toodyay and Bindoon

in the Shire of Chittering.

This road has been identified as part of Lime Haul Route 1, which will be a primary route for the transportation of lime sands from Lancelin to the Eastern Wheatbelt Region and will result in a significant increase in traffic on this road. The upgrading of this route is dependent upon funding from the State Government.

7 Bejoording Road is located in the eastern sector of the Shire of Toodyay and

provides a north-south link between the Rural Residential (previously known as Special Rural) area at Bejoording and the townsite of Northam. In view of the rationalisation of the Avon CBH Grain Receival Centres within the District, Bejoording Road is likely to assume a greater role in the road network. This road provides a direct route to the major Receival Centre in Northam.

3.9.2 Heavy Haulage Routes and Toodyay Bypass Although Toodyay presently has no dedicated heavy haulage transport routes, MRWA controlled roads (Toodyay, Goomalling and Northam Roads) permit the passage of heavy vehicles.

The State Government has planned for the construction of a major heavy haulage transport route to bypass the townsite of Toodyay on an alignment located to the east of the town. MRWA has advised that construction of the Bypass is not included in its forward works programme for the next 10 years.

Notwithstanding the uncertainty associated with the timeframe for the Bypass, MRWA has surveyed the route and acquired all of the land necessary for the Bypass.

In the meantime, heavy vehicles continue to use Stirling Terrace - the main street of the Toodyay townsite. Stirling Terrace is an area with significant heritage value and this distinctive main street has few peers in regional WA. The need to preserve the present road width and kerb alignments of Stirling Terrace to ensure heavy vehicles have safe passage along the road is hampering the development of the town centre. For example, plans to landscape Stirling Terrace cannot be implemented until the Bypass is constructed and the parking and landscaping components of developments proposed for properties fronting Stirling Terrace are being considered in light of the continued use of Stirling Terrace by heavy vehicles. Council identifies an urgent need for the construction of the Bypass to remove heavy vehicles from Stirling Terrace and recommends its early construction.

The Local Planning Strategy recommends that a planning policy be formulated by Council for the main street to guide the decision making process until such time as the Bypass has been completed.

3.9.3 Rail Transport The town of Toodyay is serviced with a daily passenger train service and the railway line, which passes through town, is the main line to Kalgoorlie and the eastern states.


The State Government has planned for a ‘fast train’ service linking the central business district of Perth with Toodyay. This will encourage commuter train use for people who live in Toodyay and work in Perth.

The Local Planning Scheme No 4 and Local Planning Strategy recognise the potential for commuter rail travel by encouraging increased residential densities near the train station.


4.0 DEVELOPMENT & LAND USE MANAGEMENT PRACTICES

4.1 Introduction

The Local Planning Strategy recommends that the development standards and land management practices discussed below be applied to all subdivision and development proposals. While these standards will mostly apply to rural lifestyle developments, some aspects may be appropriate in the residential areas and will be applied by the Council as required. These are necessary to ensure that proposals address strategic planning objectives, sustainable rural development principles and encourage innovative designs that respond to the environment and preserve the physical features of the land.

Proponents of development and subdivision applications will need to demonstrate that the proposal addresses necessary development standards and land management practices. This will include compliance with Council's landscape protection and resource protection policies and fire management requirements.

4.2 Land Use

The Strategy supports a pattern of land use that responds to local conditions, assists the rural economy, and reinforces the strength and primacy of the Toodyay townsite. Tourism and recreation related uses would be encouraged where it is demonstrated that landscape and resource protection objectives can be met and that proposals can be adequately serviced.

Intensive agricultural uses, including noxious rural uses, will also be accommodated in appropriate areas. There are no specific zones designated for intensive agricultural uses and therefore, proposals will need to be accompanied by site specific assessments that establish whether land use conflict is an issue and whether compliance with relevant environmental regulation and standards can be achieved. The Toodyay Wastewater Treatment Plant located to the east of the townsite, along Goomalling Toodyay Road, is nearby an existing Rural Residential (previously known as Special Rural) development and future Rural Living development. It is critical that only compatible land uses are established within the odour buffer for the Treatment Plant. Council will not support land uses within the buffer for the Toodyay Wastewater Treatment Plant which are incompatible with odour.

Under Local Planning Scheme No 4, Development Plans may be required to accompany proposals for rural residential, rural living, residential, special residential, residential development, industrial and town centre development. Issues to be addressed by Development Plans may include the following:

• Integration of proposal with surrounding development, land uses and transport links; • Staging and servicing of the project, including details on infrastructure provision; • Fire management strategies; • Potential conflicts with surrounding land uses and buffer/setback requirements; • Environmental considerations including land, water and catchment management; • Land capability assessment; • Clearing requirements and building envelope locations; and/or • Building design guidelines.


4.3 Subdivision

The Strategy promotes a graduated subdivision pattern for Residential, Special Residential, Rural Residential (previously known as Special Rural) and Rural Living areas, with smaller lots closest to the townsite to consolidate the population of Toodyay and then gradually increasing in size further from the town.

In Rural Residential (previously known as Special Rural) areas, where lots comprise uncleared, quality remnant vegetation, a 4ha minimum lot size will be recommended to maximise vegetation retention.

Where lots exist without public road access, Council will not permit any building or structure to be constructed unless legal access to a public road is arranged to Council's satisfaction. All subdivision and development must also consider the Landscape Protection requirements detailed in Section 3.8. All subdivisions shall be designed to maximise sustainable development principles. The layout of a subdivision shall ensure that all lots have the capacity to achieve passive solar design for any future development.

Strata title subdivisions will need to meet the same criteria as conventional subdivisions and will be assessed in the same manner.

4.4 Infrastructure Provision

Proposals for the subdivision of Rural land to Rural Residential (previously known as Special Rural), Rural Living etc, will need to be accompanied by details of how the lots will be serviced.

Subdivision within the townsite will only be supported where reticulated water and sewerage are available.

4.4.1 Water Toodyay endures a water scarcity problem, therefore the ability for rural and rural lifestyle developments to access adequate water supply is a significant consideration for subdivision design and lot size. Before subdivision will be approved, adequacy of water supply must be established and demonstrated.

Continual replenishment of tanks or dams by rainfall cannot be relied on throughout the year, and storage must have sufficient capacity to accommodate the yearly supply within the relatively limited 'wet' period.

Applications relating to rural lifestyle subdivision which rely on dams, must ensure that adequate capacity is provided to accommodate the catchment area, evaporation and adequate water storage, with sufficient margins for seasonal rainfall fluctuations.

Underground water supplies in the Shire are unevenly distributed and therefore cannot be relied upon.

In accordance with WAPC State Planning Policy 2.5 - Agriculture and Rural Land Use Planning, reticulated water will be required to service Rural Residential (previously known as Special Rural) subdivisions. Acceptable supply method alternatives to reticulated water supply for Rural Living and other Rural lots or to supplement reticulated water supplies, are summarised below:


Domestic Supply

a) Roof catchments – adequate roof catchment tanks are mandatory for residential buildings and will depend on the area of covered catchment involved and storage capacity.

b) Bores on individual properties – proof that a bore or potential bore exists on each property and that long term supply of potable water can be easily obtained must be provided.

Second Quality Supply (Non-potable) c) Bores on individual properties – proof that a bore or a potential bore exists on each

property and that long term supply of stock quality, non-potable water can be reasonably obtained must be provided.

d) Storage dams for non-potable water – each property must be of a sufficient size to allow adequate catchment and that a practical dam site exists on each lot.

4.4.2 Effluent Disposal The existing Rural Residential (previously known as Special Rural) developments in the Shire are located on the Yalanbee, Leaver, Kokerby, Pindalup, Steep Rocky Hills and York land units. The Rural Residential (previously known as Special Rural) and Rural Living areas identified on the Local Planning Strategy map are all located on the same land units, therefore it can be expected that the soils will accommodate effluent disposal, either through conventional means or alternative treatment units.

The assessment of soil suitability for on site effluent disposal is based on its ability to absorb effluent and retain both nutrients and microbial pollutants. The risk of water logging or local flooding is a consideration for the efficient use of septic tanks and leach drains.

The Yalanbee unit is permeable and usually acts as an area for groundwater recharge, therefore microbial purification is not considered to be high. This is not a major concern in areas where there is a significant depth to groundwater and adequate separation to watercourses.

The Leaver unit contains areas of granite outcrop, which could restrict effluent disposal. Lot sizes and subdivision design can overcome these limitations by including soils suitable for effluent disposal.

Lack of soil depth and excavation difficulties (for leach drain installation) are significant limitations within areas of the York land unit, especially in areas of laterite duricrust outcrops. These limitations can be overcome through the use of inverted leach drains surrounded by imported materials. The relatively low ability of subsoil within the Leaver, York and Pindalup units to absorb and purify septic tank effluent means that dual leach drains may be required.

Where nutrient loss, particularly phosphorous, can occur in surface drainage expressions, there is a risk of domestic effluent disposal systems contributing to an increased nutrient load in streams and wetlands. Therefore setbacks and minimum distances from water bodies will apply in accordance with the Department of Environment and Conservation guidelines, which incorporate phosphorous retention indices (PRI) criteria.

Conventional septic tank systems need to have at least 2m separation (including above the 100 year flood level) from the base of the leach drain to the highest known level of water table or bedrock in accordance with the requirements of the Health Department and the Department of Environment and Conservation. As there is no specific water table information available for the Shire and because it is likely to be localised, individual assessment will be required.


The Pindalup unit and the lower areas of the Leaver unit are likely to experience perched water tables. The gentle undulating slopes, with non-gravely duplex soils, may experience some localised seasonal perching of water tables on less permeable subsoil layers for short periods after rainfall events.

Limitations in poorer areas of the various soil units can be addressed through a range of lot sizes and subdivision design. The size and location of lots should allow incorporation of a sufficient area of better capability land on which to locate a residence and associated effluent disposal system.

4.4.3 Roads Many existing rural roads that service the Rural Residential (previously known as Special Rural) and Rural Living areas have not been planned to accommodate their current vehicle usage. The practice of special rural subdivisions utilising rural roads leads to an additional expense to the Shire in terms of ongoing maintenance and eventual upgrading.

Roads and the drainage of roads in Rural Residential (previously known as Special Rural) and Rural Living areas will be required to meet Council road standards prescribed in the Shire of Toodyay Subdivisional Engineering Criteria, as adopted, including surface run off solutions, erosion and sedimentation of watercourses.

Internal roads servicing urban and rural lifestyle developments should be sealed and in areas of landscape protection, be pegged out in advance so that a sensitive alignment may be selected rather than fixed in accordance with a conceptual plan that has not been ground-truthed. Where possible, the alignment of roads should be designed to minimise the need to clear trees and remnant vegetation.

Water sensitive design and best management practices ensure that surface water runoff is quickly dispersed into the subsoil close to where it is generated.

Existing service roads providing access to a proposed subdivision should be upgraded to accommodate the additional traffic generated by the subdivision. The subdivider may be required to contribute to or cover the expense of such upgrades.

A permit is required for roadworks on Council land and a maintenance retention bond which equates to a percentage of the total cost of subdivisional roadworks is to be lodged with Council. If the works are not completed within 12 months, the subdivider risks forfeiting the bond. In all cases a minimum standard of bitumen sealed road will be required including kerbing for drainage purposes.

4.5 Natural Resource Management

4.5.1 Issues Land degradation is Western Australia’s largest environmental problem and is one of the most serious problems threatening farming communities. The enormity of the problem is recognised in the Landcare Programme.

Landcare is a national conservation program involving all sectors of the community in achieving long term sustainable land use. Communities have become more aware of issues such as salinity, erosion, water logging, soil acidification, increased nutrients in waterways, loss of remnant vegetation and soil structure decline and have developed higher expectations for environmentally responsible and sustainable farming practices.

A key initiative of the Landcare program is to educate communities in developing more sustainable agricultural practices. These practices include clearing restrictions, stocking


controls, management of remnant vegetation, fencing and bushfire management. Where appropriate, such controls will be applied as conditions of subdivision or planning approval.

As the Shire of Toodyay falls within the Avon River catchment, it is important that land uses within the area are managed in accordance with catchment management principles. This requires consideration of rural waterway management initiatives.

The major land management issues, identified by the Avon Waterways Committee (AWC) as they relate to the Shire of Toodyay, that should be addressed in applications are:

Soil and Land Degradation The degradation of soil throughout the Shire is reducing productivity. The three main problems are soil acidification, soil structure decline and soil compaction. These problems impact on the soil’s ability to support crop and pasture activities. Agricultural production and management practices that support land conservation will therefore be encouraged.

Dryland Salinity Some areas of productive land are becoming salt affected as water tables rise following clearing in the catchment. Retention of remnant vegetation and tree planting will be encouraged to counter rising water tables resulting from excessive clearing.

Erosion Fertile topsoil and vegetation is being lost and degraded through run-off and wind erosion, causing a dramatic reduction in land productivity. The silting of the Avon River is attributed to this loss of topsoil. Again agricultural practices and revegetation programmes to control the effects of erosion will be encouraged.

Waterlogging Land clearing in upland areas and modern farming techniques has increased the incidence of waterlogging for agricultural land. Waterlogging is linked to salinity, soil structure decline and water erosion. Revegetation programmes and farming practices that are sensitive to the adverse impacts of waterlogging will be promoted.

Water Repellence Water repellent soils are developing in areas within the Shire. They reduce farm productivity by hindering the even distribution of surface water essential for crop and pasture germination.

Drainage The drainage system within the Shire experiences pollution, flooding, and general uncoordinated management. The amount and quality of water flowing through this drainage system has an impact on the health of the Avon River.

Pollution of the Avon River and its tributaries is leading to nutrient enrichment and contamination from pesticides and industrial waste.

Flooding occurs as a result of intense rainfall over a short period of time, intense rainfall in the outer catchment areas and clearing of remnant vegetation in upland areas.


Conservation of Fauna and Flora Vegetation clearing has resulted in loss of important fauna habitats and biodiversity. Conservation of existing vegetation and revegetation will be encouraged to preserve fauna habitats and flora. Particular emphasis will be placed on the creation of vegetation corridors that assist with fauna movement. Revegetation programmes should use local provenance species.

Recreation/Tourism Recreational pursuits along the Avon River and within the town of Toodyay can conflict with the use of local agricultural land and place pressure on natural resources. A balance must be found between allowing recreational or tourist activities to continue and protecting the rights of landowners and the sustainability of the Shire's resources. Often this balance can be struck through effective strategies to manage recreational use.

4.5.2 Management Avon River Management The Avon River Management Guidelines are recognised in the Local Planning Strategy as the basis for management controls for subdivision and development proposals in the Shire.

The Guidelines effectively require that proposals for subdivision and development: • Protect environmentally sensitive areas. • Identify development nodes. • Provide recreation areas and public access. • Retain natural vegetation. • Use water sensitive design to improve the quality of stormwater entering the river. • Minimise the impact of damming watercourses. • Demonstrate the means for water supply. • Demonstrate environmentally sound methods of effluent disposal. • Demonstrate the erosion potential of development and management measures. • Provide for landscape protection in river valley areas.

Stocking The grazing or keeping of livestock within Rural Residential (previously known as Special Rural) or Rural Living areas for commercial or trade purposes (i.e. a Rural Pursuit) will require the approval of Council. Commercial or trade purposes will be taken to mean where a Rural Residential (previously known as Special Rural) or Rural Living property is used to operate a business for profit. This shall not be interpreted to include the sale of wool resulting from the maintenance of stock animals kept for domestic or personal purposes. Applications for a Rural Pursuit will be assessed against the “Stocking Rate Guidelines for Rural Smallholdings” produced by Agriculture WA. These guidelines consider lot sizes and soil conditions to ensure that adequate pasture is available for grazing during the summer months without detrimentally affecting the soil cover of the property. The Council may vary the stocking rates recommended by the guidelines where management practices such as hand feeding, stabling, seasonal agistment, etc are considered appropriate. While there is no limit set on the number of animals that may be kept for domestic or personal purposes, individual landowners are encouraged to maintain stocking levels in


accordance with the guidelines of the Department of Agriculture and Food WA (Stocking Rate Guidelines for Rural Smallholdings). Measures to prevent soil and land degradation are to be undertaken in order to preserve the landform and character of the Rural Residential (previously known as Special Rural) and Rural Living areas. If a landowner seeks stocking levels above those recommended by the said guidelines and/or is likely to have an adverse environmental impact, the approval of the Shire will be required in accordance with clause 5.11.10 of the Scheme. A local planning policy will be developed in consultation with the local community to guide landowners in the keeping of stock. In terms of the keeping of poultry, the number of animals permitted for domestic purposes is not set in local or state government legislation, however a poultry farm is defined as the rearing or keeping of poultry for breeding, commercial egg production or commercial meat production. A poultry farm is not a use that may be accommodated in the Rural Residential (previously known as Special Rural) zone, so poultry kept for domestic purposes should be at a level suitable for personal consumption only. Clearing The protection of remnant vegetation within the Shire is an important consideration and has particular importance for landscape and resource protection areas.

The Shire may require a subdivider to undertake a landscape or rehabilitation planting program prior to the approval of any development or subdivision.

No indigenous trees or vegetation may be felled or removed in resource protection areas except for: • Trees, which are dead, diseased or dangerous (i.e. they present a potential risk to

buildings during a fire); • Establishment of a firebreak required under a regulation or Local Law; • Access to an approved building site or to accommodate an approved building

envelope; • An area up to two metres in width for the purpose of an approved fence line.

In considering a proposal for clearing, regard will be given to the proposed land use and the potential environmental impact (groundwater, salinity, visual, soil stability and erosion), its compatibility with clearing permits issued under the Environmental Protection Act and the legal exemptions permitted under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 and Schedule 6 of the Environmental Protection Act 1986.

Fencing Council may specify a minimum standard of fencing, or prohibit the erection of fencing in particular areas where it is considered that this will have a detrimental effect on the landscape or conservation values of an area. Local or State Government may require as a condition of subdivision or development approval that sensitive areas (i.e. wetlands, remnant vegetation, steep terrain, watercourses) be fenced to restrict access.

Water Course Protection Land adjoining watercourses and streamlines should be managed in accordance with catchment management principles, including management of riparian vegetation to minimise erosion or risk of erosion. Special requirements including, management agreements, fencing of the watercourse and revegetation programmes, may be required as conditions of development or subdivision approval. If it is deemed necessary to reserve the watercourse to ensure its protection, the width of the reserve required would be determined


by Council and the Department of Environment and Conservation / Department of Water at the time of application.

Fire Control The risk of fire in rural areas will be a major consideration in the assessment of any development or subdivision application.

The WAPC, in conjunction with FESA, has prepared Planning for Bushfire Protection (2001) guidelines. The recommendations included in these Guidelines are adopted under the Commission's Policy DC 3.7 - Fire Planning. Applications for rezoning, subdivision and development of rural land will need to respond to the requirements of Policy DC 3.7 and the Planning for Bushfire Protection guidelines. This may include the preparation of a fire risk assessment and management plan that identifies the level of fire risk affecting the subject property and identifies design responses and management measures that will be implemented to reduce this risk. In areas of extreme fire risk, closer subdivision and development will not be supported.

In addition to the above, Council will require a contribution for fire control infrastructure for each new rural lifestyle subdivision. Conservation and Recreation Areas Sites of environmental, conservation or recreational significance are to be identified within Rural Residential (previously known as Special Rural) and Rural Living proposals as these areas may need to be excluded from development to enable their preservation. Where achievable, open space areas should be linked to provide fauna corridors.

Options for protecting areas of significance include:

• Reserving the land under Local Planning Scheme No 4 for conservation or recreation

purposes; • Ceding land to satisfy public open space contributions (applies to residential zoned

land only); • Retaining land in private ownership and ensuring its conservation through a

management agreement negotiated with Council or the State Government; • Managing the land under the management agreement of a strata title scheme or

inclusion of the land in a conservation lot as provided for under the Commission's Policy DC 3.4; and

• Memorials or covenants on titles to ensure existing and subsequent landowners are aware of certain management obligations in relation to land of high conservation value.

Additionally voluntary arrangements can be made for conservation covenants with the Department for Conservation and Land Management, the National Trust or Agriculture WA.

Local Biodiversity Strategy

Local Government Biodiversity Planning Guidelines have been developed by the Western Australian Local Government Association. These guidelines establish a process for identifying, protecting and managing natural areas, which the guidelines define as: An area that contains native species or communities in a relatively natural state and hence contains biodiversity. Natural areas can be areas of native vegetation, vegetated or open water bodies (lakes, swamps), or waterways (rivers, streams, creaks – often referred to as channel wetlands, estuaries), springs, rock outcrop, bare ground (generally sand or mud), caves, coastal dunes or cliffs (adapted from Environmental Protection Authority 2003a).


Note that natural areas exclude parkland cleared areas, isolated trees in cleared settings, oval and turfed areas. This Shire will consult with the Western Australian Local Government Association (WALGA) to request the NRM Regions to give consideration to providing resources to prepare a local biodiversity strategy consistent with WALGA’s Local Government Biodiversity Planning Guidelines to facilitate the protection and management of natural areas. The request should give consideration to pursuing a regional approach to the preparation of a local biodiversity strategy. Biosecurity The Shire recognises that biosecurity is a State wide issue and acknowledges that a bill is currently being developed to address this matter. The Shire will be able to consider its position on biosecurity in its strategic planning tools once the roles and responsibilities of State and local governments have been determined through the finalisation of the proposed bill and regulations. Drainage Drainage and pumping are recognised as one option for controlling salinity and waterlogging in rural areas of the Shire. In order to ensure a coordinated approach to drainage and pumping schemes the State government requires owners or occupiers of land to lodge a notice of intent with the Commissioner of Soil and Land Conservation for certain types of drainage and pumping works. The process for lodgement and assessment of notices of intention to drain or pump water is outlined in the Soil and Land Conservation Regulations 1992. It should be noted that failure to provide the required notice to the Commissioner of Soil and Land Conservation for such works attracts significant penalties.

4.6 Subdivision Design Guidelines

The Local Planning Strategy promotes innovative design to ensure that conservation and agricultural resources are protected whilst optimising the development or subdivision potential of an area. As such, the following design guidelines will apply. These guidelines are to be read in conjunction with the Landscape Protection requirements contained in Section 3.8 and any other prerequisite contained within the Strategy.

4.6.1 Building Areas Residences and outbuildings should be located in such a manner to ensure that the visual elements of the landscape and areas of high conservation value are protected and enhanced, while responding to any identified bushfire risk. Building envelopes will be required in areas where landscape or resource management areas of high priority exist and/or where bushfire risk is present.

Where building envelopes are required by Council, they must be designed and located to: • Minimise removal of existing vegetation. • Avoid areas which obstruct skylines or which detrimentally affect areas where

landscape or resource management considerations are paramount. • Exclude areas, which for reasons of slope, soil type or other ground conditions, may

cause instability of buildings or erosion. • Exclude areas where septic tanks are unable to achieve adequate groundwater

separation. • Comply with required setback areas to boundaries, watercourses and wetlands. • Satisfy setback requirements to roads and rail corridors.


• Satisfy the guidelines contained in Planning for Bushfire Protection and the provisions of Policy DC 3.7.

• Be capable of suitable screening by trees or vegetation either existing or established.

The clustering of dwellings to enable conservation of landscape and resource management areas and to avoid high and extreme fire risk areas may be considered.

4.6.2 Lot Access The planned alignment, construction and maintenance of subdivision roads and internal tracks should take into account existing landforms, water supply points, fire management needs, vegetation and the proposed land uses. In establishing preferred alignments and engineering designs for new lot access, regard should be given to the following:

• Acceptable road grades; • Surface material; • Surface drainage, table drains, relief culverts and drain line crossings; • Road batters; • Topsoil management and revegetation; • Fire management requirements; and • Maintenance requirements.

Crossovers should comply with Council's Crossover Policy and be located to ensure safe access and egress and to provide emergency access in the event of fire.

Subdivision design should avoid lots with battleaxe access and culs-de-sac where possible. In the event that battleaxe lots are created, the battleaxe legs shall be constructed and drained to the satisfaction of Council and the Commission as a condition of subdivision approval. In areas with steep topography, battleaxe access roads should be sealed and drained to avoid erosion and to provide for safe access. To reduce fire risk, the length of cul-de-sac roads and battleaxe legs should be kept to a minimum and have regard to the guidelines contained within Planning for Bushfire Protection.

There are situations in the Shire where lots have been created without legal road access. Council will not permit the construction of a dwelling or structure on these lots until legal access is provided to Council's satisfaction. This may be achieved through the realignment of lot boundaries, the preparation of an outline development plan or an easement that grants right of access.

4.6.3 Second Dwellings on Rural Lots When assessing development applications for a second house on rural lots, Council will have regard to the following criteria and any other matters deemed relevant to the proposal: • The subject land must have access to a legal constructed road; • Lots must have a minimum area of 40 hectares; and • Proposals must meet the appropriate landscape protection criteria.

In adopting the above criteria Council will not accept the presence of a second dwelling as a legitimate argument for further subdivision.

4.6.4 Transportable Dwellings Council’s Local Planning Scheme No 4 incorporates provisions relating to transportable dwellings, including the requirement for the payment of a bond as a security for the completion of the dwelling to an appropriate standard within a designated timeframe.


4.6.5 Subdivision Design Subdivision design should be planned to ensure all lots respond to the specific site conditions and to ensure that each lot is capable of practical development, use and management. For example, the lot boundaries should aim to correspond with the alignment of natural features such as drainage lines/watercourses, ridges or contours, wetland buffers and conservation areas. This enables lot boundaries to avoid traversing natural features and assists ultimately with the management and use of rural properties. In addition, lots should be orientated such that passive solar design can be achieved in any future development on a property.

Lot sizes should respond to land capability and be able to accommodate the use intended for the site. Lot sizes should also have regard to the physical characteristics pertaining to the land. Smaller lot sizes may for instance compromise soil conservation objectives and be inappropriate in areas that are heavily vegetated areas or where the terrain is steep.

Boundaries established in accordance with the above at the preliminary planning application stages should be ground truthed and if necessary altered to achieve the above objectives. 4.6.6 Buffers Developments that may need a buffer include industries (including rural and extractive), agriculture, infrastructure and services. Buffer requirements are generally guided by State and regional policy, including that which is set by the Environmental Protection Authority, Western Australian Planning Commission and the Department of Industry and Resources. Based on available information, existing and proposed developments that require a buffer have been identified on the strategy maps. The Shire, will therefore, not generally support proposed development that will: (i) result in an incompatible land use being located within a buffer such as residential or

rural residential; and (ii) create a land use conflict as the result of a proposed development that will require a

buffer or the proposed expansion of an existing development that results in a buffer that needs to be increased, that encroaches on incompatible land uses such as residential or rural residential.

In assessing development proposal that require or are impacted on by a buffer requirement, the following will apply: (i) existing development, the buffer will be in accordance with recommended distances

as stipulated by State and regional policy unless a buffer study has been prepared and endorsed by the relevant State government authority to adopt a modified boundary; and

(ii) proposed expansion of an existing or new development, a buffer study will need to

be submitted and may require referral to the Environmental Protection Authority.


5.0 LOCAL PLANNING SCHEME REQUIREMENTS

In accordance with the recommendations of the Western Australian Planning Commission’s State Planning Policy No 2.5 - Agriculture and Rural Land Use Planning, the Local Planning Strategy and Local Planning Scheme No 4 identifies the following three rural categories:

• Rural Residential; • Rural Living; and • Rural (shown as General Agriculture under the Local Planning Strategy).

The Scheme identifies the following Urban Zones:

• Residential • Residential Development • Special Residential • Mixed Business • Town Centre • Light Industry

In addition, Local Planning Scheme No 4 makes provision for Special Use zones. The rural and urban zones generally accord with the Model Scheme Text.

Under the provisions of the Scheme, Council may require the preparation of a Development Plan prior to considering subdivision or development proposals for land zoned Town Centre, Light Industry, Residential, Residential Development, Special Residential, Rural Residential and Rural Living.


6.0 REFERENCES

Australian Bureau of Statistics (2001) Census of Population and Housing - Selected Characteristics for Suburbs and Postal Areas.

Australian Bureau of Statistics (2001) Selected Social and Housing Characteristics for Statistical Local Areas.

Australian Bureau of Statistics (1997) Basic Community Profile - Toodyay.

Avon River System Management Committee (1991) Draft Avon River System Management Strategy. Waterways Commission.

Barrett, R. D. & Ford, R. A. (1986) Patterns in the Human Geography of Australia. Mac Millan Company: Melbourne.

Bushfires Board of WA & Department of Planning and Urban Development (1989) The Homeowners Bushfire Survival Manual.

Department of Agriculture (Undated) Land Resource Series No. 11 - Land Resources of the Northam Region.

Department of Environmental Protection (1993) Red Book Status Report on the Implementation of Conservation Reserves for Western Australia.

Main Roads WA & WA Municipal Association (1997) Roads 2020: Regional Road Development Strategy.

Ministry for Planning (1996) Population Projections for Local Government Areas in Western Australia 1991-2011.

Ministry for Planning (1997) Draft Demographic Trends - Avon Arc Subregional Study.

Shire of Toodyay (1996) Julimar Road Rural Strategy. Taylor Burrell.

Shire of Toodyay (1996-1997) Toodyay Community Directory.

Shire of Toodyay (1997) Road Network Development Strategy.

Shire of Toodyay (1997) Councillor/Executive Staff Workshop Session Response Pad for the review of Town Planning Scheme No 4.

Shire of Toodyay (Undated) A Strategy for Future Development - Scheme Report.

Shire of Toodyay (Undated) Shire of Toodyay Bylaws.

Shire of Toodyay (Undated) Subdivision Areas.

Shire of Toodyay (Undated) Toodyay Townsite Urban Development Strategy.

Shire of Toodyay (Undated) Town Planning Scheme No. 1 Scheme Text.

Shire of Toodyay (Undated) Town Planning Scheme No. 2 Special Rural Zones - Scheme Report and Text.

Shire of Toodyay (Undated) Town Planning Scheme No. 3 Special Rural Zones - Scheme Report and Text.

Shire of Toodyay (Undated) Town Planning Scheme No.3 - Scheme Text.

State Government of Western Australia (2003) Hope for the future: the Western Australian State Sustainability Strategy.

Water & Rivers Commission (1997) Avon River Channel Survey: Volume 2.

Western Australian Planning Commission & Agriculture WA (1997) Planning for Agricultural and Rural Land Use - Discussion Paper.

Western Australian Planning Commission (1997) Avon Arc Subregion Environmental Audit and Landscape Analysis Sub-Study.


Western Australian Planning Commission (1997) Model Scheme Text - For Public Comment.

Western Australian Planning Commission (1997) State Planning Strategy.


APPENDIX 1

Actions Identified within Local Planning Strategy

Section Project Description 1.2.4 3.2

Subdivision &/or Development Application Assessment Tool

• Prepare an assessment tool to ensure that sustainability objectives are achieved

• Use Smart Growth Assessment Tool prepared by the City of Wanneroo as a guide

• Assessment Tool to have regard to objectives of Local Planning Strategy & Local Planning Scheme No 4

1.2.4 Sustainable Growth Study • Consultant, John Syme & Co, was appointed in 2005 to

undertake the study • The study will review expected population growth and its

implications, with the view to developing a sustainable approach to future actions

• Study will identify a strategy for addressing gaps in infrastructure and service provision

2.6.4 Heritage List • Review Municipal Inventory and State Register to

determine properties to be included on the Heritage List within the Local Planning Scheme No 4

2.6.4 3.3.1

Toodyay Heritage Area • Prepare guidelines for subdivision and development within the Toodyay Heritage Area

• Adopt the Toodyay Heritage Area as a Heritage Precinct under the Local Planning Scheme No 4

3.3.1 Interaction with Avon River • To develop a series of walking paths along the Avon River

• Study to consider appropriateness of land tenure, environmental considerations, engineering and design features to provide year round access, interpretation and artistic features to promote the walk as an attraction and the financial means for achieving this endeavour

3.3.1 Town Centre south of Rail Line • Review current land tenure, lot sizes, etc to determine basis

for redevelopment. • Undertake structure planning & design guidelines as

required to facilitate redevelopment in a manner that will achieve the objectives for the Town Centre

• Consider appropriate residential densities and land use for areas south of the rail line

• Initiate a scheme amendment to rezone the areas south of the rail line

3.3.1 Town Centre north of Rail Line • Review current land tenure, lot sizes, etc to determine the

basis for redevelopment • Undertake structure planning or prepare design guidelines /

policies as appropriate to coordinate future development and as a basis for encouraging a mix of land uses

3.3.1 Long Term Vision for Town Centre • Review existing and future demands for Town Centre

development • Identify long term directions for Town Centre • Ensure that developments that occur in the next 15 years

are not to the detriment of the long term needs for the Town Centre


Section Project Description 3.3.2 Mixed Business Area • Review current land use and tenure in the area designated

for Mixed Business purposes • Identify the preferred mix of land uses in this area and the

options available to achieve the goals for the Mixed Business area

• Prepare and implement scheme amendment, policy and/or guidelines as appropriate to achieve these goals

• Consider options available to achieve relocation of industrial uses and consult with affected landowners

3.3.3 New Industrial Area

• Investigate the site capability of the land to determine if it is appropriate for an industrial estate

• Determine current and future demands for industrial land to ensure that the land would be released when it is economically viable to do so and that it will be taken up within a reasonable time frame

• If there is no major impediment to the development of this land for industrial purposes, consider the desired future land use, lot layout and design controls etc. Protection mechanisms for the Boyagerring Brook will be required

• Prepare design guidelines and structure plans to accompany any future scheme amendment to ensure that the industrial estate is sustainable, aesthetically pleasing and has suitable buffers in place

• Initiate a scheme amendment for the new industrial estate

3.3.4 Recreation Strategy • Review existing public open space land to determine best possible future use

• Review existing recreation facilities to determine if it is sufficient to meet future demands

• Identify future requirements in terms of public open space and recreational facilities

3.4 Possible Residential or Housing

Strategy • Provide the basis for infill development • Identify the preferred nature and form of development • Undertake structure planning to ensure good planning over

areas with multiple land ownership • Identify the means for achieving infrastructure provision in

areas with multiple land ownership • Provide a long term vision for the urban environment within

Toodyay and consider future growth requirements • Consider protection of landscape values, servicing

requirements, vehicle links, the pedestrian environment, public open space provision etc

3.8.1 Toodyay Townsite Landscape

Protection Area • Initiate scheme amendment to insert appropriate Special

Control Area provisions into Local Planning Scheme No 4

3.8.2 Road Landscape Protection Buffers

• Initiate scheme amendment to insert appropriate Special Control Area provisions into Local Planning Scheme No 4

3.8.3 Critical Skylines • Initiate scheme amendment to insert appropriate provisions

into Local Planning Scheme No 4 • Provisions to prevent development on critical skylines and

deal with land outside of the Toodyay Townsite Landscape Protection Area

4.5 Local Biodiversity Strategy • Consult with WALGA and NRM Regions to give

consideration to prepare a local biodiversity strategy consistent with the Local Government Biodiversity Planning Guidelines.


7.0 APPROVALS

ADVERTISING The Shire of Toodyay Local Planning Strategy certified for advertising on the 14 March 2007. Signed for and on behalf of the Western Australian Planning Commission ________________________________ an officer of the Commission duly authorised by the Commission. _____________________________ Witness Date 19 December 2007 ADOPTED The Shire of Toodyay hereby adopts the Local Planning Strategy, at the Ordinary meeting of the Council held on the 17 day of August 2006. ________________________________ SHIRE PRESIDENT ________________________________ CHIEF EXECUTIVE OFFICER Date 15 November 2007 ENDORSEMENT Endorsed by the Western Australian Planning Commission on the 11 September 2007. ________________________________ an officer of the Commission duly authorised by the Commission. ________________________________ Witness Date 19 December 2007

LOCAL PLANNING STRATEGY · This is a copy of the Local Planning Strategy ... It is anticipated that there will be a continued high ... The new Industrial Area requires detailed planning

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