Burns Beach Residents Association Inc.
Incorporated Association Registration No. A0823550D
PEET Local Shop Precinct
The Burns Beach Structure Plan includes provision for a Local Shop Precinct (at the corner of Whitehaven Avenue and Grand Ocean Entrance).
It should be noted that the land titles for the Local Shop Precinct were incorrectly issued (with Restrictive Covenants allowing only residential use). PEET has acknowledged responsibility for this error. As a result of this error no commercial development was permitted in the Local Shop Precinct until the Restrictive Covenants expired on 31st December 2020.
2020 Community Consultation
PEET submitted an application to CoJ proposing Amendments to the Burns Beach Structure Plan, and specifically with regard to the Local Shop Precinct. CoJ undertook a Community Consultation process in February 2020.
The CoJ Community Consultation Package included documentation that was prepared by "Creative Design & Planning" (a Consultant acting on behalf of PEET), and by CoJ Planning Services team.
PEET's proposed Amendments were intended to:
Retrospectively rezone 3 Lots in the Local Shop Precinct that PEET previously sold (and CoJ Planning Department approved) for wholly residential use in clear breach of the Approved Burns Beach Structure Plan.
Redefine the permissible use of the remaining 2 undeveloped Lots in the Local Shop Precinct to allow development of a childcare facility that does not comply with the Approved Burns Beach Structure Plan.
BBRA and the Burns Beach community strongly opposed PEET's proposed Amendments, CoJ Planning Department and CoJ Council also rejected the PEET application.
PEET subsequently requested WA Planning Commission to approve the PEET application and on 13th October 2020 WAPC granted their request.
2021 Community Consultation
PEET and/or the proponent of the proposed childcare facility has submitted an application to CoJ for planning approval (see development plans below). CoJ undertook a Community Consultation process in June/July 2021.
The CoJ Community Consultation Package included various documents prepared by PEET and/or the proponent and their Consultants.
BBRA and the Burns Beach community strongly oppose development of a childcare facility at this location.
There is provision for a childcare facility to be developed at the new Burns Beach Primary School.
The Local Shop Precinct is not an appropriate location or of an appropriate size for a childcare facility.
Residents adjacent to the Local Shop Precinct could not possibly have envisaged that a busy car park (ground level) and an outdoor childrens playground (upper storey) could be constructed adjacent to their home.
CoJ Local Planning Policy specifically states that childcare facilities should not be developed in residential areas.
The Local Shop Precinct has always been reserved for a local shop where residents can purchase everyday essentials and socially interact. If a childcare facility is developed at the site this would prevent any future local shop development in Burns Beach.
A childcare facility would only be of potential benefit to a very small percentage of Burns Beach residents (a local shop would be of benefit to all residents).
The proposed car park design would result in congestion and chaos in Brulee Lane and would cause excessive noise to nearby residents.
The proposed upper level outdoor playground would cause excessive noise to nearby residents.
The documents provided by PEET and/or the proponent and their Consultants do not identify or address the valid community concerns.
At the CoJ Council Meeting on 17th August 2021, the application was refused as it did not meet the development standards of the Child Care Premises Local Planning Policy and Burns Beach Structure Plan.