12.1.1

Shire of Manjimup

Local Planning Scheme No. 4

Scheme Amendment No. 5

Lots 10280 & 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe

June 2012

Prepared by

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PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME

SHIRE OF MANJIMUP LOCAL PLANNING SCHEME NO. 4

AMENDMENT NO. 5

Resolved that the Council, in pursuance of Section 75 of the Planning and Development Act 2005, amends the above local planning scheme by:

1. Rezoning Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”;

2. Including Rural Residential Zone No. 31, Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe within Schedule 2 (Rural Residential – Additional Requirements) and inserting specific provisions on use and development of the land;

3. Removing Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from Development Investigation Area No. 3 as contained in Schedule 19 Development Investigation Area; and

4. Amending the Scheme Maps accordingly.

Dated this _____________________ day of _________________________ 2012

_________________________________ _______________________________

Chief Executive Officer Date

Contents

Section No.	Heading	Page No.
1	Introduction	4
2	Background	5
3	Planning Framework	7
4	Amendment Proposal	16
5	Planning Considerations and Planning Justification	18
6	Conclusion	39
Attachments
1	Certificates of Title
2	Location Plan
3	Spring Flora and Vegetation Survey
4	Local Water Management Strategy
5	Fire Management Plan
6	Structure Plan
7	Planning Issues
8	Department of Environment and Conservation advice
9	Clearing Plan in Response to Fire Management Control

PROPOSAL TO AMEND A LOCAL PLANNING SCHEME

1.	LOCAL AUTHORITY:	Shire of Manjimup
2.	DESCRIPTION OF LOCAL PLANNING SCHEME:	Local Planning Scheme No. 4
3.	TYPE OF SCHEME:	Local Planning Scheme
4.	SERIAL NUMBER OF AMENDMENT:	5
5.	PROPOSAL:	To rezone Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”, insert specific provisions on use and development and remove the site from Development Investigation Area No. 3.

REPORT BY THE SHIRE OF MANJIMUP

1. INTRODUCTION

The Shire of Manjimup seeks the support of the Western Australian Planning Commission (WAPC) and the approval of the Hon. Minister for Planning to rezone Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”.

The purpose of this report, associated technical investigations and the Structure Plan are to explain the proposal and set out the planning merits of Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe for rural residential use.

The site’s identification as “Rural Residential” in the endorsed Local Planning Strategy, within a “Development Investigation Area” in Local Planning Scheme No. 4 with a land use expectation of rural residential, its close proximity to the Northcliffe townsite and its services all highlight its suitability for rural residential use. As set out in this report, rural residential subdivision/development is also capable of being appropriately accommodated to address servicing, environmental, landscape and planning considerations.

The scheme amendment will facilitate the creation of around 40 rural residential lots ranging from approximately 1 – 12.3 hectares in area.

More detailed planning and technical investigations will occur at the subdivision, planning application and building licence stages.

2. BACKGROUND

2.1 Cadastral Details

The site subject to this scheme amendment request is legally described as:

· Lot 10280, on Deposited Plan 203111, contained on Volume 1595 and Folio 599. It has an area of 65.868 hectares and is owned by Paul and Audrey Formentin; and

· Lot 10281, on Deposited Plan 20311, contained on Volume 2616 and Folio 585. It has an area of 60.576 hectares and is owned by Andrew and Joanne Chivers.

The Certificate of Titles are set out in Attachment 1.

2.2 Regional Context

The subject land is located in the Shire of Manjimup and near the Northcliffe townsite. Northcliffe is a local centre in the Warren-Blackwood Region which provides various services and facilities to residents and visitors.

Northcliffe is located approximately 365 kilometres south of Perth. Northcliffe is an important tourist town and is attractively situated near forests, National Parks and is a gateway to the D’Entrecasteaux National Park.

2.3 Local Context

The site is located approximately 3 kilometres north-west of the Northcliffe townsite (see Attachment 2). Surrounding land uses are predominantly rural residential development to the north (existing) and south (nearby and proposed), rural small holdings to the west along with areas designated as Rural Residential in the Local Planning Strategy to the east.

A railway reserve adjoins the eastern boundary of the site. Decades ago, the railway was used primarily for transporting timber and agricultural produce. More recently, the railway line was used for tourist sightseeing however it has not been operating to Northcliffe for a number of years.

2.4 Physical Characteristics

The site has the following characteristics and features:

· has a total area of approximately 126.4 hectares of which about 100 hectares is remnant native vegetation (also called native vegetation or remnant vegetation). The western section is cleared, pastured and used for grazing cattle. The central and eastern sections contain a range of native vegetation including the broad categories of wetlands, open low woodlands on sands and open forest on gravelly loams. Tree species include Jarrah, Marri and a small area of Karri. Further details are provided in Attachment 3;

· while the cleared section is nearly flat, the majority of the site is typically gently undulating. Elevation varies across the site from approximately 99 metres AHD in the north west to 114 metres AHD in south-east;

· there are two well defined watercourses along with a flat shallow swale near the Pemberton-Northcliffe Road;

· there are various soil types including loamy gravels, sandy gravels and deeper sands (further details are in section 2.5);

· it is used for rural living purposes and grazing cattle. Lot 10280 contains a dwelling and large dam, while Lot 10281 contains a shed and small dam;

· there are no visible signs to indicate contamination of the site. It is understood that the subject land has been used predominately for low-key grazing for a number of years; and

· it offers a range of lifestyle opportunities in an attractive setting.

Generally, the site is considered to contain physical attributes suitable to accommodate rural residential subdivision/development.

2.5 Soil Types and Land Capability

Soil mapping undertaken by Land Assessment Pty Ltd (2001) sets out that the site contains three soil types which are described as “Angove”, “Collis” and “Minor Valley”.

Approximately 90% of the site contains the “Angove” soil subsystem which is described as “Gently sloping sandy terrain; slight dissections. Humus podzols on broad crests; sandy yellow duplex soils in shallow dissections.” This soil type has a “B” land capability assessment rating for rural residential (septic tanks) which means “50 – 70% of the land is suitable for use (Classes 1, 2 and 3)”.

The site contains a small area of the “Collis” soil subsystem (COy) in the north-west section. This soil subsystem is described as “Gravelly yellow duplex soils.” This soil type has an “A1” land capability assessment rating for rural residential (septic tanks) which means “more than 70% of the land is suitable for use (Classes 1 or 2)”. A1 represents the highest land capability or the most capable land.

Additionally, Land Assessment set out that the site contains a small area of the “Minor Valley” soil subsystem in the north-west section. This soil subsystem is described as “Valleys in granitic terrain, narrow swampy floors; <20m relief. Gravelly yellow duplex soils on smooth flanks. Peaty soils on narrow floor.” This soil type has a “B” land capability assessment rating for rural residential (septic tanks).

2.6 Existing Services

2.6.1 Roads

The site adjoins Pemberton-Northcliffe Road which is constructed to a sealed standard.

2.6.2 Drainage

The subject land drains towards the north-west. There is no drainage connection from the site to the Shire stormwater (drainage) network.

2.6.3 Water Supply

The existing dwelling is served by an on-site water supply.

2.6.4 Wastewater Disposal

The subject land is not serviced with reticulated sewerage, but instead the existing dwelling is served by an on-site effluent disposal system.

2.6.5 Power and Telecommunications

Power and telephone services are currently available to the site.

2.7 Heritage

The Department of Indigenous Affair’s database has no known sites of Aboriginal significance on the site. Additionally, the site does not contain any structure or place of non-indigenous heritage significance on the Shire of Manjimup Municipal Heritage Inventory.

3. PLANNING FRAMEWORK

3.1 Overview

The following section will outline how the proposed rural residential use for Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe and the associated Structure Plan suitably address relevant planning policies, strategies, plans and the Local Planning Scheme No. 4 (LPS4).

3.2 State Planning Policy 2 – Environment and Natural Resources

The Policy defines the principles and considerations that represent good and responsible planning, in terms of environment and natural resource issues, within the framework of the State Planning Strategy. The Policy is supplemented by more detailed planning policies on particular natural resources matters that require additional information and guidance.

3.3 State Planning Policy 2.5 – Agricultural and Rural Land Use Planning

State Planning Policy No. 2.5 – Agriculture and Rural Land Use Planning (SPP 2.5) provides the framework for agricultural and rural land use planning in Western Australia. In summary, the policy objectives are to:

· protect agricultural land resources whenever possible;

· plan and provide for rural settlement;

· minimise the potential for land use conflict; and

· carefully manage natural resources.

The overall intent of SPP 2.5 is that rural and agriculturally significant land should be protected from land use that is not relevant or appropriate in rural areas. The policy recognises the finite nature of productive land and provisions are made for its protection. The policy also accepts that development will occur in rural areas. A policy objective is to “Plan and provide for rural settlement where it can –

a. benefit and support existing communities; and

b. have access to appropriate community services and infrastructure.”

Section 5.3.1 of the Policy sets out considerations for the development of rural settlements, including rural residential and rural smallholdings. The Policy requires that Schemes should make provision for matters including providing a subdivisional guide plan, identification of building envelopes or building exclusion areas, restriction to one dwelling per lot, servicing which addresses environmental/health considerations and addressing bushfire risk.

A “Rural-Residential zone is defined as “Land used for residential purposes in a rural setting which provides for alternative residential lifestyle and which seeks to preserve the amenity of such areas and control land use impacts.” Section 5.3.2 sets out that lot sizes can range between 1 - 4 hectares depending on local conditions.

Appendix 2 sets out criteria for the identification and planning of rural settlements including not constraining agricultural operations, being in close proximity to townsites, maintaining urban growth potential, being appropriately serviced and addressing land capability.

SPP 2.5 is currently being reviewed.

Lots 10280 and 10281 Pemberton-Northcliffe Road are clearly not priority agricultural land with details set out in section 5.11.

3.4 State Planning Policy No. 2.9 Water Resources

The State’s water resources are subject to wide ranging impacts and demands. Effective planning should contribute to the protection and wise management of water resources by ensuring planning strategies, schemes, structure plans, subdivisions and other proposals adopt a sustainable approach.

The Policy supports an integrated approach, taking account of the total water cycle management, supporting water sensitive urban design principles and provides guidance on appropriate buffers to watercourses and waterways.

The objectives of the Policy are to:

· protect, conserve and enhance water resources that are identified as having significant economic, social, cultural and/or environmental values;

· 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

· promote and assist in the management and sustainable use of water resources.

To address the requirements of SPP 2.9, a Local Water Management Strategy is provided in Attachment 4.

3.5 State Planning Policy No. 3 – Urban Growth and Settlement

This Policy sets out the principles and considerations which apply for urban growth and settlement in Western Australia. In summary, the Policy objectives are to:

· promote a sustainable settlement pattern including providing sufficient and suitable land for a wide variety of housing;

· build on existing communities with established services and infrastructure and to promote local economies;

· address environmental, heritage and community considerations;

· promote accessibility, housing choice and an identifiable sense of place; and

· ensure appropriate servicing which is provided in an efficient manner.

The Policy sets out requirements for sustainable communities which include:

· using land efficiently;

· convenient access to employment, retail and community facilities;

· quality design;

· addressing environmental considerations; and

· supporting a positive planning framework which seeks to facilitate and promote quality development.

The consolidation and expansion of existing settlements is preferred to the development of new settlements.

Section 5.6 states “Rural-residential living is an important component of the settlement pattern in rural areas of the State. Rural residential development also provides for lifestyle choice and has the potential to revitalise rural communities.”

3.6 DC Policy 1.1 Subdivision of Land – General Principles

This Policy sets out the general principles used by the WAPC in determining subdivision applications. It indicates the WAPC’s basic requirements for the creation of new lots. Policy objectives include:

· To control the subdivision of land within the framework of the relevant legislation and regulations.

· To ensure that the subdivision of land is consistent with Statement of Planning Policy No. 1 State Planning Framework (SPP No. 1) and relevant WAPC policies and plans.

· To ensure that all lots created have regard to the provisions of the relevant local government town planning scheme.

· To ensure the subdivision pattern is responsive to the characteristics of the site and the local planning context.

· To ensure that the subdivision is consistent with orderly and proper planning and the character of the area.

· To facilitate development which achieves appropriate community standards of health, safety and amenity.

3.7 Development Control Policy No. DC 3.4 – Subdivision of Rural Land

DC 3.4 is an operational policy which complements SPP 2.5. The Policy sets out the principles which are used by the WAPC in determining applications for the subdivision of rural land.

The Policy sets out that there is a presumption against the subdivision of rural land. There are however various exceptions to this, including where the application is specifically provided for in a Town Planning Scheme or in a Local Planning Strategy.

The endorsed Local Planning Strategy allocates the site as “Rural Residential” while LPS4 includes the site within a Development Investigation Area with a land use expectation of Rural Residential.

DC 3.4 is currently being reviewed.

3.8 Planning for Bush Fire Protection Guidelines (edition 2)

This policy document was prepared by the Fire and Emergency Services Authority of Western Australia (FESA) and the WAPC. The document forms the foundation for fire risk management planning on private land in Western Australia. The document addresses important fire risk management and planning issues and sets out performance criteria and acceptable solutions to minimise bush fire risk for new subdivisions and development. It addresses management issues including development location, vehicular access, water, siting of development, and design of development. Important elements include the provision of Hazard Separation Zones and Building Protection Zones.

The document outlines that the level of bush fire risk can be reduced as a result of approved subdivision/development works.

Further details relating to fire management are set out in section 5.8 and Attachment 5.

3.9 Visual Landscape Planning in Western Australia Manual (2007)

This document was released by the WAPC and the former Department for Planning and Infrastructure in November 2007. Amongst matters, it provides principles and guidelines for the location, siting and design of buildings, structures and new planting.

Page 3 states “The aim should be to accommodate change while maintaining and, where possible, enhancing the quality of our landscapes.”

The document (on pages 104 – 116) provides principles and guidance for rural residential development including subdivision layout, siting buildings, building design and new planting.

3.10 South-West Framework (2009)

The South-West Framework, endorsed by the WAPC in 2009, provides a broad planning blueprint for the region over the next 20 years.

The document states:

“The vision is for a region that generates high standards of social amenity, diverse economic activities and high quality food, while preserving and enhancing the natural environment.” (page 1).

It highlights that the region’s population will continue to grow for reasons including in-migration from retirees and tree-changers. The document seeks various measures including:

· more efficient use of land;

· defining boundaries to settlement growth;

· promoting development in or near existing communities;

· providing a mix of lots and dwellings;

· preserving the productivity of agricultural areas; and

· high quality design.

3.11 Warren-Blackwood Regional Planning Strategy (1997)

The purpose of the Regional Strategy is “to develop a framework to guide and promote the development of the region in the best interests of the community over the next 25 years” (page 113). The vision for the Warren-Blackwood Region (page 55) is:

“To protect and strengthen the special identity of the region. Future growth and development should be encouraged where it would contribute to strengthening and diversifying the region’s economic base and the social well-being of its residents and should be appropriately balanced with maintaining the unique environmental, cultural and visual landscape characteristics, and the lifestyles of the people living there.”

The Regional Strategy, amongst other matters, seeks to:

· protect the productive capacity of prime agricultural land against inappropriate subdivision and development;

· ensure that a full range of lot sizes and housing types are available; and

· provide opportunities for rural living and other non-agricultural activities in rural areas, provided these uses maximise environmental and social amenity, while minimising impacts on agricultural productivity.

The Regional Strategy divides the region into a number of Planning Units. The subject land is included within Planning Unit WR1 - Warren. The Regional Strategy promotes and encourages various land uses within this planning unit including horticulture, townsite, limited rural-residential and low-key nature based tourism developments. It notes, on page 104, that “Parts of the unit may be suitable for rural-residential development.”

3.12 Warren-Blackwood Rural Strategy (2004)

The purpose of the Rural Strategy is to provide a planning framework to address the rural land use, land management, agricultural productivity, environmental protection and resource rehabilitation issues that were unable to be resolved in the Regional Strategy.

The Rural Strategy embraces the principles of sustainability at its foundation. It aims to provide the best balance between social, environmental and economic factors. Its vision (page 29) for the Warren-Blackwood Region is:

“A rural community pursuing sustainable development of the region’s unique resources, maintaining a balance between economic, social and environmental objectives.”

A key principle is to protect the productive capacity of agricultural land. Proposed rural-residential subdivisions should be located within 5km of towns and provide buffers to agricultural areas on the subdivided land. The Rural Strategy supports the efficient use of land and clustering of lots to conserve the intrinsic features of the site and its setting.

The site is within Planning Unit WR1 and has a conceptual zoning of agriculture. Planning objectives include “Ensure that all rural-residential development is restricted to specifically identified zone of policy areas.”

3.13 Shire of Manjimup Local Planning Strategy (2003)

The Local Planning Strategy (LPS) sets out a vision for the municipality (page 15) which is:

“to support a thriving community – utilising and consolidating existing towns and services – while developing a diversified, locally-based economy that protects and enhances the rural and natural character, and physical attributes, of the Shire integrated with a sustainable and productive natural resource base.”

The strategic objectives to support this vision include:

· “To protect areas of agricultural significance for sustainable production whilst accommodating other complementary rural activities;”

· “To provide for the growth of settlements in a land use pattern which reduces pressure to convert good quality agricultural land to non-agricultural uses;”

· “To ensure urban and rural-residential development is located and managed to:

- minimize impacts on rural lands including timber production areas;

- protect and enhance the rural landscape and environmental values”.

In relation to the future concept plan for Northcliffe, the LPS (page 154) states:

“The residents of Northcliffe have been particularly affected by the downturn in the availability of timber from State Forests in the area and in recent years a number of mills have closed.

While a Town Planning Scheme cannot directly resolve employment and economic problems which has led to a loss of population, the Scheme should not contribute to the problems. It is the intention to develop a strategy which provides flexibility for land use and development while ensuring the landscape and amenity remains attractive to new residents and visitors.”

The LPS allocates the site as Rural Residential. This is consistent with a key planning principle of the LPS to “Consolidate the urban area of the townsite and locate rural-residential development in proximity to town facilities” (page 154).

Page 157 of the LPS states in relation to the amendment site and adjoining land:

“The northern area includes a large area of remnant vegetation which is worthy of preservation. Subdivision should be co-ordinated and planned to avoid clearing, locating houses around the fringe of the vegetation. This will reduce the lot yield by up to 50%, but may result in an innovative development responsive to the features of the land.”

A “Compatible Land Use Area” applies to the western section of the site. The LPS (page 159) states this:

“Designates rural land within 250 metres both within and adjacent to residential areas requiring management of activities in a compatible manner. This may require landowners to acknowledge lawful land use activities when purchasing land or farmers may need to manage activities (eg. the use of chemicals) to avoid impacts on adjacent (particularly residential) properties.”

3.14 Shire of Manjimup Local Planning Scheme No. 4 (2010)

The Shire of Manjimup Local Planning Scheme No. 4 (LPS4) was gazetted on 8 December 2010.

The land subject to this scheme amendment request is zoned “General Agriculture” and is within a Development Investigation Area (DIA 3). Schedule 19 sets out that DIA 3 covers Lots 10280 and 10281 Pemberton-Northcliffe Road along with Lot 10279 Datchet Road. Schedule 19 sets out that the land use expectation is “Rural Residential”. In “Matters to be Addressed in Rezoning and Structure Plans (in addition to clause 6.4.4.4)” it states:

“The land contains an area of significant bushland and the Structure Plan will need to identify the extent of that bushland to be conserved and set aside for conservation purposes with the result that not all of the land may be suitable for the expected purpose.”

Clause 1.6.1 sets out:

“The vision for the municipality is to support a thriving community, utilising and consolidating existing towns and services, while developing a diversified, locally-based economy which protects and enhances the rural and natural character and physical attributes of the local government district integrated with a sustainable and productive natural resource base.”

Relevant strategic objectives to support this vision are set out in Clause 1.6.2 include:

(iii) maintain, support and enhance rural infrastructure and settlements;

(iv) provide for the growth of settlements in a land use pattern which reduces pressure to convert good quality agricultural land to non-agricultural uses;

(v) provide for a range of rural lifestyle and small-scale economic opportunities in proximity to existing settlements and within these settlements where appropriate;

(vi) ensure urban and rural-residential development are located and managed to—

(a) minimise impacts on rural lands including timber production areas;

(b) protect and enhance the rural landscape and environmental values;

management in subdivision and development proposals; and

(d) be appropriately serviced in a sustainable manner that does not place inappropriate demands on the local government or servicing authorities in terms of upgrading or maintaining services;

Clause 4.6.1 states “The purpose of the Rural Residential zone is to provide for low density residential development in a rural setting consistent and compatible with adjacent land use activity, landscape and the environmental attributes of the land.”

Clause 5.36 sets out policies and subdivision and development standards for the Rural Residential Zone.

Details relating to the preparation of Structure Plans are set out in Clause 6.4.

LPS4 provisions have guided the Structure Plan.

3.15 Planning Framework Implications for Scheme Amendment Proposal

Common themes of the policies, strategies, plans and LPS4 and their implications for the scheme amendment request include:

· addressing key environmental assets including water resources and native vegetation;

· addressing bush fire risk;

· appropriate servicing;

· a need to minimise landscape impact;

· promoting rural residential development in appropriate locations;

· supporting local communities and local economies;

· stimulating development in Northcliffe and to respond to community demands for rural living in appropriate locations;

· a requirement for sustainable and quality design; and

· the site is within a strategically identified area set aside for rural residential subdivision/development.

Based on the above, the requested Rural Residential zoning is consistent with the planning framework. To implement the site’s classification as “Rural Residential” in the endorsed Local Planning Strategy and within a Development Investigation Area in LPS4, it is necessary to amend LPS4 from “General Agriculture” to “Rural Residential” for the site.

4. AMENDMENT PROPOSAL

4.1 Proposed Scheme Amendment

The intent of the scheme amendment request is to rezone Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”.

4.2 Structure Plan

In support of the requested zoning, a Structure Plan is provided in Attachment 6 which shows how the site can be subdivided and developed. The Structure Plan has been designed in order to accord with the general intent of the endorsed Local Planning Strategy and LPS4 and provide for the orderly and proper planning in terms of land use and design.

The Structure Plan responds to the site’s opportunities and constraints, appropriate linkages to surrounding properties and the planning framework. In particular, key planning and design elements of the Structure Plan incorporate:

· the conclusions of the spring flora and vegetation survey (Attachment 3) which recommended the protection of the wetland vegetation community. Accordingly, building exclusion areas are located over the wetland vegetation community (along with other areas), with future dwellings located either on cleared land or open low woodlands;

· managing bush fire risk and enhancing safety for future residents (Attachment 5);

· investigations and advice undertaken by Richard Wittenoom & Associates on planning issues (Attachment 7) including providing appropriate building sites;

· managing water resources and the Local Water Management Plan (Attachment 4);

· no lot being less than 1 hectare in area in accordance with WAPC policy;

· a range of lot sizes in response to soil conditions, capability for on-site effluent disposal, vegetation type and other considerations. Smaller lots are provided on cleared land with larger lots in vegetated areas which is consistent with the planning framework and the strategic direction;

· the lack of reticulated sewerage;

· setbacks from watercourses and the drainage line to address human health considerations for on-site effluent disposal;

· aligning roads to minimise the impact on the wetland vegetation;

· a highly permeable road network which provides connectivity to Lot 10279 (and in time to Datchet Road) and to Lot 10282 (in the south and in turn to the Northcliffe Private Estate) for motorists, cyclists and pedestrians. The permeable road network also assists in achieving appropriate fire protection, along with a connection to the Pemberton-Northcliffe railway reserve as an additional fire escape route;

· no lots having direct vehicular access to the Pemberton-Northcliffe Road; and

· no provision of public open space given the large lot sizes and to minimise on-going Shire maintenance costs.

The Structure Plan shows:

· 40 lots ranging between 1 hectare and approximately 12.3 hectares in area. Generally, lots between 1 - 3 hectares are proposed on cleared land, with lot sizes between 2 – 5 hectares on vegetated land. The average lot size on vegetated land is around 3.16 hectares;

· considerable areas of remnant vegetation conserved which are included within building exclusion areas;

· a loop road which is designed to avoid wetland vegetation communities. The road reserve is 20 metres wide and will also incorporate components of the stormwater management measures for the site;

· two road connections to the south, a road connection to the north to adjoining Lot 10279 and a connection to the railway reserve to the east; and

· sufficient and suitable areas to locate a dwelling, outbuilding and an effluent disposal system on each proposed lot.

The proposed subdivision and development will consist of:

· sealed roads;

· underground power;

· telecommunication services;

· on site water supplies and effluent disposal;

· enhanced stormwater management;

· new and upgraded fencing;

· appropriate replanting; and

· upgraded fire management measures.

4.3 Scheme Provisions

The proposed rural residential subdivision, development and land use will be controlled by existing and proposed LPS4 provisions.

5. PLANNING CONSIDERATIONS AND PLANNING JUSTIFICATION

5.1 Overview

This section brings together an assessment of the site’s attributes and the planning framework in considering key planning matters and justifying the requested zoning for Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”.

5.2 Suitability of the Subject Land for Rural Residential Zoning

The subject land is considered suitable to be rezoned to Rural Residential. Numerous planning policies and strategies support rural residential use in areas which are in close proximity to towns including:

· State Planning Policy 2.5 – Agricultural and Rural Land Use Planning;

· State Planning Policy No. 3 – Urban Growth and Settlement;

· Warren-Blackwood Regional Planning Strategy;

· Warren-Blackwood Rural Strategy;

· Shire of Manjimup Local Planning Strategy; and

· LPS4.

In particular, the Local Planning Strategy classifies the subject land as “Rural Residential”. This document was subject to widespread consultation and assessment and was adopted by the Council and endorsed by the WAPC.

The site is considered suitable for rural residential subdivision/development for reasons including:

· the subject land is 3 kilometres from the Northcliffe townsite which provides educational, recreational, commercial and community services;

· it is surrounded by existing and proposed rural residential or small holding areas and accordingly is compatible with adjoining and surrounding land uses;

· it can be appropriately serviced in accordance with local government and State Government guidelines;

· key environmental assets, including water resources and significant native vegetation, will be protected;

· landscape considerations can be effectively addressed; and

· it is within an area where there is has been a long established demand for Rural Residential lifestyle lots.

5.3 Environmental Impact

Based on investigations undertaken by Ekologica Pty Ltd (Attachment 3) and Richard Wittenoom & Associates (Attachments 4 and 7), along with the preliminary advice of the Department of Environment and Conservation (Attachment 8), it is expected that the proposal will have manageable environmental impacts. The reasons include:

· a portion of the site is cleared;

· the central and eastern section contain native vegetation which is typical of those in the Northcliffe area and each of the vegetation complexes present on the properties is well represented in conservation reserves (outlined further in section 5.4);

· there are opportunities for appropriate revegetation on portions of the site subject to being consistent with the Fire Management Plan;

· larger lots are provided in the vegetated area and significant building exclusion areas are provided on the Structure Plan to conserve native vegetation. The proposed extent of clearing is outlined on Attachment 9 which shows that the majority of the site’s native vegetation will be conserved following subdivision/development;

· effluent disposal and stormwater management can be appropriately located and designed to the satisfaction of the Shire and relevant agencies to not compromise downstream water quality. Alternative Treatment Units (ATUs) will be required for a few lots, as identified on the Structure Plan, with this backed up by a Special Provision;

· the site is close to the Northcliffe townsite limiting the need for motorised transport and providing opportunities for journeys to be made by cycling and walking; and

· the site is within an area that has been strategically identified for rural residential development. The site forms part of the “development footprint” for Northcliffe, especially given the site is surrounded by existing and proposed rural residential and rural smallholding subdivision/development.

5.4 Flora and Vegetation Assessment

Based on direction set by the Local Planning Strategy, LPS4 and an assessment of the site’s opportunities and constraints, a key issue for Lots 10280 and 10281 is identifying the extent of bushland to be conserved and set aside for conservation purposes. To provide required technical advice, Ekologica Pty Ltd was engaged to undertake a Spring Flora and Vegetation Survey.

The complete Ekologica report is provided in Attachment 3. Relevant extracts of the Ekologica report are set out below:

“One Priority 3 flora species (Sphenotoma parviflora) was found near the edge of a wetland in the eastern part of the study area.

The vegetation communities present in the study area, which are generally in Very Good to Excellent condition, can be considered typical of those in the Northcliffe area and each of the vegetation complexes present on the properties is well represented in conservation reserves. Nevertheless, the wetlands of the study have particular conservation value, because of their potential as habitat for S. parviflora, and possibly other priority flora species.” (page 2)

“The remnant native vegetation within the study area can be separated into three broad structural categories, viz.;

1. Wetlands

2. Open low woodlands on sands

3. Open forest on gravelly loams

Within these broad structural categories the following floristic communities can be recognized (see Fig. 5; Appendix 2).” (page 8).

“Because of the large proportion of the Warren region that exists as remnant vegetation (mainly in State forest and National Parks and Conservation Reserves) there are few ecological communities that area considered endangered or priority (DEC 2007, 2008c). Each of the vegetation complexes present in the study area meet the 15% reservation target of pre-European extent. Also, the vegetation communities present in the study area can be considered typical of those in the Northcliffe area.

Nevertheless the wetland vegetation within the study area (mapped as “WLA”) has particular conservation value, not least because one known priority flora species (Sphaerolobium parviflora) and possibly other priority species might be found there. Therefore as much as possible this wetland vegetation should be protected. For Conservation Category wetlands the Department for Planning and Infrastructure of Western Australia recommends a buffer zone of ≥ 50 m from the edge of standing water to improve aesthetics and about 100 m to minimize weed infestation and edge affects (DPI, 2005). Fencing to limit vehicle, stock, exotic fauna access is also recommended.” (page 11).

To inform the Structure Planning process, the Department of Environment and Conservation (DEC) were provided the Ekologica report and a draft Structure Plan early on in the planning process in November 2009. In response, DEC’s preliminary advice (Attachment 8) supports Ekologica’s technical investigations, their findings and recommendations. In particular, no “fatal flaws” were identified by DEC. The advice, in part, states:

“DEC consider that the wetland present on the above locations to be of high conservation value.”

“DEC would request a Vegetation Management Plan be prepared to address protection of remnant vegetation associated with the wetland and areas where priority species occur.”

The investigations undertaken by Ekologica provided a sound basis for the Structure Plan design. The Ekologica recommendations have been incorporated into the Structure Plan given it conserves virtually all wetland vegetation and larger lots are provided in the areas containing remnant vegetation compared to cleared land. Appropriate buffers are also provided to protect the priority flora species (Sphaerolobium parviflora) on the eastern boundary of the site. Accordingly, the Structure Plan is considered consistent with the intent of the Local Planning Strategy and LPS4 in identifying and conserving the most valuable bushland.

It is acknowledged that clearing of some non-wetland native vegetation will be required in order to create necessary infrastructure such as roads and fences to accommodate dwellings and for fire protection measures. This is considered a balanced planning outcome for the site given:

· it is proposed to limit clearing wherever possible and practical;

· generous rural residential lots are proposed (2 – 5 hectares) with an average lot size of around 3.16 hectares in the vegetated area, with clearing limited where possible and practical to accommodate a dwelling and outbuilding on each lot along with necessary fire management controls (including Building Protection Zones, Hazard Separation Zones and firebreaks). Attachment 9 shows that the majority of the native vegetation will be conserved following proposed subdivision/development;

· the Ekologica investigation revealed that vegetation on the subject land is typical of that in the Northcliffe area and which is well represented in the DEC estate;

· the context of a significant amount of DEC and State Government managed land in the Northcliffe locality and throughout the Shire of Manjimup (approximately 85%);

· the vegetated area on Lots 10280 and Lot 10281 is essentially an “island” which will be surrounded by rural residential and rural small holding subdivision/development along with major roads and a railway line;

· the need to address connectivity in the rural living precinct between Datchet Road and the Northcliffe Private Estate for motorists, cyclists and pedestrians and to achieve appropriate fire protection;

· DEC’s preliminary advice (Attachment 8); and

· the Council seeks a balanced approach to sustainability with equal consideration of environmental, economic and social/community matters.

Conserving the wetland vegetation communities, the Priority 3 flora species plus conserving considerable other native vegetation will retain the area’s “sense of place”.

5.5 Water Management

Attachment 4 sets out the Local Water Management Strategy (LWMS) prepared by Richard Wittenoom & Associates, incorporating a geotechnical and hydrological assessment, for the site which has informed the Structure Plan design. The LWMS is intended to provide an overview of water resources at the site and present a recommended approach for total water cycle management, with an emphasis placed on water sensitive design.

Forty three test bores, to a maximum depth of approximately 1.2 metres, were carried out in July 2010 over representative areas of the site. In particular, there were 20 in the cleared area along the main road frontage, 8 test bores in the interior wet areas and 15 test bores in the timbered upland areas. The large number and widespread distribution of the bores provides sufficient confidence that there is an effective understanding of site conditions.

The geotechnical investigations reveal there are different soil types and depth to groundwater or clay based on geotechnical investigation. Most of the site is suitable for subdivision/development including on site effluent disposal and building construction. For instance, page 10 notes in the timbered upland areas that “Soils are loamy or gravelly soils passing to clay at about 1 metre. These areas present no particular problems for housing development at the scale anticipated with lot sizes of approximately 3 hectares”.

There are portions of the site that have development limitations. On the cleared land, there are two sections which have a high watertable and are expected to have drainage constraints if not addressed through appropriate measures. This includes reconstructing the swale near the boundary with the Pemberton-Northcliffe Road to a more effective configuration and realigning and cross sectioning with improved grades, raising house pads and appropriate wastewater disposal.

Page 14 of the LWMS states:

“To achieve the water quality objectives outlined in State Planning Policy 2.9 Water Resources and associated guidelines Better Urban Water Management, the following strategy provides a framework for stormwater management:

· adopting a water sensitive design that seeks to retain, treat and use water, to minimise runoff and to promote at source infiltration. Future subdivision/development is required to limit its stormwater discharge to its pre-existing condition;

· the planting of nutrient stripping vegetation, as appropriate, in the swales and around the main dam can be incorporated to promote bio-rention (the filtration of stormwater);

· roads are designed to run parallel to drainage lines where possible. Erosion controls may be needed in some areas;

· where appropriate minor (1 in 1 year) rainfall events are entirely contained and recharged on each lot through the use of rainwater tanks, soakwells and swales;

· more significant storm events (1 in 10 year) will be conveyed along roads and the stormwater system to downstream receiving waters; and

· filling for house pads will be required on some lots to increase heights above the adjacent road and provide required separation to groundwater.

The above strategy:

· will form the basis for preparing an Urban Water Management Plan at the subdivision stage;

· should ensure that water quality and quantity are appropriate addressed which minimises the potential impact of rural residential subdivision/development on downstream infrastructure and receiving waters;

· will assist to mitigate the impact of waterlogging;

· should ensure that peak discharge from the subdivision/development will not exceed the peak discharge prior to development; and

· should create minimal stormwater management implications given the large lot sizes, small percentage of area for impervious surfaces, the proposal to retain vegetation wherever possible and practical and the opportunity to revegetate where appropriate.”

The LWMS concludes that:

“the site is capable of supporting rural residential subdivision/development (in respect to on site effluent disposal and building construction) and is able to achieve appropriate water management outcomes, addressing water quantity and water quality.” (page 3).

“There appear to be no major impediments to the proposed development provided sensitive design is carried out during the subdivision process. Accordingly, it is concluded that the site is capable of supporting rural residential subdivision/development (in respect to on site effluent disposal and building construction) and is able to achieve appropriate water management outcomes, addressing water quantity and water quality.

The physical topography lends itself to flood management and nutrient management.

The subdivision can be planned and developed in a way that permits conservation of environmental values and provides areas for nutrient management without the need for the Local Government to accept responsibility for the ongoing maintenance of public open space.

Physical modification of a small number of lots will be required to provide satisfactory pads for housing, outbuildings and effluent disposal. This should be designed for each affected lot at time of subdivision based on sound engineering principles and to the requirements of the Local Government.” (page 18)

The LWMS was accepted by the Shire in 2011.

A Special Provision requires the preparation of an Urban Water Management Plan as a condition of subdivision.

Details relating to effluent disposal are provided in section 5.14.5.

5.6 Acid Sulfate Soils

Richard Wittenoom & Associates state the following in section 2.5 of the LWMS:

“The site is exposed to “low to moderate risk” of encountering Acid Sulphate Soils as defined under the Western Australian Planning Commission’s Planning Bulletin No 64. Under 2009 revisions to the Planning Bulletin, further evaluation will only be required for areas identified under the Department of Environment and Conservation’s mapping for areas shown as “moderate to high risk” of encountering Acid Sulphate Soils. Given the classification of the land as “low to moderate”, no further action is required in this regard at the scheme amendment stage.”

5.7 Soil Classification for Buildings to AS 2870

Following extensive geotechnical investigations, Richard Wittenoom & Associates provide details in Attachment 7 on soil classification. Page 8 in part states:

“Site conditions where buildings are likely include:

· gravel merging to clay

· loam or loamy clay merging to clay

· deep sand

· sand merging to clay

Inspection of the clay subsoil in the various test pits shows a medium clay considered to have the following properties:

Plasticity Index: 30 – 40%

Linear Shrinkage: 5% to 10%

This is equivalent to a Class “M” to AS 2870.

It is recommended that this classification be applied to the site as a whole with variations (e.g. in the case of deeper sand or high water table to be determined on an individual lot basis at building permit application).”

5.8 Fire Management

Attachment 5 sets out the Fire Management Plan (FMP) prepared by FirePlan WA. The aim of the FMP is to reduce the threat to residents and fire fighters in the event of a fire within or near the development. The FMP has been prepared in accordance with Acceptable Solutions detailed in Planning for Bush Fire Protection Guidelines (edition 2 2010).

The FMP (page 20) concludes “The design of this development and the facilities constructed at the time of development are such that with implementation of this Fire Management Plan, fire threat to persons and property within the subdivision is significantly reduced.” FirePlan WA has completed the compliance checklist for performance criteria and acceptable solutions set in the “Planning for Bushfire Protection” Guidelines. The Shire in 2011 accepted the FMP.

The bush fire hazard assessment reveals the site contains areas of low, moderate and extreme bush fire hazards.

The FMP in part states:

“Although the site has a bush fire hazard rating as “moderate and extreme”, this is offset by the implementation of Building Protection Zones (BPZ), Hazard Separation Zone (HSZ) and an increase Construction Standards of Buildings in accordance with AS 3959-2009.”

“Reduction of bush fire fuels will be required to be carried out in the BPZ and HSZ by the developer as a condition of subdivision. It is essential that BPZ and HSZ areas comply with Bushfire Attack Level BAL – 12.5 to keep the dwelling construction costs down while at the same time providing an acceptable level of bush fire protection. This complies with Performance Criteria P4 by complying with A 4.3, A4.4 and building construction to AS 3959-2009.

Landowners will be responsible for maintaining Building Protection Zones, Hazard Separation Zones and bush fire fuels to the required standard in perpetuity.” (page 10)

Based on the FMP, fire risk can be lowered on the site through measures such as:

· alternative escape routes. There are linkages into future developments to the north and south, a link to the Pemberton-Northcliffe railway reserve as well as strategic fire breaks on the northern, eastern and southern boundaries of the site;

· provision of a loop road on the site;

· construction of Fire Service Access/Emergency Access;

· construction of internal firebreaks;

· the subdivider to install a water supply tank for fire fighting;

· the dam provides opportunities for fire fighting water supply with associated easement;

· the subdivider is to modify fuel loadings on all lots within the subdivision so as to achieve the requirements of the Hazard Separation Zone prior to clearance of condition of subdivision and maintain the low fuel loading until all lots are sold;

· lodging a section 70A Notification on each Certificate of title proposed by this subdivision. The Notification shall alert purchasers of land and successors in Title of the responsibilities of this Fire Management Plan;

· supply a copy of this Fire Management Plan, “The Homeowners Bush Fire Survival Manual” and “Prepare, Act, Survive” to each property owner on sale of the allotment;

· future landowners to maintain internal firebreaks;

· maintain in good order and condition all property fencing and gates ensuring that vegetation does not encroach over the firebreak;

· implement and maintain Building Protection Zones;

· implement and maintain Hazard Separation Zones;

· install and maintain driveways;

· install domestic water supply with water that is available for fire fighting purposes;

· declared the site a “Bush Fire Prone Area”;

· ensure dwellings are designed and constructed to comply with AS 3959-2009;

· the Northcliffe townsite is serviced by the Northcliffe Town Volunteer Bushfire Brigade, based in a fire shed around 3 kilometre from the amendment site, where it is understood they have heavy duty and fast response vehicles that could readily service the proposed subdivision/development; and

· advising prospective purchasers of bushfire risk, their obligations and relevant publications addressing bush fire safety.

Accordingly, fire risks on the amendment site can be appropriately managed within acceptable limits. Fire management, for the proposed subdivision/development, will be appropriately designed and contain suitable infrastructure/facilities which will be compatible with adjoining land uses.

Scheme Amendment No. 1 to LPS4 (which includes adjoining Lot 10282) proposes to cede a lot to the Shire for the purposes of establishing a bush fire shed and emergency water supply.

5.9 Building Exclusion Areas

Building exclusion areas are shown on the Structure Plan which is designed to locate development in appropriate locations to conserve wetland remnant vegetation retention, achieve appropriate setbacks from watercourses/drainage lines and provide amenity to neighbouring properties.

Where proposed lots have minimal constraints through environmental assets, such as containing no remnant vegetation or no wetland vegetation, the building exclusion area is designed to provide appropriate flexibility to future landowners. In these cases, future landowners can site their dwelling and outbuilding/s to suit their personal needs and more detailed site specific constraints (such as retaining individual trees). While there is overall flexibility on siting a dwelling and outbuilding, the area to be cleared for the “building envelope” is limited to 2000m².

As provided for in clause 5.36.2.3(iv) of LPS4, the Structure Plan proposes to vary building setbacks from lot boundaries. Rather than the usual minimum standard of 20 metres from a road boundary in the Rural Residential Zone, the Structure Plans sets a minimum setback of 10 metres. The LPS4 minimum building setback from other boundaries is 10 metres, while the Structure Plan sets a minimum setback of 5 metres.

For lots containing greater environmental assets, the building exclusion area avoids wetland remnant vegetation.

While there is a need for more detailed technical investigations and planning, it is suggested that all proposed lots have sufficient and suitable areas to locate a future dwelling, outbuilding and an effluent disposal system.

5.10 Compatibility with Adjoining and Nearby Land Uses

The proposed rural residential use is considered to be compatible with adjoining and nearby land uses/development given they are predominantly rural residential and rural smallholding uses. Surrounding land uses are predominantly rural residential to the site’s north and south (nearby and proposed), rural small holdings to the west along with areas designated as Rural Residential in the Local Planning Strategy to the east. It is suggested the main consideration is the compatibility of future dwellings on the amendment site with a feedlot to the north west of Lots 10280 and 10281.

A Compatible Land Use Area is identified in the Local Planning Strategy (2003) for land near the Pemberton-Northcliffe Road. The land opposite the amendment site, west of Pemberton-Northcliffe Road, is now zoned “Rural Smallholding”. This land is predominantly used for rural living purposes and low-key agricultural activities. Accordingly, it is considered there are minimal land use impacts in this instance at the interface between essentially hobby farms and rural residential development.

A feedlot is located on Lot 8673 Pemberton-Northcliffe Road, Crowea to the north-west of the amendment site. The feedlot gained conditional planning approval from the Council in December 2004 which included various conditions including:

1. “The feedlot is to have no more than 500 cattle at any one time.”

5. “The feedlot must not cause injury to, or prejudicially affect, the amenity of the subject locality by reason of (or the appearance or emission of) noise, odour, dust, waste water, waste products or other pollutants.”

Advice note (i) stated:

“In relation to Condition 5, should the activity create genuine off-site impacts in the view of Council, then Council reserves the right to reconsider the suitability of the development on this site. If Council considers there have been breaches of this or other conditions, then this approval may be withdrawn.”

It is acknowledged that feedlots, if inappropriately managed, can create odour and dust impacts in addition to noise and visual impacts. The proposed rural residential subdivision/development on Lots 10280 and 10281 is however considered compatible with the feedlot for reasons including:

· the feedlot is north-west of amendment site. Prevailing winds in the Northcliffe locality are not from the north-west. Instead, prevailing winds are from the south-west and south which ensure that any odours and dust from the feedlot are away from the amendment site;

· the amendment site is upstream from the feedlot;

· the feedlot is located approximately 1200 metres from the nearest proposed dwelling on the amendment site, with most future dwellings at least 1500 metres with some over 2500 metres from the feedlot;

· 21 rural residential lots, most with dwellings, are located in the Sparsa Close estate. The Sparsa Close estate is closer to the feedlot than the amendment site;

· consistency with Guidelines For The Environmental Management Of Beef Cattle Feedlots in Western Australia. These guidelines were produced in July 2002 by the Department of Agriculture, the then Department of Environmental Protection and the then Water and Rivers Commission. They set out a number of requirements including:

- a “small feedlot is under 500 head or under 50 head per hectare (the current planning application meets this requirement);

- recommended minimum setbacks between the feedlot and neighbouring residences is 1000 metres, from property boundaries is 50 metres and to the banks of permanent streams/rivers is 100 metres; and

- a number of best management guidelines;

· consistency with EPA Guidance Statement No. 3 Separation Distances between Industrial and Sensitive Land Uses, and EPA Guidance Statement No. 33 - Environmental Guidance for Planning and Development. The guidelines recommend a generic buffer distance of 1000 – 2000 metres between an animal feedlot and “sensitive” uses (e.g. dwellings). The guidelines acknowledge the more detailed Code of Practice/environmental requirements set out in the Cattle Feedlot Guidelines 2003 (Guidelines For The Environmental Management Of Beef Cattle Feedlots in Western Australia). Given the feedlot is limited to 500 cattle and is classified as a “small feedlot”; the recommended minimum buffer is 1000 metres. The Structure Plan proposes a buffer of over 1200 metres;

· the feedlot operator has an obligation to suitably manage their operation and control their impacts on their own property as required by the planning conditions and the Code of Practice;

· if required, at the subdivision stage, a condition can be included that advises prospective purchasers in writing of the feedlot. Alternatively, lots could contain a notification on the Certificate of Title advising of the feedlot; and

· the Special Provisions introduce a requirement for a planted buffer and revegetation area adjacent to the Pemberton-Northcliffe Road.

5.11 Not Priority Agricultural Land

As set out in the planning framework (section 3), the site is not Priority Agriculture land nor is ever likely to be used for genuine agriculture given the small area of cleared land, that it adjoins an existing Rural Residential Zone (to the north), will adjoin a site currently being rezoned to Rural Residential (south), is opposite a Rural Smallholding Zone (west) and land to the east is classified as Rural Residential in the endorsed Local Planning Strategy.

5.12 Landscape Impact

Key landscape features of the amendment site include the forested backdrop, the large dam and the cleared areas adjacent to the Pemberton-Northcliffe Road. Pemberton-Northcliffe Road is a State road which is also an important tourist route.

Proposed development on Lots 10280 and 10281 can accommodate change and be managed to retain local landscape character when viewed from the Pemberton-Northcliffe Road given:

· most of the site (central and eastern sections) is discrete within its setting due to topography and remnant vegetation;

· most mature remnant vegetation will be retained within the Pemberton-Northcliffe Road reserve;

· a Special Provision requires a 10 metre wide vegetation buffer along the boundary of the Pemberton-Northcliffe Road. This will complement the existing vegetated corridor on the approach into Northcliffe;

· other than one new road from the amendment site accessing the Pemberton-Northcliffe Road, a Special Provision prevents direct vehicular access of lots to the Pemberton-Northcliffe Road. Accordingly, there are no other breaks in the retained remnant vegetation and the required replanting buffer;

· the large lot sizes;

· LPS4 provisions only permit one house on each lot. This is considered appropriate in the context of spaciousness, privacy and minimising visual intrusion in the landscape; and

· the lot sizes and orientation of future dwellings backing onto the Pemberton-Northcliffe are consistent with adjoining and nearby development.

It is also expected that road reserves will be planted with native street trees or other trees approved by the Shire.

5.13 Opportunities for Cycling and Walking

The site’s location and Structure Plan design provide opportunities for cycling and walking. The south-eastern section of the amendment site is approximately 3 kilometres from the Northcliffe townsite via the railway reserve. As outlined in section 2.3, the railway has not been used for a number of years. Accordingly, the railway reserve offers opportunities for safe and convenient cycling and walking for future residents on Lots 10280 and 10281, as well as adjoining and surrounding land. It is suggested that the railway reserve offers a safer option for residents to access Northcliffe than adjacent to the Pemberton-Northcliffe Road.

The Structure Plan provides a loop road which offers walking and cycling opportunities given the low traffic numbers and expected low design speed.

In addition to opportunities within the amendment site and immediate area, the Northcliffe district offers a range of cycling and walking opportunities.

5.14 Proposed Servicing

5.14.1 Overview

The proposed rural residential lots will be appropriately serviced, for low density rural living, in accordance with Shire, WAPC and other government agency requirements as follows.

5.14.2 Roads

The Structure Plan proposes:

· one new road, jointly serving Lots 10280 and 10281 onto Pemberton-Northcliffe Road;

· two road connections to the south of the amendment site (to Lot 10282);

· a road connection to the north (to Lot 10279); and

· a loop road contained within a 20 metre wide road reserve.

Lots 10280 and 10281 will be jointly serviced by one subdivision road to the Pemberton-Northcliffe Road which minimises vehicular access onto a road managed by Main Roads Western Australia (MRWA). While the exact location of the intersection will be determined at the subdivision stage, a new road can be located near the boundary of Lots 10280 and 10281 which provide appropriate vehicular sight distances to the satisfaction of the Shire and Main Roads Western Australia.

A Special Provision limits direct vehicular access between proposed lots and the Pemberton-Northcliffe Road which will assist in facilitating safety for road users. A caveat will be placed on the titles to restrict access to Pemberton-Northcliffe Road.

All proposed lots will be provided with appropriate legal and practical vehicular access through the provision of sealed and drained road to Shire requirements.

There will be a refinement of the road alignment at the subdivision stage and through detailed design. All new roads will be sealed and drained to Shire standards. Overall, the roads can be aligned on gentle gradients.

5.14.3 Stormwater Management

Details are provided in section 5.5 and Attachment 4 which outlines how stormwater will be addressed. In summary, the LWMS:

· will assist to mitigate the impact of water logging;

· should ensure that peak discharge from the subdivision/development will not exceed the peak discharge prior to development;

· will form the basis for preparing an Urban Water Management Plan at the subdivision stage.

The Structure Plan design and its road layout are based on the LWMS and account for the site’s topography and drainage.

5.14.4 Potable Water Supply

Reticulated water is not available in the Crowea locality. The closest reticulated water supply is provided at the Northcliffe townsite. On site potable water supply via roof collection and rainwater tanks, supplemented where approved via bores is considered appropriate for reasons including:

· the site is distant from the reticulated water system;

· existing properties outside of the Northcliffe townsite are serviced by on site supplies;

· the site is not located within a current Water Corporation license area. In areas outside of license areas, Water Corporation must recover head works cost on a full service cost arrangement. Given the distance of 3 kilometres and need for associated infrastructure improvements, it is not economically viable to supply reticulated water to the future rural residential lots;

· it is considered unnecessary to supply reticulated water given household water tanks can appropriately handle this function;

· it is a more effective, efficient and equitable use of existing infrastructure to focus the provision of reticulated water to the Northcliffe townsite; and

· the Northcliffe locality exceeds 550mm of rainfall per annum which complies with the recently released draft DC Policy 3.4.

The proposed subdivision/development will be serviced by on site potable water supply via roof collection to rainwater tanks. Accounting for annual rainfall in Northcliffe, it is recommended that each dwelling provide a rain water tank which is a minimum of 135,000 litres which is supplied by a minimum roof catchment of 150m². Given the high and overall reliable rainfall in Northcliffe, achieving on-site potable water provision can be readily achieved.

Subject to gaining necessary approvals, bores are available for non-potable or possibly potable water use.

5.14.5 Effluent Disposal

Connection to reticulated sewerage is not considered warranted or feasible given reticulated sewerage is distant from the subject land, the lots large in size exceeding State Government guidelines and soil types are generally conducive for on-site effluent disposal (outlined below). Instead, future development will be serviced by on-site effluent disposal to the Shire and Department of Health standards.

Based on mapping undertaken by Land Assessment Pty Ltd, which is set out in section 2.5, the site has a “B” and “A1” land capability assessment rating for rural residential (septic tanks). The Wellington-Blackwood Land Resources Survey (1996) showed that typical loam/clay soils of that area had Phosphorous Retention Index (PRI) values of between 720 and 1000 mg/L. The indication was that where soil has a proportion of clay the PRI will be adequate for phosphorous retention.

The broad scale soil landscape mapping requires site specific confirmation. This was undertaken by Richard Wittenoom & Associate through detailed geotechnical investigations (Attachment 4) that incorporated 41 test pits throughout the amendment site. Based on these investigations, there is only a small area of the site with deep sandy soil where appropriate PRI values may not be achieved.

The majority of the site contains soils that are conducive for on-site effluent disposal. Richard Wittenoom & Associates conclude their assessment as the capability of the site for on-site effluent disposal on page 16 of the LWMS:

“Based on geotechnical investigations, the site has appropriate capability to accommodate on site effluent disposal. However due to the variability of the site the method adopted will need to be agreed with the Local Government on a per lot basis at time of building approval.

As mentioned, portions of the cleared land have land capability limitations. These limitations have been encountered and readily managed on land that has been developed for rural residential lots within the Northcliffe locality. The measures that have been successfully used to manage the limitations include appropriate siting of building envelopes, house pads, alternative effluent disposal systems and lot sizes that suit the physical conditions.

There is a need for future on-site wastewater systems to be appropriately designed and located. While much of the site (timbered areas) could be accommodated by septic tank/leach drains, it may be necessary to use Alternative Treatment Systems (ATU) on the cleared land. There is also a need for appropriate clearance from groundwater levels and sufficient, appropriate setbacks from watercourses and drainage lines and unencumbered areas for the disposal of wastewater.”

The Structure Plan identifies various lots as requiring alternative treatment units (ATUs) for effluent disposal due to site conditions revealed in the geotechnical investigations. These lots are marked with “ATU” on the Structure Plan. A Special Provision includes a condition requiring lots marked as “ATU” to have a nutrient-stripping effluent treatment and disposal system installed at the development stage.

All future on-site effluent disposal systems on the subject land will be required to be appropriately located and designed. This includes appropriate clearance from groundwater levels and sufficient, appropriate setbacks from watercourses/drainage line and unencumbered areas for the disposal of wastewater. Any proposed Alternative Treatment System (ATU) is required to have been approved by the Department of Health.

5.14.6 Power and Telecommunications

All proposed lots on the amendment site will be serviced with underground power and required telecommunication infrastructure.

5.15 Lot 10279 Datchet Road

Lot 10279 Datchet Road, along with Lots 10280 and 10281, is within Development Investigation Area 3 of LPS4. At this stage, the owner of Lot 10279 has not expressed an interest in seeking to amend the zoning of Lot 10279 to Rural Residential. Accordingly, Lot 10279 is not included with this scheme amendment request.

It is highlighted that subject to environmental, planning and servicing investigations suitably addressing relevant matters, that Lot 10279 has the opportunity to also be suitable for rural residential subdivision/development. Finalisation of a scheme amendment and the subdivision of Lots 10280 and 10281 will not conflict with the future land use expectation for Lot 10279 given:

· Lot 10279 has direct access to Datchet Road;

· the Structure Plan provides a road connection from Lot 10280 to Lot 10279; and

· Lot 10279 can readily be subdivided and developed independently from Lots 10280 and 10281.

In addition to the above, subdivision/development on Lots 10280 and 10281 is expected to have minimum impacts on Datchet Road given:

· Lots 10280 and 10281, via a shared road reserve, will directly access Pemberton-Northcliffe Road. Having direct access to the constructed and sealed Pemberton-Northcliffe Road will not create direct pressure for the Shire to upgrade local roads including Datchet Road;

· subdivision/development of Lot 10279 may occur many years after subdivision/development of Lots 10280 and 10281. Accordingly, there may be no direct road access from Lot 10280 through Lot 10279 to Datchet Road for many years; and

· the vast majority of traffic from new lots on the amendment site are expected to head south on Pemberton-Northcliffe Road to Northcliffe or north towards Pemberton, Manjimup and other parts of the South West and not east along Datchet Road.

5.16 Regional Centres Development Plan (SuperTowns) Initiative

The Regional Centres Development Plan (SuperTowns) is a Royalties for Regions initiative to encourage regional communities in the southern half of the State to plan and prepare for the future, so they can take advantage of opportunities created by the anticipated growth in the Western Australian population. Western Australia's population is predicted to more than double over the next 30 to 40 years to 4.9 million people.

The SuperTowns vision is to have balanced communities, with lifestyle options and access to services. They will have affordable, quality housing and a diverse range of job opportunities. The towns will offer more choices for people to live in regional areas and an attractive alternative to living in the metropolitan area and will assist in relieving the urban sprawl in Perth. Nine regional towns have been identified in the SuperTowns initiative including Manjimup.

The objectives of the SuperTowns initiative are to:

· target sustainable regional economic development to stimulate diverse employment and investment opportunities;

· assist in managing the State's projected population expansion in key regional towns; and

· plan and invest in town development and growth within an integrated strategic planning and implementation framework.

While the SuperTowns initiative proposes sustained growth in Manjimup, there are a range of opportunities for surrounding townsites including Northcliffe. The Northcliffe townsite and adjoining rural residential areas, which include the amendment site, offer a complementary lifestyle to that provided in and around Manjimup. Accordingly, the proposal to amend the zoning and associated subdivision/development on Lots 10280 and 10281 are considered to be consistent with the SuperTown framework to encourage economic growth, investment and housing to assist in accommodating population growth on a strategically identified site for subdivision/development.

5.17 Land Supply

Lots 10280 and 10281 Pemberton-Northcliffe Road forms part of Northcliffe’s “development footprint” as established by the endorsed Local Planning Strategy, confirmed by LPS4 and demonstrated given the site is located between two existing rural residential estates.

Within the defined development footprint for townsite and rural living areas, set out in the Local Planning Strategy and LPS4, the local government will not seek to dictate land supply. The local government considers that within these areas that decisions on land supply are for the market to determine. This position is consistent with the Council resolution made on 28 August 2008 where it determined its submission on the draft South-West Framework. At this meeting, the Council resolution in part was:

“That Council:

1. Endorse the “Comments and recommended Shire of Manjimup position – response to the Western Australian Planning Commission” in Attachment 12.1.3(2).”

3. “Advise the Western Australian Planning Commission that it supports various principles of the draft South-West Framework, however it has concerns with various matters and requests that the final document suitably addresses the following:

a. population growth for towns and settlements within the Shire of Manjimup to better reflect land supply as set out in the endorsed Shire of Manjimup Local Planning Strategy and as generally set out in the Draft Shire of Manjimup Town Planning Scheme No. 4 and updated the settlement hierarchy table and map accordingly;

b. using land supply as a guide but not becoming fixated on staging land supply in the assessment of planning applications and planning studies, where sites are within development “footprints” as set out in Town Planning Schemes and/or endorsed Local Planning Strategies”.

In relation to resolution number 1, the Council’s endorsed position in Attachment 12.1.3(2) stated, in part, the following:

· “there is support to growing existing settlements and having defined development “footprints” for townsite and rural living areas (which is a key planning role that is undertaken by local government and the WAPC). Should developments be proposed outside of the defined footprints (set out in Town Planning Schemes and LPS), land supply is an important consideration and needs to be justified to the satisfaction of local government and the WAPC. However, where land is included in the defined footprint, it is not clear of the benefits of the WAPC effectively trying to regulate the land supply market and whether there are sufficient resources within the DPI to undertake this role in regional areas. It is suggested that for areas within the defined footprint, it is better for market forces to address land supply;

· the capacity of settlements should not be determined by a strict numeric value. Rather, numbers should be determined through the size of the development footprint, density and other planning controls;

· there are considerable risks in a government body dictating land supply including relating to housing and land affordability”.

5.18 Supporting the Local Community and Economy

Subdivision/development of the site will have various economic and community benefits including:

· supporting local employment through the construction of subdivision works and new dwellings;

· increasing population in Northcliffe adding to its overall viability, vitality and prosperity in accordance with the Local Planning Strategy;

· build onto an existing community with established facilities, services and infrastructure and assist to strengthen and sustain Northcliffe;

· strengthening the economies of Northcliffe and the district;

· providing greater choice for those wishing to buy lifestyle lots in the Shire of Manjimup;

· responding to the expectations of people presently and anticipated to live in Northcliffe;

· creating a variety of rural lifestyle opportunities in close proximity to the Northcliffe townsite; and

· increasing the Shire’s rate base.

5.19 Planning Justification

In summary, the planning justification for the requested scheme amendment is set out below:

· the proposal is consistent with the planning framework of wide-ranging planning policies, strategies, plans and LPS4;

· the proposal will provide for the orderly and efficient use of the land, in keeping with the intent of the Local Planning Strategy and WAPC Policy, that reflects site opportunities and constraints and in a manner that reflects available services;

· the site is close to the Northcliffe townsite thus complementing Northcliffe and developing close to an established settlement;

· the subject land is directly located only 3 kilometres north-west of the Northcliffe townsite. This provides convenient access to a range of facilities including for non-motorised transport options such as cycling;

· portions of the site have been previously cleared and developed and therefore contain limited environmental assets. Key environmental assets, in particular water resources and wetland vegetation, will be appropriately conserved;

· the site is capable of accommodating rural residential subdivision/development;

· proposed lots are suitable and capable for the intended use including achieving realistic building, effluent disposal and stormwater outcomes;

· the development can be appropriately serviced;

· the site is accessed via the constructed and sealed Pemberton-Northcliffe Road thereby not creating direct pressure for the Shire to upgrade local roads;

· fire protection measures can comply with the Planning for Bush Fire Protection Guidelines;

· the rural residential use is compatible with adjoining uses which are predominantly rural residential and rural smallholding;

· the majority of the site is discrete within its setting, remote from visually sensitive areas, while required replanting and other measures in the western section will retain local landscape character;

· it will result in no loss of priority agricultural land;

· the site is not subject to heritage constraints nor is it located in a public drinking water source area;

· the proposal will assist in enhancing Northcliffe’s capacity to increase its population, adding to its overall viability, vitality and prosperity, increasing the economic viability of existing services and adding to the range of services that can be provided;

· it will provide opportunities, in time, for an important supply of land offering a range of lifestyle choices close to the Northcliffe townsite;

· it supports Shire and State Government initiatives to encourage revitalisation, growth and development in regional towns e.g. SuperTowns and the BushChange Home Owners Grant;

· the development will provide for rural residential activities within an attractive locale and within close proximity to natural attractions; and

· subdivision and development will be effectively controlled through LPS4 provisions.

In view of the above, the scheme amendment request and associated Structure Plan are considered consistent with the planning framework and the principles of orderly and proper planning.

6. CONCLUSION

This report confirms that the scheme amendment request is consistent with the planning framework and Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe are considered to be both suitable and capable of accommodating rural residential subdivision/development.

A Structure Plan has been prepared to demonstrate how the land might be subdivided and developed following gazettal of this amendment.

It is evident that the site’s location and characteristics are suitable for the proposed Rural Residential zone. The resultant subdivision and development will suitably address environmental, planning, servicing and landscape considerations, along with ensuring the subdivision design is integrated and well connected with adjoining properties. LPS4 provisions that apply to the site will ensure that subdivision and development will be effectively controlled.

The support of the WAPC and the Hon. Minister for Planning is requested to approve the scheme amendment to rezone Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”.

PLANNING AND DEVELOPMENT ACT 2005

SHIRE OF MANJIMUP

LOCAL PLANNING SCHEME NO.4

AMENDMENT NO. 5

That the 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 Local Planning Scheme by:

1. Rezoning Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from “General Agriculture” to “Rural Residential”.

Area No. 31

Special Provisions

Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe

1. Subdivision and development is to be generally in accordance with the Structure Plan which formed part of Amendment No. 5 to the Scheme or a subsequent Structure Plan endorsed by the local government and the Commission in accordance with clause 6.4 of the Scheme.

2. The subdivider shall prepare and implement a Fire Management Plan to the satisfaction of the local government and the Fire and Emergency Services Authority prior to the creation of titles.

3. For the purposes of the Building Code of Australia, the amendment site is a designated bushfire-prone area. The provisions of AS3959-2009 apply and shall be read in conjunction with the recommendations of the Fire Management Plan to be prepared and implemented for the subject land.

4. The subdivider shall prepare an Urban Water Management Plan as a condition of subdivision and to the satisfaction of the local government.

5. Dwellings and outbuildings are not supported to be located in the “Building Exclusion Area” as shown on the Structure Plan made under Special Provision 1.

6. Suitable arrangements shall be made to the satisfaction of the local government requiring nutrient stripping alternative onsite effluent disposal systems to be placed on lots marked “ATU” as shown on the Structure Plan made under Special Provision 1.

7. A 10 metre wide vegetation buffer is to be planted along the boundary to Pemberton-Northcliffe Road to the satisfaction of the local government as a condition of subdivision.

8. Suitable arrangements shall be made to prevent direct vehicular access to lots abutting Pemberton-Northcliffe Road.

3. Removing Lots 10280 and 10281 Pemberton-Northcliffe Road, Crowea, Northcliffe from Development Investigation Area No. 3 as contained in Schedule 19 Development Investigation Area.

4. Amending the Scheme Maps accordingly.

PLANNING AND DEVELOPMENT ACT 2005 Shire of Manjimup LOCAL Planning Scheme No. 4 AMENDMENT No. 5
ADOPTION
Adopted by resolution of the Council of the Shire of Manjimup at the meeting of the Council held on _____________________________________
SHIRE PRESIDENT	Date
CHIEF EXECUTIVE OFFICER	Date
FINAL ADOPTION
Adopted by Resolution of the Shire of Manjimup at the meeting of the Council held on the _______________________________________, and pursuant to that Resolution was hereunto affixed by the authority of a resolution of the Council in the presence of:
SHIRE PRESIDENT	Date
CHIEF EXECUTIVE OFFICER	Date
RECOMMENDED/SUBMITTED FOR FINAL APPROVAL
DELEGATED UNDER S.16 OF THE PLANNING AND DEVELOPMENT ACT 2005	Date
FINAL APPROVAL GRANTED
MINISTER FOR PLANNING	Date

Contents

Section No.

Heading

Page No.

1

Introduction

4

2

Background

5

3

Planning Framework

7

4

Amendment Proposal

16

5

Planning Considerations and Planning Justification

18

6

Conclusion

39

Attachments

1

Certificates of Title

2

Location Plan

3

Spring Flora and Vegetation Survey

4

Local Water Management Strategy

5

Fire Management Plan

6

Structure Plan

7

Planning Issues

8

Department of Environment and Conservation advice

9

Clearing Plan in Response to Fire Management Control