Tourism Planning Taskforce Report - Western Australian Planning ...

Chapter 8Taskforce recommendationsThe taskforce’s preferred position on strataschemes is for subdivision to occur concurrentwith, but not prior to development of tourismfacilities. The recommendations provide forsurvey and vacant lot strata schemes to besupported subject to conditions requiring thatpractical construction issues, such as limitingthe development period for a scheme or stageto two years, and management arrangementsare addressed.These conditions and assessment criteria willoperate in addition to existing criteria under alocal government town planning scheme or asset out elsewhere in these recommendations.Further information on issues to be addressedin the development of best practicemanagement structures for the sustainableoperation of tourism developments iscontained in Appendix 5.Recommendation 12:That the recommended SPP, Land UsePlanning for Tourism, provide additionalcriteria to WAPC Policy DC 1.3 (Strata Titles)for the assessment of strata applications fortourism developments to reflect the particularrequirements for the sustainable operation ofstrata titled tourism facilities. Specifically, theamendments shall provide for the inclusion ofthe following criteria to be considered in theassessment of strata applications on landgenerally zoned for tourism purposes, andconditions to be imposed on approvals oftourism developments and tourismcomponents of mixed use developments.Assessment criteriai) The development/site the subject of theapplication has a valid developmentapproval issued by the local government,which demonstrates architectural andbuilding standards consistent with anintegrated tourism facility, and wheredevelopment has been undertaken, it isconsistent with that approval.ii) Where development includes or isproposed to include a residential-nooccupancy restriction component, it isconsistent with the design guidelines(Recommendation 10) and the unitallocation is consistent with the maximumpercentage determined for the site.iii) Where a development the subject of theapplication is not fully constructed, it shallbe demonstrated that any staging willinclude in each stage the common facilitiesrequired for that stage and demonstrateviable management potential in terms ofthe number of units constructed in eachstage. In such developments, theconstruction and staging program shall besubject to conditions to minimise impacts ofconstruction on operating stages of adevelopment, and provide a specific timeframe for construction of units and commonfacilities within each stage.iv) The site is not a site within a “CaravanPark and Camping Ground”, “Chalet andCabin” or like zone under the localgovernment town planning schemes oridentified for such a purpose in the localplanning strategy.Conditions:i) The management statement for the stratascheme shall establish a Schedule 1by-law that requires as a minimum theestablishment of a unit managementagreement, lease or alternativearrangement between each owner of atourism use strata unit, or the ownerscollectively, and a common facilitymanager/operator to provide for commonon-site management of all such units for aminimum period of 25 years as a tourismfacility. The management agreement, leaseor alternative arrangement shall cover butnot be limited to resort reception, security,maintenance, caretaking, refurbishment,marketing and other services required forthe development to operate as a tourismfacility. The management statement shallbe approved by the relevant localgovernment and the WAPC, in consultationwith Tourism WA. The required by-law shallspecify the inclusion of the followingminimum requirements in the managementagreement:a) Termination of one facilitymanager/operator must be followed bythe immediate appointment of areplacement manager/operator.b) The facility management agreementbetween each unit owner/owners andTourism Planning Taskforce Report77