Guide to Development and Subdivision within the Rural Residential

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Guide to
development and subdivision within the
Rural Residential Zone
What is the Rural Residential zone?
The objectives of the Rural Residential zone are to encourage development for the purpose of closer rural
settlement on land which is suitable for such a purpose, and is in reasonable proximity to existing town sites.
Development within the Rural Residential zone should maintain the rural character of the locality, maintain a
high level of residential amenity and the construction of buildings and structures, clearing, earthworks and
access roads is to have minimal disturbance on the landscape. For a full list of the objectives of the Rural
Residential zone please see Zone Objectives and Policies in the City’s Local Planning Scheme.
What is required when applying for Planning Approval and Subdivision in the Rural Residential
Zone?
For details on what is required when applying for Planning Approval in the Rural Residential zone please see
the General application planning information checklist located on the City’s website.
For the requirements, as well as the procedures, relating to applying to the Western Australian Planning
Commission for the subdivision of the Rural Residential zone please see the Subdivision Information Sheet.
Is there anything else I need to know?
Generally properties within the Rural Residential zone are also within the Landscape Value area. The
Landscape Value area is considered to have a high level of natural visual amenity and therefore development
will not be supported in the Landscape Value area that detracts from this amenity. If your property is within
the Landscape Value area additional development standards apply, these have been listed below.
Are there any other approvals I need from the City?
Prior to commencement of any building works an application for a building licence must be submitted to, and
approval granted by, the City’s Building Services. For details on what is required to be submitted along with
the building licence please contact the City on 9781 0444 and ask to speak with Building Services.
If the development is to be connected to a septic system then an Application for Septic system will need to
be submitted to and approved by the City’s Environmental Health Services. A building licence will not be
issued until this is approved. If you have any queries regarding this matter it is recommended you consult
with the City’s and ask to speak with Environmental Health Services.
What are the development standards that my application will be assessed against?
There are a number of polices and scheme provisions that your application will be assessed against, these
have been listed below:
Local Planning Scheme - Zone Objectives and Polices
Policies of the zone:
(a)
To encourage rural residential subdivision by permitting a range of lot sizes in conventional subdivision
subject to a general minimum lot size of 1 hectare with an average minimum lot size of approximately 2
hectares and providing greater flexibility for lots created within appropriate cluster subdivisions or by
strata title subdivision, dependent upon the special physical characteristics of the land;
(b)
To ensure the provision of road, electricity, postal and telephone services and, where appropriate and
practical, water services;
(c)
To ensure the provision of community facilities and emergency services in the vicinity of rural residential
developments;
(d)
To ensure that services, facilities and recreation areas are centrally located;
(e)
To encourage generally, and require specifically in rural residential subdivision, the provision of vegetation
and fauna corridors and the revegetation of the land;
(f)
To adequately protect any areas or sites of conservation value within the design of any development
(including subdivision);
(g)
To provide flexibility for the development of appropriately located and scaled tourist facilities consistent
with preservation of residential amenity;
(h)
To generally implement and adhere to the adopted recommendations and outcomes of the Shire of
Busselton Rural Strategy as endorsed by the WA Planning Commission;
(i)
To encourage hobby farming and small lot agriculture of a type that will not lead to land use conflicts
with rural residential and rural-retreat use of adjoining lands.
City’s Local Planning Scheme
The following provisions shall apply to all land within the Rural Residential zone in addition to any other
provisions which are generally applicable to such land under this Scheme:
(1)
Subdivision and development shall be generally in accordance with the Rural Strategy adopted by the
Council and the Western Australian Planning Commission for the district and, where applicable, the
Development Guide Plan approved and adopted by the Council and the Western Australian Planning
Commission.
(2)
Except in the case of expressly approved staged subdivision, no further subdivision of lots created
pursuant to Sub-Clause (1) will be permitted.
(3)
Where Clause 85(4) is not applicable and subdivision of lots are either:
(a)
not included within an approved Subdivision or Development Guide Plan; or
(b)
where no lot size is prescribed in the Rural Strategy adopted by Council and the Western Australian
Planning Commission; or
(c)
comprising re-subdivision of lots included within an approved Subdivision or Development Guide
Plan is proposed.
Council shall not recommend approval of such subdivision prior to approval by Council and the Western
Australian Planning Commission of a Development Guide Plan prepared consistent with Clause 25 of this
Scheme.
(4)
Notwithstanding the provisions of Clause 85(3), a Subdivision or Development Guide Plan may not be
required prior to rural residential subdivision and development subject to the consent of Council and the
Western Australian Planning Commission. Council and the Western Australian Planning Commission will
consider issues relevant to the subdivision and development of the land including; the scale of the
proposal, its consistency with the endorsed strategic plans which relate to the land, and the impacts on
the local community in making such a determination under this Clause.
(5)
Each lot shall be provided with legal and practical access. The Council will recommend to the
Western Australian Planning Commission that the subdivision be connected to a constructed and sealed
public road connected to the road system in the district.
(6)
(a)
(b)
(7)
(a)
(b)
Dwellings and outbuildings must be located within any building envelopes or in such other manner
that may be identified on the Development Guide Plan referred to in Sub-Clause (1) above;
Where a building envelope has not been specified, then all buildings must be contained within a
regular square or rectangular area of land no greater than 2,000m² or as otherwise required by an
adopted and endorsed Development Guide Plan.
Each dwelling shall be provided with a supply of potable water, either from a reticulated system, an
underground bore or a rainwater storage system with a minimum capacity of 135,000 litres to the
satisfaction of Council. Where the supply of potable water is by rainwater storage system only,
such rainwater storage system shall be directly connected to a suitable means of rainfall catchment
having an area of not less than 150mP2P;
All water tanks shall be fitted with couplings to the specification of the Bush Fires Board;
(8)
Each dwelling shall be provided with an effluent disposal system to the satisfaction of the Council and the
Health Department.
(9)
Where conventional and/or reticulated energy sources are to be used, then each dwelling shall be
connected to the power supply in the locality by means of underground cable.
(10) No development, clearing of vegetation or fencing is to occur within 30 metres of the centre line of any
creekline.
(11) In areas of remnant vegetation, fencing will be permitted only within and on the perimeter of a cleared
area.
(12) No dams or lakes shall be created in locations other than those that may be shown on the Development
Guide Plan.
(13) The height of any building shall not exceed the height as may be specified on the relevant Development
Guide Plan, or if the height has not been specified, shall not exceed 7.5 metres and in either case shall be
a measurement of the perpendicular distance from any point of the building to the natural ground level.
(14) An appropriate bush fire management plan will be submitted and implemented to the satisfaction of
Council and the Bush Fires Board.
(15) Unless specified otherwise on the Development Guide Plan, dwellings and outbuildings shall not be
located (a)
(b)
(c)
Within 100 metres of Caves Road, Commonage Road, Wildwood Road, Biddles Road or Hayes
Road;
Within 20 metres of any other road or a front or rear boundary;
Within 15 metres of a side boundary.
(16) Not more than one dwelling house may be constructed on any allotment. This provision shall not prevent
the Council from granting planning consent for the development of ancillary accommodation for the
exclusive use of family members, provided such is (a) integrated in terms of design, colours and materials;
(b) physically linked by form of roof cover to the single house, with the maximum separation not
exceeding 10m;
(c) contains not more than one bedroom;
(d) utilises shared laundry facilities; and
(e) does not exceed 60m² of floor area.
(17) No trees or substantial vegetation may be felled, removed or damaged except for (a)
clearing associated with approved development within the building envelope;
(b)
establishment of firebreaks as may be required by a Local Law or a notice issued by the Council or
Bush Fires Board;
(c)
establishment of driveways and fencelines in association with approved development;
(d)
removal of vegetation that is dead, dying or dangerous with the written approval of the Council.
(18) Where not specified on an approved Development Guide Plan, the keeping and rearing of stock is
prohibited on any lot less than 4 hectares in area, except for domestic purposes and, in such case, shall
not exceed one horse or one cow or two sheep. Stock may be permitted with the consent of Council on
allotments of larger than 4 hectares providing that this does not require removal of vegetation and that
stock numbers are maintained at levels in accordance with stocking rates to the satisfaction of
Agriculture WA.
(19) The keeping and rearing of any stock is prohibited on any lot less than 1 hectare.
(20) No lot of less than 4000mP2P in area shall be used for a purpose other than a single house, ancillary
buildings, recreation agriculture, home occupation, bed and breakfast establishment, public utility,
recreation area, and residential enterprise which uses shall only be undertaken consistent with the
requirements of the Scheme.
(21) Notwithstanding any other provision of this Scheme, the provisions of the “Agriculture” Zone shall apply
to all lots greater than 20 hectares within the “Rural Residential” Zone except for the use of “Intensive
Agriculture”.
(22) Notwithstanding any other provisions of this Scheme, “Intensive Agriculture” may be permitted within the
“Rural Residential” Zone only where such lots are greater than 20 hectares or are identified for rural or
primary production on an approved Subdivision or Development Guide Plan with such application being
subject to advertising procedures consistent with Clause 12 of the Scheme.
Local Planning Policy (LLP) No.3 Special Character Areas and Visual Management Policy – Reflective Building
Materials
Under the LLP No.3 ZINCALUME® (including any zinc or Zinc-Aluminium coated sheet or polished metal) is
actively discouraged within the Rural Residential zone. If your property is within the Landscape Value area
additional provisions regarding external building materials are applicable (see below).
Below are the development standards for Landscape Value areas. These provisions are only applicable for
properties within the Landscape Value area.
City’s Local Planning Scheme
The Scheme’s provisions relating to Landscape Value areas are found under Clause 27: Landscape Value
Area, which state;
1) No person shall on any land in a Landscape Value area clear any land without the written consent of
Council.
2) The Council shall not grant consent to the clearing of land or any other development on land identified on
the Scheme Maps as being within a Landscape Value area, unless it has considered –
a. Whether the development will be compatible with the maintenance and enhancement, as far as is
practicable
b. whether the development will materially affect any wildlife refuge, significant wetland, coastal
environment or any identified site containing Aboriginal archaeological relics;
c. disturbance to the natural environment, including –
i.
visual effects of clearing for development;
ii.
maintenance of rural character;
iii.
Habitat disturbance.
3) The Council shall not consent to the carrying out of development on land within the Landscape Value
area or on land on or near any ridgelines where, in the opinion of the Council, that development is likely
to substantially detract from the visual amenity of the area, having regard to the cumulative visual effect
of the development related to other development that may be anticipated in the locality and in the area
generally.
4) Before giving its consent to the erection of a building on land to which the Clause applies, the City shall
make an assessment as to whether it should impose conditions relating to –
a. the use of prescribed materials on the external surfaces of the building;
b. the number, type and location of existing trees and shrubs which are to be retained and the
extent of landscaping to be carried out on the site; and
c. the siting of the proposed building.
Local Planning Policy (LLP) No.3 Special Character Areas and Visual Management Policy – Reflective Building
Materials
Within the Landscape Value area reflective building materials will generally not be permitted. Reflective
building materials are defined as “building materials with the potential to create specular glare or visual
detraction of the scenic or landscape character of the Shire when in-situ and includes:
- ZINCALUME® (including any zinc or Zinc-Aluminium coated sheet or polished metal),
- Light and Very Light COLORBOND® materials as outlined Schedule 1 of the City’s LPP No.3 (shown
below),
- Stainless steel;
-
Copper (where sealed against oxidation);
Glazed terra cotta tiles (irrespective of colour);
High Gloss painted finishes with a light reflectance and/or chroma value exceeding 50%;
Large expanses of tinted or clear glass or Perspex (transparent and translucent acrylic).
On the following page is a list of COLORBOND® colours ranked by their solar absorbance and classified as
very light, light and dark. Within the Landscape Value area only colours classified as dark are permitted. If
you are not using COLORBOND® it is advised you check with the City for more information regarding
permissible colours.
Light and Very Light COLORBOND® colours as classified under Schedule 1 of the City’s Local Planning Policy
No.3 Special Character areas and visual management policy – Reflective building materials
Colour
Classic Cream™
Surfmist®
Paperbark®
Evening Haze®
Shale Grey™
Sandbank®
Dune®
Windspray®
Pale Eucalypt®
Bushland®
Headland®
Wilderness®
Jasper®
Manor Red®
Woodland Grey®
Loft®
Monument®
Ironstone®
Cottage Green®
Solar
Absorptance
0.31*
0.318*
0.421
0.427
0.433
0.455
0.466
0.584
0.597
0.619
0.632
0.651
0.682
0.688
0.706
0.711
0.732
0.743
0.746
Classification
VL
VL
L
L
L
L
L
D
D
D
D
D
D
D
D
D
D
D
D
Note: Prior to lodging your application for Planning Approval it is highly recommended that you discuss your proposal and
the relevant requirements with the City of Busselton’s Planning Services. Applications that contain insufficient
information may be refused or take longer to process.
**DISCLAIMER**
This information sheet is a guide only. Verification with original Local Laws, Acts, the City’s Local Planning Scheme, and other relevant
documents is recommended for detailed references. The City of Busselton accepts no responsibly for errors or omissions.
Created on 24/02//2012
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