LOCAL PLANNING POLICY

Jetty and Mooring Requirements in the Canal Development Zone

Purpose In accordance with Clause 6.2.7 of Councils Town Planning Scheme No 4, Councils prior planning consent is required for all development within the Canal Development zone. The purpose of this policy is to outline all Council requirements and specifications in respect of Jetties and Moorings within this zone. Objective The objective of this policy is to protect the amenity of canals within the Shire of Murray, whilst still allowing for the construction and/or installation of appropriate boating facilities for domestic use. Interpretation For the purpose of interpreting this policy, all terms shall have the meaning given under the provisions of Councils Town Planning Scheme No 4. Note: There is no maximum size applicable to vessels under this policy, but rather specifications which may be utilised by Council to determine applications.

Application Requirements An application for Councils planning consent shall be made in the form set out in Schedule No 1 of the Shire of Murray Town Planning Scheme No 4. The form should be lodged together with the relevant application fee and three copies of plans of the development, detailing the following matters as a minimum The location of the proposed structure in relation to the existing canal wall, property boundaries and any adjacent structures. A detailed design of the proposed structure, including an elevation of the structure in relation to the high water mark. A proposed time frame for construction, with the applicants being required to notify Council on completion of the structure to enable a Certificate of Completion to be issued by Councils Technical Services Division.

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Notes: 1. With the exception of certain canal properties (ie. the Moorings and Sapphire Waters), private landowners do not own the portion of the canal where jetties and mooring envelopes are located. Applications for development on Crown Land must be signed by the Department of Planning as landowner (DoP Mandurah Office) prior to lodging with Council. 2. In addition the Shire of Murrays Application for Planning Consent (Form No 1), planning consent is also required under the Western Australian Planning Commissions Peel Region Scheme. Although this application is lodged with the Shire of Murray, a separate form must be completed. 3. Furthermore, once Planning Consent is obtained under both Councils Town Planning Scheme No 4 and the Peel Region Scheme, an application for a licence to construct a jetty must be lodged with the Department of Transport Coastal Asset Management Branch (1 Essex Street, Fremantle). Assessment Criteria In assessing an application for a jetty or mooring envelope in any canal system, the Shire of Murray shall have regard to the following matters, in addition to those considerations outlined by Clause.3.3.2 of the Scheme (a) Unless otherwise approved by Council, jetties and mooring envelopes shall comply with the following (i) with the exception of The Moorings, no mooring envelope shall exceed 3.5 metres in width (as measured from the approved jetty) and no mooring or jetty envelope shall encroach within 1.5 metres of a propertys side boundary; (ii) jetties shall be wholly located within the jetty envelope as shown on the concept plan for the relevant estate, as adopted by Council from time to time. (iii) jetties shall not exceed 2.5 metres in width, with a walkway or platform extending to the jetty being not more than 1.5 metres in width and fixed in such a manner as to facilitate removal; (iv) the length of vessels to be berthed at a jetty approved under this policy shall not exceed 50% of the Clearwater adjacent to the jetty, to the satisfaction of the Director Technical Services. (b) Variations of the side setback specified in Clause (a) (i) above may be approved provided the proposal is referred to any affected landowner for comment over a 14-day period and any submissions are considered. Where there is insufficient room to accommodate individual property jetties, the Shire of Murray will consider shared jetties between landowners. Jetties that comply with approved design plans for the ends of waterways, as prepared by Council from time to time, may be supported under delegated authority. 2

(c)

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(d) (e)

Jetty support piles shall be located no closer than 1800mm from the face of the canal wall. Floating jetties will be permitted within the canal systems provided that (i) they comply with all other aspects of this jetty policy; (ii) they are manufactured and installed in accordance with an appropriate engineering certification; and (iii) the floating jetty does not extend beyond a 400mm maximum height above the water level.

(f)

Jetties and associated walkways approved under this policy shall only be used to provide access to and from a berthed vessel or to catch fish or crabs within the canal.

In addition to the above general requirements, applications for planning consent must also comply with the following specific requirements. In the event that there is a conflict between the general and specific requirements, the specific requirements shall apply. Yunderup Major Canal (the canal between Moyup Way and Tanderra Place) (g) (h) (i) All jetties shall be contained within a jetty envelope 3.5m wide from the canal wall. Vessels shall only be berthed parallel to the canal wall. Mooring poles shall be contained within the approved mooring envelope.

Yunderup Minor Canals (All other canals in Yunderup Canal Stage 1 not classified as major) (j) (k) (l) All jetties shall be contained within a jetty envelope 2.5 metres wide from the canal wall. Vessels shall only be berthed parallel to the canal wall. No boat mooring poles will be permitted within the minor canals.

Murray Lakes Hard Wall Area (m) All jetties shall be contained within a jetty envelope 3.5 metres wide from the canal wall. (n) (o) Vessels shall only be berthed parallel to the canal wall. Mooring poles shall be contained within the approved mooring envelope.

Murray Lakes Beach Area (p) Boat moorings and jetties shall not project more than 10.2 metres into the canal, as measured from RL 0.0. The jetty shall be contained within a six metre envelope from RL 0.0. Where there is insufficient room to accommodate individual property jetties, the Shire of Murray will consider shared jetties between landowners. Jetties that comply with approved design plans for the ends of waterways, as prepared by Council from time to time, may be supported under delegated authority. 3

(q)

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(r)

Council will consider the establishment of finger jetties, L shaped jetties and T shaped jetties, however these jetties and associated moorings must be contained within the envelopes outlined in this policy. Where jetties and mooring envelopes are proposed to extend more than 10.2 metres into the canal, the application may be supported under delegated authority provided that the Director Technical Services is satisfied that the required canal Clearwater is maintained and safety considerations met.

(s)

Murray Waters (t) Jetties within the Murray Waters Canal shall be constructed so as to have a maximum projection into the canal, in line with existing jetties. Jetties shall be designed as to not detrimentally impact on navigation within the Canal, to the satisfaction of the Director Technical Services.

(u)

The Moorings (v) For lots 380 to 389 Murray Waters Boulevard, and lots 376 to 379 Kiap Road, jetties shall be constructed on a shared basis in accordance with the approved jetty plan. For all other lots, jetties and associated mooring envelopes shall be wholly contained in private property and shall not encroach within 1.5 metres of a propertys side boundary.

(w)

Approval Conditions Conditions will be applied to applications as deemed necessary. Without limiting the generality of Council discretion, approvals are to contain the following conditions, as deemed necessary by the Director Planning and Development Services (a) The development hereby approved shall occur in accordance with the plans and specifications submitted with the application and these shall not be altered or modified without the prior written approval of Council. (P) The jetty and mooring envelope shall extend no further than 10.2 metres into the canal, as measured from the peg on site marking RL 0.0. (Note: this condition applies to Murray Lakes Beach lots only). Unless otherwise approved by Council, any boat berthed adjacent to the approved jetty shall be wholly contained in the approved mooring envelope, to the satisfaction of Council. Reflective tape shall be attached to the proposed mooring poles and/or jetty, to the satisfaction of Council and the Department of Transport. The Department of Planning Coastal Asset Management Licence number shall be clearly displayed on the canal side of the jetty, with numbers not less than 75mm high. Compliance with Shire of Murray Town Planning Scheme No 4 and associated Planning Policies. (P) 4

(b)

(c)

(d)

(e)

(f)

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(g)

Unless otherwise approved by Council, no signage or other promotional material shall be attached to or erected upon the structure hereby approved. This approval shall expire if the development hereby permitted is not completed within two years of the date hereof, or within any extension of that time which, upon written application (made before or within 21 days after the expiry of the approval) to Council, is granted by it in writing.

(h)

Advice to Applicant
(i) The owner is advised that due to the length of the proposed jetty it will not be possible to convert the proposed structure to an L or T shaped jetty at a later date, as the associated mooring envelope could not be contained within the identified jetty and mooring envelope. The applicant is advised that prior to installation of the jetty hereby approved, prior approval must be obtained from the Department of Planning. On completion of the proposed jetty, the applicant is required to notify Councils Technical Services Division in order that the works may be inspected and a certificate of practical completion issued.

(ii)

(iii)

Administration
Officer Title Directorate Planning and Development Director Planning and Development Services Decision to Adopt/Amend Version Decision to Advertise 1 28 April 2005 2 OCM08/083 24 April 2008 OCM09/115 25 June 2009

Current Status Amended Current