FAQs

Yallingup, Eagle Bay, Old Dunsborough and Quindalup all have a unique character which is recognised by the City of Busselton and the community. The Local Planning Policies which apply to the Special Character Areas describe the character of these places as low-density, with a relaxed seaside holiday atmosphere where the built environment is integrated with natural landscapes  

 In recognition of this unique character the City of Busselton Local Planning Scheme No. 21 outlines a requirement for specific development standards for these locations. The development standards in Local Planning Scheme No. 21 are supported by Local Planning Policies for each area.

There are four Special Character Areas which are being reviewed as part of this project. These are the Yallingup, Eagle Bay, Old Dunsborough and Quindalup Special Character Areas. The location of each of the Special Character Areas is shown on the map below.

At the Ordinary Council Meeting on the 16 August 2023, the City of Busselton Council decided to review the existing planning controls for the Special Character Areas for Quindalup, Yallingup, Old Dunsborough and Eagle Bay. A key part of the policy framework review is consultation with community members and key stakeholders. 

 There are several reasons why the City has decided to review the Special Character Areas, including: 

• The use of discretion in the Special Character Areas needs to be resolved;
• The City is currently preparing a new Local Planning Scheme and this review will inform its content;
• There are some inconsistencies between documents in the planning framework which need to be resolved;
• The local planning policies are lengthy and difficult for landowners, applicants and decision makers to interpret;
• The Special Character Areas currently require development approval for all development. The review represents an opportunity to align with State Government planning reforms and allow development which meets certain standards to proceed without development approval. 

The purpose of this project is to review the existing planning controls for the Special Character Areas. The feedback received from the community will inform the review of current local planning policy and local planning scheme provisions. The community feedback will help to identify the desired built form outcomes for the area considering design matters such as building height, setbacks to the street and side boundaries, building design, retention of existing vegetation and landscaping and the presentation of buildings to the street. 

The City of Busselton are currently drafting a new Local Planning Scheme. The review of the Special Character Areas will help to inform the new Local Planning Scheme.

There are several key planning documents which influence development outcomes in the Special Character Areas. These include the Residential Design Codes, the Local Planning Policies listed below and the provisions of Local Planning Scheme No. 21

• LPP 3.2 Yallingup Special Character Area 
• LPP 3.3 Eagle Bay Special Character Area 
• LPP 3.4 Old Dunsborough Special Character Area
• LPP 3.5 Quindalup Special Character Area

The LPP’s provide a comprehensive description of the characteristics of the locality. All four policies emphasise the importance of preserving the unique and special character of their respective areas. This includes maintaining the low-density, relaxed, seaside holiday atmosphere and the integration of built environments with natural landscapes.

There are several other planning documents which will influence the review, including the City of Busselton Local Planning Strategy, State Planning Policy 6.1 Leeuwin Naturalise Ridge and State Planning Policy 2.6 State Coastal Planning. These State Planning Policies are included in the planning document library for ease of reference.

All development within the Special Character Areas currently requires development/planning approval from the City of Busselton. When an application is received by the City it requires assessment against the following documents:

• The City of Busselton Local Planning Scheme No. 21;
• The local planning policy for the Special Character Areas the site is in;
• The Residential Design Codes; 
• Any other Local Planning Policy or Structure Plan which applies to the site.

There are some inconsistencies between the documents listed above which leads to difficultly in implementing the desired outcomes for the area. This project aims to remove the inconsistencies and assist in streamlining the process for all users. 

The City of Busselton Local Planning Strategy and State Planning Policy 6.1 Leeuwin Naturalise Ridge are high level strategic planning documents which guide matters such as areas for future population growth and land use. These documents promote consolidation and redevelopment of existing urban areas, particularly those near Busselton City Centre and Dunsborough Town Centre. 

The Eagle Bay, Yallingup, Quindalup and Old Dunsborough Special Character Areas are not identified for significant future population growth. The review of the Special Character Areas acknowledges these documents do not include any changes to dwelling density or zoning. 

State Planning Policy 2.6 State Coastal Planning is a high level strategic planning document which guides decision making in coastal areas, particularly in relation to land use, the creation of coastal reserves and enhancing coastal environments. The policy provisions for the existing Special Character Areas are generally consistent with the requirements of this State Planning Policy. 

The City of Busselton completed the Coastal Hazard Risk Management and Adaption Plan (CHRMAP) in 2022. One of the recommendations of the CHRMAP is for the City to develop local planning policy provisions that respond to changes in the natural environment bought about by climate change. An example of this is for a local planning policy to establish a minimum Finished Floor Level (FFL) for new habitable floorspace in coastal locations. This needs to be considered as part of the review of the Special Character Areas.

The consultant team are delivering a layered engagement program which will include both in-person and online participation activities. We will be speaking with key community groups, design professionals, property owners and residents residing in the project area.  

The broader community is encouraged to view the project page on Your Say Busselton to complete online activities for early input into defining the character of the Town Centre. Further community consultation will be required as new planning documents are progressed including the new local planning scheme and any new or updated local planning policies for the Special Character Areas.

City officers aim to:

• Obtain feedback on analysis, alternatives, or decisions. 
• Work directly throughout the process to ensure that public concerns and aspirations are consistently understood and considered.
• Work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed.

Provide feedback on how public input influenced the decision.

The review of the Special Character Area is expected to be finalised by August 2024.

 Following this there are several additional steps which may be required. These may include:

• Council to consider new or modified Local Planning Policy (ies) for the Special Character Area. As part of this process, the policies will need to be advertised for formal community feedback before a decision is made by Council to adopt these. This process can take 3-6 months to complete.
• Council to prepare a new Local Planning Scheme. The new Local Planning Scheme will need to be formally advertised for community feedback and will also require approval from Council and the Western Australian Planning Commission. This process can take 12-18 months to complete.

A Planning Scheme is a legal document that guides the development and use of land within an area.

A Local Planning Policy is a document prepared under the Planning and Development (Local Planning Schemes) Regulations 2015. It can deal with any planning related matter and can be specific or broad in its application. The Local Planning Policies for the Special Character Areas deal with specific locations and provide specific controls.

A Local Planning Policy should be given consideration by a decision maker as part of the decision making process.

Under the provisions of Local Planning Scheme No. 21, there are a wide range of Special Control Areas in the City of Busselton. These areas all have special characteristics which require specific scheme provisions to help control development. This includes development investigation areas, landscape value areas, wetland areas, developer contribution areas and special character areas. 

In short, a Special Character Area is a location where specific development controls apply.

The community and Council have previously identified Yallingup, Eagle Bay, Old Dunsborough and Quindalup as having a Special Character which is worthy of preservation. If the Special Character Areas are not maintained through provisions in the local planning scheme and/or local planning policies, development will be assessed against the Residential Design Codes. The Residential Design Codes control matters such as building height, setbacks, landscaping and streetscape interface across Western Australia.