Lot - Shire of Broome

Shire of Broome Aboriginal Community List
9/06/2008 3:12:51 PM
ID
COMMON NAME
BARD Bardi
BEAG Beagle Bay
BEL
Bells Point
BIDY
Bidyadanga
BILG
Bilgungurr
BILL
Billard
BINDRK Bindurrk
BOBI
Bobieding
BRU
Brunbrunganjal
BUDG Budgarjook
BULS
Bulgin
BUN
Buningbarr
BURK Burrguk
CARN Carnot Springs
CHIL
Chile Creek
COCK Cockatoo
DJAR
Djaradjung
DJAJ
Djarindjin
JIBIN
Djibbinj
JUGA
Djugaragyn
DJUL
Djulburr
IMBA
Embulgun
FRAZ
Frazier Downs
GNYMA Gnylmarung
GOOB Goobiny
GGIN
Goodalargin
GOOM Googar Goonyool
GOOLB Goolarabooloo
GOOL Goolarrgon
DING
Goombading
AGIN
Goombaragin
GOO
Goonjarlan
GUDU Gudumul
WEED Gullaweed
GULU Gulumonon
GUMB Gumbarmun
GURG Gurrbalgun
JABI
Jabir Jabir
JULG
Julgnunn
KALN
Kalyadayan
LA_D
La Djadarr Bay
LOMB Lombadina
NYUL
Loongabid
LOUM Loumard
MAUR Maddarr
VAL
Malaburra
MALL
Mallingbar
OTHER NAME
Ardyaloon
Beagle Bay Mission
Weedong
La Grange
Broome Airport Reserve
Bernards Well
Kitty Wells
Red Soil
Bulgun
Banana Wells
Jilirr
Djaraindjin
Jugarargyn
Imbalgun Aboriginal
Line 7
Goombaragin 2
Goolarabooloo Millibinyarri
Midaloon
Goo
Goolamionon
Gumbarnum
Pender Bay
Rock Hole
Kalyaydayan
La Djardarr Bay
Lombadina Mission
Lungabid
Good Enough Bay
Maher Family
Kennedy Hill
POPULATION
400
300
4
850
80
35
24
35
35
35
12
5
31
10
20
3
8
250
20
4
2
26
7
26
5
37
7
50
7
13
7
10
10
6
21
15
21
9
10
8
50
50
15
17
12
25
50
Shire of Broome Aboriginal Community List
9/06/2008 3:12:51 PM
ID
COMMON NAME
MERC Mercedes Cove
PEND Mia Maya
WUL
Middle Lagoon
MILA
Millargoon
MON
Monbon
MORA Morard
MORR Morrell Park
JARR
Mudjarrl
MUDN Mudnunn
MULB Mullibidee
MUNU Mundud
MUNG Munget
MURP Murphy Creek
NEEM Neem
NGADA Ngadalargin
NUMA Ngamakoon
NGLN Ngarlan
YALE
Ngarlan Burr
NILA
Nilargoon
NILL
Nillir Irbanjin
NIL
Nillygan
NORMC Norman Creek
NUDU Nudugun
NUNJU Nunju Yallet
NYGA Nygah Nygah
NYMW Nyumwah
RARR Rarrdjali
REDS Red Shells
ROLL
Rollah
TAPPE Tappers Inlet
WANA Wanamulnyndong
WHUL Whulich
WULU Wulununjur
YAND Yandarinya
YARA
Yardoogarra
YAWU Yawuru
OTHER NAME
Mayi Mia
Midlagoon
Mon
Moord
Munro Springs
Red Bluff
Midlagoon
Yallet
Sunday Island
1 Mile
Shonelle Point
Nymwah
Mijilmil - Mia
Valentine Island
Garimba
POPULATION
5
20
8
23
28
24
97
6
14
9
12
8
4
11
55
60
13
20
2
78
7
7
67
9
2
6
10
6
1
11
40
3
20
17
5
6
122°0'0"E
123°0'0"E
500000
8200000
RES
30674
8100000
17°0'0"S
Buningbarr
Gullaweed
Bulgin
Goombading
Goolarrgon
Gumbarmun
Ngamakoon
Nilargoon
Gulumonon
RES
Bardi
Djarindjin
20927
Lombadina
Cone Bay
Mudnunn
Chile Creek
Nyumwah
Djulburr
Googar Goonyool
Djaradjung
Loumard
Mercedes Cove
Julgnunn
Red Shells
Millargoon
Goonjarlan
Goombaragin
Middle Lagoon
Gurrbalgun
Neem
Gudumul
Mia
Maya
Whulich
Bells Point
Tappers Inlet
Goodalargin
Embulgun Djugaragyn
Maddarr
Goobiny
Munget
Gnylmarung
Nillygan
Ngarlan Burr
La Djadarr Bay
Nunju Yallet
Cockatoo
Norman Creek
Murphy Creek
Billard
RES
Bindurrk
1012
RES
Ngadalargin
Beagle Bay
1834
Djibbinj Budgarjook
Ngarlan
Mudjarrl
Bobieding
Morard
Wulununjur
Malaburra
Mundud
Burrguk
Monbon
Loongabid
Nudugun
Carnot Springs
Djimung Nguda
RES Jabir Jabir
22615
Karmulinunga
Budulah
DERBY
8200000
400000
17°0'0"S
300000
8100000
121°0'0"E
200000
RES
21474
Burrinunga
Mowanjum
Bedunburra
Pandanus Park
Goolarabooloo
Morrell Park
DERBY-WEST
Rarrdjali
BRO O
M
KIMBERLEY
E RD
18°0'0"S
8000000
8000000
18°0'0"S
Yawuru
Bilgungurr
Nillir Irbanjin
BROOME Mallingbar
Yardoogarra
Nygah Nygah
Mowla Bluff
RES
11175
Rollah
Frazier Downs
Bidyadanga
Wanamulnyndong
Kalyadayan
BROOME
19°0'0"S
7900000
7900000
Brunbrunganjal
19°0'0"S
Yandarinya
7800000
20°0'0"S
20°0'0"S
7800000
Mullibidee
EAST
120°0'0"E
200000
300000
Broome
West
Kimberley
Karratha
Newman
East
Kimberley
Pilbara
Gascoyne /
Murchison
Goldfields
Geraldton
Metro /
Wheatbelt
Kalgoorlie
122°0'0"E
Legend
Kununurra
Perth
400000
121°0'0"E
Location Map
Aboriginal Community in Broome
Other Aboriginal Community
ALT / AAPA Land
Minor Road
Freehold
Albany
Aboriginal Communities
Shire of Broome
as at June 2008
Roads
Highway/Freeway
Reserve
500000
123°0'0"E
Towns
Shire of Broome
Main Road
Track
Based on information provided by and with
the permission of the Western Australian
Land Information Authority (2008).
Communities and ALT Estate data © DIA 2008
0
1:1,500,000
40
80
kilometres
UTM Projection: MGA Zone 51
Datum: GDA94
Southern
Drawn By: Tony Veale
PILBARA
© Department of Indigenous Affairs 2008
L:\IDMS\OPEN\arv\MXD Files\WKimberley\AbComs_Shire_Broome.mxd
A
irport R
eserve
Airport
Reserve
[BILGUNGURR]
Community Layout Plan
JJune
une 22004
004
prepared by the Department for Planning and Infrastructure
from the Kimberley Regional Office
Table of Contents
1
BACKGROUND ............................................................................................................... 1
1.1
Community Location and Ownership........................................................................ 1
1.2
Existing and Proposed population ............................................................................ 1
1.3
Town Planning & Policy Context .............................................................................. 3
1.4
Aim of the Layout Plan ............................................................................................. 3
1.5
Consultation.............................................................................................................. 3
1.6
Land Tenure and previous uses ............................................................................... 4
1.6.1
Tenure Implications ........................................................................................... 4
1.6.2
Legacy of Horticultural Leases .......................................................................... 4
1.6.3
Proposed Changes to Sub-Leases ................................................................... 4
1.6.4
Adjoining land.................................................................................................... 4
1.6.5
Living Areas....................................................................................................... 4
1.6.6
Development of the land ................................................................................... 4
1.7
Housing .................................................................................................................... 5
1.7.1
Design of Housing ............................................................................................. 5
1.7.2
Community Capacity to improve housing & services ........................................ 5
1.8
General Development Issues ................................................................................... 6
1.9
Essential services and infrastructure ........................................................................ 7
1.9.1
Water................................................................................................................. 7
1.9.2
Power ................................................................................................................ 8
1.9.3
Wastewater ..................................................................................................... 10
1.9.4
Roads and Drainage ....................................................................................... 10
1.9.5
Dust control ..................................................................................................... 11
1.9.6
Fire protection ................................................................................................. 11
1.10
Conclusion .......................................................................................................... 12
2 DESCRIPTION OF THE LAYOUT PLAN ...................................................................... 12
2.1
Planning concept and focus ................................................................................... 12
2.2
Proposed Land Uses .............................................................................................. 12
2.2.1
Family Use ...................................................................................................... 12
2.2.2
Privacy Buffers ................................................................................................ 12
2.2.3
Community Purpose........................................................................................ 13
2.2.4
Enterprise ........................................................................................................ 13
2.2.5
Buffers ............................................................................................................. 13
2.3
Roads and Access ways ........................................................................................ 20
2.4
Implementation of the Plan..................................................................................... 20
3 COMMUNITY LAYOUT PLAN PROVISIONS ............................................................... 22
3.1
About the Layout Plan ............................................................................................ 22
3.2
Development Approval Process ............................................................................. 22
3.3
Amending the Layout Plan ..................................................................................... 22
3.4
Housing .................................................................................................................. 22
3.5
Essential Services .................................................................................................. 23
3.6
Setbacks................................................................................................................. 23
3.7
Firebreaks............................................................................................................... 23
3.8
On-site Parking....................................................................................................... 23
3.9
Road Reserve and accessways ............................................................................. 23
3.10
Fencing ............................................................................................................... 25
1 BACKGROUND
1.1 COMMUNITY LOCATION AND OWNERSHIP
Airport Reserve or Bilgungurr community is located in the town of Broome, in the north-west
of Western Australia, and named due to its proximity to the Broome Airport [Attachment A].
The community was established in the early eighties, on Crown Reserve 11122 [Class C,
28.21ha], vested with the Aboriginal Lands Trust [ALT] for the ‘Use and benefit of Aboriginal
Inhabitants. The reserve is sub-leased to 17 separate families. [Attachment B]
The creation of family sub-leases has resulted in a high level of ownership of the land and
has significantly contributed to the community / families developing their living areas. With
the exception of Block 2, 10, and 11, respectively leased until July 2082, December 2088,
and March 2081, the remaining blocks [1, 3 – 9 and 12 –14] have 99-year leases that expire
in 2080. Lots areas vary between 1.6982 and 1.9074 hectares.
While each family makes decisions over their lease area, the Bilgungurr Community Council
oversees joint community affairs and development directions. The Bilgungurr Corporation
membership consists of one lessee for each lot.
The capacity of Airport Reserve to develop is influenced by Commonwealth, State and local
government regulations and policies. For example, funding applications have been denied
due to the land tenure situation, as the separate leases have been considered to represent
“private” land ownership.
Some cultural aspects of land development have been addressed in the area around Airport
Reserve, with the establishment of “Cultural corridors” in the Shire of Broome’s Town
Planning Scheme No. 4. The corridors combine the preservation of natural bush/ parkland
and culture. Two cultural corridors are located along the perimeter of the Airport Reserve
land.
It is important to recognize the significance of the family groups at Airport Reserve, not just
in terms of the sub-leases, but for establishing a living environment and management
system that progress community aspirations for improvements to essential services and
housing together with respecting each family’s aspirations.
1.2 EXISTING AND PROPOSED POPULATION
A survey was conducted with residents in 1999.
Lot 1 :
Lot 2 a:
Lot 2 b :
Lot 3:
Lot 4 :
Lot 5 :
Lot 6 :
Lot 7 :
Lot 8 :
Lot 9 a:
Lot 9 b :
Lot 10 :
Lot 11 :
Airport Reserve CLP
supported 14 people from 4 immediate families
supported 5 people from 1 family
supported 6 people from 1 family
no figures
no figures
supported 5 people
supported 8 people
supported 4 people from 2 families
supported 5 people
supported 6 people
no figures
5 people
1 person
Page 1
Lot 12 :
Lot 13 :
Lot 14 :
5 people
5 people
15 people
Total:
74 people plus Lots 3,4 & 9b [allow 15 people ] = 89 people
There is a desire for the population to grow as families grow and as infrastructure and as
housing stock allows for this.
Based on an average housing occupancy rate of 5 people per dwelling, Bilgungurr is
capable of supporting a population of 250-300 people. This is the ultimate capacity of
Bilgungurr, and is not likely to be reached in the next 10-15 years based on current
occupancy rates.
Airport Reserve CLP
Page 2
1.3 TOWN PLANNING & POLICY CONTEXT
Preparation of Community Layout Plans [CLPs] is undertaken in keeping with the Western
Australian Planning Commission’s Statement of Planning Policy No. 3.2 – Planning for
Aboriginal Communities. This policy provides a framework for the preparation of CLPs, and
sets out a process for plan preparation, and endorsement by the Community Council, local
government and Western Australian Planning Commission. The Shire of Broome’s Town
Planning Scheme No. 4 reflects SPP No. 3.2, and has specific clauses relating to Aboriginal
Communities. Bilgungurr is zoned ‘Settlement’ in the scheme.
1.4 AIM OF THE LAYOUT PLAN
The Airport Reserve Community Layout Plan is based on residents’ aspirations for the future
development of their land. It will assist Airport Reserve to:
• Reach an understanding between the lessees on developments and make consistent
and coherent decisions.
• Identify development issues and strategies for each lot and for the whole of Airport
Reserve land
• Organise the land in a manner that will preserve good neighbouring relationships &
privacy between adjoining lots, protection from adjoining developments, and optimise
land use [according to families/ lessees’ expectations & fulfilling regulations].
• Develop a plan that is manageable at a family and a community level.
• Assist the community to negotiate with relevant stakeholders for improvements.
1.5 CONSULTATION
In developing the Airport Reserve CLP, discussions and workshops have been undertaken
with:
• Each lessee or lessee representatives for matters that affect each lease area or lot,
[for instance organising the land to create new living areas for family & children,
locating services & drive ways on the lot, etc].
• The Bilgungurr Community Council for matters that are common to the whole of the
Airport Reserve land, eg, drainage, establishment of joint community facilities,
agreement on fire prevention measures, etc.
• Key stakeholders to seek and transfer information on development issues, fulfil
relevant regulations and to facilitate the endorsement of the plan by relevant parties
[eg, Shire of Broome, Department of Environment, FESA, Fire Brigade, Department
of Housing and Works, ALT etc.]
The planning project has established on going liaison mechanisms with the ALT, in its role
as the legal landowner, to ensure consistency between future land arrangements and
physical developments. This may also provide a basis for the proposed transfer of ALT land
to Aboriginal interests.
The draft CLP was circulated to the Shire of Broome planning, health and rangers sections
for comments and input in July 2003. Preliminary discussions were undertaken with the
rangers and Health inspector to discuss fire management aspects and housing density.
Meetings and discussions took place with the shire planner.
Airport Reserve CLP
Page 3
1.6 LAND TENURE AND PREVIOUS USES
1.6.1 Tenure Implications
Issues linked with the current land tenure system:
• The Airport Reserve community has not had access to state or federal funding mostly
due to the allocation of separate leases.
• Initially Power and water were provided to the edge of each lot along the road
reserve Djaigween road. This issue will be presented to the ALT and progressed in
relation to the forthcoming ALT land transfer.
• A moratorium [ imposed by ALT/ DIA] exists on further sub- division of Lots. Leasees
can be added to the Lot Tenure , but apply as tenants in common over the whole Lot
lease. IE: A sub block within the lease area cannot be seen as reflecting a lease
arrangement for that area.
1.6.2 Legacy of Horticultural Leases
Two-hectare leases were originally granted to each family for horticultural purposes. In the
course of development the community faced difficulties with the establishment of orchards
due to an increase in water salinity. Most of the original bores had to be abandoned. The
costs incurred with using scheme water supply to grow a garden meant most residents
could not run a viable an orchard. Termites were also a factor in achieving healthy fruiting
trees that gave a good yield.
The Department of Environment has a policy that restricts the establishment of new bores, to
protect water sources and adequately provide for future water needs.
As a direct consequence of the horticultural nature of the reserve leases, most of the living
areas present a large number of mango trees, fruit trees and garden areas which the
residents want to preserve for family use .
1.6.3 Proposed Changes to Sub-Leases
Through the planning process a number of issues were identified with the status of some
leases, where circumstances are either unclear, have not been updated to reflect new family
situations, or do not reflect family agreements for the granting of subleases to other family
members. This aspect is being developed collaboratively with the Department of Indigenous
Affairs / ALT who have undertaken to update the leases.
1.6.4 Adjoining land
Airport Reserve community is surrounded by a variety of land uses, including Unallocated
Crown Land, Broome Airport landholdings and Cultural Corridors located on two crown
reserve boundaries.
1.6.5 Living Areas
Some families prefer the use of the land solely for residential purposes, while other families
have established orchards, semi rural activities, storage and workshops, etc; activities that
they wish to continue and activities encouraged under 4.24.1.2 of TPS scheme 4 .
1.6.6 Development of the land
Circumstances
A characteristic of Airport Reserve land is the disparate level to which lease areas have
been developed. This situation seem to be the result of a combination of factors particularly:
• Variation in residents income
• Lack of funding opportunities - developments have been undertaken by the residents
/ landowner without access to the usual funding available to Aboriginal organisations
/ communities
• Insecurity of land tenure
Airport Reserve CLP
Page 4
•
Family issues and customary law
The plan recognises the difficulties encountered by the community with development, by
providing flexible systems and layouts to accommodate for the varying needs and
circumstances of each family
A key principle of the planning process was to ensure that activities proposed by residents
would not detrimentally affect the living environment of adjoining families. A general view of
Airport Reserve families is that if people reside on the land they are unlikely to create
nuisance. As such, land uses proposed on Airport Reserve do not present a risk of nuisance
to others.
A long-term approach lead the Bilgungurr Council to develop mechanisms to ensure
consistency over the whole of the reserve and to agree on suitable development and
community growth principles and preserve the life style residents currently enjoy.
Establishing an area for community facilities
Airport Reserve faces a shortage of land to establish joint facilities eg, community office, kids
playground, storage, etc.
The community has developed a number of buildings and facilities to service the entire
reserve population on some lease areas granted to individual families. While this has
provided a short-term solution, an additional area of land is required to establish operational
and suitable joint facilities. The preferred location is at the entrance of the reserve to ensure
direct access to the new facilities and to avoid traffic within the more “residential precinct”.
Refer to diagram.
The community would also like to establish enterprising on these lots to relocate workshop
activities away from housing and to provide opportunities to Airport residents to create
income and enterprises.
Discussion between relevant parties including the ALT, DPI, native title representatives and
the Shire of Broome is required to advance this aspect. Agencies support is also necessary.
The allocation of land to the Airport Reserve will be subject to clearance under the Native
Title Act 1993.
1.7 HOUSING
1.7.1 Design of Housing
There is a diverse range of residents and families at Airport Reserve, with each having a
particular concept or approach to housing and family interactions.
The community displays a mix of dwelling styles including the open / breezeways Broome
style houses, fully enclosed [air-conditioned buildings] and the single construction dwellings
and “bungalow style” housing with separate buildings for each function eg, cooking / eating,
living, meeting etc. Families who accommodate visitors prefer the later option.
Residents strongly emphasised the need to preserve flexibility in the type of housing
provided, again to accommodate the diverse lessees’ preferences.
1.7.2 Community Capacity to improve housing & services
Bank and financial institutions have refused private loans to Airport Reserve residents, as
the land is leased it cannot be held against a mortgage [uncertain tenure situation]. This,
combined with the lack of funding has significantly hindered the residents’ capacity to
Airport Reserve CLP
Page 5
develop the land, particularly to construct new dwellings or to upgrade existing houses in a
poor state. This issue was emphasised on numerous occasions by community members.
This aspect needs to be progressed with the support of agencies, as it is critical to ensure
the community achieves a reasonable living environment [to the standard available in the
town of Broome- this is a key aspect of the normalisation program]. Housing built in the
1980's is in need of upgrading. While residents would hope to obtain funding, people would
also like to access to standard loans available to the broader population. Inquiries in the
federal “First home owner grant” for the young families [children of the community founders]
who wants to establish their home, as well as negotiations with banks for standard loans
needs to be progressed.
To access funding for community facilities and housing it is advised that the Bilgungurr
Council establish a community “Housing Priority list “ considering key factors such as
income, resident age and specific needs etc.
Financial assistance may be available through other sources, including “The Homeswest
home acquisition programs”
1.8 GENERAL DEVELOPMENT ISSUES
Airport Reserve is working through the following development issues:
At a family level
Specific issues have been identified on some lots on Airport Reserve, for instance:
• Unsuitable width of driveways to access to the rear portion of the lot;
• Ad-hoc location of essential services and associated boundary issues; and
• Land and lease issues.
At a community level
• Difficulties encountered by some families with maintaining acceptable living
standards [eg, housing, essential services, roads, etc.] due mostly to the lack of
appropriate resources [Airport Reserve has not had access to State & federal funding
or private loans].
• Land is needed to establish joint community facilities eg, Community office & hall,
CDEP building, storage, kids playground etc.] And to relocate enterprising activities
outside the living area.
• Access to normalised essential services [eg, separate water & power meters for each
house / Currently all meters have to be located on Djaigween road, which makes the
cost of servicing the rear portions of the lot extremely high – and unaffordable to
most of the residents].
• Fire prevention & control issues.
• The long & thin shape of some lots limits developments, [High cost for service
extension, difficulties to organise the land, etc].
• Poor state of the internal community road [maintenance & dust, drainage issues,
speeding etc].
Airport Reserve CLP
Page 6
1.9 ESSENTIAL SERVICES AND INFRASTRUCTURE
1.9.1 Water
Water Supply
Airport Reserve is connected to the Broome town supply. Separate water meters have been
installed to each lot / lease area.
Families have until now paid for standard water rates and consumptions. Recently some
families have had problems with payment of bills. It seems that some bills did not reach the
lessees [incorrect address] and large amounts of overdue charges may exist. While the
Bilgungurr council aim to support residents in difficulties it is a general belief that bill issues
and private supplies are the responsibility of each lessee.
The Department of Environment indicate that the Airport Reserve land is not located on any
Public Drinking Water Source Protection Areas and that there are no wetlands on the
property.
Service Issue:
The community has not been able to access to separate water meters for each house
because the land is not subdivided.
Airport Reserve CLP
Page 7
1.9.2 Power
Synopsis of issues related to power
• New power connections and upgrading of
existing transformer
• Maintenance of power supply
• Unsuitable billing systems
• Multiple connections on a single lot
• The above in relation to a change in the land
tenure.
New power connections
The community has experienced difficulties with
connecting new dwellings to the power mains.
Initial discussions were held in March 1998 with
the Community Chairperson, Western Power and
the planner to progress power issues on Airport
Reserve and clarify:
• Whether or not the Existing 50 KVA
transformer is sufficient to service the existing
and future community consumption.
• The process community residents should
follow to connect additional facilities to power
mains. Refer to box 1 Process for new
connections.
The following was discussed:
• In order to determine the current consumption
at Airport Reserve, Western Power would
install a consumption measurement device on
the Transformer over a period of a week.
[Load check.]
• In the event that the existing transformer is
being used to its maximum capacity, Western
Power would upgrade the transformer to
service the community needs.
• These were undertaken and western power
was satisfied that loading on existing
transformer was satisfactory.
PROCESS FOR NEW POWER
CONNECTIONS
1.
To proceed with a new connection
Western Power requires the following
documents:
•
Application form to connect new
dwellings [Supplied by WP].
•
Community agreement to the new
connection.
The power lines as well as the Transformer
are “owned” by the Bilgungurr Corporation
Western power requested a form endorsed by
the community council specifying that the
Community allows residents to connect for
Western Power connection fee only.
2.
Electrician puts “Electrical Ticket" in.
Western Power will carry out connections to
the power meters. [At the edge of the lot]
The Lessee needs to contract with a private
electrician to organise connection from the
power box to the new dwelling including
installation of the power.
3.
Once the electrical works have been
finalised [electricity has been connected] the
lessee to ring Western Power to establish an
account.
COST
Approximate Western Power costs in 1998
•
$25 account establishment Fee; and
•
$230 connection [works from power lines
to meter box].
Other contractors' costs
•
Acquisition of the power meter
•
Costs to extend power from the meter
box to the building.
•
Cost for the building installation [if
required]
These costs vary in function of the works,
distance between the dwelling and the power
meters.
Maintenance
With regards to maintenance works, Western Power is responsible for the service to the
electrical meter on each block. The service from the power meter to the dwelling is the
responsibility of each Lessee.
Airport Reserve CLP
Page 8
Below: Diagrams showing issues and option for
future servicing of Airport reserve lots.
Living
3
Living
2
Separate ALT leases to each family
14
13
12
11
10
9
8
Water
Power
1
7
2
3
4
5
6
Living area
1
Land organisation
Buffer / services
SERVICE CORRIDORS
meter 3
Separate meter 2
All meters at the front/
Costs for services
1 single meter and people
have to share costs and
work through each bill
Future scenario for service
extension - proposed layout
Separate meter 1
Water
Power
Ideal scenario: Separate meters on each house
Airport Reserve CLP
Page 9
1.9.3 Wastewater
Bilgungurr is deemed to be in a sewered Townsite and as such, all efforts should be made to
connect the reserve to Town sewer mains under pending legislation to do with ‘Country
Sewerage Policy ‘. The Legislation is currently before Parliament for approval.
Under its proposed policy , a minimum block size of 1000 sq. meters is allowed in a Town
Site with sewered mains. It is presumed that connection will be made in the near term
future. We cannot predict which way the sewer will approach Bilgungurr from, but have
made provision for the sewer line within the road reserve and in compliance with “Utility
Providers – Code of Practice ‘ and the provisions contained within the document.Housing
density in relation to sewer
The Airport Reserve land is not sewered. Houses are equipped with septics and leach drain
systems. Each lot on Airport Reserve covers approximately 1.9 to 2 hectares [20,000 m²].
The plan has been developed on the basis that deep sewer would be desirable, however
development may still occur without connection.
Sewer is available at approximately 800 to 900 meters in Murray Street [Distance to
Djaigween road from the edge of the reserve excluding service extension within each lot]. A
preliminary engineering study would be advisable to confirm that the community sewer could
be connected to the Murray street sewer, and identify the type infrastructure required for its
operations.
Waste systems are critical in the preservation of a safe water source for the community.
State organisations and local government are taking a major role in the preservation of safe
drinking water. Regulations direct and control the density of developments on non sewered
properties.
Based on septic waste systems the Department of Environment recommended advice be
sought from the Health Department of Western Australia. The Health Department indicated
that housing density would vary dependant upon site conditions. Soils on the Airport
Reserve land are categorised “pindan -sand type” and fast draining.
As such, the plan has been developed on the basis of an average of 1 house per
approximately 1,000m². Two development sites proposed on Lot 14 are smaller than this
standard, and I think could be adjusted to reflect the 1000 sq. m. minimum.
1.9.4 Roads and Drainage
The community and the Shire of Broome share management of Djaigween Road. Bilgungurr
Council maintain the internal [community land] portion of road. The Department of Housing
and Works and the Shire of Broome have sealed Djaigween Road and both agencies
worked together towards funding for its construction. Following community agreement on the
gazettal of the road the Shire of Broome will consider taking on maintenance of the road.
This will significantly improve a number of development aspects including drainage,
maintenance, and will bring the community to a road standard equivalent to the Broome
township.
During the wet season the community experiences some problems with drainage particularly
at the intersection of the main community road and Djaigween Road . The Shire has worked
on this problem.
A number of drainage aspects were identified for each lot mostly limited to damages to
access/ driveways to some lots. Maintenance of driveways is considered a lessees’
Airport Reserve CLP
Page 10
responsibility. A note indicating that the access roads should be to a ‘ All weather gravel
standard ‘ has been added to the Layout Plan maps.
A drain for the end of Djaigween road has been proposed and individual lots maintain
drainage on site.
1.9.5 Dust control
A number of tenants raised the issue of dust from Djaigween Road. Landscaping on the
boundary and sealing of the road have improved this. Landscaping of the road reserve
should be undertaken carefully to avoid problems with the maintenance and flow of existing
drains and to avoid encumbrance to the future and current provision of essential services
mains.
1.9.6 Fire protection
The lack of jurisdiction of local governments on Crown land and the debate over the owner/
tenant responsibilities for fire prevention and control often results in unsuitable fire protection
on Aboriginal communities.
Fire issues were progressed with the support of the Shire of Broome and the Fire and
Emergency Services Authority. Fire prevention and control on Airport Reserve will assist the
community protect lives and assets.
Airport Reserve residents raised concerns about fire threat to the community from
surrounding land. The Bush Fires Act requires the establishment of 3 metre wide and high
firebreaks around certain rural lots, which applies to Airport Reserve. Airport Reserve
residents regularly maintain firebreaks around the perimeter of each lease area. Monitoring
and ongoing maintenance of firebreaks is undertaken through the Bilgungurr CDEP project
and individual lessees.
The local volunteer Fire Brigade provide assistance to Airport Reserve for fire control and
hydrants are located on Djaigween Road.
The aims of the plan in regard to fire prevention are to:
• Provide a basis for agreement between the community and relevant fire agencies on
suitable fire protection considering existing orchards and other plantations, living
activities proposed on the land, cost of firebreaks to the community, the organisation of
the whole of the land, and relevant regulation.
• Inform the community on liability aspects with fire propagation from one lot to another on
Airport Reserve and from the Airport Reserve land to adjoining land. Support community
agreements.
• Secure community access to standard fire agencies services
Firebreaks in relation to buffers/ services areas in the plan
The Broome Shire Ranger indicated there were no objections to creating buffer areas on the
perimeter of the family areas, as long as the buffers were maintained regularly. It was
agreed that the community, planner and ranger would together look at the draft layout to
locate where firebreaks should be maintained.
Driveways established along and within 10 meters of the boundary will make possible fire
vehicle access to each living area. On Lots 7, 8, 9, and 14, access should be located in a
manner that enables access to each area.
Airport Reserve CLP
Page 11
1.10 CONCLUSION
Beyond the technical aspects of the plan, there is a sense of pride and achievement and
respect for the entitlement of each family to develop their living area. The plan provides the
community and service providers with a tool to guide development, provide a basis for
negotiation, and allow for the establishment of community based mechanisms to achieve
families’ and community aspirations for the future development of the land.
2 DESCRIPTION OF THE LAYOUT PLAN
The Community Layout Plan and accompanying maps are shown as Attachments A & B
2.1 PLANNING CONCEPT AND FOCUS
A diverse range of people live at Airport Reserve, with each family having an individual
approach on family interactions and living, and on the physical organisation and use of their
sub-leases. Similarly, each lot has been developed to a different standard or level. Tenancy
& land arrangements have limited access to funding. However, Airport Reserve residents are
united in wanting to preserve the community unique character and identity.
The plan has strongly adhered to the community aspirations, in the way it has been
developed and in the framework it establishes for the future growth of the land.
The concept for Airport Reserve revolves around the following key principles:
1. PRIVACY - to ensure smooth inter family relationships and protection from adjoining
future developments.
2. FLEXIBILITY - to cater for each family and acknowledge the different pace at which
developments are expected to occur.
3. FORWARD PLANNING - to anticipate future changes, including possible subdivision
of the land, provision of sewer, etc.
The plan is orientated around the aspirations of each family and incorporates strategies for
well-being, good neighbouring relationships, and appropriate development to benefit the
community as a whole. It is structured around the continuation of family living activities and
developments and has incorporated historical development of the land particularly existing
horticultural / orchards.
2.2 PROPOSED LAND USES
2.2.1 Family Use
Includes housing, family meeting, semi-rural [horticulture /hobby farm],
storage/workshops, recreation, etc. The lease areas are allocated to private “family “
activities.
2.2.2 Privacy Buffers
Privacy is a key element of the plan. To secure private family areas, buffers are
proposed between each lot and with adjoining land. To optimise land use, buffers will
house essential-services, firebreaks, access-ways, horticulture, etc, depending on
lessees' aspirations. The buffers are designed to provide cost effective options for
the effective provision of services [eg, sewer] and to enable subdivision of the land in
the long term.
Airport Reserve CLP
Page 12
2.2.3 Community Purpose
To temporarily address the shortage of land for joint community use buildings and
land uses have been identified on the lease areas. [Community office on lot 1]
2.2.4 Enterprise
This includes areas to be used by the public or of a business nature. It includes
office, equipment storage/ workshop, accommodation, etc. These comprise existing
and future facilities.
The layout considers the current situation for each lot.
2.2.5 Buffers
Buffers for access ways, service corridors, firebreaks and landscaping have been
provided on the perimeter of each lots. The size of buffers varies from 7 to 12 metres
dependant on the type and location of activities and aim to cater for each situation.
These consider the location of existing orchards. In the future no buildings are to be
erected on these buffers.
Each lot includes a range of activities to service the needs of each individual family.
Services and access are located within the buffer to make optimum use of the land.
Where the sub-lease areas are compact [not long and thin] lot 7, 8, 9, 14 access and
services are located outside the buffer in the centre.
Airport Reserve CLP
Page 13
D
J
A
I
G
W
E
E
N
Lot A
R
d
Lot B
Existing
D
J
A
I
G
W
E
E
N
Proposed
R
d
Future entry
Family
living A
Family
living B
Future entry
Legend
Orchards/ horticulture
NOTE: THESE LAYOUTS ARE
PRESENTED AS AN EXAMPLE
ONLY
Office
Visitors/
accommodation
Housing
Buffer
Proposed Service area
Proposed Access road
Airport Reserve CLP
Page 14
Buffers are proposed around each lot [or lease area] for the following reasons:
•
•
•
•
Preserve privacy with neighbours and keep appropriate distances between houses.
Each lessee may want to establish additional buffers between living areas on the
same lot.
Preserve privacy from future developments outside of the Bilgungurr reserve,
particularly on the front that faces the Airport land in the process of subdivision.
Facilitate service extension to each lot and develop systems for service extension to
and within each lot [living areas], considering the long-term possibility of connecting
the community to sewer and potential subdivision of the land. Should the community
wish to connect to sewer, The Bilgungurr council will need to lodge in funding
submissions with relevant agencies – ATSIC, DHW.
Maximise land use avoiding service lines/ reticulation in disorderly locations, often
resulting in costly service extension to new houses and difficulties to develop the land
to a desired density.
2.2.5.1 Options and proportions
The proposed options have been designed considering service layouts [and
mainstream distances and locations], width of access ways, and needs for flexibility
to the Airport Reserve families. Distances can be adjusted to suit each family living
area.
Lessees will need to select an option appropriate to their needs. Family preferences
are shown on individual layouts. Buffers differ in the front and rear boundary and on
the side boundaries where access and services are located.
Service corridor. – Minimum
4 meters (Shown hatched)
Recommended between 4 and 5
meters
Airport Reserve CLP
Landscaping, walkway, others Minimum 4 meters (trees
shown)
Recommended between 3 and 5 meters
Drive ways - Minimum 3
meters
Recommended 4 meters.
Page 15
2.2.5.2 Buffers: Front and Rear boundaries
Definition - Rear and front boundaries are defined as the lot boundary abutting Djaigween
road and the directly opposite boundary abutting crown land surrounding the reserve.
2.2.5.3 Approach - These apply to all lots on the reserve.
Recommendation, Front and rear buffers:
>
Width of the buffer to suit each family living area however minimumwidth is
7 meters and recommended width is 8 metres.
>
Front buffer will act as visual barrier fromDjaigween road.
>
Front & Rear buffers will accommodate the firebreaks (3 metres wide)
>
Rear buffer will ensure appropriate distance is preserved from future
potential developments surrounding the Airport Reserve community.
Minimum7 m
Recommended
8 meters
Front boundary on DJAI GWEEN ROAD
2.2.5.4 Buffers: Side boundaries [for instance between lot 1 and 2]
Definition
Side boundaries are the boundaries that abut another Airport reserve lot eg, between lot 5
and 6 or in the situation of lot 1 and lot 14 the longest boundary that abuts portion of
Djaigween road or Crown land respectively.
Approach
Side boundary buffers might include access-ways, firebreaks, essential services and
landscaping / walkway areas or a combination of these items. The width of side boundaries
has been established considering the type of facilities they host. Particular emphasis is
placed on the location of driveways and essential services [eg, water, power, telecom and
later sewer].
Where neither the Access-way nor essential services are located on the side boundary
buffer, these should be approached like the rear or front boundaries buffer and will only
require a minimum of 7 meters setback. This applies particularly to lot 1 and 14 but might
also apply to other situations, eg, lot 7 whose access way is centrally located, lot 9 B to
counteract irregular proportions.
Two options are possible, either services or driveway are located on the same side of the lot
or they are located on two sides [access-way on one side, and services on the other side].
Airport Reserve CLP
Page 16
Guide for the location of services in the “Service corridors”
Based on State Town planning guidelines for the
location of services. Dimensions are shown in
millimetres. These are for guidance [additional
space has been allowed in the width of the service
corridor to ensure flexibility.
DIAGRAM: Long term option considering the
potential connection of Airport reserve to
town sewer. (Indicative only)
Lot A
Power
Telecom
DIAGRAM Service location in a 4 meter
service corridor- Applies to each lot
Sewer
Water
Power Telecom
1200
1000
1200
Lot B
Water
Water Power
Telecom
1000
1000
1000
Lessees should aim to align services and
optimise their location in service corridors.
1000
1200
1200
2000 sewer
Option 1: Services and driveway located on opposite sides of the lot
The layout above may be
mirrored to suit each family’s
needs. [The driveway/ buffer
and service area buffer may
be located on either side].
Whatever each family selects,
it is recommended to locate
the services on the boundary
to facilitate the establishment
of proper firebreaks. This is
particularly in consideration of
adjacent development
whereby abutting two service
reserves a larger more
manageable service area can
be created. Also it will
facilitate landscaping of the
buffer area.
Lot
Services
Airport Reserve CLP
Driveway
Page 17
Option 2: Services and driveway located on one side of the lot
Lot
These options could be
applied to lots characterised
by long and thin proportions
[eg lot 2,3,4,5,6,7,
10,11,12,13]. Some other
lots on Airport Reserve
present different proportions,
eg, more compacted.
Buffer
Driveway and Services
Two options available for the location of services and drive wayShown above and below
The buffers service areas
will in most of these
situations be addressed in a
different manner to facilitate
developments. In the
situation of lot 14 for
instance a minimum buffer is
recommended along the
perimeter of the lot and a
driveway service area in the
centre. This is the most
economical option.
Lo t
Services and Driveway
Airport Reserve CLP
Buffer
Page 18
Option 3: Services on two sides of the lot [driveway on one side]
Services shared on two sides with driveway on one side
Lot
Driveway and Services
Services
2.2.5.5 Landscaping
Landscaping can contribute to the creation of a pleasant environment. It is a significant
means of achieving privacy and separation.
The location of firebreaks will be discussed with the shire rangers to reach agreement on the
best option for the community consistent with state regulation.
Refer to the CLP for indication of firebreaks separating blocks as per Bush Fires Act 1954.
Firebreaks will aim to protect from the risk of fire form the airport reserve [Bilgungurr] land
and from the land surrounding the reserve. [Crown land and new airport subdivision]
Airport Reserve CLP
Page 19
Formula
Buffers
Width
Details
Recommendations
7 meters
Standard
Locate landscaping and fire
breakRepresent building setback
7 meters
Standard-
Locate landscaping and fire
break
Represent building setback
Front boundaries
2.2.5.5.1
Rear boundaries
Option 1-
Access and services along the Side boundaries
Option 1
Services & driveway on
opposite sides
Option 2
Services & driveway on
one side
7 meters minimum
on either side
Services and landscaping
11 meters on service
driveway side / 7 on
other side
Driveway and services
Option 3Services on 2 sides
[driveway on one side]
8 meters drive way
side
7 meters other side
2 options for the location of
driveway Refer to diagram
above
Represent building setback
Represent building setback
Central access with services along the side boundary
Side boundary
7 meters
Central access
11 meters
Services and landscaping
Represent building setback
Central access with services in the centre along the access way
Side boundary
7 meters
Central access
11 to 12 meters
As per rear and front
boundary
Landscaping recommended
Represent building setback
Note:
When the same lot has been subdivided / separated in a number of leases, a buffer of 3.5
meters on either side of the sub-boundaries between sub-lease areas on the same lot is
advised.
In the situation of Lot 9 B [June Latham] distances will need to be adjusted to reflect the
proportions of the existing allotment and allow development.
In the past some families have built within areas now set up as “buffers”. Developments and
land uses can continue [including upgrading of existing facilities and construction of
additions to existing buildings] until such time as the buildings will be demolished. This
recognises that building regulations allow smaller building set backs, and that families on
Airport reserve will develop at a different pace in function of incomes and private issues.
2.3 ROADS AND ACCESS WAYS
Djaigween Road has a 20m reserve, with 6m of tarmac. Access ways to individual lots
should be developed in accordance with Shire standards.
2.4 IMPLEMENTATION OF THE PLAN
The mechanism for implementing the Bilgungurr Community Layout Plan is the Shire of
Broome’s Town Planning Scheme No. 4. Bilgungurr Community is zoned 'Settlement' in the
Airport Reserve CLP
Page 20
scheme, and development in the community requires the approval of the Shire, in
accordance with Clause 4.24 of the scheme, which is listed as Attachment C.
Part 8 of the town planning scheme outlines what constitutes development under the
scheme, and when a planning approval is require from the Shire.
Airport Reserve CLP
Page 21
3 COMMUNITY LAYOUT PLAN PROVISIONS
3.1 ABOUT THE LAYOUT PLAN
3.1.1
The Layout Plan has been developed in consultation with the community and a
number of stakeholders, and has been endorsed by the Community Council, local
government and Western Australian Planning Commission [WAPC].
3.1.2
New buildings such as houses, health, education and recreation facilities, stores and
offices, workshops and industrial buildings and infrastructure facilities must be
located in accordance with the areas shown on the plan for these uses.
3.2 DEVELOPMENT APPROVAL PROCESS
3.2.1
Plans for development should be sent to the Community Council via the community
co-ordinator and/or Chairperson. The plan should show the lot where development is
proposed, and the siting of the building within that lot, as well as any other
information necessary to allow the Community Council to consider the plan.
3.2.2
If the community supports the proposal, confirmation of their support should then be
forwarded with details of the proposed development to the landowner seeking
development approval.
3.2.3
Once the landowner consents to the development, detailed plans can be lodged with
the local government for a planning approval and building license to be issued.
3.2.4
The Shire of Broome’s Town Planning Scheme No. 4 outlines the necessary
requirements for making development applications.
3.3 AMENDING THE LAYOUT PLAN
3.3.1
If a proposed development does not comply with the plan, it is possible to change, or
make an amendment, to the plan. To do this, the developer must give good reasons
for this variation, and have this approved by the Community Council and local
government. The developer must then notify the WAPC of this change, so that it can
be registered.
3.4 HOUSING
3.4.1
All new houses should be provided with fences.
3.4.2
Houses should not be constructed near essential services such as generators, fuel
storage areas, workshops and waste disposal areas.
Airport Reserve CLP
Page 22
3.5 ESSENTIAL SERVICES
3.4.3
Essential service infrastructure must follow established service corridor areas or be
constructed in road setback areas.
3.4.4
Essential service infrastructure must not be established in areas proposed for future
housing or community purposes.
3.6 SETBACKS
3.5.1
Front Boundary
Other than existing structures all frontage setbacks from Djaigween rd.
[ edge of road reserve ] and from access roads should be a minimum of 6 meters .
These setbacks can include Landscape buffers , but should set a minimum of
3 meters setback form the edge of the Landscape buffer.
3.5.2
Side Boundary
If Structures are built on sub – lots within same lease on sub lots indicated in CLP ],
A buffer of 10 metres min. should be maintained between structures . [ ie : 5 metre
setback to each block ]. This will maintain a firebreak and allow vehicle access to
back yards. A two meter Landscape buffer to each sub Lot [ along boundary ] within
this buffer is allowed.
3.7 FIREBREAKS
3.6.1
A 3.0 fire break around the Reserve [ ie : all 14 Lots and sub Lots ] is to be
maintained at all times in accordance with the Bush Fire Act [ 1954 ]. Djaigween
Road. Reserve is a part of the firebreak.
3.6.2
A 3 .0 meter [ min. ] firebreak is to be maintained between each original Lease Lot
and between the sub- lots within the original lease lots. Access roads and service
buffer widths [ and a combination width of ] , can be included as part of these
firebreak buffers .
3.8 ON-SITE PARKING
3.7.1
Buildings classified as non- residential, and designed for public access shall provide
car parking on site in accordance with Shire requirements
3.9 ROAD RESERVE AND ACCESSWAYS
3.8.1
Planting in road reserve should take care as to avoid services and future services as
indicated on CLP.
3.8.2
A pedestrian footpath should be constructed in the Djaigween Road.
3.8.3
Speed humps to control traffic speed should be considered in the road.
3.8.4
Crossovers should be constructed to Shire of Broome specifications
Airport Reserve CLP
Page 23
3.8.5
Access roads should be constructed to ‘ all weather gravel standard’.
Airport Reserve CLP
Page 24
3.10 FENCING
3.9.1
Fencing of whole reserve boundary should be the responsibility of the landowner.
3.9.2
Fencing on individual Lots is the responsibility of the lessee. When a resident wants
to erect a fence on a common boundary [between Lots and sub lots] they should
attempt to work out a cost sharing arrangement with the neighbour concerned, in
accordance with the Dividing Fences Act.
3.9.3
Fencing should attempt to be of a material that is durable. It should attempt to be
1.5m high maximum for residential lots, and 2.1m maximum for Enterprise lots. It
should let air through where possible.
Airport Reserve CLP
Page 25
Attachment A
Draft Community Layout Plan and Accompanying Maps
Community Layout Plan Status
N
Date of Plan
Endorsed WAPC
Review
SCALE 1 : 2 000
EP
EP
Landscaping Buffer
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Tra
T
Ac
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family purpose
19
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2674 m‘
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Servic
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Fire
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Land
Serv
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Lot 12
Housing
3353 m‘
17
Shed
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3363 m‘
ss
T
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Acce
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T
2731 m‘
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1868 m‘
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3312 m‘
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3310 m‘
Visitors / Horticulture
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1902 m‘
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3463 m‘
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L
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1391 m‘
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1934 m‘
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1968 m‘
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7042 m‘
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2731 m‘
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EP
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4104 m‘
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3915 m‘
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18
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1935 m‘
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4061 m‘
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Acce
2723 m‘
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2731 m‘
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3426 m‘
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2894 m‘
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3311 m‘
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2923 m‘
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Alternative use or special land use
land use of an enterprise
Land Use
nature (all other uses of
private or family nature)
building
Housing
4884 m‘
EP
s
water mains
Lot 13 C
s
Rural
(Hobby Farm)
Workshop
2470 m‘
2922 m‘
Housing
Lot 3
ce
Telstra Pit
s
Acce
Note: The location of access ways
is indicative only. (Refer to guidelines)
Housing
EP
ss
Acce
road
road reserve
rvi
T
drainage
access way
Se
TCM
2922 m‘
Housing
services corridor
s/
Shed
EP
2128 m‘
Office
sc
Land
T
es
Housing / Visitors
E.Pill
/A
Acce
uffe
ape B
ffe
r
Tank
Fire Hydrant
2922 m‘
Western
Australian
Planning
Commission
Housing
4441 m‘
cc
Lot 13 A
r
Buffe
k
Brea
Lot 13 B
Bu
uffer
L
Lot 2 B
ffer
GREAT SOUTHERN
SOUTH-WEST
17
ing B
cap
ands
e Bu
B
Telstra Pit
1890 m‘
1608 m‘
scap
Fire
N
E.Pill
Fir
Land
Housing
EP
E.Pill
WEE
DJAIG
ak
e Bre
recreation or land
use buffer
Ac
B
1892m‘
Housing
PERTH
PEEL
Index to Study Area
ss
2073 m‘
Lot 2 A
T
visitors accommodation
A
1643m‘
EP
Housing
Garden
maintenance workshop
and storage
Michelle
R Torres
Bus
Shelter
uffer
scap
Land
community purpose
Way
Servic
GOLDFIELDS-ESPERANCE
WHEATBELT
Alison G
Torres
F
1395 m‘
Housing
Christine A
Johnson
E
1000 m‘
Housing
May
Torres
D 1000 m‘
Housing
Aziz & Daphne
Bin Sulaiman
Bore
C
1225m‘
Housing
May
Torres
472m‘
cess
es Ac
2798m‘
Occupied Stn
Office
Telstra Pit
Family Purposes /
Workshop
ss
Acce
ices
Serv
18
cess
EP EP
E.Pill
T.Pill
Living Area 2
MID-WEST
k
E.Pill
T
7239 m‘
Lot 14
Housing
1749 m‘
Enterprise
(Workshop)
residential housing
Housing
1002 m‘
Housing
GASCOYNE
1. GDA Zone 51
M
B
Lot 1
1644m‘
1583m‘
1937m‘
2891m‘
ting
exis
Access
Living Area 3
T
T
Petris M
Torres
G
1355 m‘
Housing
a
re
Living Area 1
3600 m‘
19
Cornel J
Ozies
I
1174 m‘
Housing
Jeffrey A
Torres
J
PILBARA
Spatial Accuracy Statement
eB
Water Main 100 mm
UPVC Pipe - 300 mm deep
Cadastral Data supplied by Department of
Land Administration, Western Australia
CLP derived from Bilgungurr Draft Community
Layout Plan supplied by Halpern, Glick, Maunsell
Legend
Land use types
Community
Purposes / Office
423 m‘
20
Michelle
R Torres
K
Family
Enterprise
L
H
M
M
EP
Isaac N
Torres
H
19
KIMBERLEY
Fir
Produced by Project Mapping Section,
Planning Information - Mapping and Spatial,
Department for Planning and Infrastructure,
on behalf of the Western Australian Planning
Commission, Perth, W. A. October 2003
ntw-map7\plan_imp\state_other_regions\
papc\bilgungurr\CLP_bilgungurrA1_z51.dgn
Landscape Buffer
PSM 3
ROAD
DJAIGWEEN
Broome
GU
BIN
GE
Metres
Telstra Pit
rea
k
60
eB
40
GEOCENTRIC DATUM OF AUSTRALIA
Fir
20
17
0
Future Concrete Footpath (1.5m wide)
To be Upgraded to Optic Fibre Cable
Future Sewer mains
EP
August 2003
landscape
Lot 7
Planning for Aboriginal Communities
Bilgungurr community layout plan No.1
er
17
uff
eB
ap
Lot 8
Roebuck
Bay
Dra
in
Note: The location of the access from
the driveway is indicative only.
Lots 1 & 4 Draft Layout
Lots 2A, 3, 5, 6, 7, 9B, 10, 11, 12, 13 & 14 endorsed
Lots 2B, 8, 9A, - no layout to date
Note: All crossovers to be constructed to Council’s specifications.
All access roads into rear blocks shall be all weather gravel standard.
Fire Bre
ak
2123 m‘
Housing
sc
Re
fire (per Bush Fires Act 1954)
La
nd
cre
ati
on
Bu
access for services
OCEAN
Broome Airport
N
LEGEND
DRAFT COPY ONLY
Crown Reserve
D.P.I. Working Plan
CLP awaiting endorsement by WAPC
Vested Aboriginal
Land Trust WPL
Attachment B
Bilgungurr Locality Plan
Attachment C
Extract from Shire of Broome Town Planning Scheme No. 4
4.24
Settlement Zone
4.24.1 Aims and Objectives
4.24.1.1.
The aim of the zone is to provide a coordinated plan and development
for aboriginal and non aboriginal community living settlements and land.
4.24.1.2.
Council's objectives will therefore be to:
(a)
provide for a range of mixed land uses which may include
permanent and temporary residential accommodation, rural,
community uses, and administrative uses on one lot; and
(b)
allow home business activities and small scale business,
rural or light industry activities which assist to support the
community.
(c)
enable the preservation and management of areas of cultural
significance.
4.24.2 Site and Development Requirements
4.24.2.1.
Development and land use is not permitted unless a Community Layout
Plan has been approved for all or part of the site.
4.24.2.2.
The Council may relax the requirement for a Community Layout Plan,
prior to the issue of planning approval for a development, where the
Council considers the proposed development represents a minor
extension to an existing land use or building or minor additional land
uses or minor land use change.
4.24.2.3.
A development application is required for all development within the
zone in accordance with the provisions of this Scheme.
4.24.2.4.
Development requirements and land use shall be at the discretion of the
Council.
4.24.3 Community Layout Plan
4.24.3.1.
A Community Layout Plan shall include a report and plan which address
the following:
(a)
the current purpose and future intent of the community,
including community aspirations, religious, spiritual, heritage
and cultural aspects which may affect the planning of the
community;
(b)
the current
projection;
(c)
the overall area and location of each residential land parcel;
(d)
the location of existing and proposed camping areas, single
houses, shared residential accommodation buildings, visitor
accommodation;
(e)
the location of administration and community facilities and
communal car parking;
population
and
future
population
growth
(f)
the location of work areas and associated storage or light
industrial sheds, home businesses, rural pursuits;
(g)
the location of existing and proposed roads or vehicle access
layout within the site;
(h)
the staging of the development;
(i)
conservation of natural features, vegetation and aboriginal
heritage and cultural areas;
(j)
the location of any areas for open space, environmental
cultural corridors, pedestrian and cycle ways and recreation;
(k)
the existing and proposed water supply, sewerage provisions
and other services for the lot and individual land parcels
within the community; and
(l)
the existing and proposed drainage provisions for the lot and
individual and parcels.
4.24.3.2.
The Council may relax the requirement for the applicant to address any
of the above features of the Community Layout Plan in the interest of
protecting and acknowledging heritage, cultural and spiritual concerns
of the Community.
4.24.3.3.
The Council may require that the Community Layout Plan be advertised
for public comment for a minimum of 21 days, if
(a)
the affected community has not had sufficient opportunity to
comment on the plan; and/or
(b)
the Council considers that the plan affects adjoining or
surrounding land or the general public residing outside the
boundary of the Community Layout Plan.
4.24.3.4.
The Community Layout Plan will be referred to servicing authorities and
comments received prior to adoption of the Plan by the Council.
4.24.3.5.
The Community Layout Plan will be adopted by the Council when it is
satisfied that all relevant planning aspects have been addressed and
public advertising has been satisfactorily undertaken.
Minutes - Ordinary Meeting of Council 23 September 2003
9.2.2
Page 13
ENDORSEMENT OF SERVICE AGREEMENTS FOR PROVISION OF SERVICES TO
ABORIGINAL COMMUNITIES
LOCATION/ADDRESS:
APPLICANT:
FILE:
RESPONSIBLE OFFICER:
DISCLOSURE OF ANY INTEREST:
DATE OF REPORT:
Nil
Nil
ABL02
Manager Planning Services
Nil
9 September 2003
SUMMARY: Council entered into an agreement with communities on the Peninsula and
Bidyadanga and the relevant government agencies for the delivery of local government
services to Aboriginal communities.
The Service Agreements are reviewed annually and updated to reflect current needs. This
report deals with the review and recommends endorsement of the new amended
Agreements for the following 12 month period.
BACKGROUND
In July 1999 Council entered into an agreement with communities on the Peninsula and
Bidyadanga and the relevant government agencies for the delivery of local government
services to Aboriginal communities.
In June 2000 Council resolved to adopt service agreements to provide planning, building
and health services to these Aboriginal communities. The term of the agreements was
twelve months and these expired on the 30 June 2001.
In accordance with the provisions of the framework agreement, which is the overriding
agreement with Council and the other State agencies to facilitate the individual service
agreements to provide planning, building and health services, the agreements are to be
reviewed annually by a management committee.
The first review took place in August 2001 and was subsequently considered by Council on
the 1 September 2001 whereby it was resolved that:
“That Council sign and endorse the Planning, Building and Environmental Health
Service Agreements, for the provision of services to Aboriginal communities (as
attached) for the period 1st July 2001 to 30th June 2002”.
COMMENT
The second review of the framework agreement and the three separate service
agreements relating to planning, building and environmental health occurred on the 29
July 2003. The following documentation is attached:
Minutes from the management committee meeting held on the 29 July 2003.
Amended Framework Agreement.
Amended Service Agreements for the provision of Planning, Building and
Environmental Health services.
President: ………………………………………………………….. Date: …………………………………………..
Minutes - Ordinary Meeting of Council 23 September 2003
Page 14
In summary the following changes have been proposed to be made to the framework
agreement:
Initiate discussions with emerging communities to seek their views on being
included in the Agreement.
Amend ‘Management of Agreement’ to include DIA, ATSIS, ATSIC, Resource
Agencies, and DPI as parties to the Agreement.
Amend ‘Outcomes and Benefits’ to incorporate such things as land and water
management plans, cultural heritage plans and tourism development plans.
Amend ‘Monitoring of Agreement’ from “meet six monthly” to “meet annually”.
Amend Agreement to update names of Agencies etc.
In relation to point No.1 above the following communities have been identified as having
a population between 20 – 50 (CHINS 2001) and maybe considered appropriate to be
included in the agreements.
Banana Wells
Bobieding
Burrguk
Budgarjook
Frazier Downs
LaDjadarr Bay
Malaburra
When considering whether or not to include these communities as signatories to the
agreements the following information is provided
Presently, Environmental Health, Building Inspection and Community Layout
Planning Services are extended to these communities subject to negotiation and
available resources.
Under the provisions of the State Government Policy (s5AA Statement of Planning
Policy, March 2000) – Planning for Aboriginal communities emerging communities
are limited population of 50 people or more.
Council has recently endorsed Community Layout Plans for Bobieding and Burrguk
Increased impact on resourcing and the associated increased workload as a result
of expanding the services.
In summary the following changes have been proposed to be made to the three service
agreements:
Building Services
Amend Agreement to update names of signatories etc.
Planning Services
DIA to advocate for funding to be made available for an audit of services and
survey of land in communities. Shire to support with letter.
Amend Agreement to update names of signatories etc.
Environmental Health Services
Amend Service Standards to include water quality monitoring and water resources
co-ordination.
President: ………………………………………………………….. Date: …………………………………………..
Minutes - Ordinary Meeting of Council 23 September 2003
Page 15
Include in Service Provisions the visiting schools for health promotion.
Amend Agreement to update names of signatories etc.
The four agreements have been modified to reflect the modifications as agreed by the
management committee as outlined above.
The Management Committee requested that once all members were happy with the
contents of the agreements that a meeting held somewhere on the Peninsula for the
actual signing and sealing of the documents.
Overall the provision of planning, building and health services to Aboriginal communities
has been in operation for three years and to date has been successfully implemented. As
such it is recommended that Council sign and seal the three service agreements for the
provision of planning, building and environmental health services and continue this service
to the remote Aboriginal communities.
CONSULTATION
Consultation has occurred via the management committee of which each of the State
agencies and communities have representation.
STATUTORY ENVIRONMENT
The Health Act, 1911 (as amended) will apply
The Local government Act, 1995 (as amended) and the Town Planning and Development
Act, 1928 (as amended) will not apply because of the land tenure arrangements for
Aboriginal communities
POLICY IMPLICATIONS
State Government Policy (S5AA Statement of Planning Policy, March 2000) – Planning for
Aboriginal Communities
FINANCIAL IMPLICATIONS
The provision of services and inspections as per the Agreement, which have been
incorporated into the budget of each of the departments involved.
STRATEGIC IMPLICATIONS
In accordance with Councils adopted Corporate Plan
VOTING REQUIREMENTS
Simple Majority
President: ………………………………………………………….. Date: …………………………………………..
Minutes - Ordinary Meeting of Council 23 September 2003
Page 16
REPORT RECOMMENDATION
That Council:
1.
2.
3.
Receive the minutes of the meeting of the Management Committee for the Service
Agreements held on the 29 July 2003 and endorse the recommendations
contained within that document.
Sign and endorse the Framework Agreement and the Planning, Building and
Environmental Health Service Agreements, for the provision of services to Aboriginal
communities (as attached) for the period 1st July 2003 to 30 th June 2004.
Not agree to extend the Agreements to include the other communities identified
until such time as Council is provided with additional resources and/or funding to
facilitate providing such services.
COUNCIL RESOLUTION
Moved: Cr M R McKenzie
Seconded: Cr C R Mitchell
That Council:
1.
2.
3.
4.
Receive the minutes of the meeting of the Management Committee for the Service
Agreements held on the 29 July 2003 and endorse the recommendations contained
within that document.
Sign and endorse the Framework Agreement and the Planning, Building and
Environmental Health Service Agreements, for the provision of services to Aboriginal
communities (as attached) for the period 1st July 2003 to 30 th June 2004.
Not agree to extend the Agreements to include the other communities identified
until such time as Council is provided with additional resources and/or funding to
facilitate providing such services.
Explore other options of funding/resourcing the extension of the Service
Agreements to the other identified communities.
CARRIED UNANIMOUSLY
Attachment: 33 pages
President: ………………………………………………………….. Date: …………………………………………..
Minutes - Ordinary Meeting of Council 18 December 2007
9.1.3
Page 23
BEAGLE BAY SERVICE COORDINATION AGREEMENT
LOCATION/ ADDRESS:
APPLICANT:
FILE:
AUTHOR:
CONTRIBUTOR/S:
RESPONSIBLE OFFICER:
DISCLOSURE OF ANY INTEREST:
DATE OF REPORT:
Beagle Bay Community
Department of Indigenous Affairs
Director Development Services
Nil
Director Development Services
Nil
5 December 2007
SUMMARY: An agreement to coordinate housing, infrastructure, essential and
municipal services to Beagle Bay has been prepared and Councils participation is
requested.
This report recommends Council supports the agreement but cannot participate as it
does not have the necessary resources available.
BACKGROUND
Previous Considerations
Nil
The Department of Indigenous Affairs (DIA) has prepared a Beagle Bay Service
Coordination Agreement between the Commonwealth and Western Australian
Governments and Mamabulanjin Aboriginal Corporation (MAC), Nirrumbuk Aboriginal
Corporation (NAC), Kimberley Regional Service Provider (KRSP) and the Broome Shire
Council for the provision of housing, infrastructure , essential and municipal services to the
Beagle Bay Township.
The copy of the agreement provided to the Shire (attached) has been signed by the
Regional Manager DIA, the Manager Indigenous Coordination Centre (ICC), Director
Office of Aboriginal Health (OAH), CEO MAC, Manager Environmental Health Services
NAC, and CEO KRSP. It is yet to be signed by the Regional manager Department of
Housing and Works and the President of the Shire of Broome.
The agreement is underpinned by the National Framework of Principles for Delivering
Services to Indigenous Australians endorsed by the Council of Australian Governments
meeting of 25 June 2004. It is consistent with the Bilateral Agreement on Indigenous Affairs
between the Commonwealth of Australia and the State of Western Australia (2006-2010).
The purpose of the agreement is to ensure that the residents of Beagle Bay have a
standard of housing, infrastructure, essential and municipal services that provide a safe
environment, complement healthy living practices and contributes to improved health
outcomes and quality of life.
The agreement is not intended to create any legal relationship between the parties and
there is provision for parties to withdraw with six months notice. It contains attachments
listing the various services, the service provides, the funding sources and the timing of the
services.
President: …………………………………………………………………………………………… Date: ……………………….
Minutes - Ordinary Meeting of Council 18 December 2007
Page 24
COMMENT
The range of services involving the Shire are predominantly in the area of environmental
health together with building control, planning, local emergency management and road
works support. The bulk of these services have in the past been provided through the
employment of an Aboriginal Environmental Health Officer funded through an agreement
with the Western Australian Department of Health (WADH). The WADH has advised that it
will no longer fund the position, providing funding instead to NAC.
While services will continue to be provided to Beagle Bay by the Shire commensurate with
resources available, it is not considered satisfactory to sign the agreement without the
resources required to provide the bulk of the services covered by the agreement.
CONSULTATION
The agreement has been prepared in consultation with all of the parties involved.
STATUTORY ENVIRONMENT
Local Government Act 1995
Health Act 1911
Planning and Development Act 2005
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
There is no provision in the budget for these services without WADH funding.
STRATEGIC IMPLICATIONS
People
Actively contribute to well-being and safety and support community initiative.
Actively consult and work with the Traditional Owners and Aboriginal people of Broome.
Place
Engage with the community and other agencies to provide land use planning that
protects and enhances the natural and built environment to support a quality lifestyle and
the local economy.
Prosperity
Partner with other agencies to ensure affordable and equitable services and
infrastructure.
VOTING REQUIREMENTS
Simple Majority
President: …………………………………………………………………………………………… Date: ……………………….
Minutes - Ordinary Meeting of Council 18 December 2007
Page 25
REPORT RECOMMENDATION
That Council:
1.
Advises the Department of Indigenous Affairs that it supports the Beagle Bay
Service Coordination Agreement but is unable to support the agreement as:
It no longer receives the necessary funding from the Western Australian
Department of Health and does not have the resources to provide the
services required
The proposed Bilateral Agreement will address this service as well as other
services not mentioned in the report.
2.
Requests through the Bilateral Agreement Committees (through WALGA) how the
funding, lifecycle costs and ownership of assets will be managed.
COUNCIL RESOLUTION
Moved: Cr C R Mitchell
Seconded: Cr R J Lander
That the Report Recommendation be adopted with the deletion of the word ‘support’ at
the end of Point 1 and replaced with the words ‘participate in’ as shown below:
1.
Advises the Department of Indigenous Affairs that it supports the Beagle Bay
Service Coordination Agreement but is unable to participate in the agreement as:
FOR:
AGAINST:
8
1
CARRIED
Attachment: 27 pages
President: …………………………………………………………………………………………… Date: ……………………….
THIS IS NOT AN OFFICIAL GAZETTED COPY
GAZETTED COPIES CAN BE OBTAINED FROM STATE LAW PUBLISHER
GAZETTAL DATE: FRIDAY 11 AUGUST 2000, SPECIAL GAZETTE NO.167
WESTERN AUSTRALIAN PLANNING
COMMISSION
STATEMENT OF PLANNING POLICY No. 3.2
PLANNING FOR ABORIGINAL COMMUNITIES
PLANNING FOR ABORIGINAL COMMUNITIES
BACKGROUND
The purpose of this Policy is to provide a framework for the planning of large permanent
Aboriginal communities. The Policy will also provide a basis for negotiation between
Aboriginal communities and local government about planning control and foster the
development of cooperative strategies which aim to minimize the need to use strict regulatory
powers.
The uncoordinated approach to the delivery of services in many of these remote communities
has led to a number of difficulties. Examples include inappropriate location of housing and
inefficient and haphazard provision of services such as water supply, sewerage, power and
roads. Improving the standard of planning in Aboriginal communities aims to provide more
efficient delivery of services to these communities, improved outcomes for residents and
ensure that cultural and social needs are given proper consideration.
The AAD (Aboriginal Affairs Department) and ATSIC (Aboriginal and Torres Straight
Islander Commission) have embarked on programs to improve the manner in which services
are provided to these communities. The Western Australian Planning Commission's role in
the planning process for Aboriginal communities will be limited to the final approval of
layout plans. The Western Australian Planning Commission’s approval shall be regarded as
the State's formal approval to these plans and all future servicing and expansion of these
communities should have regard to the approved plans.
The need to improve Aboriginal health is a national environmental health principle agreed to
and adopted by Governments across Australia. The Ministerial Council for Aboriginal and
Torres Strait Islander Affairs resolved in November 1994 that all levels of government ensure
ongoing exchange of information regarding infrastructure development and planning for all
communities, including outstations/ homelands, through the appropriate coordinated planning
forums.
In response to the “Task Force on Aboriginal Social Justice,” the State has agreed to improve
the manner in which services are provided to Aboriginal communities. A Working Party of
Chief Executive Officers of the major Government agencies was formed and agreed to
“normalise” the level of services to large permanent Aboriginal communities.
The Working Group defined ‘normalisation’ as meaning: “....providing and maintaining essential services to Aboriginal communities in the same
way as they are provided to a non-Aboriginal town or community. It does not result
in the ‘normalisation’ of an Aboriginal community, but the normalisation of the
delivery and maintenance of services to that community.”
Importantly the Working Group concluded that incorporating Aboriginal communities within
town planning schemes will assist in the process of normalisation.
Planning for Aboriginal Communities
In January 1997 the Aboriginal Affairs Legislative Review Reference Group finalised a report
on the “Provision of Services to Aboriginal People in Western Australia”. This report also
concluded that the town planning processes can assist with the coordination and delivery of
housing and services to Aboriginal communities.
Most Aboriginal communities have developed over time with the involvement of many
different government agencies. Achieving effective coordination of Government spending has
been difficult with Commonwealth and State resources spread between more than 250
discrete Aboriginal communities. The State Government has acknowledged that it has a
responsibility to provide services to selected large, permanent Aboriginal communities and
that the funding of infrastructure to smaller outstation communities is the responsibility of
the Commonwealth.
Public funding is provided for the construction of new dwellings, infrastructure (i.e. water,
sewerage etc.) and community buildings. In accordance with the findings of the Social Justice
Taskforce, public funding is now contingent on a development strategy or layout plan being
prepared. Anecdotal evidence suggests that there is also general acceptance by most
Aboriginal communities that some form of planning should take place to coordinate the
delivery of services.
Recognising the need to improve the standard of planning in Aboriginal communities, the
AAD and ATSIC, have, since 1996 embarked on a joint project to develop layout plans for
many communities throughout the State. In lieu of any formal framework for these plans,
interim procedures have been developed which involve referral of these plans to local
government for endorsement. A number of local governments have embraced the planning
project and are taking a pro-active role in communities. Others have been hesitant to become
involved because of uncertainty regarding the future role of local government in these
communities.
Planning for Aboriginal Communities
1.
INTRODUCTION
This policy sets out the planning processes to be followed when considering rezoning and
development plans for existing Aboriginal communities.
2.
APPLICATION OF POLICY
This policy applies to the planning and development of large permanent Aboriginal
communities. The principles incorporated in this policy could also apply to other discrete
Aboriginal communities throughout the State.
3.
OBJECTIVES
The objectives of this policy are to improve the standard of living and quality of life of
people living in Aboriginal communities by:
•
•
•
•
providing a framework to ensure that large permanent Aboriginal communities are
afforded a high level of service;
ensuring that these communities and associated land uses are appropriately identified
and zoned within town planning schemes;
providing a mechanism that will enable both local government and the Western
Australian Planning Commission to approve layout plans prepared for Aboriginal
communities; and
providing a framework for negotiation and decision making between Aboriginal
communities and local government.
4.
POLICY MEASURES FOR IMPLEMENTATION
4.1
Town planning schemes that include large permanent Aboriginal communities should
include such communities within a “Settlement Zone”. The scheme provisions
relating to the zone should require that all development be in accordance with a layout
plan approved by the local government and the Western Australian Planning
Commission.
4.2
As an interim measure a local government may adopt a planning policy to require the
preparation of a layout plan for selected Aboriginal communities. A model planning
policy is included in Part I of the Appendix 2 to this Policy.
4.3
For those communities which are outside a town planning scheme, local governments
are encouraged to participate in the preparation and adoption of layout plans. For
these communities, local governments may adopt this framework as a general policy
to guide the process of preparing and adopting layout plans.
Planning for Aboriginal Communities
4.4
Local governments are encouraged to consider including all large permanent Aboriginal
communities within a town planning scheme.
4.5
The Aboriginal Affairs Department, Aboriginal and Torres Straight Islander
Commission and Western Australian Planning Commission have developed Guidelines
for the Preparation of Preparation of Community Layout Plans for Western
Australian Aboriginal Communities. The Guidelines will assist in the preparation and
approval of layout plans including the process of consultation. The Policy should be
read with the Guidelines
5.
IMPLEMENTATION
The successful implementation of this policy will be the responsibility of Commonwealth,
State and local government. Under this policy, both the State and the relevant local
government will be responsible for determining layout plans for Aboriginal communities. The
Western Australian Planning Commission is of the opinion that local government through its
understanding of local issues, has an important role to play in improving the quality of life for
the people living in Aboriginal communities.
The following sections identify the role and responsibilities for the successful implementation
of this policy.
5.1
State Government
Implementation measures to meet Policy objectives are:
•
•
•
•
•
•
•
AAD will identify and provide local government with a current list of all large
permanent Aboriginal Communities within each respective local government area.
AAD in conjunction with ATSIC will fund the initial preparation of layout plans.
The AAD and ATSIC shall provide Guidelines for the Preparation of Community
Layout Plans for Western Australian Aboriginal Communities to assist in the
preparation and assessment of these plans.
The Western Australian Planning Commission, through the Infrastructure
Coordinating Committee, may, where necessary, assist in the coordination and
delivery of housing and services to Aboriginal communities.
The Western Australian Planning Commission through the Statutory Planning
Committee will assess and adopt layout plans submitted in accordance with this
policy and may seek the advice of the AAD and local government or any other
relevant body in this process.
The Western Australian Planning Commission shall maintain a central registry of
approved plans.
State agencies funding services to Aboriginal communities will require all future
buildings, works and structures to be built in accordance with the adopted
Community Layout Plans.
Planning for Aboriginal Communities
•
•
5.2
State Agencies should seek comment from the local government prior to proceeding
with development in a large Permanent Aboriginal community.
State agencies should also provide local government with certification that the
development building location and use has been constructed in accordance with the
Community Layout Plan. (This may include the need to engage an independent
surveyor to certify that the proposed building location and use is in accordance with
the Community Layout Plan.)
Local Government
Local Government is encouraged wherever possiblepossible :
•
•
•
•
To adopt a supportive and flexible approach to ensure that increased planning control
and regulation of development in Aboriginal communities complements Aboriginal
cultural aspirations and provides for negotiation and agreement.
To develop appropriate policies to assist with the coordination and delivery of
housing and services to Aboriginal communities.
To provide comment on any development proposed within large permanent
Aboriginal communities.
Maintain a record of development that has taken place within large permanent
Aboriginal communities.
Local Government shall:
•
•
•
•
Ensure that schemes are consistent with the objectives for large permanent Aboriginal
communities and submit these to the Western Australian Planning Commission.
Ensure that large permanent Aboriginal communities are appropriately identified and
zoned within existing or proposed schemes.
Assess and approve layout plans in accordance with the “Guidelines for the
Preparation of Community Layout Plans for Western Australian Aboriginal
Communities”.
not approve a layout plan unless satisfied that an appropriate level of community
consultation has taken place.
Planning for Aboriginal Communities
APPENDIX 1
Glossary of Terms
Uses shall have the meanings ascribed to them in the Model Scheme Text unless
defined below.
Large Permanent Aboriginal Communities
Includes Aboriginal communities that meet the following criteria:
•
•
•
•
Maintains a normal population of at least 50 people.
The community is the principle residence of the normal population for the majority of a
12 month period.
Communities that include at least 5 domestic dwellings that are connected to power,
water, waste water systems acceptable to the respective State regulatory bodies.
Communities that have secure land tenure.
APPENDIX 2
PART I - MODEL TOWN PLANNING POLICY
The following is a model policy for local governments to assist with the planning and
development of an Aboriginal community, where those communities are not affected by an
operative town planning scheme. The policy can also be used by local government proposing
to introduce a planning policy in accordance with existing town planning scheme provisions.
In those instances where the policy is to be adopted without the support of a town planning
scheme, local governments should resolve to initiate the policy, invite public submissions and
then adopt a final policy taking into consideration any submissions received. Future
modifications to the policy should also follow the same initiation, advertising and adoption
process.
Model Town Planning Policy For The Planning of Aboriginal Communities
PURPOSE
The purpose of this policy is to provide a framework for the planning of communities and also
to provide a basis for negotiation between Aboriginal communities and the local government in
order to foster the development of cooperative strategies to improve the general health, safety
and amenity of these communities.
Planning for Aboriginal Communities
OBJECTIVES
The objectives of this policy are to:
Encourage the orderly and proper planning of Aboriginal communities through the
adoption of layout plans.
Support the preparation of layout plans for Aboriginal communities.
Provide planning input and advice on the preparation of layout plans when required.
POLICY
Council shall determine and advise on the planning merits of layout plans having regard for the
following:
•
the purpose of the plan;
•
cultural and heritage issues;
•
community aspirations;
•
regional context;
•
the availability and location of services;
•
infrastructure provision and funding plan;
•
the proximity of any residential development to incompatible activities (i.e. Sewerage
treatment works, industrial activities etc.);
•
the location of floodways, watercourses, unstable or unsuitable soils and other physical
constraints etc.
Council shall not consider a layout plan, or any modification to an approved layout plan, unless
the affected community has had an opportunity to comment on the contents of the plan or
amendments to an approved plan.
Council shall maintain a copy of the approved layout plan for public inspection.
Once approved by Council, the plan shall be forwarded to the Western Australian Planning
Commission for approval
An approved layout plan, subject to the approval of the Western Australian Planning
Commission, may be amended or revoked by the Council.
Planning for Aboriginal Communities
PART II - Model Scheme Provisions
The following provisions should be included within a town planning scheme that includes large
permanent Aboriginal communities as defined by the Western Australian Planning Commission
Planning for Aboriginal Communities Policy.
I.
Modify the Scheme text by including the following section:
“Settlement Zone
Purpose
The purpose of the Settlement Zone is to provide a framework for the planning of
communities and also to provide a basis for negotiation between Aboriginal communities
and the Council in order to foster the development of cooperative strategies to improve
the general health, safety and amenity of these communities.
Layout plans
Layout plans may be prepared for either the whole or part of any land within the
Settlement Zone.
Layout plans should be prepared in accordance with the Guidelines for the Preparation
of Community Layout Plans for Western Australian Aboriginal Communities and with
any other relevant State or Commonwealth Government policy.
Council shall not consider a layout plan, or any modification to an approved layout
plan, unless the affected community has had an opportunity to comment on the
contents of the plan or amendments to an approved plan.
Council shall assess the planning merits of the plan and then resolve to either approve,
refuse or approve with any modification(s) that Council considers necessary.
After assessing the layout plan, the Council shall submit a copy of the plan to the
Western Australian Planning Commission for its approval.
The local government shall maintain a copy of the approved layout plan for public
inspection.
An approved layout plan, subject to the approval of the Western Australian Planning
Commission, may be amended or revoked by the Council."
II.
Modify the Scheme Maps by rezoning the ...... community from ....... to Settlement
Zone.
Planning for Aboriginal Communities