PLANNING AND DEVELOPMENT ACT 2005 SHIRE OF DENMARK TOWN PLANNING SCHEME No. 3 AMENDMENT No.131 The Denmark Shire Council under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above town planning scheme by: deleting the information contained within ‘Appendix XIII – Schedule of Tourist Zones – Tourist Zone 1’, and replacing it with the following: PARTICULARS OF THE LAND TOURIST USE CONDITIONS OF TOURIST USE i) Not withstanding any other provisions of the Scheme, the following uses may be permitted within the Karri Mia Tourist zone as shown on the Karri Mia Development Plan: 09‐16‐DP(n), or any minor variation thereto approved by Council. USES Lot 1 Lot 2 Lot 3 83 85 Boarding House (including Beauty salon) P Caravan Park P Cellar Sales P P Cinema/Theatre P P Craft Village P Function Centre (Maximum 200 persons) P Gallery/Restaurant P P Grouped Dwelling P Holiday Accommodation P P P P Home Occupation P Manager’s Accommodation P P P P P Market P Microbrewery P Motel P P Office IP IP IP IP IP Public Exhibition P P Restaurant P P Single House IP T1. Lots 83, 84 & 85 Mt Shadforth Road, Denmark. Karri Mia Tourist Zone Tourist Retail AA AA No other use is permitted unless with the consent of Council and only when in the opinion of Council the use is ancillary to the uses listed above.
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PLANNING AND DEVELOPMENT ACT 2005
SHIRE OF DENMARK
TOWN PLANNING SCHEME No. 3
AMENDMENT No.131
The Denmark Shire Council under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above town planning scheme by:
deleting the information contained within ‘Appendix XIII – Schedule of Tourist Zones – Tourist Zone 1’, and replacing it with the following:
PARTICULARS OF THE LAND
TOURIST USE CONDITIONS OF TOURIST USE
i) Not withstanding any other provisions of the Scheme, the following
uses may be permitted within the Karri Mia Tourist zone as shown
on the Karri Mia Development Plan: 09‐16‐DP(n), or any minor
variation thereto approved by Council.
USES Lot 1 Lot 2 Lot 3 83 85
Boarding House (including Beauty salon)
P
Caravan Park P Cellar Sales P P Cinema/Theatre P P Craft Village P Function Centre (Maximum 200 persons)
P
Gallery/Restaurant P P Grouped Dwelling P Holiday Accommodation P P P P Home Occupation P Manager’s Accommodation P P P P P Market P Microbrewery P Motel P P Office IP IP IP IP IP Public Exhibition P P Restaurant P P Single House IP
T1. Lots 83, 84 & 85 Mt Shadforth Road, Denmark.
Karri Mia Tourist Zone
Tourist Retail AA AA
No other use is permitted unless with the consent of Council and only when in the opinion of Council the use is ancillary to the uses listed above.
ea
Typewritten Text
Attachment 8.1.1 a)
ii) Development and subdivision shall be generally in accordance with the Karri Mia Development Plan 09‐16‐DP(n) or any variation to that plan approved by Council.
iii) Prior to development of Lot 2, a detailed concept plan shall be prepared for the site illustrating how the development will be integrated with the site in terms of design, materials, colours, landscaping and signage.
iv) Site landscaping shall be in accordance with an overall Landscape Plan approved by Council.
v) Building setbacks around the perimeter of the tourist zone shall be a minimum of 10 metres. With the exception of tourist development requiring exposure to Mt Shadforth Road on Lot 2, the building setback shall be planted as a landscape buffer consisting of trees maintained as a low fuel zone. Landscape buffers shall not be connected to adjacent larger areas of vegetation.
vi) Vehicular access to the zone shall be limited to nominated points on Mount Shadforth Road as approved by Council.
vii) Development shall be connected to on‐site effluent disposal systems installed on each lot to the satisfaction of the Health Department and Council.
viii) The existing view corridor from Chimes Spa Retreat shall be protected and development below the restaurant/function centre shall be located sufficiently down slope to enable it to be appropriately screened by vegetation.
ix) Fire hydrants to be provided every 200 metres along access roads.
x) A 52 metre low fuel and hazard separation zone between the remnant vegetation and the closest buildings being provided and buildings constructed to BAL 29 and 19 standards as per “AS 3959‐2009 Construction of Buildings in Bush Fire prone Areas.”
xi) Council may request the WAPC to impose a condition of subdivision which requires a notification on the Certificate of Title for all new lots, to advise prospective purchasers that;
a. Rural pursuits and practices are conducted adjacent to the development site;
b. The site is zoned ‘Tourism’ and associated uses may result in increased levels of noise and vehicular movement.
xii) The following requirements will apply to the strata titling within the Karri Mia tourist zone:
a. Restriction of length of stay to 3 months in any one year except for owner/manager’s accommodation.
b. An agreement between the applicant and Council to ensure that a manager/operator is available to provide for on‐site management of the common property, overall landscape management, fire control, security and where required by owner/managers, provision of a letting/management service, including marketing, maintenance, refurbishment and other services reasonably required for the development to operate as a tourist facility.
c. Fencing of Strata lots is not permitted except where it is used to contain a pet. Where fencing is required it shall be of rural character such as ring lock (or similar). Fibre cement, metal sheeting or wooden picket are not permitted.
d. Owner/manager’s accommodation shall be constructed to similar specifications as the holiday accommodation in terms of materials, roof pitch, colours and general appearance. Design Guidelines shall be prepared as a condition of subdivision approval.
xiii) a. All external illumination shall be of low level, controlled spill
lighting, with any variations requiring Council approval;
b. External illumination associated with the Restaurant and the Function Centre shall occur for no more than 15 minutes after these uses cease operating at night; and
c. On‐site street lighting for personal safety shall not be illuminated later than 12.00 midnight.
17.721ha
33.818ha
3.205ha
1.997ha2.000ha
20.478ha
27.994ha
12.240ha
1
CP
SL1
3
SL2
SL3
SL4
SL5
SL6
SL7
SL8
SL9
SL10
SL11
SL14
SL16
SL18
SL19
SL20
SL21
SL22
SL23
SL24
SL25
SL26
SL27SL28
SL29
SL30
SL31SL32
2
SL13
SL15
SL17
SL12
3980m²
3020m²
3400m²
2520m²
2060m²
3040m²2020m²
2020m²
2040m²
2010m²
2010m²
2060m²
2990m²2750m²
3000m²
2930m² 2100m²
MM
M
2650m²
2040m²
2050m²
4140m²
2480m²
2410m²
2.3270ha
14.388haMA
9700m²
2060m²
2040m²
2050m²
2450m²
2180m² 3940m²
2110m²
2100m²
2.8060ha
2.3470ha
M OU N T
SHADF ORT H
R OA D
C A R A V A N P A R K
T O U R I S T M A R K E T & C R A F T V I LLA G E
C H I M E S S P A R E T R E A T
E X I S T I N G R E S T A U R A N T A N D F U N C T I O N
C E N T R E
R EC EPTI O N /
M AN AG ER S
AC C O M M O D ATI O N
C AR AVAN &
BO AT STO R AG E
TEN N I S
C O U R T
Lot 2 i s desi gnat ed f or com m er ci al l y or i ent at edt our i st uses r equi r i ng
f r ont age t o M t S hadf or t h R oad. P r i or t o devel opm ent a det ai l ed concept pl an w i l l need t o be pr epar ed
f or t he si t e
V eget at i on t oscr een dow nsl opedevel opm ent w hi l st r et ai ni ng vi ew s f r om Lot 83.
B ui l di ngs t o be const r uct ed t o B A L 19 bui l di ng
st andar d
B ui l di ngs t o be const r uct ed t o B A L 29 bui l di ng
st andar d
V i ew cor r i dor f or C hi m es S pa R et r eat
t o be pr ot ect ed
P edest r i an and em er gency access / egr ess t o C hi m es
S pa R et r eat
423
403
425
424
4
67
80 81
65
83
84
85
09-16-DP(o)
LEGEND
SCALE 1:2500
3020100 40 50
ORIG A3
Existing Vegetation
Proposed Vegetation
Existing Buildings
Existing Lot Boundaries
Proposed Lot Boundaries
Subject Land
Indicative Location of Owner /Manager Accommodation
KARRI MIA TOURIST ZONE
SUBDIVISION AND DEVELOPMENT PLAN
Lots 83, 84 & 85 Mount Shadforth Road
Shadforth, Shire of Denmark
Existing Dams
Motel (existing & proposed)M
In association
with Taylor Burrell Barnett
Indicative Location ofHoliday Chalet
11 Duke Street
Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Common PropertyCP
Survey Strata LotsSL1 - 32
Reciprocal Rights ofAccess Required
Freehold Lots1 - 3
Low Fuel / HazardSeparation Zone
2 1
M OU N T SHADF ORT H
R OA D
FREEHOLD LOTS
3
85
83
20m Landscape BuildingSetback
Subdivision and development to be generally inaccordance with this Karri Mia Development Plan,or any variation approved by council.Prior to development of Lot 2, a detailed Concept Plan isto be prepared for the site outlining the proposed uses,access, car parking, signage, demonstrating how theproposal will be integrated into the site in terms of design,materials, colours and landscaping.Vehicular access to the site shall be limited to thatshown on the plan unless otherwise approved by council.Development shall be connected to appropriate onsiteeffluent disposal systems on each lot to the satisfactionof the Health Department and Council.All development shall be connected to Scheme Wateror a potable water supply approved by council.Owner / manager's accommodation shall be constructedto similar design specifications as the holidayaccommodation in terms of materials, colours andgeneral design elements such as roof pitch, verandahs,window and door treatments.The principles of the Residential Design Codes in termsof key design elements, such as streetscape, boundarysetbacks, site works, building height and privacy, shallbe used as a general guide to assess development.Boundary fencing for the survey strata lots shall not bepermitted.Placement of buildings shall have regard to the viewsand privacy of adjoining development.Large outbuildings shall not be permitted with provisionmade for off site storage of boats and caravans.Use of pole home design is preferred to extensiveuse of fill and retaining walls.Fire hydrants to be provided every 200m along accessroads.Provision of a low fuel hazard separation zone as shownon the plan, and construction of housing in accordancewith AS 3959 - 2009 'Construction of buildings in BushFire Prone Areas'.