Land Use and Development Guide
Use the Table of Contents links below to view specific sections of the Land Use and Development Guide:
Introduction
An important role and function of local government is to plan, implement, administer and review the orderly and sustainable use, development and management of all land contained within its local government area.
This is a complex, comprehensive and time-consuming task. It is not always readily appreciated by both the citizens of the local government area and proponents of development, especially as to why it is needed and how the need arises.
The Western Australian system of land use planning and development applies to the Shire of Carnarvon. Before considering this further it is important to offer a definition of land use planning.
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What is Land Use Planning?
Land use planning refers to the process or system by which land is allocated between competing and sometimes conflicting uses in order to secure the rational and orderly development of land in an environmentally sound manner to ensure the creation of sustainable human settlements2. This is generally expressed through maps, plans, drawings and other graphic illustrations, with supporting text and other documents.
This process also includes:
- the planning of movement networks to ensure the effective and efficient movement of people, goods and services; and
- the formulation of frameworks and policies to guide the desired nature and character of places, and the desired scale, extent and form of any physical development that takes place upon the land.
The land use planning process or system generally consists of two main functions; the making and execution of strategic land use plans, and development control.
An overview of each function, especially as it pertains to the Shire of Carnarvon, follows the section headed The Legal Context.
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Why is land use planning needed and how does it arise?
People have needs that must be satisfied. For instance, housing, jobs, education, recreation and entertainment opportunities, transport, and basic services like water, power, clean air, sanitation, and health care.
Many of these needs require land and infrastructure in order to be provided.
While there is a need to house the population, housing should not, for example, be provided in a wetland or a saltpan; or in areas of difficult terrain, or which are vulnerable to storm surge, tsunamis, etc. or which are unable to physically support building; or in an area that endangers the health and safety of residents.
Similarly, where the focus of economic development is on say, tourism, manufacturing industry or horticulture, sufficient and suitable land must be set aside for these purposes, ideally, where they will have minimal adverse impact on other land uses and activities (eg. noise, spray-drift).
Furthermore, some areas of land (and associated marine or aquatic environments) are desired to be retained and protected in their natural state as much as possible because of say, their wilderness value or their remoteness value.
Land use planning seeks to accommodate these needs, largely within a technical and spatial framework.
Sometimes these needs compete for the same location, especially where available or suitable land for those uses are limited, or where new uses emerge that had not been previously foreseen. These situations may give rise to land use conflict or incompatibility. This requires value judgements to be made as to the preferred use of land.
Land use planning is therefore, an important tool that can assist in making objective value judgements as to the preferred use and development of land.
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The Legal Context
Land use planning also takes place within a legal context.
The legal context provides the justification for land use planning and sets out the powers and duties of the authority responsible for land use planning and development. These include the procedures to be followed, the conditions under which they may be carried out.
It is also responsible for the matters to be covered in formulating and executing land use plans and the like, and for controlling and regulating land use and development.
Because land use planning is a dynamic process, and the pattern and form of land use and development changes over time, the law also makes provision for revising and changing land use plans and policies to ensure that they are always current and relevant to a town's, city's or region's needs.
The law also provides for remedies for those persons affected by land use planning and development decisions and activities and penalties for those who fail to comply with the provisions of the legislation.
In Western Australia, the Minister for Planning and Infrastructure (presently the Honourable Alannah MacTiernan), supported by the Western Australian Planning Commission (WAPC), has responsibility for land use planning and development within the State.
The process or system of land use planning and development within the State is primarily enacted through the Planning and Development Act 2005 (the PDA), together with various supporting and related acts and regulations.
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Land Use Planning in the Shire of Carnarvon
Responsibility for land use planning and development within the Carnarvon municipality generally, has been conferred upon the Carnarvon Shire Council by the WAPC3.
This includes authority to determine the way in which land within the municipality is used and developed, within the constraints laid down by the PDA and other relevant statutes. In effect, it sits in a quasi-judicial capacity when dealing with such matters.
It is required to consider any land use and development proposal with an open mind and on its merits, and to weigh up any competing considerations.
When exercising its authority, it is legally obliged to comply with the law, and cannot act outside the scope of its powers or use its authority for an improper purpose.
This is an extremely important role and function of the Council, not always clearly understood by citizens or developers.
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Strategic Land Use Planning
The strategic land use planning function is essentially concerned about the planned allocation of land use and the planning of movement networks. It is undertaken in a way that expresses or reflects a community's or region's vision and aspirations for its future growth and development, to be achieved over a specified period of time.
The strategic land use planning process is required to:
- anticipate the future development needs of an area;
- identify relevant development issues;
- identify opportunities for and constraints to development;
- identify areas which are suitable/unsuitable for different types of land uses and development;
- make proposals for the way in which the area should develop over time; and
- establish policies and standards to guide land use and development.
These actions and tasks and the resulting outcomes are generally embodied in a strategic land use plan (or plans), which essentially, is a road-map that sets out the way for a community or region to attain its vision.
A strategic land use plan can be produced at any geographic or spatial level - for a municipal district, for a metropolitan area, or a town or village, or for any specified area, especially an area experiencing significant development pressures or negative effects of growth and development.
In regard to the latter, a strategic land use plan can be a way of alleviating or removing such pressures and managing future positive growth.
Strategic land use plans also provide the contextual framework for the control and regulation of land use and development, and for the making of land use planning and development policies to guide decision-making authorities and developers in the use and development of land.
In Western Australia, the strategic land use planning process is primarily guided and governed by the TPDA, through its planning policy provisions.
These provisions require the preparation of a Local Planning Strategy (LPS) when preparing a new town planning scheme (TPS). A town planning scheme is the principal instrument by which development control of a specified area is enacted (see section on Development Control).
The aim of an LPS is to express more clearly the strategic vision, policies, objectives and major proposals for land use and development within a town planning scheme area, say over a 15 to 20 year timeframe. It is also a means for interpreting State and regional land use and development policies and region schemes at the municipal or local government level, and adapting them to local circumstances.
An LPS is required to form part of any proposed new town planning scheme but by itself, it has no statutory force or effect. However, by forming a part of a relevant town planning scheme, the local government is to have regard to it in formulating, adopting and endorsing local area plans, area improvement plans, town planning scheme policies, and proposals to rezone, subdivide and to use and develop land.
It also provides the contextual framework for the making and implementation of a town planning scheme and for consistency in decision-making when determining land use and development proposals.
In the absence of this framework development control becomes or is seen as arbitrary, leading people to question whether or not there is any sound basis or foundation to decisions made.
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Strategic Land Use Planning in Carnarvon
In Carnarvon, an LPS - together with a new town planning scheme - is currently in preparation. The LPS and new scheme will apply to the whole of the Shire area.
Initial preparation has already included public and key stakeholder participation. Further participation will be sought through a formal three (3) month public advertising process, anticipated to commence later this year (2006).
Following the completion of the public advertising process, the Carnarvon Shire Council will review both the LPS and new scheme within the context of any submissions received and any subsequent proposed or approved land use changes. Depending on the nature and substance of these, modifications to both the LPS and new scheme maybe required, and if substantive, may require the LPS and new scheme to be re-advertised.
Once the LPS and new scheme is adopted by Council, it is forwarded to the WAPC for further review and endorsement, and then to the Minister for Planning and Infrastructure for final approval and gazettal.
Thereafter, proposals for new land use and development, or changes to existing land use and development will be required to conform to the LPS and new scheme.
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Development Control
The development control function regulates land use and development to ensure that all land use and development takes place at an appropriate time and place and in a form and manner that conforms to a pre-determined set of policies or standards.
It is not about stopping development or to make life difficult for developers or builders. Instead, its primary purpose is to ensure the orderly and rational development of land to create sustainable human settlements that accommodate a variety of land uses to meet the needs of the people who live in these settlements.
It seeks to achieve this by ensuring that development:
- is appropriately sited, in order to ensure minimal adverse impacts and effects upon neighbours and within the surrounding locality, and is not located in high-risk areas susceptible to flooding, tsunamis, storm surge etc
- is adequately serviced or supported by the provision of necessary facilities (eg. onsite car parking,
- effluent disposal) and infrastructure (access roads, drainage, water supply, power supply,
- telecommunications, etc); and
- respects highly-valued and significant natural areas and culturally and historically significant places.
Development control is a statutory function largely enacted through a prescribed land use/development approval process whereby proponents submit applications for their land use/development proposal for determination by the approval authority. Those responsible for exercising that function, have a duty and obligation to ensure that the use and development of land occurs (and is necessarily enforced) in the manner and limits prescribed.
Similarly, it is incumbent upon - and a legal obligation of - the registered proprietor or custodian of land the subject of a land use/development approval to ensure that the approved use/development occurs in the manner and limits prescribed.
In determining whether to grant land use/development approval, an application is assessed and evaluated in two ways:
- its land use capability and suitability; and
- its intended physical form, scale, and character of existing and proposed use/development thereon.
In assessing land use capability and suitability, the following criteria is generally applied:
- land use designation (scheme reservation/zoning)
- type and nature of use, and its permissibility under any prevailing legislative regime
- compatibility with existing and surrounding land use/development
- likely amenity impacts (eg. noise, air or other pollution and emissions)
- processes to be engaged in the conduct or carrying out of the use/development
- effect on local traffic movement
- effect on existing or proposed public services and/or physical or social infrastructure
- proximity to environmentally-sensitive areas (eg. foreshores, wetlands, mangroves etc)
- conformity with adopted or approved regional and local plans, strategies, policies etc
In assessing intended physical form, scale, and character, the following criteria is generally applied:
- Spatial requirements and arrangements (including building orientation/positioning and set backs)
- Ratio of built area to site area (eg. plot ratio and site coverage)
- Height, scale, mass, bulk, and external appearance of buildings and structures
- Visual impacts (effect on adjoining land, streetscapes, and public open spaces)
- Pedestrian and vehicle access
- Vehicle parking provision and arrangements for on-site loading/unloading
- Disposal of waste generated at the site
- Natural and cultural heritage provisions (where applicable)
- Residential density (where applicable)
The physical characteristics of the subject land and surrounding land, such as topography, geology and soil type, vegetation cover, and drainage patterns etc are also important considerations in assessing/evaluating proposals. The impact of land use/development on these elements however is largely addressed when formulating zoning schemes and plans or land use structure plans beforehand.
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Development Control in Carnarvon
The use and development of land within the Carnarvon Shire is primarily regulate and controlled through two (2) town planning schemes.
Town Planning Scheme (TPS) No.10 (gazetted 26 February 1988), regulates the use and development of all that land contained within the gazetted Carnarvon townsite and its immediate surrounds.
Town Planning Scheme (TPS) No.11 (gazetted 11 August 1995), regulates the use and development of the balance land contained within the Shire, including the holiday settlement of Coral Bay. However, it excludes Bernier and Dorre Islands, situated approximately 50-60 km offshore west of the Carnarvon townsite.
Both schemes comprise a set of maps that allocate spatially all land within each respective scheme area into broad land use designations or categories known as scheme reserves and zones. As a rule of thumb, scheme reserves apply to Crown land that has been set aside for specific public or community purposes. Zones generally apply to freehold land (ie. land in private ownership) and may allow a class or types of uses thereon considered compatible with the zone purpose and objectives.
The text accompanying each set of scheme maps (ie. the scheme text) essentially sets out which classes or types of land uses are permissible under each zone, the way in which they can be physically and spatially arranged, and the process by which it is to occur.
To view either scheme please click on the links below:
Both schemes are also available for viewing at the Shire Office.
Council's development control function also includes building regulation, where the primary role and focus is ensuring the structural adequacy and energy-efficiency of new buildings and structures, and the refurbishment, redevelopment and/or extension of existing buildings and structures. This function is primarily enacted through the Local Government (Miscellaneous Provisions) Act 1960 and the Building Regulations 1989.
The Building Code of Australia (BCA) is the primary instrument by which the structural adequacy and energy-efficiency of buildings and structures is assessed.
Generally, approval pursuant to the above Act and Regulations for building on land within the municipality will not be granted until land use/development approval - where required by either scheme 10 or 11 - has been granted.
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Footnotes
- The information presented here has been adapted from a paper prepared for the USAID/OAS Post-Georges Disaster Mitigation Project by Dr. Deborah Thomas, Land Use Planning Consultant, Development Control Authority, delivered at a workshop for Building Inspectors held in Antigua and Barbuda on 15 January 2001.
- Ibid
- The Ningaloo Sustainable Development Committee (NSDC), a committee of the WAPC, also has responsibility for land use planning and development control within the Ningaloo Coast Regional Strategy (NCRS) area, pursuant to the Ningaloo Coast Regional Interim Development Order (NCRIDO). The NCRS area generally extends from the Gascoyne River mouth to Vlamingh Head (near Exmouth) on North West Cape, and inland from the coast to the North West Coastal Highway and the western side of Exmouth Gulf. This area traverses parts of both the municipalities of Carnarvon and Exmouth.
- The NSDC does not usurp Council's authority within that part of the NCRIDO area that is contained within the Carnarvon municipality but rather, exercises through the NCRIDO, a parallel role and function to Council, but more or less in a broader regional context. However, when dealing with land use planning and development matters in this area, Council is to have regard to the NCRS.
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